A Look at Car Versus Bicycle Accident Statistics

A Look at Car Versus Bicycle Accident Statistics

The latest data paints a sobering picture for cyclists. In a recent year, there were 1,377 bicyclist deaths in the U.S., with 937 of those resulting from collisions with motor vehicles. Bicyclist fatalities have been on a steady, decade-long rise and are not a recent trend. 

For a cyclist in Illinois, understanding your rights after a collision involves a complex interplay of state traffic laws, the legal principles of negligence, and the frustrating reality of how insurance companies handle these claims.

Sorting through the legal details shouldn't be your priority while you're focused on recovering. If you have questions about what your options are after a collision, you deserve to get clear, straightforward answers.

For a no-cost evaluation of your situation, call Abels & Annes, P.C. at (312) 924-7575.

What the Numbers Tell Us About Bicycle Accidents

The danger is increasing with certain groups and locations being disproportionately affected.

A Decade of Rising Risk

The number of bicyclist deaths in the United States has climbed a staggering 42.7%, from 621 fatalities in 2010 to over 1,000 by 2022. This steady increase has made cycling progressively more dangerous. Today, bicyclists account for approximately 2% of all people killed in motor vehicle crashes each year. This trend has continued in recent years, with data showing an 11% increase in bicyclist injuries between two recent years alone.

Who Is Most Affected?

• Adult Men: Male cyclists account for a staggering 89% of all bicyclist deaths. This represents a fatality rate more than eight times higher than that for female cyclists.
• Urban Riders: City streets are, by far, the most dangerous places for cyclists. Over 80% of all cyclist fatalities now occur in urban areas, a significant increase from previous decades. 

When and Where Do These Crashes Occur?

• Peak Seasons: The danger for cyclists is highest during the warmer months. The risk begins to climb in the summer and remains high into the early fall. In a recent year, the month of October saw the highest number of bicyclist deaths, at 156.
• Illinois Hotspots: In a recent year, Illinois recorded 35 cyclist fatalities. While this number is lower than that of larger states like California or Florida, it represents a significant local problem. These deaths accounted for nearly 3% of the state's total road fatalities, highlighting specific infrastructure and traffic pattern challenges within Illinois that put cyclists at risk.

Beyond the Numbers: Why Do These Collisions Happen?

Statistics tell us what is happening, but they don't always explain why. The reasons behind car versus bicycle accidents are rooted in predictable, and preventable, human errors. These errors frequently amount to what is known as “negligence.”

The Concept of "Duty of Care"

Every driver who gets behind the wheel of a motor vehicle accepts a fundamental legal obligation known as duty of care. This means they have a responsibility to operate their vehicle in a manner that avoids causing foreseeable harm to others on the road, including cyclists. 

This duty requires drivers to be actively aware of their surroundings, maintain control of their vehicle's speed and movement, and respect the space of more vulnerable road users like bicyclists and pedestrians. A driver's failure to uphold this duty is the central issue in a personal injury claim following a collision.

Common Failures in Driver Responsibility

Many bicycle accidents are not "accidents" in the sense of being unavoidable events. They are the direct result of a driver failing to meet their duty of care. Some of the most common failures include:

• Distraction and Inattention: A driver who is looking at a phone, adjusting the radio, or is otherwise not focused on the road could easily fail to see a cyclist directly in their path.
• Failure to Yield the Right of Way: Countless collisions occur at intersections when a driver turns into the path of a cyclist who is lawfully proceeding straight. The right of way is a set of legal rules designed to prevent these exact scenarios.
• Unsafe Passing: A driver misjudges the distance required to safely pass a cyclist, resulting in a sideswipe collision. Illinois law requires drivers to give cyclists at least three feet of clearance when passing.
• "Dooring": A driver or passenger in a parked car opens their door directly into the path of an oncoming cyclist without first checking to see if the way is clear.

The Doctrine of "Negligence Per Se"

In some cases, proving a driver was negligent is straightforward due to a powerful legal concept called negligence per se. This is a rule that says if a person violates a safety law, such as a traffic law, and in doing so causes the same type of harm the law was designed to prevent, their action is automatically considered negligent.

For example, a driver runs a red light and strikes a cyclist who had the green light and was lawfully crossing the intersection. The driver's violation of the traffic signal law is a clear case of negligence per se. We do not need to debate whether their action was unreasonable. The act of breaking that specific safety statute is, in itself, proof of negligence.

How Illinois Law Views Bicyclists and a Driver's Responsibility

You Have a Right to Be on the Road

The law in Illinois is explicit. Statute 625 ILCS 5/11-1502 grants bicyclists all the rights and subjects them to all the duties applicable to the driver of a vehicle. This means you are not a second-class citizen on the road. You have a legal right to occupy a lane when it is necessary for your safety, such as when avoiding hazards or when the lane is too narrow for a car and a bike to share safely.

The Illinois Secretary of State reinforces this by publishing specific rules of the road that detail how vehicles and bicycles must interact to ensure safety for everyone.

What Happens If You Are Blamed for the Accident? The Concept of "Comparative Negligence"

It is common for an at-fault driver's insurance company to try and shift blame onto the injured cyclist. They might argue you were hard to see or that you made a sudden move. This is where understanding Illinois' rule of "modified comparative negligence" becomes important.

This legal framework looks at the fault of every person involved in an accident. Here is how it works:

• You are still able to recover financial damages even if you are found to be partially at fault for the collision, as long as your share of the blame is 50% or less.
• Your final compensation award is then reduced by your percentage of fault. For instance, if a jury determines you were 10% at fault, your total award would be reduced by that 10%.
• However, if your fault is determined to be 51% or more, Illinois law bars you from recovering any compensation at all.

