When a catastrophic bicycle accident occurs, victims need experienced legal representation to protect their rights and secure fair compensation. A Chicago bicycle accident attorney can make the difference between a denied claim and the resources necessary for recovery. This reality became tragically clear when a 53-year-old Loveland, Colorado, cyclist suffered life-threatening injuries at the intersection of College Avenue and Conifer Street.
The cyclist had safely navigated the southbound lanes when a northbound driver struck her with devastating force. The impact launched her onto the vehicle’s windshield, shattering the glass and crushing the roof inward. While the driver emerged unscathed, the cyclist lay unresponsive on the pavement. Emergency responders rushed her to the hospital as investigators closed the northbound lanes for four hours to document the scene.
The Life-Altering Impact of Bicycle Accidents
In seconds, both lives changed irrevocably. The cyclist faces an uncertain future – if she survives, months or years of grueling rehabilitation await. If found negligent, the driver is financially responsible for medical bills, lost wages, and pain and suffering, which could reach hundreds of thousands of dollars. Without adequate liability coverage, both parties face financial ruin.
While investigators work to determine fault, this crash is one of countless collisions between cyclists and motorists each year. These complex cases demand skilled legal guidance to navigate insurance disputes, establish liability, and secure appropriate compensation. Whether in Chicago or Colorado, bicycle accident victims deserve advocates who understand both the legal intricacies and the human cost of these preventable tragedies.
Bicycle Injury Statistics
According to the National Highway Safety Transportation Administration (NHSTA), in 2019, approximately 45,000 people were seriously injured nationwide, and 857 people were killed in crashes between bicycles and motor vehicles. Illinois was the site of 23 of those deaths, making it the state with the fourteenth-highest bicycle crash fatality rate in the nation.
According to the IDOT’s (Illinois DOT) most recent report, which covers the year 2019, the majority of bicyclist fatalities in Illinois occurred as a result of crashes with motor vehicles.
More specifically, the report shows that 20 out of the 23 bicyclist fatalities in Illinois in 2019 occurred in crashes with motor vehicles. Of these 20 fatalities, 15 involved collisions with cars, 3 with trucks, and 2 with buses.
The remaining 3 bicyclist fatalities in Illinois in 2019 occurred in crashes that did not involve motor vehicles. The causes of these crashes were not specified in the IDOT report.
Most Common Causes of Vehicle-Bicycle Accidents
Even when bicyclists obey the law and ride to the side of the road, they are still at risk of being injured when motorists:
- Exit their car and open their door into the cyclist or the cyclist’s path. This is almost always the driver’s fault since the door is only to be opened when it is safe to do so. That means looking out for bicyclists.
- Make a right-hand turn in front of the bike lane.
- Suddenly, they changed lanes into the path of a bicyclist.
- Distracted driving is a major cause of all vehicular accidents.
Bicycle – Crash Statistics
Illinois is an attractive place for bicyclists. It offers every type of ride, from novice to experienced riders. But be careful. Illinois is the fifth most dangerous state for bicyclists.
In addition to fatalities, another 45,000 are injured every year. Because of the vulnerability of bicyclists, injuries are often very serious, and to make sure you get the most out of your injuries, it’s best to work with an experienced bicycle attorney.
The Pedestrian and Bicycle Information Center has compiled statistics relevant to bicycle accidents.
- 88 percent of all bicyclist fatalities are male riders.
- 71 percent of fatal bicycle accidents occur in urban areas.
- 20 percent of fatal bicycle accidents occur between 6 p.m. and 9 p.m.
- Nearly 20 percent of killed bicyclists had a blood alcohol content (BAC) over the legal limit.
- Nearly one-third of all injuries to bicyclists are due to them being hit by cars.
- In 25 percent of all fatalities, the front of a vehicle hits the rear of the bicycle.
Common Types of Bicycle Injuries
Cyclists are vulnerable to serious injury when in a collision with a vehicle, no matter how much protective gear they wear. They can be struck and thrown, and tend to suffer far more serious injuries than vehicle passengers in accidents between two vehicles. For example, more than 50 percent of all fatal injuries are to the head. When not fatal, the head injuries are life-threatening and life-altering.
Statistically, helmets provide protection, but are not required to be worn under Illinois law. Broken bones of all types are common. Some injuries are so severe that the injured person’s life is changed and will never again be the same.
Crashes between motorists and bicyclists could be prevented if drivers would more carefully watch for bicyclists. The three top reasons for vehicle–car crashes include:
Doorings: When a vehicle occupant fails to check for a bicyclist before opening the car door to exit the vehicle, the bicyclist rams into the door.
Left-crosses: A bicyclist is hit by a vehicle making a left-hand turn.
