When a driver's temper flares on a Chicago street, cyclists are the ones who pay the price. A collision caused by aggressive driving is the result of choices that put you in harm's way. If you were injured because a driver was tailgating, speeding, or acting recklessly, you have the right to hold them accountable.
This means you can pursue financial compensation for your medical bills, your lost income, and the personal toll the injuries have taken on your life.
Aggressive driving is refers to a driver operating their vehicle with a "willful or wanton disregard for the safety of persons or property," according to Illinois law. This includes everything from dangerous speeding and unsafe lane changes to outright harassment. When these actions cause a bicycle crash, the driver is negligent and can be held financially responsible.
The Chicago bicycle accident lawyers at Abels & Annes, P.C., we understand how unsettling this experience is. If you have questions about your rights and what to do next, we're here to offer clear answers. For a free, no-obligation consultation, call us anytime at (312) 924-7575.
Why Choose Abels & Annes, P.C. for Your Bicycle Accident Claim?
When you are recovering from an injury, choosing a law firm is a significant decision. At Abels & Annes, P.C., our practice is built on a record of securing substantial recoveries for our clients, including a $6,000,000 recovery for the family of a bicyclist. This history reflects our deep experience in these specific types of cases.
Our approach is centered on you. We provide:
- Free Consultations Available 24/7: An attorney is always available to discuss your case.
- No Fee Unless You Win: You will not owe any attorney's fees unless we secure a financial recovery for you.
- Direct Attorney Access: We believe in clear communication, ensuring you can always speak directly with your lawyer.
Our main office is located at 100 N LaSalle St., Suite 1710, Chicago, IL 60602, near the Daley Center courthouse. Our attorneys, David Abels and Gary Annes, have been recognized by Super Lawyers on its Top 100 Lawyer List and hold a "Superb" 10.0 rating from Avvo.
How Much Is My Chicago Aggressive Driving Bike Accident Case Worth?
The goal of financial compensation is to cover every loss and expense stemming from the collision. The value of your case depends entirely on the unique details of your injuries and how they've reshaped your life.
Economic Damages
These are the measurable financial losses you’ve shouldered. We will pursue compensation for:
- All medical bills: This includes everything from the initial emergency care and hospital stays to surgery and physical therapy.
- Future medical needs: If your injuries demand ongoing treatment, we account for those future costs.
- Lost wages: Compensation for the income you lost while unable to work.
- Diminished earning capacity: If your injuries permanently affect your ability to earn a living, this compensates for that long-term loss.
- Property damage: The cost to repair or replace your bicycle and any other gear that was destroyed.
Non-Economic Damages
This is compensation for the personal, non-financial losses that are often the heaviest burden. This can include:
- Pain and suffering.
- Emotional distress and mental anguish.
- Loss of enjoyment of life.
- Permanent disability or disfigurement.
Punitive Damages
In situations where a driver's behavior was exceptionally reckless, Illinois law may allow for punitive damages. These are not meant to compensate you for a loss, but to punish the at-fault driver and discourage others from similar conduct.
Proving the Driver Was Aggressive
A key part of your case is demonstrating that the driver wasn't just careless, but aggressive. This requires gathering specific evidence to build a clear picture of their behavior leading up to the crash.
We look for evidence that shows a pattern of disregard for safety, such as:
- Witness Testimony: Independent witnesses who saw the driver speeding, tailgating, or weaving through traffic can provide powerful statements supporting your case.
- Police Reports: The official report may contain notes from the officer about the driver's demeanor, any citations issued for aggressive acts, or admissions of fault.
- Video Footage: Dashcams, traffic cameras, or security cameras from nearby buildings can capture the driver's dangerous actions in the moments before the collision.
- Accident Reconstruction: In some cases, we work with specialists who can analyze the physical evidence—like skid marks and vehicle damage—to scientifically show how the crash happened and prove reckless behavior.
Connecting these pieces of evidence is how we shift the narrative from a simple "accident" to a clear case of a driver's conscious decision to operate their vehicle in a dangerous manner.
Where and Why Do Aggressive Driving Bicycle Accidents Happen in Chicago?
While a bicycle crash can happen on any street, certain areas in Chicago are hotspots, especially when a driver's impatience is a factor.
High-Crash Corridors
The Chicago Department of Transportation (CDOT) has flagged several "High Crash Corridors" that see a higher rate of serious and fatal crashes. These are often major streets where traffic congestion can cause tempers to flare. Some streets noted for being dangerous for cyclists include:
- Milwaukee Ave
- Halsted St.
- Damen Ave.
- Clark St.
Intersection Dangers
Many bicycle collisions happen at intersections. An aggressive driver might run a red light, refuse to yield the right-of-way, or make an improper turn directly into a cyclist's path.
Contributing Factors in Chicago
- Traffic Density: Chicago's crowded urban core forces more interactions between vehicles and cyclists, raising the chances for conflict.
