St. Louis Injury Lawyer Blog

When a bicycle sold and assembled by the Wal-Mart in Cahokia, Illinois broke suddenly on a 13-year-old boy, the store found themselves defendants in a bicycle accident lawsuit filed by the boy's mother.

According to a report in the St. Clair Record, the bike fell apart on its very first ride, causing injuries to the teenage boy. The handle bars became detached, and the minor lost control, flipped over the bike and hit the ground. This, the suit alleges, was caused by faulty installation of the parts involved in steering the bicycle, paired with insufficient brakes.

The boy's shoulder hit the curb, which injured him severely and permanently. The lawsuit, filed in St. Clair County Circuit Court, seeks in excess of $50,000 in damages stemming from medical bills for the injuries to his shoulder, as well as his collar bone, head, neck and back.

The National Highway Traffic Safety Administration reminds cyclists that bikes can be an excellent method of transportation, but they should be treated as vehicles rather than toys -- even for children. In addition to wearing a bicycle helmet, checking your equipment to make sure everything is in fine working condition can prevent injury-causing accidents.

Continue reading "Cahokia, Illinois Wal-Mart's Improper Bicycle Assembly Causes Injury" »

A man riding a bicycle in Belleville, Illinois has filed a bicycle accident lawsuit after being struck by a car.

The lawsuit claims that the bike rider was injured as the car driver pulled out of his driveway. According to a report in the St. Clair County Record, the collision caused serious injuries.

The plaintiff is seeking damages due to the driver's failure to watch carefully for passing pedestrians or bike riders. The lawsuit has been filed in St. Clair County Circuit Court.

According to figures cited by the Illinois Department of Public Health, more than 4 million people in Illinois use bicycles. Unfortunately, more than 4,000 bicyclists are injured each year in the state.

Here are some more national bicycle statistics from NHTSA Traffic Safety Facts 2005 and bicycleuniverse.info:

• The most common bike-car collision is a driver failing to yield at a stop sign.
• 784 cyclists died in 2005; 725 cyclists died in 2004; 629 cyclists died in 2003.
• More than 80% of fatalities for child bicyclists age 14 and under were caused by unsafe riding.
• Approximately 40% of deaths on bicycles nationwide occur at night.
• Falls account for 59% of crashes, running into a fixed object 14%, impact with moving motor vehicles 11%, impact with another bicycle 9%.
• 1 in every 20 bicyclists is injured annually.

Continue reading "Belleville, Illinois Man Sues For Bicycle Accident" »

A cyclist successfully brought a civil suit for brain damages caused by a hole in Route 111 in Wood River, Illinois. She was riding her bike next to the road when witnesses testified that it appeared she struck a hole and flipped over the handlebars. She was unconscious at the scene and bleeding from the ears. The injuries have prevented the woman from living a normal life.

The roadway and adjacent gutter and concrete had several defects that would not accomodate bicycle riders even though bicyclists are intended users of roadways. Illinois law provides the same protections to cyclists as it does to vehicles. Illinois statute 625 ILCS 5/11-1502 provides as follows: Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle. The Illinois Department of Transportation has an excellent website detailing applicable laws and safety precautions.

The woman was not wearing a helmet although it was unclear whether or not a helmet would have made a difference in these circumstances. Despite the fact that she was not wearing a helmet and had no memory of the event (because of the severe brain injury), a successful suit was brought. Illinois law does not require cyclists (or motorcyclists) to wear helmets and if the matter had gone to trial, a jury could not hold that against her.

Of other significance, suits against municipalities such as cities, are difficult and complex. Through the years, the state legislature has passed numerous laws making it difficult for injured persons to hold municipalities (cities, parks, schools...) accountable for their negligence. In Illinois, one difficulty is the fact that suit must be brought within one year of the injury (this is called the statute of limitations) as compared to suits against private businesses and individual homeowners where the requirement is two years.

The laws contain numerous immunities for a city preventing any recovery. For example, if the cyclist was riding in an area which was not intended for cyclists or not the purpose of the roadway, the city could be dismissed from the lawsuit.

In this case, the evidence and use of expert testimony was used to show that the immunities did not apply.

Continue reading "Wood River, Illinois Sued by Bicyclist For Defective Street" »