What to Do If You Get Hit by a Car While Riding a Bike

Chicago has seen a 119% increase in cyclists over the past five years, yet the nonprofit People for Bikes ranks it among the most bike-unfriendly metropolitan areas in the United States. As such, cyclists are at a high risk of being hit by a car while riding a bike.

Bicycle accident cases often involve severe injuries, making it crucial to act quickly. Our experienced personal injury attorneys offer high-quality legal representation on a contingency-fee basis, ensuring all cyclists can access the support they need. Follow these steps, then contact us as soon as possible to discuss your insurance claim.

Steps to Take If You Get Injured in a Bicycle Accident in Chicago

The Illinois Personal Injury Act (735 ILCS 5/13-202) and Wrongful Death Act (740 ILCS 180/) allow accident victims or their next of kin to recover damages if an accident occurred due to someone else’s negligence. Generally, these are obtained from the negligent driver’s insurance company, not from the motorist.

The longer a victim waits to initiate the legal process, the less likely the car insurance company will approve the claim. As such, it’s essential to follow these specific steps to protect your legal right to damages.

Seek Medical Attention

A bicyclist hit by a car is very likely to suffer severe, sometimes life-threatening injuries, even in a low-speed accident. However, you should seek medical treatment even if you have only minor injuries. A medical exam documents the accident, enabling a lawyer to connect your injuries to the collision.

Visit the nearest emergency room, such as Rush University Medical Center or Northwestern Memorial Hospital, and explain what happened. Request a copy of your medical records, including any imaging or lab results.

File a Police Report

Motorists and bicycle users must report accidents as soon as possible (625 ILCS 5/11-408). In Chicago, any collision that results in more than $250 worth of property damage must be reported (9-56-010). Not only is it the law, but an auto insurance company may refuse to honor a claim without a police report.

Call the Chicago Police Department and provide a witness statement. The police report will document the accident scene, including who was involved and whether alcohol may have played a role.

Do not admit fault to the police or the driver’s insurance company.

Gather Evidence

You should document the accident site, including damage to the bike, the vehicle, and any surrounding property. Request the at-fault driver’s insurance information and contact information, and speak with anyone who witnessed the crash. Our attorneys can contact them and obtain witness statements that establish liability.

You should keep documentation of your recovery process. Collect all your medical bills and proof of your time off work, then create a pain diary. This diary should explain the challenges you face in completing everyday tasks and how much discomfort you experience every day.

Do Not Accept Insurance Adjusters’ Initial Offer

Most people are unaware of the value of their accident claim, which can lead them to accept the insurance company’s initial offer. However, this initial offer is almost always less than what your claim is worth, as adjusters want to avoid paying the maximum settlement.

How a Personal Injury Attorney Can Help

Our Chicago bicycle accident attorneys will handle all negotiations with the insurance company. We are familiar with the claims process for all major insurers and can effectively present your case. In many instances, working with a lawyer makes insurance adjusters more willing to negotiate, as they know they cannot use manipulative tactics like lowballing.

In addition to managing case documents and communicating with third parties, our team can secure valuable evidence that may be difficult for the average person to find. This includes surveillance footage from the crash site, cell phone data to prove distracted driving, or statements from bystanders who may have seen the accident.

We will secure expert witnesses who can provide unbiased, professional opinions on various aspects of the bicycle accident. For example, we will consult accident reconstruction experts, who will analyze the accident scene and develop a narrative of the moments leading up to the crash. Medical professionals can explain your future needs, providing solid justification for future medical expenses. Meanwhile, economists and life care planners help us calculate lost income and potential care needs.

FAQs

What if I wasn’t riding in a designated bike lane?

Illinois law generally requires cyclists to use a designated bike lane whenever it is available. If there is no bike lane, then bicyclists must ride with the flow of traffic in the closest lane to the curb (625 ILCS 5/).

In Chicago, bicyclists can use the sidewalk if it has been designated as a bike route (9-52-020). However, riding a bicycle on the sidewalk of North Sheridan Road is strictly prohibited (9-52-021).

Who pays for medical bills after a bicycle accident?

In most bicycle accident cases, the at-fault driver’s insurance company pays for medical bills and lost wages. However, around 15.2% of all Illinois drivers are uninsured. The Illinois Supreme Court ruled in Galarza v. Direct Auto Insurance Co that a bicyclist or pedestrian hit by a car can seek compensation from their own insurance coverage.

While not required by Illinois law, some motorists choose to purchase Personal Injury Protection (PIP) insurance. This is a no-fault insurance system that will cover medical expenses and lost wages. It does not preclude you from pursuing civil action against the at-fault motorist.

What if the insurance company denies my claim?

An attorney familiar with bicycle accident cases can help you refute the denial. We will request that the insurance company explain the basis for the denial, as required by law, and then gather additional evidence demonstrating the policyholder’s liability. In many cases, this is enough to prompt the company to negotiate reasonable compensation.

While insurance companies often settle after bicycle accidents, sometimes it’s necessary to take your claim to court. Our law firm is a member of the Illinois Trial Lawyers Association with a 98% success rate. We will file a lawsuit, manage motions, and share information with the other parties through the discovery process. Through mediation or arbitration, we often secure fair settlements without going to trial.

Book a Free Consultation

Bicycle accidents can turn a pleasant trip along Milwaukee Avenue into a years-long legal battle. However, you don’t have to navigate these challenges alone. Our award-winning Chicago traffic accident attorneys are here to ease your stress and ensure your needs are covered.

We are members of the Illinois Trial Lawyers Association and hold a perfect A+ rating from the Better Business Bureau, having helped over 5,000 people secure justice after accidents. Our team is highly respected in the legal community, with the prestigious Super Lawyers® designation and a 10/10 rating with AVVO.

You do not need to worry about paying for our high-quality legal services out of pocket, as we work on a contingency fee basis: no fees unless we win. Contact our award-winning attorneys today for a free, no-obligation consultation.