Champaign Bicycle Accident Lawyer
Bicycling is common throughout Champaign-Urbana, including around the University of Illinois campus, residential neighborhoods, city streets, and rural roads throughout Champaign County. Unfortunately, cyclists have little physical protection when struck by a car, truck, or other vehicle, and even a relatively low-speed collision can cause serious injuries.
If you were injured while riding a bicycle in Champaign, Illinois, Patel Law, PC can help you understand your rights and pursue compensation from the responsible parties. Our Champaign bicycle accident lawyers represent injured cyclists throughout Champaign, Urbana, Champaign County, and Central Illinois.
Contact Patel Law, PC for a free consultation about your bicycle accident case.
What Should I Do After a Bicycle Accident in Champaign?
The steps you take after a bicycle crash can affect your health and your ability to pursue an injury claim. When possible:
- Call 911 and report the collision;
- Seek medical attention for your injuries;
- Photograph the vehicle, bicycle, roadway, traffic signals, signs, debris, and your injuries;
- Obtain the driver’s insurance and contact information;
- Get contact information from witnesses;
- Preserve your bicycle, helmet, clothing, and other damaged equipment;
- Keep medical bills, records, repair estimates, and insurance communications; and
- Speak with an Illinois bicycle accident lawyer before accepting a settlement or signing a release.
If the collision occurred near a business, intersection, apartment building, campus property, or another location with cameras, video evidence may also be important and should be investigated promptly.
What Is Illinois’ Three-Foot Bicycle Passing Law?
Illinois law provides specific protection for bicyclists when motorists overtake them on the road.
Illinois law – 625 ILCS 5/11-703 generally requires drivers to give bicyclists at least three feet of space when passing and to maintain that distance until they have safely passed. A violation of this rule may be important evidence when determining negligence after a bicycle crash.
When another lane traveling in the same direction is available, Illinois law also generally requires the motorist to change into that lane before passing when doing so is practicable, safe, and lawful.
A violation of these passing requirements can become important evidence when determining negligence after a bicycle collision.
What Causes Bicycle Accidents in Champaign?
Many bicycle crashes happen because motorists fail to see cyclists, fail to yield, or pass too closely.
Common causes include:
- Drivers passing a bicycle too closely;
- Distracted driving;
- Failure to yield at intersections;
- Running stop signs or red lights;
- Unsafe left turns;
- Unsafe right turns across a cyclist’s path;
- Opening a vehicle door into the path of a cyclist;
- Following a bicycle too closely;
- Speeding;
- Driving under the influence of alcohol or drugs;
- Unsafe lane changes;
- Failure to check blind spots; and
- Dangerous roadway or construction conditions.
What Is a Dooring Bicycle Accident?
A dooring accident occurs when someone opens a vehicle door into the path of an approaching bicyclist. The cyclist may strike the open door directly or be forced into traffic while attempting to avoid it.
Dooring crashes can cause serious head, shoulder, arm, facial, and orthopedic injuries. Photographs, witness statements, nearby surveillance video, vehicle positioning, and other evidence may help establish what happened.
Who Has the Right of Way at an Intersection?
Right-of-way depends on the type of intersection, traffic-control devices, direction of travel, and movements of the vehicles and bicycle.
A bicycle does not automatically lose the right of way simply because it is smaller or traveling more slowly than a motor vehicle. Motorists and bicyclists must follow applicable Illinois traffic laws.
When fault is disputed, evidence such as traffic signals, stop signs, road markings, witness statements, photographs, and video may be important.
What If a Driver Turns in Front of My Bicycle?
Left-turn and right-turn collisions are common bicycle accident scenarios.
A driver may turn left across the path of an approaching cyclist or make a right turn across a bicycle traveling beside the vehicle. Determining fault can involve analyzing right-of-way rules, visibility, speed, lane position, turn signals, witness statements, and available video.
Common Bicycle Accident Injuries
Cyclists can suffer significant injuries because there is little protection between the rider and the vehicle, roadway, or surrounding objects.
Common injuries include:
- Head injuries and concussions;
- Traumatic brain injuries;
- Facial injuries;
- Neck and back injuries;
- Spinal cord injuries;
- Broken and fractured bones;
- Shoulder and knee injuries;
- Road rash and lacerations;
- Nerve damage;
- Soft-tissue injuries;
- Internal bleeding and organ injuries;
- Amputations;
- Scarring and disfigurement;
- Paralysis; and
- Fatal injuries.
What Compensation Can I Recover After a Bicycle Accident?
The compensation available depends on the injuries, medical treatment, liability, insurance coverage, lost income, and other facts of the case.
Depending on the circumstances, damages may include:
- Past and future medical expenses;
- Lost wages;
- Loss of future earning capacity;
- Damage to the bicycle and other property;
- Pain and suffering;
- Emotional distress;
- Disability;
- Disfigurement and scarring; and
- Loss of a normal life.
There is no standard settlement amount for a bicycle accident. The value of a claim depends on the particular evidence and circumstances.
