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Common Bicycle Accident Injuries
Fatal Bicycle Accidents
Helping Families Recover Compensation Through Wrongful Death Claims
If a loved one dies in a bike crash in Chicago, you may need the assistance of a fatal bike accident lawyer. There is a growing number of cyclists taking advantage of Chicago’s infrastructural improvements in recent years. However, even with safety measures and more bike lanes, cyclists still face risks when riding in a busy city.
Common Causes of Bicycle Accident Fatalities
Several scenarios could lead to a fatal bicycle accident. Road hazards, such as potholes, uneven surfaces, or debris, could cause a bad fall if the biker is moving at a high speed. Even if a biker suffered injuries from a fall and survived, complications or infections could eventually lead to their death.
By far, the leading cause of fatal Chicago bicycle accidents is collisions with motor vehicles. Bikers are extremely vulnerable to the elements, so being hit by a vehicle weighing thousands of pounds could kill them or cause severe injuries. Municipal code 9-52-040 states that cyclists must yield the right-of-way just as other drivers do, but many motorists don’t realize this.
Sadly, multiple bikers have died after crashes in recent years. Three fatalities occurred along Milwaukee Avenue, a popular bike route, between 2020 and 2022. Other streets that have a high rate of collisions include Halsted Street, Damen Avenue, Clark Street, and Wells Street.
Wrongful Death Claims in Illinois Bicycle Accident Cases
If a person died in a bike accident, or if they suffered injuries and later succumbed to complications, the surviving family members could file a wrongful death lawsuit. This legal claim is brought against the at-fault party who acted negligently and caused the death of the crash victim.
Chicago bicycle accidents that result in fatalities may have been caused by other negligent parties, in which case the family could pursue compensation for the legal damages suffered.
Who Can File a Wrongful Death Lawsuit in Illinois?
Most wrongful death lawsuits are filed by representatives of the victim’s immediate family members. A legal representative of the victim’s estate may file the suit on behalf of a surviving spouse or the next of kin.
Family members can pursue a wrongful death claim themselves, but this comes with additional risks because of legal complexities.
The Illinois Wrongful Death Act
The Illinois Wrongful Death Act (740 ILCS 180/1) governs these types of claims. This law essentially states that whatever party may have been liable for damages if the victim had survived their injuries can be held liable in a wrongful death suit.
This can include punitive damages, which are only awarded in cases involving gross negligence or intentional misconduct.
Steps to Take After a Fatal Bicycle Accident in Chicago
If your loved one has passed after being hit by a motor vehicle while riding a bicycle, you and your family may be eligible for compensation. However, taking the appropriate steps after the crash is essential to build a strong case.
Preserve any physical evidence from the crash scene, including the victim’s bicycle, helmet, and clothing. Obtain a copy of the police report and an accident reconstruction analysis. Identify and interview any witnesses of the event. Gather medical records and the death certificate. If the victim received treatment, hold onto those records as well.
If possible, investigate the at-fault driver’s history. Finally, look for any sources of accident footage and review the recordings. A lawyer can help you with these final steps to build a stronger case. If you have questions about gathering evidence, you can take advantage of a free consultation with an experienced attorney.
Filing a Wrongful Death Lawsuit for a Fatal Bicycle Accident in Chicago
The legal process for any wrongful death case can be complex. First, you must draft and file the complaint with an Illinois court. This will be followed by a discovery process where evidence is shared. There will be a settlement negotiation to determine fair compensation. If no resolution is reached, your case could end up in a civil court.
Hiring personal injury attorneys who specialize in bicycle accidents and wrongful death cases will make the legal process much easier.
Compensation in a Chicago Wrongful Death Bicycle Accident Case
In a wrongful death claim, the surviving family members can pursue various legal damages. Some are similar to those in injury claims, such as medical expenses or loss of financial support. Other damages may include funeral costs, burial expenses, loss of consortium, and loss of quality of life.
Fatal accidents often result in higher settlement amounts, but the compensation depends on the circumstances of your case.
Statute of Limitations for Wrongful Death Lawsuits in Illinois
In Illinois, families have two years from the date of the victim’s death to file a wrongful death claim. If you wait until after this period, you may not be eligible for compensation unless you meet one of the few requirements for exceptions.
Exceptions may apply in cases involving minors, individuals with disabilities, criminal actions, or violent conduct.
Consult a Chicago Bicycle Accident Wrongful Death Attorney Near You!
The right personal injury attorneys can make all the difference in winning your wrongful death claim. At a time when your family is grieving and searching for answers, a bicycle accident lawyer in Chicago from our team can help you seek financial compensation and a small amount of justice for your loved one.
Contact us today to request a free consultation with experienced personal injury attorneys.
