Chicago is a city where bicycles share the road with cars, buses, delivery trucks, pedestrians, and other cyclists. While riding can be an efficient way to get around, bicycle crashes can cause serious injuries because cyclists have little protection when a collision occurs. Illinois law recognizes that bicyclists have important rights on the road. Under Illinois bicycle laws 625 ILCS 5/11-1502, people riding bicycles on Illinois highways are generally granted the same rights and subject to the same duties that apply to drivers of vehicles, except where specific bicycle regulations or the nature of a particular rule makes an exception necessary.
Understanding these Illinois bicycle laws can be important after a crash. That’s why the Chicago bicycle accident lawyers at Lerner and Rowe have prepared this helpful guide.
What Do Illinois Bicycle Laws 625 ILCS 5/11-1502 Say?
Illinois treats bicycles as part of the roadway traffic system rather than giving motorists an automatic right of way over cyclists.
Section 11-1502 of the Illinois Vehicle Code states that a person riding a bicycle is entitled to the rights applicable to a vehicle driver and is subject to applicable driver duties.
This means a bicyclist generally has the right to use the roadway and benefit from traffic laws governing vehicles. At the same time, cyclists must comply with traffic rules that apply to them.
For example, Illinois law addresses where bicycles may travel on roadways. Under 625 ILCS 5/11-1505, a cyclist traveling slower than normal traffic generally must ride as close as practicable and safe to the right side of the roadway. However, the law provides exceptions, including when passing, preparing for a left turn, avoiding hazards, approaching an authorized right turn, or when the lane is too narrow for a bicycle and vehicle to safely travel side by side.
These exceptions can matter when an insurance company attempts to argue that a cyclist was riding in the wrong position before a crash.
Common Bicycle Crashes in Chicago
Chicago’s busy streets and dense traffic create several recurring bicycle crash scenarios. Here are some of the most common that our bike crash lawyer in Chicago, IL team sees regularly.
Turning Vehicle Crashes
A driver turning right or left may fail to see a cyclist traveling through an intersection, bike lane, or adjacent portion of the roadway. A motorist may also misjudge the cyclist’s speed or turn across the cyclist’s path, causing a car accident.
Because bicyclists have rights under the Illinois Vehicle Code, a driver cannot simply assume that a bicycle is required to yield whenever a vehicle is nearby. Determining who had the right of way requires examining traffic signals, roadway markings, vehicle movements, witness statements, and other evidence.
Distracted Driving
Drivers looking at phones, navigation systems, passengers, or other distractions may fail to notice a cyclist until it is too late. Even a momentary lapse in attention can cause a serious crash.
Evidence of distracted driving can include witness accounts, available video footage, vehicle data, cellphone-related evidence obtained through appropriate legal procedures, and statements made after the collision.
Bike Lane Crashes
Bike lanes are designed to provide cyclists with designated space, but motorists may still cross or enter them when turning, parking, pulling into driveways, or navigating traffic.
A driver who crosses a bike lane without properly observing surrounding traffic can collide with a cyclist who is traveling through the lane. The circumstances of the crash, including roadway markings and traffic controls, can help establish what happened.
Bicycle Dooring Accidents
Dooring crashes are particularly associated with urban bicycle traffic. A driver or passenger may open a vehicle door directly into the path of an approaching cyclist.
Illinois law specifically addresses this conduct. Under 625 ILCS 5/11-1407, a person may not open a vehicle door on the side available to moving traffic until it is reasonably safe and can be done without interfering with other traffic. The law also prohibits leaving such a door open longer than necessary for loading or unloading passengers.
A person injured in a bicycle dooring accident in Chicago may therefore have a claim based on the conduct of the person who opened the door.
What Happens If You Are Partly at Fault?
Being partially responsible for a bicycle crash does not necessarily prevent you from recovering compensation in Illinois.
Illinois follows a modified comparative-fault system. Under 735 ILCS 5/2-1116, a plaintiff generally cannot recover damages if their contributory fault is more than 50% of the proximate cause of the injury. If the cyclist’s fault is 50% or less, damages are reduced in proportion to the cyclist’s share of fault.
For example, suppose a cyclist suffers $100,000 in damages but is found 20% responsible for the collision. The recoverable damages could be reduced to $80,000.
An insurer may raise issues such as lane position, speed, signaling, or whether the cyclist was wearing a helmet. Whether any such circumstance affects liability or damages depends on the applicable law and the facts of the particular case. The circumstances should be examined carefully before accepting an insurer’s assessment of fault.
Evidence Can Make a Difference in a Bicycle Accident Claim
Evidence can disappear quickly after a Chicago bicycle crash. Traffic patterns change, witnesses leave, and surveillance systems may automatically overwrite older recordings.
If you are physically able to do so, photograph the crash scene, bicycle, vehicle damage, roadway markings, traffic signals, signs, and visible injuries. Keep damaged bicycle equipment and other physical evidence rather than repairing or discarding it before it can be documented.
Bike-mounted cameras, helmet cameras, smart devices, and other recording equipment may provide particularly useful evidence. Nearby businesses may also have surveillance footage showing the collision or events immediately before it.
Medical documentation is equally important. Seek appropriate medical attention after a crash and follow your healthcare provider’s recommendations. Keep records of emergency treatment, diagnostic testing, prescriptions, follow-up appointments, physical therapy, and other accident-related care.
Medical records can help document the nature and extent of your injuries and establish the treatment associated with the crash.
Illinois Bicycle Laws 625 ILCS 5/11-1502 FAQs
1. Does Illinois law treat bicycles like vehicles?
Generally, yes. Under 625 ILCS 5/11-1502, bicyclists on Illinois highways are granted the rights applicable to drivers of vehicles and are subject to applicable driver duties, with exceptions for bicycle-specific regulations and provisions that cannot apply to bicycles.
2. Can a cyclist be partially responsible for a Chicago bicycle accident?
Yes. Illinois uses modified comparative fault. A cyclist who is 50% or less at fault may still recover damages, although the award can be reduced according to the cyclist’s percentage of fault. A plaintiff found more than 50% at fault generally cannot recover damages.
3. Is opening a car door into a cyclist illegal in Illinois?
Illinois law prohibits opening a vehicle door on the side available to moving traffic unless it is reasonably safe and will not interfere with other traffic. This rule is found in 625 ILCS 5/11-1407.
4. What should I do after a bicycle hit-and-run?
Report the crash, seek medical attention, document your injuries and bicycle damage, and preserve information that could help identify the driver. Camera footage, witnesses, nearby business surveillance, and bicycle-mounted cameras may be valuable. Uninsured motorist coverage may also apply depending on the circumstances and available insurance policies.
5. Should I contact a Chicago bicycle accident attorney after a crash?
If you suffered significant injuries, have disputed liability, or are dealing with a hit-and-run or insurance dispute, consulting an Illinois bicycle accident lawyer may help you understand your legal options. An attorney can investigate the crash and evaluate potential sources of compensation.
Get Help with Illinois Bicycle Laws 625 ILCS 5/11-1502
A serious bicycle crash can leave you dealing with medical bills, lost income, damaged equipment, and lasting physical or emotional effects. You should not have to navigate an insurance claim alone while recovering from your injuries.
If you or someone you love was injured in a bicycle crash, the Chicago personal injury lawyers at Lerner and Rowe can help you understand your options.
Contact the Chicago office to discuss your case and learn more about pursuing compensation for your injuries. You can get started by giving us a call, filling out a contact form, or using our LiveChat service.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.