Chicago Bicycle Accident Lawyer

1. Call 911 and make a police 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. Photograph of his or her 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.

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 a cyclist and a car are sharing 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 sideview 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 be alert at all times 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 are a serious danger to 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. Practicing defensive riding techniques is the best way for a cyclist to avoid being the victim of a dooring.

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 set 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.

A driver distracted by texting, eating, or many 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 is 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 that is backing out of a driveway or parking lot 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 people are backing out because of their smaller size and their 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.

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 under when you don’t know if a driver spotted you.
• Wear appropriate protective gear.

• 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

While there is no exact formula, the value of bicycle accident settlements are 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 luck of the draw. It's always better to be involved in an accident with someone that has great insurance with high limits. But unfortunately, there are a lot of lousy insurance companies out there with minimum limits.

• There is no set formula for how long it will take a bike accident case to settle. First, 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 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 and that process can take years. However, cases often settle during litigation, and very few cases end up going to trial.

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 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 leading to an injury may occur.

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.