The Illinois Department of Transportation has reported that more than 6,000 pedestrians are hit by cars in Illinois each year. The accidents kill about 170 people and seriously injure more than 1,000. In the seven-county Chicago area, 12 pedestrians were struck and killed and more than 1,300 were injured in 2009. Of those, the vast majority (7/12 and 1000+/1300) occurred in the City of Chicago. Accidents involving bicyclists is a serious problem in Chicago and throughout Cook County.
Car or truck accidents involving a bicyclist oftentimes cause serious injury or death. Accidents involving a bicyclist raise issues that are different than those accidents that involve only motor vehicles. As with other types of motor vehicle accidents, the circumstances surrounding the collision, the conduct of the driver of the car, the conduct of the bicyclist and the nature of the injury suffered all affect whether compensation can be recovered. Our firm has the experience necessary to evaluate the circumstances surrounding a bicycle accident, to consider the issues of liability and damage and to maximize the compensation you receive. Contact us today for a free case evaluation.
FREQUENTLY ASKED QUESTIONS
What rights does a bicyclist have on the roadway?
The Illinois Vehicle Code as well as the Municipal Code in most municipalities address the rights and duties of a bicyclist. The Illinois Vehicle Code provides that traffic laws apply to every person riding a bicycle upon the roadway. The bicyclist is granted all the rights and has all of the responsibilities applicable to the driver of a vehicle. In other words, stop signs, yield signs and other traffic signals are to be followed by bicyclists.
What about riding on the sidewalk?
The Chicago Municipal Code as well as most other local Municipal Codes provide that no person shall ride a bicycle upon a sidewalk within a business district. This includes children. The Code further provides that no persons 12 or more years of age shall ride a bicycle upon any sidewalk in any district, unless the sidewalk has been designated and marked as a bicycle route. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders must use the path and not the roadway.
The specific location where the collision occurs is critical. If the collision occurs not on the sidewalk but within the street or alley where a sidewalk ends, the provision of the Municipal Code may not be applicable. If the bicyclist falls and suffers injury as the result of a defect within the sidewalk itself, liability is unlikely given the provisions within the code. Issues regarding visibility, speed and the conduct of the driver of the motor vehicle must also be assessed.
Is the speed of the bicyclist important?
The Municipal Code provides that no person shall operate a bicycle at a speed greater than reasonable and prudent under the conditions. Whether a bicyclist is speeding therefore depends upon a review of the location of the conduct, condition of the roadway and the condition of traffic. The impact of the bicyclist’s speed varies greatly from case to case.
What if the driver of the vehicle involved in the accident was uninsured or underinsured?
Bicyclists involved in motor vehicle accidents oftentimes suffer severe personal injury. The extent of the liability coverage underwritten on behalf of the defendant driver is therefore important. The coverage underwritten on behalf of the driver may or may not be sufficient to satisfy the compensatory value of the injured bicyclist’s claim. If the insurance coverage underwritten on behalf of the defendant driver is insufficient to fully compensate the injured cyclist’s claim, it is important to look at all potential sources of coverage. Whether the bicyclist owns an automobile and the limits of coverage underwritten by that carrier must be considered. Some automobile policies are more broad than others and may cover the insured while riding a bicycle. Underinsured motorist coverage may therefore be available. The language of the applicable policy must be reviewed to make a determination regarding coverage.
Accidents involving a bicyclist oftentimes cause serious injury or death. The issues which arise in these cases are different than those in accidents which involve only cars. Circumstances surrounding the collision, the conduct of the driver of the car, the conduct of the bicyclist and the nature of the injury suffered all affect whether compensation can be recovered.
Bicyclist fatalities occur more frequently in urban areas and during the months of June, July and August than in other places or at other times. The prevalence of bicycles in congested urban areas as well as the presence of bike messengers or others utilizing the bicycle for work may account for the increased frequency. It is important that the victim of a bicycle/car accident discuss the nature of the accident with an attorney so that the issues specific to that claim may be considered. Our firm has litigated cases on behalf of injured bicyclists and understand the issues which arise.
The Illinois Vehicle Code defines the appropriate conduct of a cyclist in a number of areas:
- Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a highway is granted all of the rights and subject to all the duties applicable to the driver of a vehicle;
- A person propelling a bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing the pedestrian;
- A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk where such use of bicycles is prohibited by official traffic control devices;
- A person propelling a bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk has all the rights and duties applicable to a pedestrian under the circumstances;
- A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat;
No bicycle shall be used to carry more persons at one time than a number for which it is designed and equipped except that an adult may carry a securely attached child; - Any person operating a bicycle upon a roadway at less than the normal speed of traffic shall ride as close as practical to the right hand curb or edge of the roadway unless they are overtaking and passing another bicycle, preparing for a left turn at an intersection or into a private road or driveway or when reasonably necessary to avoid colliding with a fixed or moving object;
- Persons riding bicycles upon a roadway shall not ride more than two abreast;
Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet. In addition to the Illinois Vehicle Code, the conduct of a bicyclist is governed by the applicable municipal code. The Municipal Code varies depending upon the community. The Chicago Municipal Code as well as most other local Municipal Codes provide the following:
- No person shall ride a bicycle upon a sidewalk within a business district. This provision includes children.
- No persons 12 or more years of age shall ride a bicycle upon any sidewalk in any district, unless the sidewalk has been designated and marked as a bicycle route.
- Whenever a usable path for bicycles has been provided adjacent to a roadway bicycle riders must use the path and not the roadway.
- No person shall operate a bicycle at a speed greater than reasonable and prudent under the conditions.
Speeding reduces a bicyclists ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop and increases the distance the bicycle travels while the cyclists reacts to a dangerous situation. Whether a bicyclist is speeding depends upon a review of the location of the accident, the condition of the roadway and the condition of traffic. Review of the circumstances surrounding the accident must promptly be undertaken.
Conclusion
The circumstances surrounding the bicycle/car accident must be considered to determine the liability of the drivers and likelihood of success in recovering compensation for the injured person. Dwyer & McDevitt, Ltd. Chicago personal injury attorneys have experience litigating cases on behalf of bicyclists who have suffered injury in such an accident. If you have suffered injury as the result of a bicycle accident and require legal assistance, our firm is available to help. Please contact our office for a free case evaluation.
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