If You Need a Bicycle Accident Attorney in Chicago, Contact the Team at Abels & Annes
Since its invention and mass production, the bicycle has been a popular mode of transportation in the United States and around the City of Chicago. From the young child who rides to a nearby school to adults turning to cycling for exercise and family outings on Lake Shore Drive, bicycling provides many wonderful recreational opportunities. However, as our Chicago bicycle accident lawyers can attest, it also can be dangerous when motorists fail to see a cyclist and collide with them.
As Bicycling in Chicago Becomes More Popular, Bicycle Accidents are On the Rise
Bicycling is no longer just for exercise and recreation in our Forest Preserves. Many people use cycling as a means of commuting to and from work or school. Riding can help minimize traffic congestion, reduce pollution, and avoid other problems associated with driving on Chicago's congested roadways.
Since the 1990s, the number of people who commute by bike has doubled in Chicago. Further, the city is working to make Chicago a more bicycle-friendly community. Local government continues to build a comprehensive network of bicycle paths that allow cyclists to travel throughout the city.
However, while 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, and riders are involved in a greater number of bicycle crashes every year. If you were hit by a vehicle while riding your bicycle, reach out to a bike injury lawyer on our team today to learn more about your legal rights and options.
Bicycle Accidents Are a Real Danger on Chicago's Roadways
Unfortunately, vehicle accidents involving bicyclists are common in the Windy City. According to the Illinois Department of Transportation, there were 41 fatalities statewide in accidents involving bicyclists in one recent year. In the previous year, 2,251 bicyclists were injured. In Chicago alone, 8 cyclists were fatally injured in crashes with vehicles that year.
A few years ago, Bicycling Magazine considered Chicago the second-best city in the United States for bike riders. Only New York was rated better than us when it came to cycling.
Although the city has improved safety measures for cyclists, the following locations in Chicago are still particularly risky for cyclists:
- Intersections, including Milwaukee & Fullerton, Halsted & Fullerton, Elston & Fullerton, and Halsted & Chicago.
- Dooring zones are where drivers are most likely to open a door and hit 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 cycling 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 disabilities after an accident, you should promptly consult the Chicago bicycle accident lawyers at Ables & Annes to learn about how you might receive financial compensation for your losses.
What is the Main Cause of Bicycle Crashes in Chicago?
As the number of cyclists grows, the number of accidents involving bikes also increases. Like many other vehicle crashes, many bike collisions are caused by negligent drivers who don't exercise the care needed to see and respect bicycle riders.
Many bicycle accident cases 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.
Excessively complicated and busy intersections, like the six-way intersection at Milwaukee, Ogden, and Chicago Avenues, make bike accidents more common and more dangerous. Additionally, bicyclists are put at risk by rapidly changing traffic signals that may turn red before they completely cross the intersection.
Common Types of Driver Negligence that Can Cause Chicago Bike Accidents
Reckless Driving
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 when a person intentionally endangers 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.
Doorings
When motorists do not pay attention to their surroundings, “doorings” can occur. Bicycle dooring occurs when a driver or passenger opens their car door directly into the path of an oncoming cyclist. Our bike accident attorneys in Chicago have experience with dooring cases and know how to build a solid claim to request fair compensation for our clients.
Drivers and passengers are at fault in these accidents. They often fail to check their mirrors or look back for oncoming cyclists when exiting their vehicles.
Drunk Driving
Drunk driving accidents 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 say they did not see 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 motorized vehicles on Chicago 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 Runs
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. Serious injuries can occur, including organ and nerve damage, traumatic brain injuries, and dental damage, among others. Drivers are liable for the damages they cause due to their negligence.
Drivers failing to yield to bicyclists
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 and the main areas where collisions cause devastating injuries.
When a driver backs out of a driveway or parking lot and does not fully check their surroundings, it can lead to serious consequences for pedestrians and bicyclists. Cyclists are more likely to be struck in parking lots while people are backing out because of their smaller size and low noise levels. Backup cameras and sensors are starting to reduce these types of accidents. But drivers cannot rely on these technologies in place of looking behind them and checking their blind spots.
