When two cars become involved in a collision, the process in terms of insurance claims tends to be quite straightforward. This is because each driver is legally required to carry car insurance that will take care of damages in the event of a crash. However, if you are a cyclist and become involved in an accident involving a motor vehicle, the issue can be a little more complex.
However, while insurance issues may be complex, the law still requires both automobile drivers and cyclists to obey the rules of the road. In this way, it is still possible for a cyclist to be considered at fault for an accident, even when they become seriously injured as a result.
Can I recover damages as an injured cyclist?
Being able to make a claim for damages as a cyclist can depend heavily on whether you are deemed to be negligent in the accident. If investigations find that you as the cyclist caused the accident in full, you may even be liable for the injuries of the other parties involved.
However, if the automobile driver was at fault for the accident, he or she will be liable for the damages caused. In some cases, comparative negligence can be applied, and this can lead to both parties being at fault to some degree. Fault is usually assigned in percentage terms, and the damages owed should be in proportion to those percentages.
If you have been injured as a cyclist in the state of Illinois, it is important that you find out whether you are entitled to damages.