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 turning to cycling 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 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 of 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, leading to a greater number of bicycle accident cases.

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Bicycle Accidents Are a Real Danger on Chicago's Roadways

As a result, vehicle accidents involving bicyclists are very common. According to the Illinois Department of Transportation, there were 19 fatalities in accidents involving cyclists in 2016.  Further, 3,138 were injured. In Chicago alone, 6 cyclists were fatally injured in crashes with vehicles that year.

Officials consider Chicago the second most dangerous city in the United States for bike riders. Only New York is worse than us 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 are where drivers are most likely to open a door to a cyclist, and 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 a Chicago bicycle accident lawyer to learn about your rights to recovery.

Negligent Drivers Put Cyclists At Risk

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 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.

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.

Causes of Chicago Bicycle 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 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.

Doorings

Another type of accident resulting from motorists not observing their surroundings is “doorings”. Bicycle dooring is defined as when a driver or passenger opens his or her car door to an oncoming cyclist. Our bike accident attorneys in Chicago work on dooring cases often.

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.

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 is 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 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. A number of injuries can occur, such as 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. Intersections are one of the main areas where collisions leading to devastating injuries occur.

When a driver who 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 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.

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. 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. This can potentially cause a cyclist to suffer serious injuries.

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.

What Illinois Bicycling Laws Should Drivers and Cyclists Know?

Chicago Bike Accident Attorney

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.

Bicycle Accident Injury Statistics in Chicago, IL


Source: apps.dot.illinois.gov

Chicago Bicycle Accident FAQs

What Should I Do After a Bicycle Accident?

  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 the bike crash, the vehicle that hit you, and the scene of the accident.
  4. Obtain witness information from anyone who 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 Chicago bike accident lawyer in Chicago. Do this before calling the other side's insurance carrier.

How Much Is My Bike Accident Case Worth?

While 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 luck of the draw. It's always better to be involved in an accident with someone who has great insurance with 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 it will take a personal injury 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 bicycle accident 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.

Bicycle Accidents Will Continue to Occur

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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. Bicycle accident victims have the right to hold negligent drivers accountable for their injuries. With the help of an experienced Chicago bicycle accident attorney, you may recover damages to compensate you for your medical expenses, pain, suffering, and other losses.

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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.  He or she will 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 lawyers 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. to set up a free initial consultation. You may call us at (312) 924-7575, or you may 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.


Abels & Annes, P.C.

Address: 100 N LaSalle St #1710,
Chicago, IL 60602

Phone: (855) 529-2442