If you experience injuries in a bicycle accident due to blocked bike lanes, you might have the right to sue the drivers or others at fault. Many bike accidents happen because of negligence, which can lead to compensation for victims and their families. Understanding the causes and who to hold accountable is key to recovering your costs.
For legal help, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 and start your claim today.
How Blocked Bike Lanes Lead to Serious Injuries
In 2023, preventable deaths from bicycle incidents increased by 1%, with a 53% rise over the decade from 2014 to 2023 in the U.S.
While bike lanes increase cyclists’ safety, accidents can occur due to bike lane obstruction. Blocked bike lanes increase the risk of cyclist injury by creating impact hazards or forcing cyclists into traffic. This leads to dangers such as high-speed collisions and dooring incidents.
Forced Merging into Traffic
When cyclists have to swerve into moving traffic to avoid obstructions, they may be hit by drivers who are not expecting a bike in their lane. The speed and size differences between cars and bicycles can lead to severe injuries.
Dooring Incidents
Unexpectedly opened car doors create a dangerous scenario for cyclists. Crashing into an open door can result in serious head and neck injuries, or even cause cyclists to be thrown into traffic.
Collisions with Parked Vehicles
Poor visibility of blockages can lead to cyclists colliding with parked cars, especially if they are traveling at high speeds.
Limited Space and Maneuverability
A lack of space due to obstructions increases the likelihood of crashes, particularly for inexperienced riders who may struggle to navigate tight areas.
Intersections and Increased Risk
Blocked lanes near intersections can create confusion, putting cyclists at risk as they share space with turning vehicles. This heightens the chances of accidents.
Determining Liability When a Bike Lane Obstruction Causes a Crash
In a bicycle accident, establishing liability is crucial for claiming damages. You need to identify who was responsible for the crash and demonstrate their negligence. In Illinois, this involves assessing who created the hazard that led to the collision, including local or state governments, construction firms, or private property owners. After identifying the responsible party for the hazard, you must demonstrate that this party acted with negligence. Under Illinois’s modified comparative negligence law, fault can be shared, meaning a cyclist’s own negligence may reduce their compensation.
Liable Parties
The responsibility for accidents in blocked bike lanes can fall on various parties. Typically, vehicle owners are liable for parking in these lanes, especially in areas where cyclists can’t avoid them.
Negligent drivers, road maintenance crews, or construction workers may all share responsibility if they obstruct bike lanes through improper parking or by leaving equipment behind without adequate warning.
Government entities are accountable for road safety and may be liable for poor maintenance, while property owners could be held responsible if their debris blocks bike lanes.
In any case, determining liability can be complex. If you’re injured in such an accident, it’s advisable to consult a personal injury attorney to thoroughly investigate who might be at fault.
Proving Negligence in Bicycle Accident Cases
When filing a bicycle accident claim, after you have identified the liable party, you need to prove that this party was negligent and responsible for both the accident and its damages. This requires demonstrating four key elements:
- The negligent party had a duty of care.
- They breached that duty.
- Their breach caused the accident.
- The accident led to damages.
Gathering solid evidence is crucial for your case. Useful evidence can include medical records, police reports, photos or videos from the scene, witness statements, and repair bills.
Proving negligence can be challenging, but a bicycle accident attorney can assist you in collecting and organizing the evidence, and negotiating with insurers to help build your case.
When to Contact a Bike Accident Lawyer After a Blocked Lane Injury
If you sustain an injury from a lane blockage while biking in Illinois, it’s vital to contact a blocked bike lane accident lawyer promptly, ideally right after a bicycle accident. Acting quickly is essential to safeguard your rights, as insurance companies often aim to downplay your claim. An attorney who knows bicycle accident tips can assist in preserving important evidence, interviewing witnesses, and managing all interactions with the insurance company. They can secure vital information, like traffic camera footage, that may be crucial for your case.
Your Naperville bike accident lawyer will handle communications with the insurance companies on your behalf, allowing you to focus on your recovery. Having legal representation ensures that you are treated fairly during the claims process.
Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC, to get in touch with a bike accident lawyer who will support you through the legal journey and strive for maximum compensation.
Frequently Asked Questions
Who Is Responsible for a Bicycle Accident in Chicago?
Liability hinges on negligence. While drivers are often at fault, city agencies (for poor road conditions) or even bike manufacturers (due to equipment failure) can also be held accountable. Consulting an experienced bicycle accident lawyer in Chicago can help clarify liability.
Can I Get Compensation If I Wasn’t Wearing a Helmet?
Illinois doesn’t mandate helmet use for adults, so not wearing one doesn’t bar you from seeking damages. However, insurance companies might try to reduce your compensation, especially if head injuries are involved.
How Long Do You Have to File a Claim for a Bicycle Accident in Illinois?
Illinois allows two years from the accident date to file a claim against the responsible party. In some cases, this timeline may be extended due to special circumstances. It’s advisable to consult a personal injury lawyer soon after the incident for better evidence preservation.
