The Legal Rights of Cyclists After a Crash
If you were recently involved in a bike accident in Chicago, Illinois, it’s essential to understand your legal rights and the steps you should take to protect yourself. Whether you’re dealing with an injury or a situation involving property damage, the laws surrounding traffic incidents in Illinois provide protections and avenues for seeking justice.
At Alberts Curran & Eiler P.C., we understand that cyclists often face challenges on the road that can lead to accidents. In this article, we’ll outline the legal rights of cyclists after a crash, the steps to take following an accident, and how traffic law can influence the outcome of your case.
Illinois Traffic Law and Cyclists
Under Illinois law, cyclists have the same rights and responsibilities as motorists. This means that they’re entitled to the same protections under traffic law, and they’re also subject to the same rules of the road.
The Illinois Vehicle Code provides regulations that specifically address cyclists, including provisions that promote safety and establish rules for how cyclists should interact with other vehicles on the road.
Cyclists must obey traffic signals, yield the right of way when required, and use the appropriate hand signals when turning or stopping. However, when a cyclist is involved in a crash, there are unique considerations that apply.
Understanding your rights under traffic law can be crucial when seeking compensation or resolving a dispute after an accident.
What to Do After a Cyclist Crash
After a crash, it’s essential to take the proper steps to protect yourself and your legal rights. The following actions should be taken immediately after the incident:
Seek medical attention: Regardless of how minor your injuries may seem, seeking medical attention is a priority. Some injuries may not be immediately visible, and seeking prompt medical care will provide documentation of your injuries, which can be crucial for any legal claim.
Call the police: It’s important to contact law enforcement after a crash. A police report is an official record of the accident and can be used as evidence in your case. The police will document the scene of the accident, take statements from involved parties, and collect other relevant information.
Gather information: If possible, gather the contact information of any witnesses, as well as the driver involved in the crash. Additionally, take photos of the scene, your bike, and any visible injuries. This documentation can be critical when building a case under Illinois traffic law.
Notify your insurance company: Even if you were not at fault, it’s essential to notify your insurance company of the accident. Your insurance may help cover medical costs or property damage depending on your policy.
Contact a lawyer: It’s highly advisable to contact a lawyer who is knowledgeable about traffic law or personal injury. At Alberts Curran & Eiler P.C., we can assist you in understanding your legal options and making sure that your rights are protected after a crash. A lawyer will help you identify whether you have a claim for damages and can assist with the legal process from start to finish.
Illinois Traffic Laws Protect Cyclists
Illinois law offers several protections to cyclists. The following legal rights and provisions are important for understanding how cyclists are protected under traffic law in Illinois:
Cyclist's right to use the road: Illinois law gives cyclists the right to use the roadway, with certain restrictions. Cyclists are entitled to travel on the road and should be treated like any other vehicle. In general, motorists must yield to cyclists when it’s safe to do so and should not encroach on the cyclist’s lane.
Bike lanes and shared roadways: Where available, cyclists should use bike lanes or designated paths. However, when bike lanes are not present, cyclists have the right to use the roadway. Motorists are required to pass cyclists safely, maintaining a distance of at least three feet when overtaking. Failure to do so can lead to liability if a crash occurs.
Obligation to follow traffic signals: Just as drivers must adhere to traffic signals and signs, cyclists must follow the same rules. This includes stopping at red lights, yielding when necessary, and obeying traffic signals. Failing to do so could be seen as a factor in determining liability in a crash.
Cyclists and insurance: Under Illinois law, cyclists are not required to carry insurance, but those who choose to do so may receive compensation from their own insurance policy, depending on the coverage. Many cyclists, especially those who commute regularly or participate in organized events, may carry insurance that covers both property damage and medical expenses in the event of an accident.
Cyclist's legal recourse: In the event of a crash, a cyclist has the right to seek compensation for injuries and damages resulting from the incident. This includes compensation for medical expenses, pain and suffering, lost wages, and other related costs. Cyclists can pursue claims against negligent drivers, municipalities (if road conditions were a factor), or other liable parties.
Traffic law regarding sidewalk riding: In some cases, cyclists may ride on sidewalks, though this is restricted in certain areas of Illinois. In urban settings, cyclists are generally required to use bike lanes or the roadway, and riding on sidewalks can present challenges and legal issues when accidents occur.
Determining Fault in a Cyclist Crash
One of the key factors in pursuing a legal case after a crash is determining fault. Illinois follows a comparative negligence rule, meaning that if a crash occurs, the fault may be shared between the cyclist and the motorist. This can influence the compensation a cyclist is entitled to receive.
For example, if a motorist was speeding, distracted, or violated traffic law, they may bear full or partial responsibility for the crash. However, if the cyclist was riding erratically, failing to obey traffic signals, or riding on the sidewalk when prohibited, the court may assign some degree of fault to the cyclist as well.
Understanding how Illinois traffic law determines fault is important, and our firm at Alberts Curran & Eiler P.C. can help you determine your role in the accident and confirm that your case is properly handled.
Common Causes of Bicycle Accidents
Cyclists often face hazardous conditions that can lead to accidents. Some of the most common causes of bicycle accidents include:
Distracted driving: Motorists who are texting, talking on the phone, or engaging in other distractions may fail to see cyclists in the roadway, leading to accidents.
Failure to Yield: Motorists who do not yield the right of way to cyclists at intersections or when merging can cause serious accidents.
Unsafe lane changes: When a motorist changes lanes without checking for cyclists, it can lead to collisions, especially if there is not enough space between the vehicle and the cyclist.
Dooring accidents: In situations where a motorist opens their car door without checking for cyclists, a cyclist may crash into the door, resulting in injury.
Poor road conditions: Road defects, such as potholes, cracks, or debris, can contribute to bicycle accidents. In some cases, municipalities may be held responsible for failing to maintain safe roadways under Illinois traffic law.
Seeking Compensation After a Crash
If you’re a cyclist injured in an accident, you may be entitled to compensation for your injuries. Illinois law allows cyclists to pursue damages for medical bills, pain and suffering, lost wages, and other costs associated with the crash.
The amount of compensation you’re eligible to receive will depend on the specific details of the accident, including who is at fault and the extent of your injuries.
In some cases, if the accident is the result of a government entity’s failure to maintain safe roadways or signage, the claims process can be more involved. An attorney can help you identify all possible parties responsible for your injuries and help you seek compensation.
How an Attorney Can Help
At Alberts Curran & Eiler P.C., we understand how devastating a cycling accident can be.
Our experienced legal professionals are familiar with Illinois traffic law and can help guide you through the process of pursuing a claim for compensation. We’ll work diligently to investigate the circumstances surrounding your accident, gather evidence, and advocate on your behalf.
Whether you’re dealing with a minor injury or a serious accident, our law firm is committed to helping you achieve a favorable outcome. We can assist with negotiating settlements, representing you in court, and making sure that your legal rights are protected every step of the way.
Reach Out for the First Steps
If you’ve been involved in a crash, contact us at Alberts Curran & Eiler P.C. to discuss your case and learn how we can assist you in achieving the justice you deserve. We’re proud to serve Chicago, Illinois, and the surrounding areas. Call today.