A collision between a bicycle and a motor vehicle can cause serious injuries even when the vehicle is traveling at a relatively modest speed. A bicyclist has little protection from the initial impact or from striking the pavement, another vehicle, or a roadside object afterward.
At Robert Edens Law Office, we represent injured bicyclists throughout Lake County, McHenry County, Cook County, and surrounding Northern Illinois communities.
We investigate how the collision occurred, whether the driver violated Illinois traffic or bicycle-safety laws, whether more than one party may be responsible, which insurance policies may apply, and how the injuries affect the rider’s health, employment, and daily life.
Call us at (847) 395-2200 or contact us to request a consultation about an Illinois bicycle accident.
Illinois law does not treat a person riding a bicycle on a highway as someone who has no right to be there.
The Illinois Vehicle Code expressly provides that a person riding a bicycle upon a highway has the rights and is subject to the duties applicable to drivers of vehicles, except for bicycle-specific regulations and provisions that cannot logically apply to bicycles.
That means motorists and bicyclists are expected to share the roadway according to applicable traffic laws.
A bicycle rider’s presence in a traffic lane does not, by itself, establish negligence. Likewise, having the right to use the roadway does not excuse a bicyclist from obeying traffic controls, signaling when required, or exercising reasonable care.
Illinois has specific rules governing motorists who pass bicycles traveling in the same direction.
A motorist overtaking a bicycle must leave a safe distance of at least three feet and maintain that clearance until safely past the cyclist. Under the current version of Section 11-703, when another lane traveling in the same direction is available, the motorist must change into that lane before passing when doing so is practicable, lawful, and consistent with traffic conditions.
Illinois law also prohibits a motorist from recklessly driving unnecessarily close to, toward, or near a bicyclist.
These requirements can become important in sideswipe, close-pass, mirror-strike, and roadway-departure cases.
A traffic violation does not automatically determine the outcome of a civil lawsuit, but evidence concerning compliance with a safety statute can be relevant when determining whether a driver exercised reasonable care.
Illinois generally requires a bicyclist traveling slower than the normal flow of traffic to ride as close as practicable and safe to the right-hand curb or edge of the roadway.
The words “and safe” are important.
The law contains exceptions allowing a bicyclist to move farther into the lane when passing another bicycle or vehicle, preparing for a left turn, approaching a location where a right turn is authorized, or avoiding unsafe conditions.
Those conditions can include parked vehicles, moving vehicles, pedestrians, animals, surface hazards, fixed objects, and lanes that are too narrow for a bicycle and motor vehicle to travel safely side by side.
A driver or insurer therefore should not assume that a bicyclist was negligent simply because the rider was not traveling directly beside the curb.
In some situations, moving farther into the lane may be permitted because remaining at the extreme right would be unsafe.
A bicycle accident claim often includes disagreement over where the rider should have been positioned.
The investigation should consider whether there was a bike lane, its condition, parked vehicles, debris, drainage grates, potholes, construction, traffic volume, turning vehicles, roadway width, and other hazards.
Illinois’ statutory roadway-position rule expressly recognizes that surface hazards and substandard-width lanes can make it unsafe to remain near the edge of the road.
Photographs and video of the scene can therefore be particularly important before roadway conditions change.
A bicyclist can be seriously injured when the occupant of a parked or stopped vehicle opens a door into the rider’s path.
Illinois law prohibits opening a vehicle door on the side available to moving traffic unless it is reasonably safe to do so and the door can be opened without interfering with traffic. A vehicle door also may not remain open into moving traffic longer than necessary to load or unload passengers.
Dooring crashes can cause a rider to strike the door directly, be thrown into traffic, or swerve into another vehicle.
Evidence may include the location of the parked vehicle, damage to the door and bicycle, photographs, witnesses, nearby surveillance footage, and the rider’s position before impact.
Intersections are a common setting for disputes between drivers and bicyclists.
A motorist may turn right across a bicyclist’s path, make a left turn in front of an approaching bicycle, enter from a side street, or fail to observe a cyclist before proceeding through an intersection.
The bicyclist’s own duties may also become relevant.
Illinois bicycle riders are subject to applicable traffic-control laws and must provide turn signals when required. A required right- or left-turn signal generally must be given during at least the final 100 feet before the turn, although a rider does not need to signal continuously when the hand is needed to maintain control of the bicycle.
We investigate the complete sequence of events rather than assuming fault solely from the direction in which either party was traveling.
Illinois law allows bicycle operation on sidewalks and through crosswalks subject to bicycle-specific rules and local restrictions.