Because of this 51% bar, insurance companies are highly motivated to argue that the cyclist's fault was greater than the driver's. This is a common strategy we anticipate and are prepared to counter by focusing on the evidence of the driver's negligence.

The Role of Equipment and Visibility

According to Illinois law, 625 ILCS 5/11-1507 mandates that a bicycle used at night must have a front white light and a rear red reflector or light.

While wearing a helmet is a critical safety measure, it is not required by law for adult cyclists in Illinois. Statistics show that over 60% of cyclists killed in crashes were not wearing a helmet. An insurance company may try to use the absence of a helmet to argue that your injuries were worsened by your own choice. However, we understand how to keep the focus on the primary cause of the crash itself, which is the driver's negligent actions, rather than on secondary issues.

The Anatomy of a Bicycle Accident Claim: What to Do From Home

After an accident, taking a few organized steps will protect your rights and lay the groundwork for a successful injury claim.

Step 1: Document Everything You Can

Your memory of the event is a key piece of evidence. As soon as you are able, write down every detail you are able to recall about the collision. This includes the moments leading up to it, the collision itself, the driver's behavior, the make and model of the vehicle, and the layout of the scene. 

Gather all related documents in one place. This should include the police report number, any photos you or a witness took at the scene, and the names and contact information for anyone who saw what happened.

It is also helpful to keep a simple journal. Note your pain levels each day, track all your medical appointments, and describe how your injuries are impacting your daily activities, from work to simple household chores. This ongoing record will become invaluable for demonstrating the full scope of your suffering.

Step 2: Understanding the Insurance Process

Generally, there are a few potential sources of coverage:

• The At-Fault Driver's Insurance: The primary source for compensation is almost always the at-fault driver's automobile liability insurance.
• Your Own Insurance: If the driver who hit you was uninsured or fled the scene (a hit-and-run), you might be able to file a claim under the Uninsured or Underinsured Motorist (UM/UIM) portion of your own auto insurance policy, even though you were on your bike.
• Dealing with Adjusters: Expect to be contacted by an insurance adjuster from the other party's company. It is important to remember that their incentive is to protect their company's financial interests by minimizing the amount paid out on your claim. You are not obligated to provide them with a recorded statement. It is in your best interest to have an attorney handle all communications with insurance adjusters.

Step 3: Calculating the Full Scope of Your Damages

A personal injury claim is about securing compensation for every loss you have suffered, including the immediate effects and long-term effects. We work to build a comprehensive case that accounts for all of your damages, which are typically broken into two categories:

Economic Damages

These are the direct, tangible financial losses with clear dollar values.

• Current and future medical bills
• Lost wages from the time you were unable to work
• Loss of future earning capacity if your injuries are permanent and affect your ability to do your job
• The cost to repair or replace your bicycle and any other damaged property

Non-Economic Damages

These are the intangible losses that don't have a simple price tag but rewrite aspects of your life.

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment of life (the inability to pursue hobbies and activities you once loved)

Step 4: The Path to Resolution

Most personal injury cases follow a structured process:

• Demand and Negotiation: Once your medical treatment has stabilized and we have a clear picture of your long-term prognosis, we will compile all the evidence (medical records, bills, proof of lost wages, and documentation of your suffering) into a formal settlement demand package. This is sent to the insurance company and initiates a period of negotiation.
• Filing a Lawsuit: If the insurance company refuses to make a fair settlement offer, the next step is to file a formal lawsuit. This action does not mean your case will automatically go to trial. In fact, the vast majority of personal injury cases are settled at some point before a trial ever begins. Filing the suit simply moves the case into the litigation phase, allowing us to use legal tools like depositions to strengthen your case.

FAQ for Car Versus Bicycle Accident Statistics

What if the driver who hit me fled the scene?

A hit-and-run is a criminal act that leaves victims in a difficult position. However, you may still have a path to financial recovery. This is often accomplished by filing a claim through the Uninsured Motorist (UM) coverage on your own auto insurance policy, if you have one. This coverage applies even though you were on your bicycle. It is vital to report the hit-and-run to the police as soon as possible to document the crime.

How long do I have to file a bicycle accident claim in Illinois?

In Illinois, the statute of limitations for most personal injury claims is two years from the date of the incident. This is a strict deadline. If a claim is not filed within that window, you lose your right to seek compensation forever. It is important to note that if a government entity is involved (for example, if you were hit by a city bus), the deadline could be much shorter, sometimes only one year.

The driver's insurance company offered me a quick settlement. Should I take it?

You should be very cautious. Initial settlement offers from insurance companies are almost always far less than the full value of your claim. They are designed to close the case quickly and cheaply, before the full extent of your injuries and future medical needs is known. Accepting that offer means you forfeit your right to seek any more compensation for this incident, even if your condition worsens. It is always best to understand the true, long-term value of your claim before agreeing to any settlement.

Let’s Turn Statistical Risk Into Your Path for Justice

The car versus bicycle accident statistics paint a clear and troubling picture of the risks that cyclists face on our roads every day. 

The legal system provides a framework to hold negligent drivers accountable for the harm they cause and to secure the financial resources you need to properly recover and move forward. 

If you have any questions about the legal process, we’re here to help. Call Abels & Annes, P.C. for a no-cost, no-obligation discussion about your case at (312) 924-7575.