Right-hook crash: A driver turns right without checking the side mirror to look for cyclists, causing the two to crash into each other.
Proving Fault and Collecting Damages for Bicycling Injuries
Bicycle riders and vehicle drivers are expected to follow the rules of the road. When there is a crash between a bicycle rider and a motorist, the same negligence rules apply to any personal injury case. To prove the driver was at fault, the bicyclist must prove all the elements of negligence, as if the accident had been between two vehicles. When the proof shows the driver was negligent and that the driver’s negligence was the cause of the bicyclist’s injuries, the damages to which the bicyclist is entitled include, but are not limited to:
- All current and expected future medical expenses.
- All current and future lost wages.
- Pain and suffering.
- Costs of vocational and physician rehabilitation.
- Long-term nursing care when necessary.
Chicago Bicycle Accident Lawyer
Scott Blumenshine is an attorney with extensive knowledge and experience of over 35 years in personal injury law. One of his many areas of expertise revolves around cases related to bicycle accidents. Over the years, he has established himself as a skilled and proficient representative committed to providing his clients with the best possible legal representation in the event of an injury while cycling.
What sets Blumenshine apart from his peers is his personal passion for cycling. Being an avid cyclist, he possesses an in-depth understanding of the various risks and challenges cyclists face while on the road. This unique perspective enables him to comprehend the intricate details of such cases with utmost ease, and he leaves no stone unturned in ensuring that his clients receive the compensation they rightfully deserve.
With his extensive knowledge and experience, Scott Blumenshine has earned a reputation as a reliable and trustworthy advocate for individuals who have suffered injuries in bicycle accidents. He is adept at negotiating with insurance companies and representing clients in court, and his unwavering commitment to securing his clients’ rights makes him an invaluable asset for anyone seeking legal representation for bicycle accident cases.
We understand the unique challenges and complexities that can arise in bicycle accident cases, and we are committed to providing you with the highest level of legal representation.
Contact the Blumenshine Law Group today to schedule a consultation and learn more about how we can assist you with your case. Call or text (312)766-1000 or email [email protected].
FAQs – Bicycle Accidents
What should I do after a bicycle accident in Chicago?Â
After a bicycle accident in Chicago, prioritize your safety and call 911 immediately. Get a police report, document the scene with photos, collect the driver’s insurance and contact information, and gather witness names and numbers. Seek medical attention even if you feel fine; some injuries appear hours or days later. Do not give a recorded statement to the at-fault driver’s insurance company before consulting an attorney. Contact Blumenshine Law Group at (312) 766-1000 for a free consultation.
Who is liable in a bicycle accident with a car in Illinois?Â
In Illinois, liability in a bicycle-car accident is determined by negligence. A driver may be at fault for doorings (opening a car door without checking for cyclists), right-hook crashes (turning right without yielding to a cyclist), left-cross collisions, or distracted driving. Illinois follows a modified comparative fault rule; you can still recover damages as long as you are less than 51% at fault, though your compensation is reduced by your percentage of fault. An experienced Chicago bicycle accident attorney can help establish the driver’s negligence and protect your claim.
What damages can I recover after a Chicago bicycle accident?Â
Injured cyclists in Illinois may be entitled to recover: all current and future medical expenses (emergency care, surgery, rehabilitation), lost wages and future lost earning capacity, pain and suffering, costs of vocational rehabilitation, and long-term nursing care if required. Because cyclists have no vehicle frame protecting them, injuries are often severe, including head trauma, broken bones, and spinal injuries, which means compensation amounts can be significant. An attorney can evaluate the full value of your claim.
Do I need to wear a helmet to have a valid bicycle accident claim in Illinois?Â
No. Illinois law does not require adult cyclists to wear helmets, so not wearing one does not automatically bar you from recovering compensation. However, the defense may argue that your failure to wear a helmet contributed to the severity of your head injuries under comparative fault principles. An experienced bicycle accident attorney can counter these arguments and help you recover the maximum compensation available.
How long do I have to file a bicycle accident lawsuit in Illinois?Â
In Illinois, the statute of limitations for personal injury claims, including bicycle accidents, is generally two years from the date of the accident. If you miss this deadline, you will likely lose your right to sue. There are limited exceptions, such as claims involving government entities, which may have shorter notice deadlines. It is important to contact a Chicago bicycle accident attorney as soon as possible to preserve evidence and protect your rights
How much does it cost to hire a Chicago bicycle accident attorney?Â
Blumenshine Law Group handles bicycle accident cases on a contingency-fee basis; you pay no attorney’s fees unless we win your case. Your initial consultation is completely free. This means you can get experienced legal representation with no upfront cost, regardless of your financial situation. Call or text (312) 766-1000 or email [email protected] to get started.