Skip to main content
There is no reliable “average” bicycle accident settlement in Illinois. The value of a bicycle injury claim depends primarily on a wide variety of things, including the severity and permanence of the injuries, medical treatment received, lost income, pain and suffering, strength of the liability evidence, comparative fault and the amount of available insurance coverage. A fractured collarbone requiring surgery, for example, will ordinarily be evaluated differently from a fracture that heals without surgery. The value of a claim for an extremely serious injury with clear defendant liability can be limited by the value of the defendant’s insurance policy and personal assets.
How do injuries affect bicycle accident settlement value?
The nature and severity of a cyclist’s injuries are typically the most important factors in determining the value of a bicycle accident claim. An injury that requires extensive medical treatment, causes significant pain, interferes with work or daily activities, or results in permanent impairment will almost always result in a larger damages claim than an injury that heals quickly with limited treatment.
Bicycle accidents can cause significant injuries because cyclists have little protection when struck by a motor vehicle. Fractures of the collarbone, wrist, arm, leg, pelvis and ribs are common examples of injuries in our cases that can require substantial treatment. More serious crashes may result in traumatic brain injuries, spinal injuries, facial fractures, internal injuries or permanent scarring. Chicago Bike Law Firm has handled all of these types of injuries for cyclists in Illinois.
The diagnosis alone, however, does not determine what a case is worth. Two cyclists with the same type of fracture can have very different claims. One person may heal after several weeks of conservative treatment, while another may require surgery, physical therapy and months away from work, and may never fully recover, whereas another client might get lucky and heal fast, which reduces the overall value of the case.
When evaluating a bicycle injury claim, we look at factors such as the type of injury, medical treatment, length of recovery, whether surgery was necessary, time missed from work, physical limitations, scarring or disfigurement, and whether the injury is expected to cause permanent symptoms or restrictions or has caused significant interruption to a client’s daily life for a long period of time.
The strength of the liability case and the amount of available insurance coverage are also important. A serious injury does not automatically result in a large recovery if there is a significant dispute over who caused the crash or insufficient insurance coverage.
Does surgery increase the value of a bicycle accident case?
Surgery will often increase the value of a bicycle accident claim because it is evidence of a more significant injury and involves greater medical expenses, pain, recovery time and disruption to the injured person’s life. However, there is no automatic dollar amount added to a settlement simply because surgery occurred, other than the total cost of the client’s surgery bill.
For example, a cyclist who suffers a fractured collarbone that heals without surgery may have a very different experience from someone whose fracture requires open reduction and internal fixation with plates and screws. The surgical patient may experience hospitalization, postoperative pain, physical therapy, surgical scarring and a longer period during which normal activities are restricted. Not to mention the additional costs associated with all of this treatment.
The type of surgery also matters. An outpatient procedure followed by a complete recovery is different from multiple operations or a procedure that leaves permanent limitations. Future treatment can also affect case value. If physicians anticipate another operation—for example, removal of orthopedic hardware—that may become part of the damages analysis.
Ultimately, the important question is not simply whether surgery occurred, but what the injury and surgery actually meant to the person’s life. We consider the procedure itself, recovery period, pain, medical expenses, lost income, scarring, rehabilitation and any permanent impairment when evaluating the claim.
How are pain and suffering calculated?
There is no fixed formula for calculating pain and suffering in an Illinois bicycle accident case, as it is ultimately a question for a jury. Unlike medical bills or lost wages, pain and suffering does not come with an invoice. Its value depends on the particular injury and the effect that injury has had—and may continue to have—on the injured person’s life. As lawyers for injured cyclists, we attempt to estimate what kind of value a typical jury would place on the specific pain and suffering endured by each client.
Evidence of pain and suffering can include the severity and duration of physical pain, invasive medical treatment, surgery, rehabilitation, sleep disruption and limitations on ordinary activities. For a cyclist, that may include being unable to ride a bicycle, exercise, care for children, perform household activities or participate in hobbies that were important before the accident.
The duration of the injury is particularly important. Several weeks of significant pain is different from chronic pain expected to continue for years. Permanent disability, disfigurement and loss of normal life can also represent significant components of the damages arising from a serious bicycle collision.
Insurance companies sometimes attempt to evaluate these damages using internal claims practices or formulas, but those calculations do not determine what an injured cyclist is legally entitled to recover. The appropriate value depends upon the evidence and the individual circumstances of the case.
What if I missed work?
If injuries from a bicycle accident prevent you from working, lost income may be recoverable as part of your damages. This can include wages lost while you were completely unable to work as well as income lost because you could work only reduced hours or perform limited duties during your recovery.
Documentation is important. Pay stubs, tax returns, employer verification and medical records showing work restrictions can help establish the amount of income lost because of the accident.
