Proving Wrongful Death in a Fatal Bicycle Accident

 Posted on June 21, 2023 in Bicycle Accidents

Bicycle accidents are more common than many people realize, and some of these accidents can have fatal consequences. A bicyclist may be struck by a vehicle, or riders may lose their life trying to ride over poorly maintained roads and bicycle paths. If the accident resulted in death, the victim's family may file a wrongful death claim against the alleged offenders. 

Who Is Liable In a Fatal Bicycle Accident In Illinois?

After a fatal bicycle accident, a full investigation can be opened to identify the at-fault party or parties. Representatives of the deceased bicyclist's estate or an immediate relative must prove that someone other than the bicyclist was at fault for the accident and their death. Specifically, a person will need to demonstrate that the other party was negligent by proving the following:

• They owed a duty of care to the bicyclist - Under Illinois law, all motorists have the duty to ensure that other people, including those on bikes, are protected from harm. That is, they must take the proper measures to always drive in a safe and responsible manner.

• They breached that duty of care - The driver may have breached their duty of care by failing to act like a reasonable driver would act in a similar situation. This may include texting while driving or ignoring a stop sign. 

• The breached duty of care caused the accident - A person will need to demonstrate that the driver’s unsafe practices were the direct cause of the person’s death. That is, it will be necessary to show that the bicyclist most likely would not have lost their life if the driver had not violated their duty of care.

Filing a Wrongful Death Claim 

Under the Illinois Wrongful Death Act, certain parties can take legal action to pursue compensation for the damages they have experienced due to a death that occurred because of negligence or a wrongful act. The person or parties that allegedly caused the accident may be held liable for the losses suffered by the deceased person’s surviving family members. People who can pursue a wrongful death claim include:

• The deceased person’s spouse 

• A parent of a minor child who died in a bicycle accident

• An adult child of the deceased bicyclist

A person who serves as the personal representative of the deceased person’s estate may also pursue a wrongful death claim on behalf of the person’s loved ones. The damages that can be recovered through a wrongful death lawsuit will benefit the deceased person’s survivors, and they may address medical expenses or other costs related to the death, the loss of the person’s income, loss of companionship, emotional trauma, and funeral and burial expenses.

Contact a Lake County Fatal Bike Accident Attorney

People across Illinois enjoy riding their bikes for exercise, for fun, and even to commute to work each day, but even if they follow all precautions, they can be seriously hurt or killed by negligent drivers. In cases involving fatal bicycle accidents, a person's surviving family members may pursue a wrongful death claim against the negligent parties. A Waukegan wrongful death attorney from Salvi & Maher, LLP can help family members understand their options, and we can provide effective representation to ensure that the negligent parties will be held responsible. Call 847-662-3303 to book a free consultation today. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2059&ChapterID=57