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Chicago Bicycle Accident Lawyer

Bicycle Accidents Are Increasing in Chicago

Since its invention and mass production, the bicycle has been a popular mode of transportation in the United States. From the young child who rides to school to adults who cycle for exercise and family outings, bicycling provides many wonderful recreational opportunities. However, as our Chicago bicycle accident lawyers recognize, it also can pose risks.

Bicycling Is Becoming More Popular in Chicago

Bicycling is not just for exercise and recreation anymore. Many people have turned to cycling as a means of commuting to and from work or school. They do this in an effort to avoid traffic congestion, pollution, and other problems associated with driving in Chicago.

Since 1990, Chicago has seen a doubling in bicycle use for commuting.  Further, the city is continuing its efforts to make Chicago a more bicycle-friendly community.  Local government continues to build a comprehensive network of bicycle paths that allows cyclists to travel throughout the city.

However, while many of these efforts are designed to provide “bicycle-only” pathways, cyclists still must frequently share the roads with cars, trucks, and buses. These paths are also growing more congested by the day. This is leading to an increase in interactions among cyclists and pedestrians and more congestion at points where their paths cross main roads. Unfortunately, the increase in bicycle riders also means more bicycle accident victims.

Why Chicago Bicycle Accidents Are Dangerous

Vehicle accidents involving bicyclists are very common in our state. According to the Illinois Department of Transportation, there were 19 fatalities in accidents involving cyclists in one year.  Further, 3,138 were injured. In Chicago alone, 6 cyclists were fatally injured in bicycle crashes with vehicles that same year.

Officials consider Chicago the second most dangerous city in the United States for bike riders. Only New York is worse when it comes to cycling crashes.

Specifically, the following locations in Chicago are particularly risky for cyclists:

  • Intersections, including Milwaukee & Fullerton, Halsted & Fullerton, Elston & Fullerton, and Halsted & Chicago.
  • Dooring zones where drivers are most likely to open a door into a cyclist. These accidents commonly happen on Damen Avenue, Chicago Avenue, Division Street, Lincoln Avenue, and Kedzie Avenue.
  • Roads outside of intersections, including Milwaukee Avenue, Clark Street, and Lincoln Avenue.

In the past 15 years, there have been dozens of bicycle accident fatalities in the city. Additionally, over 1,000 people with injuries from bicycle accidents suffered “incapacitating” injuries—that is, broken bones or internal injuries that have left them either temporarily or permanently disabled. If you are dealing with serious injuries or disabilities after a bike accident, you should consult a bicycle accident attorney in the Chicago area as soon as possible.

How To Avoid Chicago Bicycle Accidents and Injuries

As the number of cyclists grows, the number of accidents involving bikes will also likely grow. And, like many other vehicle crashes, a large number of them occur at intersections.

Many of these accidents are the result of motorists who seem to forget that bicyclists are also legitimate and lawful users of the roads. They fail to look for cyclists when making turns or proceeding through intersections.

These types of accidents are exacerbated by excessively large and busy intersections, like the six-way intersection at Milwaukee, Ogden & Chicago Avenues.  Additionally, bicyclists are put at risk by rapidly changing traffic signals that may turn red before they completely cross the intersection.

Doorings Are a Danger for Chicago Cyclists

Another type of accident resulting from motorists not observing their surroundings are “doorings.” Bicycle dooring occurs when a driver or passenger opens his or her car door into an oncoming cyclist. Our bike accident attorneys in Chicago have handled many dooring cases.

Drivers and passengers are at fault in these accidents. They often fail to take the time to check mirrors or look back for oncoming cyclists when exiting their vehicles.

In many cases, bicyclists have little opportunity to react when a vehicle door opens. The injuries can be extremely serious, since the impact is comparable to a cyclist riding his or her bicycle directly into a wall.

Even low-speed collisions can have catastrophic results. Surprisingly, doorings account for around 8 percent of all bicycle accidents.

