Riding a bike is a healthy, environmentally friendly way to get around town. However, all it takes is one distracted driver to instantly change your life. If you have been hit while cycling, you may worry about your injuries, medical bills, and lost wages, including your future income. In addition, navigating the personal injury process, including dealing with insurance companies, may be overwhelming. Hiring a Joliet bicycle accident lawyer may help relieve some of this stress.
The trusted personal injury attorneys at La Justicia Legal have helped injured cyclists fight the insurance companies to get the compensation they deserve. Let us help you take the next steps toward protecting your rights and healing from your injuries.
To succeed in a bicycle accident claim, you must prove that another party acted negligently—that is, they failed to use reasonable care under the circumstances and directly caused your injuries. This could mean showing that a driver was distracted, violated traffic laws, or failed to yield the right of way. Evidence such as witness statements, traffic camera footage, police reports, and expert testimony can all help build a strong case.
But what if the driver claims you were partially responsible for the crash?
Illinois uses a modified comparative negligence rule (735 ILCS 5/2-1116). Under this law, you may still recover damages as long as you were less than 51 percent at fault. However, your percentage of fault will reduce your compensation.
For example, if you did not have a light on your bike at night, as required, and a jury finds you were 20 percent at fault for the crash, it does not mean you do not receive any compensation. In this example, if your total damages were $100,000, you would still recover $80,000. However, if you were found to be 51 percent or more at fault, you may not be able to recover anything.
Due to this law, it is important to have a knowledgeable bicycle accident attorney in Joliet to make sure that the insurance company does not shift the blame onto you unfairly.
If you have been hurt in a bicycle accident, you have a limited time to file a lawsuit. The statute of limitations for bicycle accidents is two years from the date of the accident, according to 735 ILCS 5/13-202.
If you miss this deadline, you may not be able to pursue any compensation at all. This is why it is important to speak with a skilled bicycle accident lawyer in Joliet as soon as possible. At La Justicia Legal, we work to help you understand your rights and make sure everything is filed on time.
After a bicycle accident, there are some things you can do to protect your health and claim. You should seek medical attention immediately. This not only ensures your physical health and well-being, but establishes a link between your injuries and the accident that is vital to proving your damages. You should also preserve evidence by keeping your bike, helmet, and any torn or damaged gear.
In addition, you should not talk to the insurance companies alone. Insurance company representatives may try to trick you into ruining your claim. They simply want to save the company money. Speak with a bicycle accident attorney in Joliet before you give a statement.
At La Justicia Legal, we know that your situation is unique. We could give you the personalized treatment you need. Our seasoned trial attorneys have strong ties to the community. Insurance companies know that we are not afraid to litigate, which gives us leverage when negotiating your settlement.
If you have been injured while cycling, let us talk about your options and how we may help. Call us today for a free consultation with a Joliet bicycle accident lawyer.
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