Chicago Fatal Bicycle Accident Lawyer

Helping Families Recover Compensation Through Wrongful Death Claims

IIf a loved one dies in a bike crash in Chicago, you may need the assistance of a Chicago fatal bicycle accident lawyer. An experienced fatal bicycle crash lawyer in Chicago can help families pursue justice and financial recovery after a tragic loss. 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. When a fatal bicycle accident occurs because of another party’s negligence, surviving family members may have the right to pursue compensation and hold the responsible party accountable.

Common Causes of Fatal Bicycle Accidents in Chicago

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 with high collision rates include Halsted Street, Damen Avenue, Clark Street, and Wells Street.

Many fatal crashes occur at busy intersections, making a fatal intersection bicycle accident one of the most common causes of cyclist deaths in urban areas. In some cases, a truck-bicycle fatal accident can result in catastrophic injuries due to the size and weight disparity between vehicles and bicycles. When a negligent driver’s bicycle death occurs, surviving family members may have legal options to seek compensation.

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 type of wrongful death bicycle accident claim is brought against the at-fault party whose negligence caused the victim’s death.

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. Depending on the circumstances, the victim’s estate may also pursue a survival action or related personal injury claim to recover damages the cyclist incurred before death.

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. Working with a cyclist fatality attorney can help ensure all legal requirements are properly met and protect the family’s interests throughout the legal process.

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. These records can be critical when establishing liability and responding to any comparative negligence arguments raised by the defense.

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. A bicycle accident death lawsuit may involve extensive investigation and expert testimony. This will be followed by a discovery process where evidence is shared. There will be an Insurance Settlement negotiation to determine fair compensation. If no resolution is reached, your case could end up in civil court.

Hiring attorneys who specialize in bicycle accidents and wrongful death cases will make the legal process much easier. A Chicago fatal bicycle accident lawyer can guide families through every stage of the process.

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. The amount of fatal bike accident compensation available depends on factors such as financial losses, emotional suffering, and the circumstances surrounding the crash.

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. A Chicago fatal bicycle accident lawyer can help your family pursue accountability and financial recovery after a devastating loss. 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.

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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