Can I Sue a Driver for Hitting Me While Cycling in Illinois?

Under Illinois law, cyclists have the same rights and responsibilities as motorists. This means that any time you ride your bike, you have the same right to be on the road as anyone behind the wheel of a car. Drivers must respect your position on the street and give you the space you need to ride safely.

State law requires motorists to yield to cyclists just as they would to any car, and it sets clear rules on how they must pass and share lanes. For example, drivers must leave at least three feet when passing people on bikes and wait for safe openings before moving back over.

Cyclists also have additional protection under laws that target dangerous actions like crowding riders or opening car doors into their paths. These rules make it clear that cyclists are not second-class road users. If a driver ignored these duties and caused a bicycle accident that injured you, you could have grounds to sue.

Common Causes of Bicycle Accidents

Many bicycle accidents are the result of predictable and avoidable scenarios that often stem from motorist negligence. Here are some of the most common causes of these collisions:

  • Unsafe Passing Maneuvers: Drivers cutting too close while overtaking bicycle riders instead of leaving the required three feet of space
  • Left-Turn Conflicts: Motorists turning left across the paths of oncoming cyclists traveling in the opposite direction
  • Right-Hook Accidents: Car drivers making quick right turns while trying to outrun cyclists traveling straight through intersections
  • Dooring Incidents: Vehicle occupants opening their doors into the paths of approaching cyclists
  • Distracted Driving: Drivers focusing on phones or other distractions instead of looking for cyclists
  • Failure to Yield: Motorists pulling out of driveways or side streets without yielding to cyclists

When a Driver Might Be Legally Liable

A driver could face legal responsibility if they cause an accident by violating traffic laws or creating unsafe conditions for cyclists. Illinois law imposes clear duties on motorists traveling near cyclists. For example, drivers must yield the right of way to bike riders when turning left, and they must wait until it’s safe before they cross riders’ paths. They are also responsible for leaving at least three feet of buffer room when passing cyclists and may only move back over when they are safely clear of riders.

Drivers can also be liable for injuries if they open their doors into cyclists’ paths, crowd riders off the road, or pull out of side streets without looking. Each of these acts is a violation of state law and puts cyclists at unnecessary risk. If a driver causes a crash by ignoring these responsibilities, they can be held liable for any injuries or related losses that result from the accident.

Cyclists’ Responsibilities That Can Affect a Claim

Just like other road users, cyclists have certain responsibilities when it comes to sharing the road. If a bicycle rider gets involved in a traffic accident after failing to uphold any of these responsibilities, it could negatively impact their injury claim:

  • Riding with Traffic: Cyclists must travel in the same direction as drivers, not against them.
  • Position on the Roadway: Riders should stay as far to the right as practical unless avoiding hazards, preparing for left turns, or riding in lanes that are too narrow for safe sharing.
  • Obeying Traffic Signals and Signs: Cyclists must stop at red lights and stop signs and follow all posted traffic rules, just like drivers.
  • Using Lights and Reflectors at Night: Every rider must equip their bicycle with a white front light and a rear red reflector or light at night for visibility.
  • Signaling Turns and Stops: Riders must signal their turns so drivers can anticipate their moves.

Contact an Illinois Bicycle Accident Attorney

Were you hit by a driver while cycling in Illinois? Contact Bartholomew, Shevlin & Flack, LLP now to set up your free consultation and learn more about how our Illinois bicycle accident lawyer can help you demand justice.