For obvious reasons, cyclists are always at a disadvantage in a collision with a car. Every bicyclist must adopt a defensive attitude when dealing with vehicle traffic.

Bicycles and cars generally follow the same traffic laws, but this does not mean that cars will always observe the appropriate right-of-way rules. Further, cyclists are harder for a motorist to see when compared to other cars, buses, and trucks.

Bicycle Accidents Caused by Reckless Drivers

Reckless driving is defined as the willful or deliberate disregard for the safety of others while operating a motor vehicle. Aggressive driving goes a step further and includes a person intentionally endangering others. Because of this, drunk driving, aggressive driving, and hit and runs are often grouped together since these actions intentionally put others at risk or disregard their safety when they leave the scene.

Drunk Driving

Drunk driving incidents are 100% preventable. Unfortunately, the rate at which people choose to drink and drive is far too high. This blatant disregard for others can lead to devastating outcomes, especially when someone as vulnerable as a bicyclist is involved.

In most accidents involving a bicycle and a motor vehicle, drivers often report not seeing the bicyclist until it was too late. In some circumstances, the driver did not see the bicyclist at all. Consuming alcohol before driving only increases the chances that a driver will not see a bicyclist since alcohol causes diminished cognitive abilities and delayed reaction time.

Aggressive Driving

Accidents caused by aggressive drivers are also common in areas where bicyclists and vehicles share the road. Incidents of road rage can lead to dangerous interactions where a cyclist is left severely injured. Road rage can be triggered by nearly anything. But one of the leading causes is a driver’s impatience with a slower-moving bicycle in the roadway.

Many drivers do not realize that cyclists have the same rights as them to use roads.

Other examples of aggressive actions towards cyclists can include:

  • Blocking the bike lane
  • Honking or verbal abuse
  • Swerving toward cyclists
  • Blocking a cyclist from turning
  • Riding too closely behind a cyclist

Hit and Run Accidents

When a driver collides with a cyclist and doesn’t stop to report the accident, they are guilty of a hit and run. Whether it is a deliberate act on the driver’s part or an intoxicated driver unaware that a collision has even taken place, the bicyclist almost never comes out unscathed. A number of injuries can occur, such as organ and nerve damage, traumatic brain injuries, dental damage, among others. Drivers are liable for the damages they cause due to their negligence.

Bicycle Accident Injury Statistics in Chicago, IL


Chicago Bicycle Accident FAQs

national trial lawyer top 100 trial lawyersWhat Should I Do After a Bicycle Accident?

If you get hurt in a bicycle accident, it is important to do the following:

  1. Call 911 and make a police accident report. Do not let a driver talk you into not making a police report. That can lead to problems later.
  2. Exchange information with the driver that hit you. Take a photograph of their driver’s license and insurance card.
  3. Take several photos of your bike, the vehicle that hit you, and the scene of the accident.
  4. Obtain witness information from anyone that happened to see the crash. Don’t skip this step, as police officers don’t always take down witness information, and you might need it later.
  5. If needed, seek medical attention as soon as possible.
  6. Contact an experienced bike accident attorney in Chicago. Do this before calling the other side’s insurance carrier.

What Are the Most Common Causes of Bicycle Accidents?

Some of the most common causes of bicycle accidents include:

Drivers failing to yield to bicyclists in intersections

Some drivers may not be familiar with the rules of the road when dealing with cyclists sharing the roadway. This lack of awareness can be particularly hazardous when cyclists and cars share the road while crossing or turning at an intersection. Intersections are one of the most dangerous places for cars and cyclists. Intersections are one of the main areas where collisions leading to devastating injuries occur.

A driver failing to observe cyclists on the road

Drivers not seeing a cyclist on the road is a common cause of an accident involving a bicycle. Both drivers and bicyclists should take precautions to limit this very preventable cause of bike accidents.