A bicyclist using a sidewalk or crosswalk must yield to pedestrians and provide an audible warning before overtaking and passing a pedestrian. State law also prohibits bicycle riding where official traffic-control devices prohibit it.
Municipal ordinances can impose additional sidewalk restrictions.
Whether a cyclist was legally using a sidewalk or crosswalk should therefore be evaluated according to the particular location rather than using one statewide assumption.
Visibility frequently becomes a disputed issue when a collision occurs after dark.
Illinois requires a bicycle used at nighttime to have a white front lamp visible from at least 500 feet. The bicycle must also have an approved rear red reflector visible within the statutory range, although a steady or flashing red rear lamp visible from 500 feet may be used in addition to or instead of the reflector. Illinois law also requires bicycles to have an adequate brake.
When a nighttime accident occurs, we may investigate the bicycle’s lighting, street lighting, vehicle headlights, weather, reflective equipment, sight distance, roadway design, and the driver’s opportunity to observe the cyclist.
A lighting dispute does not eliminate the need to evaluate the motorist’s conduct.
Immediate medical and safety concerns come first.
Call 911 when appropriate and obtain medical attention based on your injuries and symptoms. If circumstances permit, identify the driver, vehicle, insurance company, and witnesses.
Photograph the bicycle, vehicle, roadway, traffic controls, surrounding area, skid or scrape marks, debris, and visible injuries.
Do not immediately repair or dispose of the bicycle in a serious or disputed case. The condition of the frame, wheels, components, lights, and impact areas may provide evidence concerning how the collision occurred.
Damaged clothing, helmet, lights, cycling computer, phone, camera, and other equipment may also contain useful physical or electronic evidence.
Modern bicycle cases can involve significantly more evidence than a police report.
Depending on the rider and accident, relevant information may exist on a bicycle computer, GPS device, fitness application, helmet camera, action camera, smartwatch, or smartphone.
This information may help document route, location, movement, speed, or other circumstances surrounding the collision.
Nearby homes, businesses, traffic systems, buses, delivery vehicles, and other vehicles may also have cameras.
Video can be overwritten quickly, which is why prompt investigation may matter even though the lawsuit filing deadline remains much farther away.
Bicycle accidents can cause injuries to several parts of the body simultaneously.
We handle claims involving concussions, traumatic brain injuries, facial injuries, fractures, shoulder injuries, wrist and hand injuries, knee injuries, cervical and lumbar spine injuries, nerve damage, internal injuries, road rash, permanent scarring, and other serious trauma.
Some riders require surgery, rehabilitation, physical therapy, neurological care, orthopedic treatment, or extended time away from work.
The seriousness of a claim should be evaluated from the complete medical course rather than only the diagnosis made in the emergency department.
A bicyclist can suffer a concussion or more severe traumatic brain injury after striking a vehicle, pavement, curb, or another object.
Symptoms can include headaches, dizziness, memory problems, impaired concentration, sleep disturbance, balance difficulties, sensitivity to light or sound, and other neurological changes.
The claim may require evidence extending beyond imaging. Medical evaluations, neurological findings, treatment records, testimony about functional changes, employment effects, and the rider’s condition before and after the accident can all matter.
Our Traumatic Brain Injury Lawyers page addresses serious brain-injury claims in greater detail.
Helmet use and fault for causing the collision are separate issues.
The central liability question remains what caused the crash. A driver who fails to yield, passes too closely, opens a vehicle door into traffic, or otherwise causes a collision does not become free from responsibility merely because the cyclist was not wearing particular protective equipment.
An insurer may attempt to raise helmet use when a head injury is involved. Any such argument should be evaluated under the applicable evidence rules and medical causation rather than assumed to reduce compensation automatically.
We encourage bicycle riders to use appropriate safety equipment, but a safety recommendation should not be confused with proof of who caused a particular collision.
Illinois applies modified comparative negligence to ordinary negligence claims.
If the injured bicyclist is 50 percent or less responsible for the proximate cause of the injury, compensation may still be recovered, although the damages are reduced by the rider’s percentage of fault. If the bicyclist is more than 50 percent responsible, recovery is barred.
For example, $200,000 in proven damages reduced by 20 percent comparative fault would result in a $160,000 recovery.
At exactly 50 percent fault, the rider may still recover 50 percent of the proven damages.
Comparative-fault arguments in bicycle cases may concern roadway position, signals, lighting, traffic controls, speed, or evasive action. We evaluate those allegations against the actual evidence and Illinois bicycle laws.
An Illinois bicycle accident claim may potentially include past and future medical expenses, lost wages, diminished earning capacity, pain and suffering, disability, loss of normal life, emotional consequences, and disfigurement when legally recoverable and supported by the evidence.
