Lawyer for Bicycle Accident in O'Fallon, IL
O'Fallon, IL Personal Injury Attorneys
Call 866-382-4167 for a Free Consultation | O'Fallon, IL Lawyer for Bicycle Accident
Lawyer for Bicycle Accident in O'Fallon, IL. Riding a bicycle is a wonderful way to exercise and enjoy the freedom of the outdoors. But too frequently, bicyclists don't receive the same respect that motorists do and end up injured because of someone else's negligence. If you were injured in a bike accident through no fault of your own, the lawyer for bicycle accident team of Halvorsen Klote Davis is here to help see you through your time of need. We provide expert and sound legal advocacy to clients in O'Fallon, IL and throughout the Greater St. Louis area and Southern Illinois. Our consultations and initial investigations are free, and you do not owe us anything unless we secure you the recovery you are owed. Speak directly to a qualified and friendly bicycle accident lawyer by calling 866-382-4167 or by getting in touch with us online.
Why Should You Hire a Lawyer for Bicycle Accident Cases in O'Fallon, IL?
While some simple cases for relatively minor injuries can be handled without the help of an attorney, most require an experienced bike accident attorney in O'Fallon, IL to ensure the ideal outcome. A personal injury lawyer in O'Fallon, IL can offer help in a range of aspects:
Maximizing Compensation and Ensuring Fair Settlements
The purpose of making an injury claim is to get compensation. While insurance companies try to offer as little money as possible, bike accident attorneys can help you optimize your compensation by:
- Gathering evidence that proves the other party's liability
- Proving how all of your damages related to the accident are covered by the insurance policy
- Calculating the complete scope of your damages and all the compensation you are legally entitled to
- Finding additional insurance coverage if your damages surpass the policy limits
- Making sure the insurance company applies the law fairly and ethically
Negotiating With Insurance Companies to Protect Your Rights
Dealing with a discompassionate insurance adjuster can feel frustrating. It's their job to help me, isn't it? Yes, but they'll do whatever it takes they can to avoid assuming that responsibility.
Insurance companies often count on claimants knowing limited about laws pertaining to injuries and accidents to pay as little money as feasible. We'll ensure they understand their lawful duty to pay you for every single one of your damages.
Legal Expertise
Bicycle accident cases involve complicated legal processes, including collecting evidence, interviewing people who saw the accident, reviewing medical records, and negotiating with insurance adjusters. People who are unfamiliar with injury claims can make mistakes or miss critical steps. By hiring a lawyer specializing in bicycle accidents, your legal standing becomes a strength, not a disadvantage.
You did nothing wrong to deserve your injuries and you shouldn't have to deal with the consequences. Let us handle ensuring your compensation while you focus on healing.
Gathering Evidence to Strengthen Your Case
Some cases are more difficult to prove than others. For your bicycle accident case, you'll need an attorney to interview witnesses, review medical records, and connect your injuries to your accident, as well as interview witnesses who can validate your story. The greater complicated your case, the more proof is needed. Experienced bicycle accident attorneys like those at Halvorsen Klote Davis will know how to find the evidence needed to get maximum compensation.
Representing You in Court if Filing a Lawsuit is Necessary
Most bicycle accident cases settle out of court. However, if liability isn't clear, your damages are high, or other complications arise, the insurance company is going to fight against your rights. That's why you need seasoned injury attorneys in your corner to bring a legal action and take them to court if necessary.
As experienced O'Fallon, IL trial attorneys, Halvorsen Klote Davis can be by your side for the duration of your case, from our first case review through a jury verdict.
How Common Are Bicycle Accidents in the O'Fallon, IL Area?
In 2020, there were 983 bike accident fatalities in traffic crashes in the United States, according to the National Highway Traffic Safety Administration, the highest total since 1987. According to reporting from the National Safety Council, that same year there were 325,173 bicyclists injured in nonfatal accidents. Kids ages five to 14 are the most likely to sustain an injury, while adults aged 55 to 64 are at the highest risk for deaths.
In Missouri, in 406 total crashes, 351 people sustained nonfatal injuries and six people passed away, according to data from the Missouri Traffic Safety Compendium. In Illinois, there were 2,180 bicycle accidents, which resulted in 28 deaths and 1,995 injuries
Nationawide, highly populated areas with more vehicle traffic see most bike crashes. Almost a third of bike crashes happen between 6 p.m. and 6 a.m., when bikers are harder to see.
While bicycle accidents account for only one percent of trips, annually they account for more than twice that in traffice-related fatalities. The deviation points to the ruinous damage motorists can do when they don't look out for bikers, and how important safety measures like helmets and lighting are.
What Are the Most Common Causes of Bicycle Accidents in O'Fallon, IL?
