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Bicycle Accident Settlements
Chicago bicycle accidents are a crucial way for injured cyclists to get help with their medical expenses and lost income.
According to the Illinois Department of Transportation, there were 1,410 bicycle crashes in Chicago in 2023, which left 7 cyclists dead and 1,270 injured. And because this only counts crashes reported to police, the true number is higher. Every one of those injured riders faced the same question: settle, or go to court?
Bike crashes can cause severe injuries that need expensive, long-term treatment, and the at-fault driver should pay for it. By working with an experienced Chicago bicycle accident lawyer, you can pursue compensation for medical expenses, lost wages, and every other loss your crash caused. This page explains how the bicycle accident settlement process works, what affects your payout, and what happens if the insurance company refuses to be fair.
Bike Accident Settlements Recovered by Our Law Firm
Prior results do not guarantee a similar outcome. Each case is decided on its own facts.
$2,250,000 – A commuter sustained a head injury while struck on her way to work. Her uninsured motorist insurance covered this bicycle accident claim.
$1,000,000 – A 26-year-old woman suffered a torn rotator cuff when a driver opened his door into her travel path. This was in direct violation of statute § 5/11-1407, which requires drivers to ensure that opening the door will not interfere with the movement of other traffic.
$499,000 – A bike messenger was struck by a vehicle exiting a parking garage. Our experienced lawyers proved that the driver did not know it was a two-way street and received damages that were almost at insurance policy limits.
Why Cyclists Settle Instead of Going to Trial
Bicycle accident settlements are preferred over personal injury lawsuits because they are less expensive and can be settled faster. With a settlement, the injured cyclist can recover damages even if they were partly at fault, and they have more control over the process.
With a court settlement for a bicycle accident, the injured party will not receive any damages if the jury decides against them. This means that the person would be responsible for all their medical expenses.
The legal process is long, and while there may be a higher settlement value, there will also be higher legal fees. Comparative negligence laws also mean that their final settlement may be less if the jury determines they are more at fault.
It is crucial to work with an experienced attorney for all personal injury claims, including bicycle accidents. Your bicycle accident lawyer can help you decide whether you should settle with the other party’s insurance company out of court.
Factors That Influence the Value of a Bicycle Accident Settlement
There is no average settlement for a bike accident. How much compensation you may receive depends on the specifics of your case, including the bicycle accident injuries sustained and the medical costs incurred. A personal injury attorney will evaluate your case and create a fair demand offer that covers all your needs.
Severity of Injuries
If you suffered injuries that significantly impact your ability to live a normal life, like a spinal cord injury or traumatic brain injury, you can recover additional compensation to cover things like rehabilitation costs and future lost wages.
Those with minor injuries, like soft tissue injuries, will receive less because their medical bills are not as expensive.
Medical Expenses
The total cost of your medical treatment affects your settlement value. This includes emergency room visits, physical therapy, medications, or long-term care. The injury severity, as well as the long-term prognosis, impacts what kinds of interventions you need both now and in the future.
It’s important to have proper documentation for your medical costs and injuries, as these will be used to determine how much you should receive. Your medical records and expert testimony from medical professionals will also help your legal representation determine what future needs you may have, which can then be used to craft a demand letter.
Lost Wages and Loss of Earning Capacity
Your lost income while recuperating from the bicycle accident will be included in your insurance claim. If you had to spend several weeks or months off work, you could receive more compensation. U.S. Code § 239d states that lost compensation is calculated at 66⅔ percent of the relevant pay period. You may also receive compensation for loss of income due to disability.
Pain and Suffering
Physical pain and suffering, emotional distress, and mental anguish are more difficult to quantify, which is why having an experienced legal professional to advocate for you is so important. These non-economic damages consider things like changes to your life due to the accident, the pain from your injuries, and depression or anxiety.
Property Damage
Insurance companies should reimburse you for replacement costs, such as repairing or replacing your bicycle. Just like with motor vehicles, estimators will consider things like the bike’s age, its original cost, depreciation, and any other personal property you may have had on your bike, like special handlebars or accessories.
Liability and Fault: How Clear is the Evidence?
than 50%” error)
Under Illinois statute 735 ILCS 5/2-1116, bike accident claims follow modified comparative negligence: everyone involved is assigned a share of the blame. This is different from contributory negligence, where any fault at all would bar you from recovering.
You can still recover damages as long as you were not more than 50% at fault. Your share of the blame reduces your award: if you are 30% at fault on a $100,000 claim, you recover $70,000. At 51% or more, you recover nothing. The strength of your evidence, photos, police reports, and timely medical treatment, heavily affects how fault is assigned.
Local law can also decide who is liable. In the Illinois Supreme Court case Alave v. City of Chicago, the court held that the city was not liable for a cyclist injured by a North Side pothole. Cases against a government body are harder and follow different rules, which is another reason to involve a lawyer early.