The issue can be more complicated for someone who is self-employed, works on commission, earns overtime, receives bonuses or has income that varies from month to month. In those cases, prior earnings records and other financial documentation may be used to demonstrate what the person probably would have earned but for the injury.
A particularly serious injury can also affect a person’s ability to earn money in the future. If permanent physical limitations prevent someone from returning to the same occupation or reduce future earning capacity, those future economic losses may become part of the claim as well.
What if I was partly responsible for the accident?
Being partially responsible for a bicycle accident does not necessarily prevent you from recovering compensation in Illinois. Illinois follows a what is referred to as a modified comparative negligence rule. If the injured person is 50% or less at fault, damages can still be recovered but are reduced by the percentage of fault attributed to that person. If the injured person is more than 50% at fault, recovery is barred.
For example, if a cyclist suffers $100,000 in damages but is found 20% responsible for the collision, the recoverable damages would be reduced by 20%, to $80,000.
Comparative negligence is frequently disputed in bicycle cases. A driver or insurance company may claim that the cyclist was traveling too fast, failed to keep a proper lookout, violated a traffic signal, was riding in an improper location or could have avoided the collision.
An allegation that a cyclist did something wrong does not automatically establish comparative fault. The relevant questions include whether the cyclist was actually negligent and whether that conduct was a proximate cause of the accident or injuries.
For that reason, photographs, video, witness statements, vehicle damage, bicycle damage, crash reports and other evidence concerning how the collision occurred can be particularly important when comparative negligence is disputed.
What if the driver has only $25,000 in insurance?
A driver’s liability insurance limit can place a practical limit on how much can be collected from that insurance policy, even when the cyclist’s injuries are worth substantially more. But the at-fault driver’s policy is not necessarily the only potential source of recovery.
One of the first things we investigate in a serious bicycle accident is whether additional insurance coverage exists. Depending on the circumstances, that could include insurance covering another responsible party or underinsured motorist coverage available to the injured cyclist as part of their own auto insurance policies.
Underinsured motorist coverage is particularly important when the at-fault driver’s liability limits are insufficient to compensate the injured person. Illinois law defines an underinsured motor vehicle by comparing applicable bodily-injury liability limits with the injured insured’s underinsured-motorist limits, subject to the applicable policy and statutory rules. If a defendant only has $25,000 in coverage, but the cyclist has a $100,000.00 underinsured motorist policy, the injured cyclists will be able to collect up to $75k from their own insurance carrier after obtaining the $25,000.00 from the defendant.
For serious bicycle injuries, identifying all potentially applicable insurance policies can therefore be just as important as establishing the driver’s fault.
Can my own auto insurance cover a bicycle accident?
Your automobile insurance may provide uninsured or underinsured motorist coverage for injuries you suffer when a motor vehicle hits you while you are riding a bicycle. The fact that you were not driving your insured car when the accident occurred does not mean that your auto policy is irrelevant, and most Illinois vehicle insurance policies will cover you when you are riding a bike and struck by an uninsured or underinsured motorist, or are a victim of a hit and run in which the identity of the defendant is unknown.
This can become extremely important when the driver who caused the bicycle accident has no insurance, has insufficient insurance, or leaves the scene and cannot be identified. Illinois automobile policies are generally required to provide uninsured-motorist protection for insured persons who are legally entitled to recover damages from uninsured or hit-and-run motorists, subject to the terms of the policy and Illinois law.
Coverage questions can become complicated because the answer depends on the particular policy, who qualifies as an insured, available policy limits and the circumstances of the crash. In some cases, policies issued to other members of the cyclist’s household may also need to be investigated.
For that reason, we recommend hiring Chicago Bike Law Firm so that our attorneys can examine all potentially applicable automobile policies after a serious bicycle accident rather than just assuming there is no additional coverage simply because the injured client was riding a bicycle.
How long does a bicycle accident settlement take?
There is no standard amount of time required to settle an Illinois bicycle accident case. A relatively straightforward claim involving clear liability and an injury that has fully healed may sometimes be resolved within months, while a serious or disputed case can take substantially longer, especially if a formal lawsuit needs to be filed.
One reason is that the full extent of the client’s injury must be known before attempting to determine the value of the claim. If a cyclist is still receiving medical care, may require surgery or has an uncertain long-term prognosis, resolving the case too early can make it difficult to account for future medical treatment or permanent limitations.
Liability disputes can also extend the process. When the driver and cyclist give different accounts of the crash, additional investigation may be necessary, including obtaining surveillance footage, interviewing witnesses, reviewing crash reports, inspecting the bicycle or vehicle, or consulting appropriate experts. This can also required filing a lawsuit, which adds additional time to the process.
The short answer is anywhere from a couple months to several years.