Each accident is unique, but most bike crashes are caused by motorist negligence or unsafe road conditions. Below are the most common examples of what we see typically results in bike accidents:
- Drivers failing to see a bicyclist
- Drivers failing to yield the right of way
- Drivers failing to obey bike lane laws
- Drivers passing in an unsafe manner
- Opening a door without checking for bicyclists
- Reckless driving
- Driving under the influence of alcohol or drugs
- Improperly placed road signs
- Road hazards
- Inadequately cordoned-of construction sites
- Pedestrians being oblivious to bikers
- Faulty car or bike components
While most bike accidents happen at intersections, a National Transport Safety Board report found that accidents on the side of the road do more damage because the speeds are higher than at intersections because of stop signs, traffic lights or turning vehicles. Your O'Fallon, IL bike accident lawyer at Halvorsen Klote Davis will carry out a thorough investigation into your accident to who and/or what caused it and who is at fault for your injuries.
What Are Common Injuries from O'Fallon, IL Bicycle Accidents?
Because of the vulnerability of bicyclists relative to their enclosed vehicle counterparts, injuries suffered in bicycle accidents can be disastrous and even sometimes result in permanent consequences. We've helped secure the best possible financial recoveries for people with:
- Brain injuries
- Neck injuries
- Spinal cord injuries
- Whiplash injuries
- Broken bones
- Organ damage
- Nerve damage
- Joint injuries such as ligament tears
Because of the gravity of the bicycle accident injuries, you need talented and tenacious bicycle accident lawyers like those at Halvorsen Klote Davis to ensure that you are not taken advantage of by the insurance company. In the tragic case of the wrongful death of a loved one in the O'Fallon, IL area, we will get you a financial recovery to make sure your future is financially secure and to ease the pain, even if just a little.
Who Can I Sue for My Bicycle Accident Injuries in O'Fallon, IL?
Who you can seek compensation from depends on the the different aspects that led to your accident. Each accident is unique, and as such the liable party varies. In some cases there is more than one person or organization is to blame, and an accomplished bicycle accident lawyer will investigate your accident and assign a proportionate amount of fault to each of them. The most common liable parties in bicycle accidents include:
A Motorist
Car, truck and motorcycle drivers can often cause bicycle accidents by either not paying attention or driving hostilely toward them. But the road is for everyone, and if a car, truck or motorcycle driver injures a bicyclists the same liability in car accidents applies. For example, if someone injures you because they were texting and driving, they would be at fault for your injuries.
Both Illinois and Missouri have strict regulations for how drivers are supposed to interact with bicyclists, such as allowing at least three feet of space when passing. Under the legal philosophy of negligence per se, someone violates a state statute and injures someone else is liable as a matter of law. So if you wee injured because a driver passed too closely, your lawyer for bicycle accident only has to provide proof of your damages, and the insurance company will likely be more motivated to offer a fair recovery.
A Defective Bike or Motor Vehicle Parts
If your accident was the result of a defective product, such as carbon fork failure, an engineer, manufacturer and/or vendor may be liable in a product liability claim. Anybody involved in the chain of distribution must ensure that products are not unreasonably dangerous and issue recalls if a safety hazard arises. If they are negligent in that duty, you can seek compensation from them.
A Trucking or Other Commercial Company
If you are injured by a truck driver, rideshare driver or other commercial driver, you may be able to make a claim against both the driver and their employer. For example, if a trucking company hired an unqualified driver, they would be least partially liable for your injuries.
A Government Entity
Governmental agencies both locally and in the state or federal government are responsible for safely designing and maintaining our O'Fallon, IL roadways. If a hazard such as inadequate lighting played a part in your injuries, your O'Fallon, IL bicycle accident lawyer can investigate if a government agency was liable. A claim against the government is different in many ways than a standard personal injury claim, so it is important to reach out to an attorney as soon as possible in order to make your claim.
In Missouri, you can make a claim against the government if a driver of public transportation injures you. According to Missouri Revised Statute §537.600, government employees who cause an accident while operating a motor vehicle are not granted sovereign immunity like other public employees are in personal injury cases. Unfortunately, in Illinois, according to 745 ILCS 10/ you cannot sue a public employee unless you can prove that they deliberately harmed you.
What Are My O'Fallon, IL Bicycle Accident Injuries Worth?
There are a variety of factors that determine what, and how much, compensation you will receive for your bicycle accident injuries:
- How serious your injuries are — The worse your injuries, the more you'll have to pay in medical bills, which you will be compensated for. Months of physical therapy will lead to more money than a quick trip to the emergency room. Did your bicycle accident lead to a knee replacement? Those typically last 15-20 years, and your Halvorsen Klote Davis O'Fallon, IL bicycle accident lawyer will make sure you are not the one that has to pay for it when a new one is necessary.
- The physical, mental and emotional impact of your injuries — Personal injury settlements and verdicts are also intended to compensate you for the effects on your personal life, including pain and suffering and mental anguish. Is it painful just to get up and down the stairs? A seasoned and knowledgeable O'Fallon, IL bicycle accident lawyer at Halvorsen Klote Davis will secure you compensation for those damages as well.
