Chicago Accident Lawyer Blog
Chicago’s streets are becoming increasingly crowded with cars, bicycles, delivery vehicles, buses, scooters, and pedestrians all competing for space. Unfortunately, bicycle accidents involving motor vehicles continue to happen throughout the city, often causing devastating injuries to cyclists.
The experienced bike injury lawyers of Zneimer & Zneimer are often asked:
“What if the accident was partially my fault? Can I still recover compensation?”
In many cases, the answer is yes.
Under Illinois law, an injured bicyclist may still have a valid personal injury claim even if they were partly responsible for the accident.
Illinois Uses a Modified Comparative Negligence Rule
Illinois follows what is known as a “modified comparative negligence” system. Under this rule, an injured person can still recover damages as long as they were not more than 50% responsible for causing the crash.
This law is found in 735 ILCS 5/2-1116.
If the bicyclist is 50% or less at fault, compensation may still be recovered, although the amount of compensation is reduced by the bicyclist’s percentage of fault.
For example:
- If a bicyclist suffers $100,000 in damages but is found 20% at fault, the bicyclist may still recover $80,000.
- However, if the bicyclist is found 51% at fault, recovery is barred entirely.
This means that partial fault does not automatically destroy a case.
Common Situations Where Fault May Be Shared
Many Chicago bicycle accidents involve disputes about who caused the collision. Insurance companies often try to blame cyclists, even when the driver was primarily responsible.
Examples of situations where fault may be shared include:
- A bicyclist rides outside of a designated bike lane
- A cyclist fails to come to a complete stop at a stop sign
- A bicyclist is riding at night without proper lights or reflectors
- A cyclist suddenly changes direction in traffic
- A driver turns across a bike lane without yielding
- A driver opens a car door into the path of a bicyclist (“dooring”)
- A motorist is distracted, speeding, or fails to check mirrors before turning
Even if the bicyclist made a mistake, the driver may still bear substantial responsibility for failing to operate the vehicle safely.
Chicago Streets Present Unique Dangers for Cyclists
Chicago bicyclists face numerous hazards that can contribute to serious crashes, including:
- Heavy downtown traffic
- Congested intersections
- Poorly designed or obstructed bike lanes
- Aggressive driving
- Limited visibility at night or during bad weather
- Parked cars creating “dooring” risks
- Delivery vehicles blocking bicycle lanes
Drivers in Chicago have a duty to watch for bicyclists and share the road safely. Cyclists also generally have the same rights and responsibilities as motorists under the Illinois Vehicle Code.
Insurance Companies Often Try to Shift Blame to Cyclists
After a bicycle crash, insurance companies frequently attempt to argue that the bicyclist caused the accident. They may claim the cyclist:
- Was weaving through traffic
- Was not visible
- Failed to obey traffic signals
- Was riding unpredictably
- Was outside the bike lane
These arguments are often designed to reduce the amount the insurance company must pay.
That is why it is important to investigate the crash carefully, including:
- Police reports
- Witness statements
- Traffic camera footage
- Surveillance video
- Vehicle damage
- Bicycle damage
- Skid marks and roadway evidence
In many cases, evidence shows the driver had the last clear opportunity to avoid the collision.
What Should You Do After a Chicago Bicycle Accident?
If you are involved in a bicycle accident with a motor vehicle in Chicago, important steps may include:
- Calling the police
- Seeking immediate medical attention
- Photographing the accident scene
- Preserving your damaged bicycle and helmet
- Obtaining witness information
- Avoiding recorded statements to insurance adjusters
- Contacting an experienced Chicago bicycle accident attorney
The sooner evidence is preserved, the stronger a case may become.
The bike injury lawyers of Zneimer & Zneimer P.C., understand how serious injuries and financial hardships can follow a Chicago bicycle accident. Even if you believe you may have been partially at fault, you may still have a valid claim under Illinois law.
Insurance companies often attempt to unfairly blame injured bicyclists. An experienced Chicago personal injury attorney can help investigate the crash, protect your rights, and pursue compensation for your injuries.
If you or a loved one has been injured in a bicycle accident involving a car on a Chicago street, contact Zneimer & Zneimer P.C. for a free consultation.