A driver failing to see cyclists on the road
Drivers not seeing cyclists on the road is a common cause of bike accidents. Both drivers and bicyclists should take precautions to limit this unfortunate situation.
Cyclists can use safety accessories like side-view mirrors, reflectors, lights, and light-colored clothing to help lower the possibility of an accident. However, ultimately, even the best bicycle safety practices may not eliminate the risk of a crash. Drivers must be aware that cars are not the only vehicles they need to look out for on the roads and 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, potentially causing a cyclist to suffer serious injuries.
Distracted drivers hitting a cyclist
Distracted driving is one of the biggest problems in 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.
A driver who is distracted by texting, eating, or doing other things may veer their vehicle into bike lanes. Likewise, they may not notice a cyclist crossing through an intersection or making a turn near them.
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 Chicago and throughout 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 respect that bicycles' have the same right to the road.
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. However, brain trauma is the most common injury suffered by riders after a bicycle accident, and using a helmet is a simple safety measure that may prevent or reduce 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 to the Right or 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 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 for nighttime use.
Bicycle Accident Injury Statistics in Chicago, IL
Source: apps.dot.illinois.gov
Chicago Bicycle Accident FAQs
What Should I Do After a Bicycle Accident?
Depending on your injuries, you may be able to follow these suggestions following a bike crash.
- 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.
- If needed, seek medical attention as soon as possible.
- Exchange information with the driver that hit you. Photograph their driver's license and insurance card.
- Take several photos of the bike crash, the vehicle that hit you, and the scene of the accident.
- Obtain witness information from anyone who happened to see the crash. Don't skip this step if you are able, as police officers don't always take down witness information, and you might need it later.
- Contact an experienced Chicago bike injury lawyer at the Chicago office of Abels & Annes before speaking to any insurance carrier. We can also help gather evidence for you if you were unable to do it at the scene.
How Much Is My Bike Accident Case Worth?
While there is no exact formula, the value of a bicycle accident claim is often determined by the following factors:
- Liability. If it's easy to show the other side caused your accident, that's good for your case. If liability is contested, it can affect case settlement value.
- Amount of Damages. If you have more serious injuries, like a fractured leg that requires surgery, your case will be worth more money. Minor soft-tissue injuries are worth less money.
- Insurance Coverage Available. This is out of your control. If you are involved in an accident with someone who has great insurance with high limits, your losses will more likely be covered. Unfortunately, there are many lousy insurance policies offering low coverage limits, and some drivers don't carry insurance even though the law requires it.
How Long Will My Bicycle Collision Case Take To Resolve?
There is no set formula for how long it will take a personal injury case to settle. First, a Bike injury lawyer won't try to settle your case if you are still receiving medical treatment. It is risky to settle a case when the injury victim is still incurring medical bills. It's important to note 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, your lawyer will prepare your claim by obtaining 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, they will put together a settlement demand package. The attorney might have additional 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. 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 before the Statute of Limitations runs out, you will not need to file a civil lawsuit. If not, your lawyer may suggest you file a bicycle accident personal injury lawsuit. The litigation process can take years to get to trial. However, cases can be settled during litigation, and very few cases end up going to trial.
While Bike Crashes Continue, Our Bicycle Accident Attorneys in Chicago are Ready to Help Injured Riders
So long as cars and bicyclists must share the road, there will be accidents. Bicycle riders—given their relative lack of protection—will always be at a disadvantage when struck by a motor vehicle. We help bicycle accident victims hold negligent drivers accountable for the injuries they cause. With the help of an experienced Chicago bicycle collision attorney, you may 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. to Learn More
If you were injured by a motor vehicle while riding your bicycle, or someone you love was tragically killed in a bike crash, contact our experienced bicycle accident lawyers immediately. The team at Abels & Annes 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 bike injury attorneys assist cyclists in pursuing claims against negligent drivers who have caused serious injuries. We know how to collect the compensation you deserve for your injuries, whether that means negotiating a fair settlement, filing a lawsuit, or pursuing a remedy through other means.
If you suffered injuries in a bicycle accident, contact Abels & Annes, P.C. for a free initial consultation. Call us at (312) 924-7575 or use the online form 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 we recover financial compensation for you through settlement or trial.