Chicago Bicycle Accident Lawyer
Bicyclists are especially vulnerable to the impact of an accident due to the lack of protection provided by the vehicle. The size discrepancy between bicycles and passenger vehicles amplifies injuries in the event of a bike-car crash. At Ankin Law, our Chicago bicycle accident lawyers have what it takes to ensure your costs are covered after a crash. From medical bills to time lost at work, we can help you recover full compensation for the consequences of a crash that wasn’t your fault.
When Ankin Law handles your case, you’ll benefit from:
- FREE case evaluation
- Over 100 years of combined experience
- Around-the-clock access to your legal team
Contact our Chicago bicycle accident lawyers at (312) 600-0000 to recover compensation.
Table of Contents
How Our Bicycle Accident Lawyers Can Help You Recover
Our experienced lawyers are dedicated to helping victims navigate filing a claim. We will gather evidence to show how your accident happened and who caused it. Our team will negotiate with insurance companies on your behalf to ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering. If your case goes to trial, we’ll fight for your rights in court. With our support, you can focus on recovering while we maximize your compensation.
Did a negligent driver cause your bike crash? Call Ankin Law to recover compensation. (312) 600-0000
Illinois Laws Protecting Cyclists
Illinois has implemented several laws to protect cyclists while sharing the road with motor vehicles. These laws are designed to promote responsible cycling and driving, reduce accidents, and provide clear guidance for both cyclists and motorists.
Bicycle Rights On the Road
Under Illinois law, bicycles are considered vehicles, and cyclists have the same rights and responsibilities as drivers of motorized passenger vehicles. Cyclists have the right to use the roadway, and motorists must respect their right to share the space. Cyclists in Illinois must obey all traffic signs, signals, and rules of the road. This includes stopping at red lights and stop signs, yielding the right-of-way when required, and signaling turns and stops.
Safe Passing Laws
Illinois has a “three-foot rule” requiring motorists to maintain at least three feet of distance when overtaking and passing a cyclist. This safety margin helps reduce the risk of accidents caused by vehicles passing too closely. Drivers must also take care to avoid returning to their lane prematurely after passing a cyclist.
Riding On Sidewalks Vs. Bike Lane Usage
In Illinois, the legality of riding bicycles on sidewalks is determined by local ordinances. In many municipalities, cyclists may ride on sidewalks unless otherwise prohibited, but they are required to yield the right-of-way to pedestrians. Cyclists are encouraged to use bike lanes where available, but they are not legally required to do so. When riding in a bike lane, cyclists must still follow all applicable traffic laws. Motorists are prohibited from driving or parking in bike lanes, ensuring a safe and unobstructed path for cyclists.
Helmet and Equipment Laws
Although Illinois does not mandate helmet use for cyclists, wearing a helmet is strongly recommended for safety. The law does require bicycles to be equipped with a front white light and a rear red reflector or light when riding at night.
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Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
Determining Liability in Bicycle Accidents
Determining liability in bicycle accidents involves identifying the party responsible for causing the accident. Establishing fault is critical for pursuing compensation for medical expenses, lost wages, and other damages.
Establishing Negligence
Establishing liability often hinges on proving negligence, which requires demonstrating four elements:
- Duty of Care: The at-fault party owed a duty of care to the cyclist. For instance, drivers have a duty to operate their vehicles safely and adhere to traffic laws.
- Breach of Duty: The party failed to meet their duty of care, such as by speeding, running a red light, or failing to yield to a cyclist.
- Causation: The breach of duty directly caused the accident. This involves showing a clear connection between the negligent act and the collision.
- Damages: The cyclist suffered measurable harm, such as injuries or property damage, due to the accident.
Common At-Fault Parties
Liability in bicycle accidents can rest with various parties, depending on the circumstances. Drivers are frequently at fault for accidents caused by unsafe behaviors, such as distracted driving, failing to yield, or not observing the three-foot passing rule. Cyclists may share or bear full liability if they violate traffic laws, such as running stop signs or riding against traffic. Pedestrians can be at fault if they enter a cyclist’s path without warning, causing a collision.
In some jurisdictions, poor road conditions, such as potholes or inadequate signage, can place liability on local governments responsible for maintaining safe infrastructure, although this is not the case in Chicago. Additionally, defective bikes or components, such as faulty brakes, can make manufacturers or retailers liable.
What Evidence Do You Need to Prove Liability?
There are a variety of pieces of evidence bicycle accident lawyers can leverage to prove fault. Common examples of evidence your attorney may use include police reports, witness statements, traffic camera footage, photos of the accident scene or injuries, and medical records.
Comparative Negligence May Impact Liability in Illinois
Illinois follows a modified comparative negligence rule. Cyclists can recover compensation if they are less than 51% at fault for the accident, but their recovery will be reduced by their percentage of fault. For example, if a cyclist is found 20% at fault, they can still recover 80% of their damages.
What Causes Bicycle-Car Accidents?
Bicycle-car accidents occur for a variety of reasons, often stemming from human error, environmental factors, or mechanical issues. Understanding the underlying causes can help with assessing liability when they occur.
Driver Negligence
Many bicycle-car accidents result from negligence on the part of motorists. Distracted driving is a contributor, with drivers often focusing on their phones, adjusting their radios, or engaging in other activities that divert attention from the road. Another common issue is failure to yield, particularly at intersections or when merging lanes, where drivers may not adequately watch for cyclists. Speeding is also a factor, as high speeds reduce reaction times and increase the severity of collisions. Unsafe passing, such as failing to maintain a safe three-foot distance from cyclists, also leads to accidents.