Cyclists can use safety accessories like side-view mirrors, reflectors, lights, and light-colored clothing to help lower the possibility of an accident. Similarly, drivers should be aware that cars are not the only vehicles they need to look out for on the roads. Motor vehicle drivers should be especially careful at intersections, near bike lanes, and in areas with a large number of bike commuters.

Motorists encroaching into bike lanes

Even while riding within the confines of a bike lane, cyclists should always be alert for distracted and careless drivers. Vehicles can inadvertently or intentionally drift into a bike lane after just a few seconds of inattention. This can potentially cause a cyclist to suffer serious injuries.

Bicycle doorings when a driver or passenger doesn’t pay attention while opening a car door

As we mentioned above, dooring incidents seriously endanger cyclists, especially in urban environments. These accidents can cause a bicyclist to go flying over their handlebars, which can cause catastrophic injuries like brain injuries, neck and back injuries, facial damage, and long-lasting pain and suffering.

Distracted drivers hitting a cyclist

Distracted driving is one of the biggest problems for road safety that we face today. As smartphones have become a major part of our everyday lives, many people find it hard to put down their phones even while driving. Distracted drivers are clearly a risk to other vehicles. But they are even more dangerous to cyclists and pedestrians since they have almost no protection if they are struck.

Someone who is distracted by texting, eating, or a multitude of other things may veer into bike lanes. Likewise, they may not notice a cyclist crossing through an intersection or fail to see a cyclist while making a turn. Distracted driving is such a big problem that it’s been identified as the leading cause of bicycle accidents involving motor vehicles.

Drivers failing to yield to bicyclists while pulling in and out of driveways or parking lots

When a driver is backing out of a driveway or parking lot and does not fully check their surroundings, it can cause serious consequences for pedestrians and bicyclists. Cyclists are more likely to be struck in parking lots and while vehicles are in reverse because of their smaller size and low noise levels. Backup cameras and sensors are starting to lessen these types of accidents. But drivers cannot rely on these technologies in place of looking behind them and checking their blind spots.

How Can I Avoid a Bike Accident?

Chicago Bike Accident Attorney

Following proper safety procedures and laws when riding a bike in Chicago is the best way to avoid accidents and injuries.

When moving in traffic, cyclists should:

  • Obey the rules of the road.
  • Assume that cars and drivers will fail to see you
  • Give cars a wide berth
  • Yield to motor vehicles when you don’t know if a driver spotted you.
  • Wear appropriate protective gear.

How Can I Protect Myself in a Bicycle Accident?

  • Wear a properly-fitting helmet
  • Wear bright or reflective clothing
  • Use a bike light, reflectors, and reflective tape
  • Follow all posted traffic laws
  • Ride with the flow of traffic
  • Use bike lanes whenever possible
  • Make sure your bicycle is in good working condition
  • Stay alert at all times and avoid distracted riding

How Much is my Bike Accident Case Worth?

million dollar advocates forum badgeWhile there is no exact formula, the value of bicycle accident settlements is often determined by the following factors:

  • Liability. If it’s easy to determine the other side caused your accident, that’s good for your case. If liability is contested, that can affect case settlement value.
  • Damages. If you have more serious injuries, like a fractured leg with surgery, your case is going to be worth more money. Minor soft-tissue injuries are worth less money.
  • Insurance. This is often the luck of the draw. It’s always better to be involved in an accident with someone with great insurance and high limits. But unfortunately, there are a lot of lousy insurance companies out there with minimum limits.

How Long Will My Bicycle Accident Case Take To Settle?

