Illinois Bicycle Accident Law: The 3-Foot Passing Rule and Your Right to Compensation
Illinois law requires drivers to give bicyclists adequate space when passing. When a driver passes too closely and causes a bicycle accident, the driver’s violation of Illinois traffic law can become important evidence in a personal injury claim.
For cyclists injured in Champaign, Urbana, or elsewhere in Central Illinois, understanding the Illinois three-foot bicycle passing law, comparative negligence rules, and available compensation can help protect their rights after a crash.
What Is the Illinois 3-Foot Bicycle Passing Law?
Under 625 ILCS 5/11-703, Illinois regulates how motorists may overtake and pass bicyclists traveling in the same direction.
Drivers must pass bicyclists at a safe distance and comply with Illinois requirements governing the safe passing of bicycles. Illinois law also prohibits motorists from recklessly driving unnecessarily close to, toward, or near a bicyclist.
A reckless close-passing violation can carry serious consequences. Under the current statute, a violation that does not cause great bodily harm, permanent disability, or disfigurement is a Class A misdemeanor. If it results in great bodily harm, permanent disability, or disfigurement, it can constitute a Class 3 felony.
For an injured cyclist, evidence that a motorist violated Illinois bicycle-passing laws may also be important in establishing negligence in a civil bicycle accident claim.
Who Is at Fault When a Car Hits a Bicycle in Illinois?
Fault depends on how the collision occurred.
A driver may be responsible for an Illinois bicycle accident when the driver:
- passes a cyclist too closely;
- fails to yield the right of way;
- drives while distracted;
- speeds or drives too fast for conditions;
- turns across a cyclist’s path;
- opens a vehicle door into a cyclist’s path;
- fails to check a blind spot before turning or changing lanes; or
- drives recklessly near a bicycle.
Insurance companies may argue that the cyclist caused or contributed to the collision. Determining fault can therefore require much more than simply reviewing the driver’s version of what happened.
What Evidence Can Prove a Bicycle Accident Claim?
Evidence can disappear quickly after a bicycle crash. Depending on the circumstances, useful evidence may include:
- police crash reports;
- photographs and video from the accident scene;
- traffic or surveillance camera footage;
- witness statements;
- vehicle damage;
- bicycle damage;
- skid marks and roadway evidence;
- cell phone or electronic evidence;
- medical records; and
- accident reconstruction evidence in serious cases.
The location of damage to the bicycle and vehicle can be especially important when the driver claims that the cyclist suddenly moved into traffic.
Preserving this evidence early can make a significant difference when an insurance company disputes liability.
What If the Bicyclist Was Partly at Fault?
Being partially responsible for an accident does not automatically prevent an injured cyclist from recovering compensation in Illinois.
Illinois uses a modified comparative negligence system under 735 ILCS 5/2-1116 .
If an injured cyclist is found to be more than 50% at fault, the cyclist is barred from recovering damages. If the cyclist is 50% or less at fault, compensation may still be available, but it is reduced according to the cyclist’s percentage of fault.
Example
Suppose an injured bicyclist has $100,000 in recoverable damages.
If the cyclist is found 20% responsible for the accident, the recovery could be reduced by 20%, resulting in $80,000.
If the cyclist is found 50% responsible, the recovery could be reduced to $50,000.
If the cyclist is found 51% responsible, Illinois comparative-fault law would bar recovery.
This is one reason insurance companies may aggressively try to place additional blame on a cyclist.
What Injuries Are Common in Illinois Bicycle Accidents?
Unlike occupants of passenger vehicles, bicyclists have little protection from the force of a collision.
Serious bicycle accident injuries can include:
- traumatic brain injuries and concussions;
- broken arms, legs, wrists, and ribs;
- spinal cord and back injuries;
- shoulder and knee injuries;
- facial injuries and scarring;
- road rash and permanent disfigurement;
- internal injuries; and
- fatal injuries.
Some injuries may not be fully understood immediately after the collision. Medical treatment and documentation are important both for the cyclist’s health and for establishing the extent of damages caused by the crash.
What Compensation Can an Injured Bicyclist Recover?
Depending on the facts of the case, an Illinois bicycle accident claim may seek compensation for losses such as:
- medical expenses;
- future medical treatment;
- lost wages;
- loss of future earning capacity;
- pain and suffering;
- disability;
- disfigurement; and
- property damage.
The value of a bicycle accident claim depends on factors including the severity of the injuries, available insurance coverage, medical treatment, lost income, permanency of the injuries, and the evidence establishing fault.
There is no reliable formula that determines what every bicycle accident case is worth.
What Should You Do After Being Hit by a Car While Riding a Bicycle?
If your condition permits, report the accident to police and obtain medical care. Photograph the scene, your bicycle, the vehicle, and your injuries. Obtain contact information from witnesses and preserve damaged equipment rather than immediately repairing or disposing of it.
You should also be cautious about providing recorded statements or accepting an early settlement before the extent of your injuries and damages is known.
Frequently Asked Questions About Illinois Bicycle Accident Claims
How much space must a driver give a bicyclist in Illinois?
Illinois law establishes requirements for motorists overtaking bicycles and prohibits reckless driving unnecessarily close to a cyclist. Whether a driver complied with the applicable passing requirements can become important evidence when determining fault for a bicycle accident.
Can I recover compensation if I was partially responsible for my bicycle accident?
Possibly. Under Illinois modified comparative negligence law, an injured person can generally recover damages when their contributory fault is 50% or less. The recovery is reduced by their percentage of fault. A person found more than 50% responsible is barred from recovery.
Can a driver be liable for passing a bicycle too closely?
Yes. A driver’s failure to comply with Illinois passing and safe-driving requirements can be important evidence when determining negligence and liability after a bicycle collision.
What if the driver says I swerved in front of the car?
The driver’s statement does not necessarily determine fault. Police reports, witnesses, surveillance video, vehicle damage, bicycle damage, roadway evidence, and other evidence may help establish how the collision actually occurred.
What if the driver who hit my bicycle has no insurance?
Other sources of insurance coverage may potentially apply depending on the circumstances and the policies involved. An attorney can review the available insurance policies and determine whether additional coverage may be available.
How long do I have to file a bicycle accident claim in Illinois?
Illinois imposes deadlines on personal injury lawsuits, and different circumstances can affect the applicable deadline. Because waiting can also result in lost video, witnesses, and other evidence, an injured cyclist should consider obtaining legal advice well before any filing deadline approaches.
Talk to a Champaign Bicycle Accident Lawyer
If you were injured while riding a bicycle in Champaign, Urbana, or Central Illinois, Patel Law, PC can review the circumstances of the collision, investigate whether the motorist violated Illinois bicycle safety laws, evaluate available insurance coverage, and explain your legal options.
Our Champaign bicycle accident lawyers represent people injured in bicycle and motor vehicle collisions.
Contact Patel Law, PC for a free consultation about your Illinois bicycle accident claim.
Illinois Legal Sources
- Illinois Vehicle Code, 625 ILCS 5/11-703 — Overtaking a Vehicle on the Left
- Illinois Code of Civil Procedure, 735 ILCS 5/2-1116 — Limitation on Recovery in Tort Actions
This article provides general information about Illinois law and is not intended as legal advice. The outcome of any personal injury claim depends on its specific facts and circumstances.