- Your lost wages from time spent recovering — Any personal injury settlement will also include the paychecks you were not able to earn, even if you had sick leave. If you couldn't earn a living because you were on bed rest for six weeks, you will be reimbursed for that.
- If your injuries result in lost earning capacity — If you were a warehouse worker who suffered a permanent injury in a bicycle accident in O'Fallon, IL and a doctor orders you not to lift over 30 pounds, you need to know your future is secure after you've reached maximum medical improvement. Your compensation will need to be high enough to make sure your future is comfortable.
- The amount of insurance coverage available — The defendant's insurance policy may have an impact on your settlement amount. A standard car insurance policy may have a $50,000 limit on bodily injury, while trucking companies usually have much more. A knowledgeable lawyer for bicycle accidents can help you make an underinsured motorist claim with your own insurance company if your damages exceed the policy limits.
- Whether you are partially at fault for your bicycle accident — Both Missouri and Illinois practice the legal doctrine of comparative fault, meaning that you can still be reimbursed for your damages if you bear some responsibility for the accident, but it will be proportionately less based on how how much of your fault it was. Meaning, if it is determined that your medical bills, lost wages and pain and suffering come to $100,000 but you were 30 percent at fault, you would receive $70,000. Missouri is a "pure" comparative fault state, meaning you can receive compensation even if you are 99 percent responsible. Illinois is considered a "modified" comparative fault state, meaning you would be barred from recovery if you are more than 50 percent to blame.
At Halvorsen Klote Davis, our O'Fallon, IL bicycle accident lawyers know how to precisely value claims and get you all of the compensation you deserve. We know that powerful corporations and insurance companies treat people unfairly. We do what we do every day because we believe that everyone has should have access to the same high standard of legal advocacy as wealthy organizations.
What to Do if You're Injured in a Bicycle Accident in O'Fallon, IL
Getting in a bicycle accident can be scary and confusing, but there are several things you should do to help you recover physically and enhance your compensation.
Stay Calm, Stay Safe and Get Medical Treatment
If you're able to, move to the side of the road to get away from oncoming traffic. Leave your bike, as trying to move it could make your injuries worse. If your injuries don't allow you to move safely, hold out for emergency medical personnel to get to the scene.
If you don't need to go to the hospital in an ambulance, visit the emergency room or urgent care after authorities tell you you can leave the scene. If you didn't go the same day, schedule a visit to your primary care physician as soon as possible. If you don't have records from a physician of your injuries, you won't be able to make a valid injury claim.
Call and Wait for the Police
You need to have the police make a report, as it will go a long way in proving the other party's liability. Police are trained to allocate fault in an accident. When speaking to police, don't confess fault or over-embellish what happened. Be honest, but don't say anything beyond the facts of the accident and your injuries, and don't provide any information they don't explicitly ask for.
Gather Evidence and Witness Contact Information
While waiting for the authorities to arrive, gather as much evidence as possible. Take photos of the accident location, any damage to your bicycle and the other vehicle, and your injuries. If there are witnesses present, ask for their contact information so your city, state bicycle accident lawyer can get in touch with them later.
Don't Settle Too Quickly
The insurance companies' first offer will almost always be an unfairly low offer. They want you to settle before you become aware of the full extent of your injuries or hire an attorney. They may tell you no more money is available, but that's almost never true. Many injury attorneys offer free consultations, so it's always recommended to at least speak to a lawyer about your case before accepting a settlement.
Click on the links below to see some of the other cases we take on in O'Fallon, IL:
- Fatal Car Accident Lawyer
- Auto Accident Attorney
- Bike Wreck Lawyer
- What to Do After a Car Accident
- Premises Liability Attorneys
- Automobile Injury Attorney
- Motorcycle Accidents Attorney
- Pedestrian Accident Lawyer
- Injury Claim Lawyer
Lawyer for Bicycle Accident in O'Fallon, IL | Halvorsen Klote Davis
You did not ask to be put in this situation, and you do not have to go through this alone. Our O'Fallon, IL lawyer for bicycle accident team has pledged their abilities to fighting for people who have been treated unfairly, and ensuring that they recover the full compensation they are owed. We charge no fees we reach a successful conclusion to your case. Call a bicycle accident lawyer in O'Fallon, IL today at 866-382-4167 or contact us online for a free case review.
Joel Halvorsen
Attorney at Law
Joel Halvorsen and his partner Greg Klote founded the Halvorsen Klote Davis law firm on the principle that injured people and their families should have access to the same quality legal representation as large insurance companies.
Greg Klote
Attorney at Law
Greg Klote is a partner and founder of Halvorsen Klote Davis.
Greg has successfully fought for people who were injured through no fault of their own. He became a lawyer to help make a difference in the lives of those who have been wronged and treated unfairly.