Cycling is one of the most popular leisure activities in Illinois, especially in Edwardsville, a town that boasts hundreds of miles of publicly accessible cycling and walking trails. While biking is a great, fun way to get some exercise and travel, bicycle accidents do unfortunately occur. The risks of biking are only exacerbated when cyclists share the road with automobiles. If you or a loved one suffered an injury on a bicycle, due to another individual or dangerous riding conditions, you may be entitled to compensation for those injuries. Contact an experienced Edwardsville bicycle accident lawyer from TorHoerman Law to discuss your legal options today.
Unlike pedestrians, bicyclists do not automatically have the right of way. Instead, they must follow the same rules of the road as motor vehicles. This includes stopping at stop signs, obeying traffic lights, stopping to yield to pedestrians, and riding on the correct side of the ride.
There is currently no law in Edwardsville stating whether or not you have to wear a helmet, but it strongly encouraged. A helmet can prevent serious head injuries.
In Illinois, the statute of limitations for most personal injury cases is two years from the date of the accident. If a lawsuit is not filed within that time frame, you may not be eligible to receive compensation for your injuries. It is important to call a lawyer as soon as possible.
Amongst more than 200 new laws implemented by the Illinois state government that took effect on January 1st, 2018, HB 2895 named cycling the state’s official exercise. With warmer weather on the horizon, it’s just a matter of time before two-wheel traffic starts to flood the MCT trails. Cycling just recently has been dubbed the official exercise of Illinois but has long been the preferred means of exercise and travel for many. Madison County, Illinois has more than 130 miles of riding trails available to the public, attracting cycling enthusiasts from all around the greater St. Louis area. Unfortunately, the high number of cyclists also means there are increased chances of bicycle accidents. In the United State alone:
Fortunately, an experienced TorHoerman Law Edwardsville bicycle accident lawyer can help if you were involved in a bicycle accident. Our Edwardsville injury law office represents injured individuals through a number of legal services, including bike accidents.
Simple bicycle accidents usually are caused by an individual’s mistake and result in minor injuries. However, a bicycle accident involving an automobile will likely result in more serious injuries and liability falls on the negligent party.
Drivers hold an obligatory duty of care to bicyclists on the road. There is an increased duty of care when the cyclist is a child. Cyclists also hold some duty of care to drivers, but this duty significantly decreases for children.
Most bike and car collisions involve children, unfortunately. To counter this issue, the court places increased duty on vehicles operating near children. If a person is driving in an area in which they are aware of or they can at least expect with a degree of certainty that children will be present, they must exercise “unusual care.” These areas include schools, parks, subdivisions, and residential neighborhoods. Some districts even have “tender years” statutes that say very young children are unable to demonstrate a duty of care and are therefore not capable of contributory negligence.
The expectation of “unusual care” requires drivers to act above a normal state of awareness and caution. The driver can be held liable, even if he or she met the normal expectations of the duty of care if a child is involved in the accident. This is not to say a driver will always be held liable in this event, but the driver will need to prove that he or she displayed increased attentiveness and caution.
Like most other personal injuries, the liability falls on the individual(s) who displayed negligence. In car-bicycle collisions, shared liability is more likely the case. In a shared liability case, both parties displayed at least some negligence resulting in the accident. The parties will need to arbitrate the damages based on each party’s perceived level of liability, known as the comparative negligence rule.
If the bicyclist believes that the driver is at fault, they must prove that the accident occurred because of the driver’s negligence. To do so, the bicyclist will need to establish the following argument – any violations of the laws of the road are considered “negligence per se” showing that the driver broke the law is enough to hold them at least partially accountable for the accident.
Before you take advantage of the thousands of miles of beautiful public nature trails that surround the area, our Edwardsville bicycle accident lawyer is here to offer some advice on how to stay safe while still having fun. Most bicycle injuries that occur are actually easily avoidable. We cannot guarantee that after reading this guide you won’t fall off your bike or have a minor accident. But, what we can guarantee is that if you do have an accident, you are far less likely to suffer a personal injury if you follow these tips.
Some of these tips may seem obvious and unnecessary, like our first tip: wear your helmet. Highlighting the importance of wearing a helmet may seem unnecessary, but it may also influence you to actually wear your helmet, which would drastically decrease the chances of an unnecessary injury. Learn more about the helmet laws in your state.
Were you involved in a bicycle accident and have unanswered questions about your accident? Contact an experienced Edwardsville bicycle accident lawyer for a free consultation to discuss confidential or time-sensitive information and learn about your legal options today.
If you suffered injuries, property damage, or other losses as a result of a bike accident, you may be entitled to compensation through legal action. Talk to an Edwardsville bicycle accident lawyer from TorHoerman Law today.
Want to find out if you qualify for compensation right now? Use our chatbot to receive a free, instant online case evaluation.
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