What If I Was Partially at Fault for the Bicycle Accident?
Being partially responsible for a bicycle accident does not automatically prevent you from recovering compensation in Illinois.
Illinois follows a modified comparative-fault rule. If your contributory fault is not more than 50% of the proximate cause of your injuries, you may still recover damages, although your recovery may be reduced according to your percentage of fault.
If your contributory fault is more than 50%, you are barred from recovering damages.
For example, if your damages were $100,000 and you were determined to be 10% at fault, your recoverable damages would generally be reduced to $90,000.
What If the Driver Says They Didn’t See Me?
A driver’s statement that he or she did not see a cyclist does not automatically eliminate responsibility for a crash.
Drivers must exercise reasonable care, pay attention to surrounding traffic, follow right-of-way rules, and comply with applicable passing requirements. The circumstances of the collision and available evidence must be evaluated to determine fault.
What If the Driver Who Hit Me Has No Insurance?
If an uninsured or underinsured driver causes a bicycle accident, other insurance coverage may sometimes be available depending on the circumstances and applicable policies.
Uninsured motorist or underinsured motorist coverage may become relevant in certain cases. An attorney can review available policies and determine whether additional sources of insurance may apply.
How Can a Champaign Bicycle Accident Lawyer Help?
Patel Law, PC can investigate the collision, preserve evidence, communicate with insurance companies, document your injuries and financial losses, and determine what insurance coverage may be available.
Depending on the case, our legal team can:
- Obtain police reports and other records;
- Preserve photographs and video;
- Identify and interview witnesses;
- Evaluate whether traffic or bicycle-safety laws were violated;
- Review insurance policies;
- Collect medical records and bills;
- Document lost wages and future losses;
- Negotiate with insurance companies; and
- File a lawsuit when appropriate.
How Long Do I Have to File a Bicycle Accident Lawsuit in Illinois?
Illinois generally provides a two-year limitations period for actions seeking damages for personal injuries.
Different deadlines or exceptions may apply depending on the circumstances and the parties involved, so you should not rely solely on the general two-year period.
Evidence can also disappear much sooner. Surveillance video may be overwritten, witnesses can become difficult to locate, and roadway conditions can change. Prompt investigation can therefore be important.
What If a Bicycle Accident Causes a Death?
When a bicycle collision results in death, the case may involve claims under the Illinois Wrongful Death Act and Survival Act.
These cases can involve compensation for eligible surviving family members, estate-related claims, and additional procedural requirements.
Champaign Bicycle Accident FAQs
How much space must a driver give a bicyclist in Illinois?
Illinois law requires a driver overtaking a bicycle traveling in the same direction to leave a safe distance of at least three feet and maintain that distance until safely past.
Can a car cross the center line to pass a bicycle?
Illinois law permits a driver to pass a bicycle in certain no-passing-zone situations if specific statutory conditions are met, including adequate visibility and the ability to pass safely without exceeding the posted speed limit.
Do bicyclists have the same rights as drivers in Illinois?
Illinois law generally gives bicyclists rights and duties applicable to drivers of vehicles, subject to bicycle-specific rules and exceptions. The particular right-of-way or traffic rule depends on the circumstances.
Can I recover if I was not wearing a bicycle helmet?
Helmet use does not automatically determine who caused a bicycle collision. Liability generally depends on the conduct that caused the crash. The relevance of helmet use to a particular injury claim depends on the facts and applicable law.
What if the driver left the scene after hitting me?
A hit-and-run bicycle accident should be reported to law enforcement as soon as possible. Witnesses, surveillance video, vehicle debris, and insurance coverage may become important when attempting to identify the driver or determine whether uninsured motorist coverage applies.
How much is my Champaign bicycle accident case worth?
There is no fixed value. Factors may include the severity of the injuries, medical expenses, future treatment, lost income, permanent disability or scarring, liability, insurance coverage, and the impact of the injuries on daily life.
How much does it cost to speak with Patel Law about a bicycle accident?
Patel Law, PC offers free initial consultations for personal injury matters. You can discuss the crash and learn about your legal options before deciding how to proceed.
Why Choose Patel Law, PC for a Champaign Bicycle Accident Case?
Patel Law, PC represents injured cyclists throughout Champaign, Urbana, Champaign County, and Central Illinois.
Bicycle accident claims can involve serious injuries, disputed right-of-way, three-foot passing violations, hit-and-run drivers, uninsured or underinsured motorist coverage, and evidence that can disappear quickly. Our legal team can investigate the collision, preserve evidence, evaluate insurance coverage, document damages, and pursue compensation available under Illinois law.
Talk to a Champaign Bicycle Accident Lawyer
If you or a loved one was injured in a bicycle accident in Champaign, Urbana, Champaign County, or elsewhere in Central Illinois, contact Patel Law, PC to discuss your case.
Call Patel Law, PC or contact us online to schedule a free consultation with a Champaign bicycle accident lawyer.
