Three Feet of Space, a World of Difference: Bicycle Accident Claims in Illinois
Illinois law requires motorists to give bicyclists adequate space when passing, but determining fault after a bicycle crash often depends on much more than the driver’s version of events.
Anyone who has ridden a bike along a busy Illinois road knows the particular unease of hearing an engine grow louder from behind with nowhere to go but forward. Cyclists are exposed in a way drivers rarely have to think about, and when a vehicle misjudges the distance, the consequences can be serious.
Illinois law provides specific protections for bicyclists who are overtaken by motor vehicles. Those protections can become particularly important when a driver passes too closely, strikes a cyclist, or causes a cyclist to crash while attempting to avoid a collision.
Quick Answer
Under 625 ILCS 5/11-703, a motorist overtaking a bicycle traveling in the same direction must leave a safe distance of at least three feet and maintain that distance until safely past the cyclist. When another lane moving in the same direction is available, the law also addresses changing into that lane when practicable and safe before passing. A driver who violates other provisions of the statute in a reckless manner may also face criminal penalties when the conduct causes qualifying injuries.
Illinois Law Actually Draws a Line
Illinois does not leave the issue of passing distance entirely to a driver’s judgment. Under 625 ILCS 5/11-703, a motor vehicle overtaking a bicycle traveling in the same direction must leave a safe distance of at least three feet and maintain that distance until the vehicle has safely passed the bicycle.
The current version of the statute also requires a motorist to change into another available lane traveling in the same direction before overtaking or passing a bicycle when doing so is practicable and not prohibited by law, while still exercising due regard for safety and traffic conditions.
Minimum Passing Distance
A motorist passing a bicycle must leave a safe distance of at least three feet and maintain that distance until safely past the cyclist.
Available Lane
When another lane in the same direction is available, the statute calls for a lane change before passing when practicable and not prohibited by law.
Reckless Driving Near Cyclists
The statute separately prohibits driving recklessly and unnecessarily close to, toward, or near a bicyclist.
The statute also provides criminal penalties for violating its reckless-driving provision. A qualifying violation is a Class A misdemeanor when it does not result in great bodily harm or permanent disability or disfigurement, and a Class 3 felony when it does result in those injuries.
Why the Three-Foot Rule Matters in a Civil Claim
A violation of a traffic safety law does not automatically decide every personal injury claim. However, evidence that a motorist passed too closely or otherwise violated the statute may be relevant when determining whether the driver’s conduct was negligent and whether that conduct contributed to the cyclist’s injuries.
Why Bicycle Accident Cases Get Complicated Fast
Bicycle collisions rarely come down to a simple he-said, she-said dispute. Drivers may claim that a cyclist swerved unexpectedly, entered the driver’s path, failed to follow traffic rules, or was riding somewhere the cyclist should not have been.
Insurance companies may also focus heavily on allegations that the cyclist contributed to the crash. That can make physical evidence especially important. Skid marks, vehicle damage, bicycle damage, photographs, traffic-camera footage, surveillance video, electronic data, and witness accounts can all help establish what happened before the evidence disappears or memories become less reliable.
Evidence that may matter after an Illinois bicycle crash
Depending on the circumstances, an investigation may examine:
- Traffic or surveillance camera footage.
- Photographs of the roadway, bicycle, and vehicles.
- Vehicle damage and bicycle damage.
- Skid marks, debris, and the location of the collision.
- Statements from drivers, cyclists, passengers, and witnesses.
- The responding officer’s crash report.
- Accident reconstruction evidence when appropriate.
- Medical records documenting the injuries and treatment.
Injuries That Can Outlast the Crash Scene
A bicycle provides little physical protection when a cyclist collides with a motor vehicle. Fractures, road rash, traumatic brain injuries, spinal injuries, internal injuries, and other serious injuries can occur even when a crash initially appears less severe.
The financial consequences can also continue long after the bicycle has been removed from the roadway. Medical bills can accumulate quickly, while lost wages can create additional pressure for someone who is unable to work during recovery. Some injuries may also require continuing treatment, rehabilitation, or changes to a person’s ability to perform daily activities.
Broken Bones
A collision or fall can cause fractures involving the arms, legs, pelvis, ribs, or other parts of the body.
Head Injuries
Traumatic brain injuries can require extensive medical evaluation and treatment and may have lasting effects.
Spinal Trauma
Damage to the neck or spine may result in prolonged treatment, rehabilitation, or permanent limitations.
Road Rash and Soft-Tissue Injuries
Abrasions, lacerations, burns, and other soft-tissue injuries can require significant medical care.
Comparative Fault Does Not Automatically Mean No Recovery
Illinois follows a modified comparative fault system. Under 735 ILCS 5/2-1116, a plaintiff is barred from recovering damages when the trier of fact determines that the plaintiff’s contributory fault is more than 50% of the proximate cause of the injury. When the plaintiff’s contributory fault is 50% or less, the plaintiff is not barred from recovering, but the damages are reduced in proportion to the amount of fault attributed to the plaintiff.
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Recovery May Be Available
A cyclist found to be 50% or less at fault is not automatically barred from recovering damages, although the award may be reduced.
Recovery Is Barred
When the cyclist’s contributory fault is more than 50% of the proximate cause, the statute bars recovery.
For that reason, a cyclist’s alleged violation of a traffic rule does not automatically end a personal injury claim. The circumstances surrounding the entire crash must be examined, including the driver’s conduct, the cyclist’s conduct, roadway conditions, visibility, available lanes, witness statements, and physical evidence.
How the Three-Foot Rule Can Affect a Bicycle Injury Claim
Determining whether a motorist complied with the three-foot passing requirement can become particularly important when the cyclist’s version of the crash differs from the driver’s version. Evidence may help establish how close the vehicle came to the bicycle, whether the driver had an opportunity to move into another lane, and whether the vehicle’s movement contributed to the collision.
Establish the Passing Distance
Photographs, witness testimony, vehicle damage, video, and accident reconstruction evidence may help show how the vehicle approached and passed the bicycle.
Examine Available Lane Space
The current statute addresses changing lanes when another lane traveling in the same direction is available and the maneuver is practicable and lawful.
Compare Both Drivers’ Conduct
A comparative fault analysis considers the conduct of everyone involved rather than automatically assigning responsibility to the cyclist.
What Should You Do After a Bicycle Crash?
The days immediately following a bicycle accident can be important for preserving evidence and documenting injuries. A cyclist who is physically able to do so should consider photographing the bicycle, vehicle, roadway, and surrounding area; obtaining information from witnesses; seeking appropriate medical care; and preserving clothing, safety equipment, and damaged property.
Important evidence to preserve
Important evidence may include photographs of the scene, bicycle and vehicle damage, medical records, police or crash reports, witness contact information, video recordings, and communications with insurance companies.
Avoid discarding or repairing damaged equipment before it can be photographed and evaluated when doing so is reasonably possible. Evidence that disappears after a crash can be difficult to reconstruct later.
Talk to a Champaign Bicycle Accident Lawyer
If you were injured while riding a bicycle, the circumstances of the crash can matter greatly. A careful review may include whether the driver maintained the legally required passing distance, whether a lane change was required and practicable, what the traffic and roadway conditions were, and whether the evidence supports the driver’s or cyclist’s version of events.
Contact the Champaign bicycle accident lawyers at Patel Law, PC to discuss your case and learn more about your legal options.
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Illinois Bicycle Safety Law
625 ILCS 5/11-703
— Illinois Vehicle Code provisions governing overtaking and passing, including the three-foot requirement for passing bicycles.