Available Insurance Coverage
Your settlement for a bicycle accident will be determined by how much insurance coverage is available. If an uninsured driver hits you and you don’t have uninsured motorist coverage yourself, it may be challenging to receive compensation.
How the Settlement Negotiation Process Works
Here is what actually happens, step by step, once you hire a bicycle accident lawyer.
1. Free consultation and investigation. We learn the facts of your crash and start gathering evidence: medical bills, police reports, photos, and witness statements. This tells us what a fair settlement should look like.
2. Reaching maximum medical improvement. Where possible, we wait until your treatment stabilizes so we know the full extent of your injuries. Settling too early can leave future medical costs uncovered.
3. The demand letter. Your attorney sends the insurance company a demand letter laying out your injuries, your losses, and the amount we expect.
4. Counteroffers. The insurer almost always responds with a lower counteroffer. Negotiation continues back and forth until a fair number is reached.
5. Mediation, if needed. If the insurer won’t be reasonable, a neutral third-party mediator can help both sides reach agreement without a trial.
Most cases resolve at one of these stages. In Illinois, that process commonly takes 12 to 24 months, longer for severe injuries or disputed fault.
What Happens If a Settlement Cannot Be Reached
If a fair settlement can’t be reached, your attorney files a lawsuit. Filing does not mean your case will go all the way to trial, it often pushes the insurer to settle, but it starts the formal litigation process:
- Discovery: both sides exchange the information and evidence they’ve gathered.
- Motions: either side may file motions, for example to compel the other party to share information, or for more time to prepare.
- Trial: if no settlement is reached, a jury hears both sides and reviews the evidence. If they rule in your favor, you may recover economic and non-economic damages such as pain and suffering.
In rare cases involving especially egregious conduct, a court may also award punitive damages, which are meant to punish the defendant and are never part of an out-of-court settlement.
What’s in a Settlement Agreement
A settlement agreement usually includes terms that prevent you from seeking more money later or publicly disclosing the amount. You’ll also decide how you’re paid: a lump sum, or a structured settlement paid over time.
Two things can reduce what you actually take home. If you used Medicare or Medicaid for treatment, a lien may require you to repay those programs from your settlement. And subrogation may let an insurer that already paid some of your costs claim repayment. An experienced attorney negotiates these liens down wherever possible so you keep more of your recovery.
Average Bicycle Accident Settlement Amounts in Chicago
In general, a bicycle accident claim can recover compensation between $10,000 and $100,000. However, every accident is different. Average bicycle accident settlement numbers do not mean that you’re guaranteed a certain amount of money for personal injury claims.
Factors that influence settlement amounts include the types and severity of injuries, medical bills, lost wages, pain and suffering, and who was at fault. Use our settlement calculator to see how much you may be able to receive.
Why You Need an Experienced Chicago Bicycle Accident Attorney
A lawyer guides you through the legal process while protecting your rights. Our skilled negotiators focus on securing favorable settlements so you can recover in comfort, and our nationally recognized firm has recovered millions for injured cyclists.
If you’ve been in a bike crash, contact us today for a free consultation about your rights.
Frequently Asked Questions
1. How long does a bicycle accident settlement take in Illinois?
Most settle within 12 to 24 months. Straightforward cases with clear liability can resolve in a few months. Cases involving severe injuries, disputed fault, or a government defendant take longer, partly because it’s wise to wait until your medical treatment stabilizes before settling.
2. Should I accept the insurance company’s first offer?
Usually not. First offers are typically low and made before the full extent of your injuries is documented. Once you accept, you cannot reopen the claim, even if problems appear later. Have a lawyer review any offer before you sign anything.
3. Do I pay taxes on a bicycle accident settlement?
Generally, compensation for physical injuries is not taxed under federal law. But portions like lost wages or punitive damages can be taxable. Because it depends on how your settlement is structured, ask a tax professional about your specific situation.
4. Can I still get a settlement if I was partly at fault?
Yes. Illinois uses modified comparative negligence, so you can recover as long as you were not more than 50% at fault. Your award is reduced by your share of the blame. At 51% or more, you cannot recover.
5. What if the driver who hit me had no insurance?
You may still recover through your own uninsured or underinsured motorist coverage, which often applies even though you were on a bike. Reviewing every available policy is one of the first things we do.
6. How much does it cost to hire a bicycle accident lawyer?
Nothing upfront. We work on contingency, meaning our fee is a percentage of what we recover for you. If we recover nothing, you owe no fee. The consultation is free.
Content reviewed by Chicago bicycle accident lawyer Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC, who holds negligent drivers, municipalities, and corporate defendants accountable to protect injured cyclists and their families, and is a trial lawyer recognized by National Trial Lawyers, Best Attorneys of America, and the National Association of Personal Injury Attorneys for high-severity injury claims.
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