If you’ve recently been hit by a car while riding your bicycle, you’re likely overwhelmed, physically hurt, confused about your rights, and unsure about what to do next. Unfortunately, bicycle accidents involving cars are far too common in Illinois, especially in dense urban areas like Chicago. As a cyclist, you have rights, but asserting them, especially against a driver’s insurance company, can be a frustrating and uphill battle.
This post is for bicyclists involved in accidents with cars. We’ll address common concerns, explain what makes these cases complex, and walk you through how a qualified attorney can help you defeat typical insurance defenses.
Common Concerns After a Bicycle Accident
- Who pays for my medical bills?
- What if the driver blames me?
- Do I need to file a police report?
- Should I talk to the driver’s insurance company?
- Can I get my bike replaced?
Here’s How to Handle Those Issues
Medical Bills
If the driver was at fault, their auto insurance may be liable for your medical expenses, pain and suffering, and lost wages. But don’t expect their insurer to offer a fair settlement right away. Without legal representation, it’s easy to get underpaid or denied outright.
Police Report
Always make sure a police report is filed. This documentation is critical in establishing fault and supporting your claim. If you are physically able, try to collect witness information and photos from the scene.
Do Not Talk to Insurance Adjusters Alone
One of the most common and costly mistakes cyclists make is speaking to the driver’s insurance company without a lawyer. Their job is to minimize your claim, not help you.
Typical Insurance Defenses in Bicycle Accident Claims
- “The cyclist came out of nowhere.” – An attorney can use traffic cams, witness statements, and even forensic bike impact data to disprove this.
- “The cyclist wasn’t in the bike lane.” – Even if true, Illinois law does not require bike lane usage, and drivers still have a duty to yield.
- “The cyclist wasn’t wearing a helmet.” – Helmet use is not legally required in Illinois and cannot be used to deny liability.
Why Talking to a Lawyer Helps
Bicycle accident cases can be complex, especially when it comes to proving fault. Insurance companies often try to assign “comparative fault” to cyclists to reduce payouts. An attorney experienced in Illinois bicycle accident cases will know how to gather evidence, reconstruct the scene, and fight back against biased adjusters.
At Fabbrini Law Group, we’ve handled numerous bicycle accident claims. We know how to push back when insurance companies try to blame the cyclist or delay a fair settlement.
If you were hit by a car while on your bicycle, don’t wait. These cases have strict time limits, and evidence disappears quickly. Contact a knowledgeable bicycle accident attorney right away to protect your rights.