Damage to the bicycle, cycling equipment, clothing, and other property can also be part of the claim.
There is no dependable average bicycle accident settlement.
The value depends on factors including liability, comparative negligence, medical treatment, surgery, permanent impairment, future medical needs, employment consequences, available insurance, and the quality of the supporting evidence.
The first source of recovery is often the liability insurance covering the driver who caused the collision.
Additional insurance issues may arise when the motorist has no insurance, insufficient limits, leaves the scene, was driving for an employer, or was operating a commercial vehicle.
Illinois auto policies contain uninsured-motorist coverage required by state insurance law, and additional uninsured and underinsured coverage may apply depending on the policy, insured status, facts, and coverage limits.
A bicyclist should not assume that the negligent driver’s policy is necessarily the only possible source of compensation.
Our Insurance Coverage Disputes page addresses insurance issues in more detail.
A hit-and-run collision should be reported promptly to law enforcement.
Information about the vehicle’s color, body style, license plate, direction of travel, damage, driver, and nearby witnesses can assist the investigation.
Nearby cameras may also help identify the vehicle.
Even when the driver is never located, uninsured or hit-and-run motorist coverage may potentially become important depending on the injured cyclist’s insurance arrangements and policy terms. Illinois uninsured-motorist law expressly addresses protection for insured people legally entitled to recover from owners or operators of uninsured and hit-and-run motor vehicles.
When a bicyclist dies because of another party’s wrongful conduct, the family may have a claim under the Illinois Wrongful Death Act together with a potential Survival Act claim.
These cases require separate evaluation of liability, surviving beneficiaries, financial and household losses, family relationships, pre-death damages when applicable, and available insurance.
Our Illinois Wrongful Death Lawyers page explains these claims in greater detail.
Illinois generally requires an action seeking damages for personal injury to be commenced within two years after the cause of action accrues.
The two-year rule is not universal.
Different deadlines or tolling provisions can apply when the injured bicyclist is a minor or under another legal disability, a governmental defendant is involved, a product defect contributed to the accident, or the collision resulted in death.
Evidence preservation is a separate concern. Video, electronic information, witness recollections, and physical evidence can disappear long before the statute of limitations expires.
Illinois law grants a bicyclist riding on a highway the rights and duties applicable to vehicle drivers except where bicycle-specific rules or provisions that cannot apply to bicycles control.
A motorist overtaking a bicycle must leave a safe distance of at least three feet and maintain that distance until safely past. When another same-direction lane is available, current Illinois law also requires a lane change when practicable and lawful.
No. Illinois requires a slower bicyclist to remain as close as practicable and safe to the right, but the law expressly permits moving away from the edge to avoid parked vehicles, surface hazards, narrow lanes, pedestrians, and other unsafe conditions.
Potentially. Illinois prohibits opening a vehicle door into moving traffic unless doing so is reasonably safe and will not interfere with traffic.
A bicycle used at night generally must have a white front lamp visible from at least 500 feet and qualifying rear red reflective or lighting equipment.
Potentially. Recovery is available when your contributory fault is no more than 50 percent, although damages are reduced proportionally. More than 50 percent fault bars recovery.
Report the collision promptly and preserve identifying information and nearby video. Uninsured or hit-and-run motorist insurance may potentially provide coverage depending on the policy and your insured status.
Not before its condition has been adequately documented when liability or accident mechanics may be disputed. The bicycle itself can be important physical evidence.
There is no reliable average. Claim value depends on fault, medical evidence, future treatment, permanent injuries, wage loss, insurance coverage, and other case-specific factors.
Visit our Motor Vehicle Accident Lawyers page for broader information about liability, insurance, evidence, injuries, and damages. Our Illinois Personal Injury And Workers’ Compensation FAQs also answer common questions concerning accident claims.
A bicycle accident can involve much more than a disagreement between a driver and cyclist about who had the right of way. Illinois bicycle laws, roadway design, passing distance, lane position, vehicle doors, lighting, video, electronic evidence, comparative negligence, and insurance coverage may all affect the outcome.
At Robert Edens Law Office, we investigate those issues and evaluate the claim based on the evidence rather than assumptions about bicyclists.
We represent injured cyclists throughout Antioch, Waukegan, Grayslake, Gurnee, Lake Zurich, Round Lake, Lake Villa, Libertyville, Woodstock, McHenry, Crystal Lake, Barrington, and surrounding Northern Illinois communities.
Call us at (847) 395-2200 or contact us to request a consultation about an Illinois bicycle accident.
Every claim depends on its individual facts and evidence. Prior results do not guarantee a similar outcome, and this page provides general legal information rather than legal advice concerning a particular bicycle accident.