  • There is no set formula for how long a bike accident case will take to settle. Usually, a bicycle accident lawyer won’t try to settle your case if you are still in medical treatment. It makes no sense to settle the case when you are still incurring medical bills. You can only settle your case once. You can’t go back later and ask for more money.
  • Once you are finished with your medical treatment, a lawyer will move forward and obtain all your medical records and bills. Unfortunately, this can take some time. Medical offices and hospitals are notoriously slow when it comes to providing this material.
  • After your attorney has your records and bills, he or she will put together a settlement demand package. The attorney might have questions for you during this process. Once complete, a demand letter will be sent to the insurance company.
  • It will typically take 30-60 days for an insurance adjuster to respond to the demand with an initial offer. However, sometimes it can take longer depending on the insurance adjuster and company involved. Once an offer is received, the parties will negotiate from there.
  • If the case resolves, that’s terrific.  If not, a lawsuit would typically be filed, which can take years. However, cases often settle during litigation, and very few cases end up going to trial.

What Illinois Bicycling Laws Should Drivers and Cyclists Know?

The state of Illinois and various safety institutions have worked together to create laws that will keep motorists and cyclists safe. Some of the most important laws and recommendations are listed below:

Bicycles Have a Right to the Road

In Illinois, cyclists and motor vehicles have the same rights and duties. Bike riders must obey the rules of the road and follow the proper traffic signals just like cars. Similarly, vehicles must also respect the fact that bicycles have the same right to the road as they do.

There is No Helmet Requirement, But a Strong Recommendation

Illinois does not require the use of helmets while riding a bicycle. The exception is for bicyclists under the age of 16 in some areas. However, we know that brain trauma is the most common injury from a bicycle accident. And helmets are a simple safety measure to take to prevent a brain injury.

Head injuries account for:

  • 62% of bicycle-related deaths
  • 33% of bicycle-related ER visits
  • 67% of bicycle-related hospitalizations

In an in-depth study by The New England Journal of Medicine, riders who were wearing helmets during a crash had an 85% reduction in their risk of head injury.

Bicyclists Should Stay Right in a Bike Lane

Bicyclists should ride as close as possible to the right side of the road or in a bike lane whenever possible. This is not only the law, but it also gives cyclists the best chance of staying safe on the road.

Motor Vehicles Must Pass Bicycles Safely

Drivers must allow for a 3-foot gap between their vehicle and a bicycle when they are passing them. If this buffer zone is not respected, contact may lead to serious injury.

Bicycles Must Have Certain Safety Equipment

All bicycles that are ridden on the road must be outfitted with a white front-facing headlight and a red rear-facing light.

Bicycle Accidents Will Continue to Occur

While the planned creation and expansion of bicycle lanes with buffer zones and exclusive-use bicycle paths and bicycle bridges will help Chicago cyclists stay safer in the future, most cyclists still have to travel with vehicle traffic at least some of the time. This is particularly true if they are using their bicycles to commute to and from work or school.

And so long as cars and bicyclists must share the road, there will be accidents, and bicycle riders—given their relative lack of protection—will always be at a disadvantage. If you are a cyclist hurt in an accident, you will need the help of an experienced bicycle accident lawyer in the Chicago area to help you recover damages to compensate you for your medical expenses, pain, suffering, and other losses.

Contact a Chicago Bicycle Accident Lawyer at Abels & Annes, P.C.

If you sustain an injury in an accident with a motor vehicle while riding your bicycle, or someone you love has been tragically killed, you should consult with an experienced bicycle accident attorney immediately.  We can help determine whether you may have a valid personal injury or wrongful death claim against a negligent driver.

At Abels & Annes, P.C., our experienced bicycle accident attorneys assist cyclists in pursuing claims against negligent drivers who have caused serious injuries. We know how to collect all of the compensation you deserve for your injuries, whether that means filing a lawsuit or pursuing a remedy through other means.

If you suffered injuries in a bicycle accident, call Abels & Annes, P.C., for a free initial consultation. Call us at (312) 924-7575, or use the online form right here on this website. Our Chicago bicycle accident attorneys are available to take your call 24 hours a day, seven days a week. We charge no attorney fees unless you win your case by making a financial recovery through settlement or trial.

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March 2020
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