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Chicago Auto Accident Lawyer
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Who Is at Fault in a Car-Bike Accident in Chicago?
In a car-bike accident, the driver is often at fault, especially in cases of distracted driving, failure to yield, or dooring. But Illinois uses modified comparative negligence, so fault can be shared: a cyclist can still recover compensation as long as they are not more than 50% responsible, with any award reduced by their share of blame.
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 in a Chicago bicycle accident, insurance companies and the legal system review evidence like police reports, witness statements, and video footage. This establishes 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 is assigned a percentage of blame based on the available evidence.
Under the Illinois Vehicle Code, cyclists must also obey the rules of the road (625 ILCS 5/): riding in the same direction as traffic, obeying signals, and yielding. For example, if a cyclist riding on the wrong side hits a car at a stop sign, that failure to follow the rules may establish the cyclist’s fault.
An injured cyclist can recover damages as long as they are not more than 50% at fault, and any award is reduced by their assigned share of responsibility. If a cyclist is found more than 50% at fault, they cannot recover. The court has the final say in apportioning blame if the 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
Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts.
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.
Frequently Asked Questions
Who is at fault in a car-bike accident?
The driver is at fault in most car-bike crashes, particularly those involving distracted driving, failure to yield, or dooring. Fault can be shared, though: Illinois applies modified comparative negligence (735 ILCS 5/2-1116), so a cyclist can recover as long as they are not more than 50% responsible.
Is the driver always at fault when a car hits a cyclist?
No. Drivers are frequently at fault, but not automatically. A cyclist who ran a signal, rode against traffic, or was otherwise negligent can share or carry the blame. Fault is determined from police reports, video, and witness statements.
Can a cyclist be found partly at fault?
Yes. Under Illinois modified comparative negligence, a cyclist’s compensation is reduced by their share of fault, and they recover nothing if found more than 50% responsible. Strong evidence is key to keeping the cyclist’s share low.
How is fault determined in a Chicago bicycle accident?
Through evidence: police reports, witness statements, traffic and dashcam footage, and whether either party violated the Illinois Vehicle Code or the Chicago Municipal Code. An attorney gathers this evidence to establish the driver’s liability.
What if the insurance company blames me for the crash?
Their opinion does not decide your claim. Insurers routinely shift blame onto cyclists to reduce payouts, even when police found the driver at fault. A bicycle accident lawyer can counter with evidence and case precedent to protect your claim and your share of fault.