What Types of Damages Can I Recover From a Bicycle Accident in Illinois?

Cycling is a common mode of transportation and healthy exercise for many Illinois residents. Whether riding on Chicago’s busy streets or along quiet suburban roads, bicyclists are at higher risk of being hit by negligent drivers.

When a cyclist is seriously injured because of someone else’s negligence, they should know what types of damages they could recover from a bicycle accident in Illinois. Working with a Springfield bicycle accident lawyer from Holley, Rosen & Beard, LLC could help.

Recovering Financial Losses

Economic damages represent the quantifiable, out-of-pocket expenses resulting from your bicycle accident and the injuries you sustained. These tangible costs typically can be calculated using bills, invoices, and paychecks.

Typically, the most significant economic damages often relate to medical expenses, which is why calculating both current and future potential costs is vital. If you are still recovering from your injuries, you need to work with a lawyer who understands how to build a case of evidence to support these anticipated costs. This often relies on expert witness testimony from doctors and healthcare specialists.

Another major component is lost pay due to the inability to work. If your injuries leave you with long-term disabilities, you may also qualify for compensation due to the impairment of your future earning capacity. Calculating the comprehensive amount of financial losses should allow you to take into account current medical bills as well as ensure long-term financial stability for you and your family.

Compensation for Suffering

Non-economic damages compensate for less tangible losses. These more subjective losses are often referred to as pain and suffering. Bicyclists injured in an accident can claim losses such as:

• Chronic pain
• Suffering
• Mental anguish
• Disfigurement
• Permanent disability
• Loss of companionship

One non-economic damage injured bicyclists often need to calculate is the loss of ability to participate in hobbies and activities they once enjoyed, including cycling itself.

Special Damages

While this does not happen often, punitive damages may be awarded by the court if the at-fault party’s negligence was particularly egregious. These damages do not attempt to compensate the injury victim, but rather serve as a punishment for the negligent driver. An example of a case that could include punitive damages would be a driver who was severely intoxicated at the time of the accident.

Establishing Fault Is Key

The right to recover damages for an Illinois bicycle accident is entirely dependent on your ability to establish who was at fault. As with other personal injury cases, liability relies on the key principle of negligence, or the failure to act with the level of care a reasonable person would have in the same situation.

Often, accidents involving bicycles and cars are considered shared liability cases. Under the Illinois modified comparative negligence system, injured bicyclists are able to claim compensation as long as they are found to be 50% or less responsible for their accident. Working with an experienced bicycle accident lawyer can help you gather strategic evidence to back your claim.