Illinois bicycle crash attorneys at Abels & Annes have negotiated a settlement on behalf of a cyclist and tri-athlete injured in a crash caused by a negligent motorist. The case settled for the insurance policy limits of the at fault driver, as well as additional compensation from her own under-insured motorist policy.
The accident took place on July 24, 2009, as the victim was traveling eastbound in a marked bicycle lane through the intersection of Chicago Avenue and Sangamon Street in Chicago, Illinois. A woman traveling westbound in a 2005 Nissan Ultima failed to properly yield to the cyclist, who had the right of way, causing her left hand and right knee to strike the car on impact. The victim’s momentum then took her up and over the hood before landing on her back, right shoulder, right head/helmet, and left hand. Following the collision, the victim had an immediate onset of right knee and left hand pain, swelling and bruising, head pain, and multiple lacerations and abrasion. She was then transported to Advocate Illinois Masonic Medical Center by ambulance.
At the hospital, x-rays and CT scans were administered which came up negative for any fractures or brain/spine damage. After a night in the hospital, she was provided a pair of crutches, a prescription for pain medication, and instructions to follow-up with a doctor before being discharged.
Due to ongoing right knee pain, the woman went to see a doctor on August 14, 2009, who ordered an MRI scan for a possible meniscal tear. She also complained of low back pain that was radiating down into her right knee and lower leg. These injuries made it difficult for her to turn with a fixed foot, squat, or lie in bed at night, which was especially difficult for her as a tri-athlete. She described the pain in her left hand as constant. The August 19 MRI was luckily negative for serious injury. She was told to begin physical therapy and slowly increase her level of activity.
Over the next few months, the victim attended 21 physical therapy sessions between two locations and was still suffering from pain in her right knee and lower back. The pain was still persisting as of her latest evaluation on May 26, 2010, ten months after the accident, and still limiting her ability to compete in triathlons.
Our firm was able to settle with the at-fault driver for her entire policy limit of $25,000. In addition, the lawyers showed that the $25,000 was inadequate to fully compensate the victim for her injuries, and secured another $15,000 payment in under-insured motorist benefits from her own policy. The settlement allowed the victim to avoid litigation, and the court costs and stress that can come along with it.
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