- Infrastructure Gaps: Although improving, many parts of the city still lack protected bike lanes, leaving cyclists to share the road with agitated drivers.
- Seasonal Trends: Bicycle crashes in Chicago happen more frequently in the warmer months, with July often being the peak month.
Common Forms of Aggressive Driving That Endanger Cyclists
Actions that frequently put cyclists at risk include:
- Excessive Speeding: This is a top cause of all traffic collisions and dramatically increases the force of impact, leading to more severe injuries for a cyclist.
- Tailgating: Following a bicycle too closely robs a driver of the time and space needed to react to sudden stops.
- Improper Lane Changes: Weaving through traffic or swerving unsafely near a cyclist can easily cause a sideswipe or collision.
- Failure to Yield: An impatient driver may ignore a cyclist's right-of-way at an intersection or crosswalk.
- "Dooring": This happens when a driver or passenger flings open a car door into an approaching cyclist's path.
- Harassment and Intimidation: Yelling, laying on the horn, or making threatening gestures can startle a cyclist, causing them to swerve or lose control.
These actions inflict devastating injuries, including:
- Head and Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Broken Bones and Fractures
- Road Rash and Lacerations
- Internal Injuries
How Insurance Companies Approach These Claims
After a collision, you will almost certainly have to deal with the at-fault driver's insurance company. It's important to remember their primary goal is to protect their profits, which means paying out as little as possible on claims.
What to Look Out For
- Quick, Lowball Settlement Offers: An adjuster may contact you right away with an offer. This usually happens before the full extent of your injuries and future medical needs are clear. If you accept, you forfeit your right to seek any more compensation.
- Requests for a Recorded Statement: You are not required to give a recorded statement to the other driver's insurer. They can twist your words to devalue your claim. It is best to let your attorney handle all communications.
- Disputing Your Injuries: The insurer might try to argue your injuries aren't that serious or that they were from a pre-existing condition.
- Delay Tactics: Some companies will intentionally drag out the process, hoping you'll get frustrated and accept a lower settlement just to be done with it.
What Should I Do to Protect My Rights After a Bicycle Accident?
While your lawyer will manage the legal work, there are steps you should take to strengthen your claim right now:
- Follow Your Doctor's Treatment Plan: Attending all medical appointments and completing prescribed treatments like physical therapy is paramount. It helps your physical recovery and creates a clear record of your injuries.
- Keep Detailed Records: Hold on to every receipt for medical bills, prescriptions, and any other expense tied to the accident.
- Document Your Experience: Keep a simple journal. Note your pain levels, how the injuries affect your daily activities, and things you can no longer do. This can be compelling evidence of your pain and suffering.
- Let Your Attorney Obtain the Police Report: Your lawyer will get the official police report, but it is one of the most important first steps.
- Stay Off Social Media: Do not post about the accident, your injuries, or your recovery online. Insurance companies will scrutinize your profiles, looking for anything they can use to argue that your injuries are exaggerated.
Frequently Asked Questions About Chicago Bicycle Accidents
What if the driver who hit me fled the scene?
If you were the victim of a hit-and-run, you may be able to recover compensation through the uninsured motorist coverage in your own auto insurance policy. Report the accident to the police immediately and contact an attorney to explore your options.
Can I still have a case if I wasn't in a designated bike lane?
Yes. In Illinois, bicyclists generally have the same rights and responsibilities as vehicle drivers. This means you are allowed to ride on the road, even if a bike lane isn't available. A driver still has a duty to operate their vehicle safely and give you adequate space.
What if the driver claims they didn't see me?
Drivers have a duty to be aware of their surroundings and drive appropriately for the conditions. "I didn't see you" is an excuse, not a legal defense. An experienced attorney will dismantle these common claims, aiming to show that the driver failed in their basic responsibility to see what was there to be seen.
How long do I have to file a claim in Illinois?
The legal deadline, or statute of limitations, for most personal injury claims in Illinois is two years from the date of the incident. However, the practical deadlines are much shorter. Evidence like surveillance video can be erased in days, and witness memories fade. It is best to contact a lawyer as soon as possible to preserve this information.
What if I was partially at fault for the accident?
Illinois uses a "modified comparative negligence" rule. This means you can still recover damages as long as you are not found to be 50% or more at fault. Your recovery would be reduced by your percentage of fault. An attorney works to show that the driver's aggression was the primary cause of the collision.
Let Us Fight For You
Being injured by an aggressive driver is a jarring experience. You shouldn't have to carry the financial and personal weight of their actions by yourself. The legal system feels difficult to approach, but with the right guidance, there is a path to hold the responsible driver accountable and get the resources you need to rebuild.
The team at Abels & Annes, P.C. is ready to put our experience to work for you. We will deal with the insurance companies and the legal details so you can direct your energy toward your recovery.
To start with a free, confidential consultation, call us today at (312) 924-7575 or contact us online. We are available 24/7 to take your call.