Who Is at Fault in a Car-Bike Accident in Chicago?

Determining who is at fault in a car-bike accident in Chicago depends on the specific circumstances, so injured cyclists should consult with an experienced attorney who can establish liability.

High-speed accidents along busy corridors like Milwaukee Avenue can result in life-altering injuries. By establishing fault for the accident, our team can help you recover damages for medical care and lost income. Contact us today for a free consultation about your legal options.

How Is Determining Fault Handled in a Chicago Bicycle Accident?

To determine fault, insurance companies and the legal system will review evidence like police reports, witness statements, and video footage. This will establish whether the cyclist or motorist violated traffic laws, including the Illinois Vehicle Code (625 ILCS 5/) and the Chicago Municipal Code (Title 9).

What Are Common Cases Where a Bicycle Accident Is the Driver’s Fault?

According to the Illinois Department of Transportation, there were 1,410 Chicago bicycle accidents in 2023, which resulted in 7 fatalities and 1,246 injuries. While some bike accidents are due to cyclist negligence, many are the driver’s fault. These are some of the most common reasons that a motorist may be liable.

Distracted Driving

The AAA Foundation for Traffic Safety found that distracted driving plays a significant role in over 1 million traffic accidents every year.

Using any handheld electronic device is against Illinois law (625 ILCS 5/12-610.2) and significantly increases a driver’s fault. Cell phone records can prove the device was active at the time of the crash, demonstrating liability.

While texting and driving is one of the most common causes of motorist distraction, other distractions can include talking to passengers, checking GPS devices, performing personal grooming, or adjusting settings. All of these divert the driver’s attention from the road, making it harder to see a bicycle’s smaller profile.

Failure to Yield

As cyclists ride with other traffic, drivers must yield to them at red lights as they would to any other vehicle. However, bicycles can easily slip into a motorist’s blind spot, especially when the motorist is in a larger vehicle, and inattentive drivers may fail to see them at intersections.

If a driver turns into a bicyclist, then they can be liable. This can be proven using traffic cameras, dashcam videos, and eyewitness statements.

Dooring

The Chicago Municipal Code requires drivers to exercise reasonable care to avoid impeding traffic when opening a car door, which includes bike lane traffic (9-80-035). Drivers often fail to check blind spots, resulting in serious injuries.

Proof for a dooring bike accident can come from a range of sources, including accident reports, bystander statements, dashcam footage, and surveillance footage from nearby restaurants or businesses. Our team will thoroughly investigate all circumstances and secure conclusive evidence, which will provide a stronger negotiating position with insurance agencies.

How Does the Cyclist’s Fault Impact Their Ability to Recover Compensation?

Illinois uses modified comparative negligence to apportion fault in motor vehicle accidents (735 ILCS 5/2-1116). Each party to the lawsuit shares fault for the accident and is assigned a percentage of blame, determined based on the available evidence.

Under the Illinois Vehicle Code, cyclists must also obey the rules of the road (625 ILCS 5/). This includes riding in the same direction as cars, obeying traffic signals, and yielding to oncoming traffic. For example, if a bike hits a car approaching a stop sign and the cyclist was riding on the wrong side, that failure to follow traffic rules may prove fault.

Accident victims can seek damages only if they are less than 50% responsible, and they will not receive maximum compensation. The court system typically has the final say in apportioning blame if your case proceeds to trial.

How a Chicago Bicycle Accident Lawyer Can Help

Insurance adjusters often shift blame onto cyclists for car-bike accidents. This can occur even if the responding police officer at the accident scene determined that the driver was at fault.

A Chicago bicycle accident lawyer protects your legal rights and prevents insurance companies from unfairly blaming you for a crash. We’ll gather evidence like medical records, police reports, witness testimony, and expert opinions to demonstrate liability and build a strong claim.

Our team will also calculate your economic and non-economic damages, including medical expenses, lost income, property damage, and emotional distress, to ensure your needs are fully covered.

Unfortunately, approximately 15.2% of Illinois motorists lack auto insurance. The Illinois Supreme Court ruled in Galarza v. Direct Auto Insurance Co. that injured bicyclists or pedestrians can use their own uninsured motorist policy to cover medical attention or lost wages.

Insurance companies often fight these for bicycle accident claims, but our attorneys can use case precedent and policy language to ensure they offer fair compensation for your injuries.

Book a Free Consultation With a Bicycle Accident Attorney in Chicago

A Chicago traffic accident lawyer is here to protect your rights and prevent you from being unfairly blamed for your injuries. We will thoroughly investigate your claim, gather strong evidence, and build a persuasive case based on your damages.

As Million Dollar Advocates, we have secured over $450 million in settlements and verdicts for our clients over the past 25 years. We have the prestigious Super Lawyers designation and have been named as one of America’s Top 100 High Stakes Litigators.

Don’t let insurance companies treat you unfairly while you’re recovering from a serious bicycle accident. We work on a contingency fee basis: no legal fees unless we win. Contact us today for a free case review about your legal options.