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Wheaton Lawyers Representing Injured Cyclists
Wheaton is an affluent community in DuPage County, Illinois. It is approximately 25 miles west of Chicago and Lake Michigan. The city has a population of approximately 55,000 people. In 2018, a major publication named Wheaton one of the best places to live in the US based on factors such as safety, affordability, and economic stability. Residents and visitors of Wheaton can enjoy a variety of attractions in the area, including bike trails such as the Illinois Prairie Path; the Herrick Lake Forest Preserve, and Kelly Park. While bicycles are a fun and energy efficient way to get around, the truth is that they can be dangerous. If you have been injured in a bike accident caused by someone else’s negligence, you may be able to seek damages. At Therman Law Offices, our skilled Wheaton personal injury attorneys know that dealing with injuries after a bike crash can be draining, which is why we will vigorously advocate for your rights every step of the way.
Bicycle Accident Statistics
Data from the the National Highway Traffic Safety Administration (NHTSA) indicate that 840 bicyclists were killed in traffic accidents across the United States in 2016. There are two main types of bicycle accidents: falls and collisions with cars. NHTSA found that bicyclist deaths occur most often between 6 and 9 in the evening at all times of year. In addition, bicyclist deaths take place most often in urban areas (71 percent) compared to rural areas (29 percent). The Illinois Department of Transportation (IDOT) categorizes any occupant of a non-motorized vehicle that is propelled by pedaling, including bicycles, unicycles, and tricycles as a ‘pedal cyclist.’ IDOT data reveals that in 2016, crashes involving pedal cyclists accounted for 1 percent of overall crashes. That same year, there were 19 pedal cyclist fatalities and 3,115 pedal cyclist injuries. A seasoned bicycle accident lawyer in Wheaton can help victims of these kinds of accidents as well as their loved ones seek to hold the responsible parties accountable.
Suing After a Bicycle Accident
As you can imagine, when a collision takes place between a motor vehicle and a bicycle, the cyclist is most at risk for serious, even deadly injuries. Illinois, like every other state, requires bicyclists to follow the same rules on the road as other motorists. Unfortunately, many times, it’s the motorists who ignore or fail to share the road properly with bicyclists.
If you have been injured in a bicycle accident that was not your fault, you may be able to recover compensation through a personal injury lawsuit rooted in negligence.
To determine whether negligence played a role in the accident, the judge or jury will have to decide whether the defendant owed a duty of care (i.e., the legal obligation to drive in a safe and reasonably prudent manner) to the plaintiff. If the defendant did, in fact, owe the plaintiff a duty of care, the next question would be whether the defendant breached the duty of care owed to the plaintiff.
If yes, the plaintiff would have to show that the defendant’s breach was a direct cause of the accident and plaintiff’s resulting injuries or property damage. In some cases, establishing negligence is relatively straightforward (i.e., when a motorist hits a cyclist because the motorist ran a stop sign), while in other cases, it can be extremely complicated.
A knowledgeable Wheaton bicycle accident attorney can assess whether the facts of your case may meet the necessary elements of a negligence claim.
Time Limits in Bicycle Lawsuit Cases
As with any other type of claim, bicycle accident lawsuits must be filed within a certain time frame known as the statute of limitations. Under Illinois law, an injured bicyclist has two years from the date of the accident to file a claim for bodily injury, and five years from the date of the accident to file a claim for property damage.