Cyclist Negligence
Cyclists can contribute to accidents by not adhering to traffic laws. Running red lights or stop signs is a common cause, particularly at busy intersections. Riding against the flow of traffic is another dangerous behavior, as it is often unexpected by drivers. Additionally, inadequate signaling of turns or stops leaves drivers unable to predict a cyclist’s movements, increasing the likelihood of a collision.
Poor Road Conditions
The state of the road can play a role in bicycle-car accidents. Potholes or uneven pavement can cause cyclists to swerve into traffic to avoid these hazards. A lack of designated bike lanes can force cyclists to share narrow roadways with vehicles, increasing the risk of close encounters. Poor lighting and obstructed views, particularly at night or in areas with overgrown vegetation, also contribute to accidents by making cyclists less visible to motorists.
Environmental Factors
Weather conditions can create challenges for both cyclists and drivers. Rain or snow can make roads slippery and reduce traction, while fog or sun glare can obscure visibility. These factors make it harder for both parties to anticipate and avoid collisions.
Mechanical Failures
Faulty equipment is another cause of accidents. For cyclists, issues such as defective brakes or poorly maintained gear can lead to loss of control. Similarly, a malfunctioning car, such as broken turn signals or brake lights, can prevent drivers from communicating their intentions effectively, increasing the risk of accidents.
Common Types of Bicycle Accidents
Understanding the most common types of bicycle accidents can help identify liability and protect your rights if you’ve been injured. Below are some frequent scenarios where bicycle accidents occur.
Right Hook Accidents
A right hook accident happens when a vehicle turns right across the path of a cyclist riding on the same side of the road. These types of accidents typically happen when drivers fail to check their blind spots or misjudge the cyclist’s speed, leading to a collision.
Left Hook Collisions
In this scenario, a vehicle makes a left turn at an intersection and crashes into an oncoming cyclist. These accidents often occur when drivers are not paying attention, or they underestimate the rider’s distance.
Dooring Incidents
Dooring occurs when a driver or passenger opens a car door into a cyclist’s path. This sudden obstruction can lead to severe injuries, especially if the cyclist cannot avoid the door in time to prevent a collision.
Rear-End Collisions
Drivers following too closely or not paying attention to the road can rear-end a cyclist. These accidents are particularly common in low-visibility conditions or when motorists are distracted.
Sideswipe Accidents
Sideswipes happen when a vehicle passes too closely to a cyclist, grazing them or forcing them off the road. Narrow lanes and drivers who fail to maintain a safe distance often contribute to these crashes.
Intersection Accidents
Intersections are high-risk areas for cyclists. Accidents often occur due to a lack of visibility, failure to yield, or miscommunication between drivers and cyclists.
Collisions With Road Hazards
Potholes, debris, and poorly maintained roads can cause bicycle riders to lose control and crash. While these accidents may not directly involve another vehicle, liability may lie with a city or property owner responsible for road maintenance.
What Compensation Can You Recover in a Bicycle Accident Case?
In Illinois, victims of bicycle accidents caused by another party’s negligence may be entitled to compensation to cover the financial, physical, and emotional impacts of their injuries. This compensation is typically divided into economic and non-economic damages, depending on the nature of the losses.
Economic Damages:
Economic damages are quantifiable financial losses directly resulting from the accident. These include:
- Medical Expenses: Victims can recover the cost of emergency care, hospital stays, surgeries, physical therapy, and ongoing medical treatments related to the injuries sustained in the accident. Future medical expenses for long-term rehabilitation or care may also be included.
- Lost Wages: If the injuries prevent the victim from working, they may seek compensation for lost income. This can include wages missed during recovery and any diminished earning capacity if the injuries permanently affect the ability to work.
- Property Damage: Cyclists can recover the costs of repairing or replacing a damaged bicycle, helmet, and other personal items destroyed in the accident.
Non-Economic Damages:
Non-economic damages compensate for the more subjective, non-monetary losses suffered by the victim, such as:
- Pain and Suffering: Victims can recover compensation for physical pain, discomfort, and the emotional distress caused by the accident and resulting injuries.
- Loss of Enjoyment of Life: If the injuries limit the victim’s ability to engage in activities they previously enjoyed, this loss can be factored into compensation.
- Disfigurement or Disability: Permanent scarring, disfigurement, or a lasting disability resulting from the accident may also lead to additional compensation.
Punitive Damages:
In rare cases where the at-fault party’s behavior was particularly reckless or intentional, Illinois courts may award punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.
Frequently Asked Questions About Bicycle Accident Claims
How Long Do I Have to File a Bicycle Accident Claim?
In Illinois, you typically have two years from the date of a bicycle accident to file a personal injury claim. This is known as the statute of limitations. For property damage, the timeframe is five years. If a government entity is involved, such as in cases of hazardous road conditions, the deadline may be shorter. Failing to file within these time limits can result in losing the right to pursue compensation.
Do I Need a Lawyer for My Bicycle Accident Case?
An experienced attorney can navigate complex legal processes, gather crucial evidence, and negotiate with insurance companies to maximize your compensation. They can also ensure your rights are protected, particularly if the at-fault party disputes liability or offers a low settlement. Without legal representation, you may miss important deadlines or undervalue your claim, leaving compensation on the table.
What Happens If Someone Hits You On a Bike?
If someone hits you while you’re on a bike, the first priority is to seek medical attention, even if injuries seem minor. Call the police to report the accident and document the scene. Exchange contact and insurance information with the driver, and gather any witness statements or photos. You may be entitled to compensation for medical bills, lost wages, and pain and suffering. Consulting with a lawyer can help protect your rights and ensure proper compensation.
What Our Clients Say About Us
Beyond the best company I could have contacted post accident last winter. Minimum contact required after filling the case and the company handled all issues on their end and called me when my settlement was ready! Even called back a day later saying they were able to secure extra funds for my settlement! Will 10/10 use again. Friendly office staff and environment; very responsive
