Is It Possible For Me To Be Found At Fault In My Bicycle Accident And Still Recover Compensation For My Injuries?
- October 5, 2017
Yes, in the laws of some states like Illinois, you are still permitted to receive a settlement for the bicycle accident mainly if you were not 50 percent at fault for the crash. You can be responsible for the bicycle accident if you are negligent as you ride the bike and cause the collision. Therefore it is vital to comply with the laws of the state. But you could still be able to receive your settlement for the personal injuries. In some countries, the laws of traffic to all road users such as bicyclists and motorists. Therefore all bike riders are equally responsible as the drivers. Based on the Center for Disease Control and Prevention (CDC), over 900 bike riders were killed in 2013 in the America alone. Additionally, a stumbling 494,000 needed to visit the emergency room due to bike-related personal injuries in that year. Moreover, the Texas Department of Transportation (TxDOT) noted that 51 bike riders in Texas were killed in 2015, this was a two percent rise from 2014. This statement goes to explain how frequent bicycle accidents can be both at federal and state levels. So if you are looking to find compensation legally for a crash that caused financial and medical expense, you are not alone. And to get the precise settlements that you deserve, you should seek advice from bicycle accidents injury attorney, who we can efficiently provide. Common injuries you should find recover for include torn ligaments, spinal injuries, Road rash, concussion, traumatic brain injury, fractured or broken bones and blunt force trauma.
Illinois laws, for instance, use the provision of modified comparative negligence, which only encompasses a bar towards recovery when the bicycle rider is more than 50 percent responsible for their injuries. 735 ILS 5/2-1116. Therefore in Illinois, bike riders who get injured and are below 50 percent at fault for the carnage are allowed by law to recover damages incurred. But these losses will be lowered according to their percentage of responsibility hence if you are 30 percent at fault, you are only able to get 70 percent settlement. A police report or insurance organization asserting that you are at fault partially does not make it factual or correct. Uniquely, comparative negligence and amount of responsibility are laid out by the trier-of-fact or jury.
It is vital to review what kind of settlement is viable in a cause of duty. Heck, lawsuits consume a lot of time and work. Therefore it is essential to ensure if it is worth it. Bicycle collision cases depict other injury cases in the case compensation they commonly get. So let’s go through what that is:
• Economic Losses: if you are involved in a bicycle accident, and the other party is responsible, then you can get the settlement for the financial losses due to property damage, lost earnings from missed work, medical expenses, and other things.
• Intangible personal injuries: undisclosed personal injuries are part of bike accidents and are a significant source if settlement for victims. They commonly are about disfigurement, long-term suffering, disability and any decrease in quality of life as a result if the event.
• Punitive damages: if the party responsible was acting in wanton when they crashed on you on a bicycle, you could be able to get punitive damages lawsuit.
• Wrongful death: if you lose your family member or loved one as a result of the accident, you could claim settlement for injuries and financial expense that the wrongful death caused in your life, including the suffering and pain that they went through before their end.
It is important to note that, these are not the only reasons to claim for a settlement in a bicycle accident lawsuit, but these are the most common sources.
Our organization represents all kinds of bike accident plaintiffs regarding whether or not they were responsible. In some states like Illinois, still, permits you to get a settlement as long as you were not directly to blame for the accident and you deserve compensation. Additionally, we can offer you all of the assistance that you require on contingency in order not to pay a dime.