Knowing what to do after a bicycle accident injury will help protect your rights, your safety, and your ability to recover compensation if you decide to file an injury claim. If you are in a bicycle accident, staying calm is essential. Your well-being, as well as that of others involved, should be your top priority.
While cycling has numerous benefits, there are also inherent risks, even for those who practice road safety. Bicycle accidents can happen to anyone, so it’s crucial to be prepared for such situations to protect your safety and right to compensation.
If you’ve been injured in a bicycle accident, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
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Illinois Statistics on Bicycle Accidents
Biking has become one of the most eco-friendly and popular ways to commute in the U.S. In 2022, 54.7 million Americans rode bikes, up from 51.4 million the previous year. While biking promotes physical activity, safety is paramount.
Bicycle trips account for 1% of all U.S. journeys, yet cyclists make up over 2% of fatalities in motor vehicle crashes, with nearly 1,000 deaths and over 130,000 injuries each year. The annual cost of bicycle-related injuries and fatalities exceeds $23 billion, covering healthcare, lost productivity, and reduced quality of life.
Most cyclist deaths occur in urban areas. About 64% on stretches of road away from intersections and 27% at intersections. Alcohol is a factor in one-third of fatal crashes. Adults aged 55-69 have the highest death rates, while those aged 10-24 account for nearly one-third of all bicycle-related injuries treated in emergency rooms.
Preventable bicycle fatalities increased by 10% in 2022, totaling 1,360, a 47% rise over the last decade. However, preventable nonfatal injuries decreased by 32% from 2013 to 2022.
Wearing properly fitted helmets can reduce the risk of head injuries by 65% to 88% and severe brain injuries by 75%.
Since 2018, an average of 29 cyclists have died annually on Illinois roads, with fatal crashes rising from 12 in 2019 to 41 in 2023.
Steps to Take After a Bicycle Accident
It’s important to know bicycle accident injury tips and have a clear plan for what to do after a road accident to ensure the best outcome.
Ensure Safety
Ensure your safety first. If possible, move off the road. If there are any injuries, call for an ambulance. Next, focus on securing the accident scene, provided it’s safe. For instance, if your bike is in the roadway, relocate it to the sidewalk.
Seek Medical Attention
Taking care of your health should be your foremost concern. Even if you feel fine after an accident, it’s wise to consult a doctor immediately. Symptoms of certain injuries, especially serious internal ones, might not show up for hours or even days post-accident. Additionally, promptly seeking medical treatment after a bike injury connects your injuries to the incident.
Call the Police
In Illinois, it’s required in most counties to inform the police if you are involved in an accident, including situations where a bicycle hits a vehicle. The police will create a report that records the details of the incident, which may serve as evidence later on.
Collect Driver Information
If law enforcement shows up at the scene, they can assist you in gathering this information. If not, you’ll need to collect it on your own. Note or photograph the driver’s name, contact details, insurance information, and license plate number.
Collect Witness Information
Finding witnesses after an accident can be quite challenging. The most effective time to gather their contact details is after the incident. While police typically record this information, they might overlook some witnesses or forget to include their contact details in the official report.
Preserve Evidence
Capture photos of the accident scene and any injuries or damages. If your clothing was stained with blood or your bicycle was damaged, keep those items. Gather evidence that quantifies your bicycle accident claim value, such as medical bills and receipts for bicycle repairs.
Document What Happened
Take note of every detail regarding the accident, including the date, location, and circumstances surrounding it, as well as the road, traffic, and weather conditions. Write everything down as soon as you can. Create maps or diagrams to illustrate the positions and movements of all parties involved, incorporating streets, signs, and traffic lights.
Contact a Lawyer
One of the key actions you can take to protect your legal rights is to consult with a car accident lawyer immediately following your crash. A lawyer can effectively guide you in navigating your insurance company, offer legal advice and strategies to ensure a valid claim, advise you on the bicycle accident claim timeline, and maximize your compensation.
Legal Considerations for Bicycle Accident Injuries
In Illinois, bicyclists, like motor vehicle operators, must follow the same rules and regulations. This includes stopping at traffic lights and stop signs. Additionally, specific bicycle laws are outlined in Chapter 11 of the Illinois Vehicle Code.
A bicycle is intended to carry only the number of people it was designed for. An adult rider may securely carry a child in a backpack or sling. Bicyclists must stay within designated bike lanes and are prohibited from clinging to vehicles while riding. If a cyclist travels slower than the normal traffic speed, they must ride as close to the right curb or edge of the road as possible. Riding more than two side by side is not allowed, and cyclists cannot carry objects that prevent them from using both hands.
When riding at night, a bicycle must have a front lamp that emits white light visible from at least 500 feet and a red reflector on the back. A uniformed police officer may require a cyclist to stop for inspection if they reasonably suspect that a bicycle is unsafe or not legally equipped. Riding on sidewalks is prohibited where indicated, but if allowed, cyclists must yield to pedestrians and give an audible signal before passing.
Parking a bike on a sidewalk is permitted if it does not obstruct pedestrian traffic and is allowed in that area. Additionally, bike racing is only legal if it has received approval from local or state authorities. In cities with populations of over 2 million, commercial bike messenger services may only operate if the bikes are covered by liability insurance. Finally, individuals should not open vehicle doors into moving traffic unless it is safe to do so. They cannot leave the doors open longer than necessary for loading or unloading passengers.
Wearing Helmets and Alcohol
In Illinois, there are no regulations mandating the use of helmets while cycling.
Furthermore, it’s not against the law to ride a bicycle after consuming alcohol. However, both behaviors are highly discouraged, as they could lead to holding you responsible or partially responsible for an accident.
Liable Parties
Most personal injury claims you might file as a bicyclist involve negligence. In Illinois, to prove negligence, you need to demonstrate the following:
Duty of Care. The driver has a responsibility to you as a bicyclist. All drivers must exercise a reasonable level of care towards others on the road.
Breach of Duty. You must show that the driver failed to meet this duty. This could involve evidence that the driver was distracted, speeding, or driving while intoxicated.
Causation. You must demonstrate that your injuries directly resulted from the driver’s breach of duty. If the driver’s actions, like texting while driving, speeding, or driving under the influence, hadn’t occurred, the accident would likely not have happened, and you wouldn’t have been harmed.
Damages. You must prove that you incurred damages because of the driver’s negligence. These damages can be monetary, like medical expenses, or non-monetary, such as pain and suffering.
Not every accident is the driver’s fault. As a bicyclist, you are also responsible for riding with reasonable care. If you fail in this duty, you can also be deemed negligent.
Illinois follows a modified comparative fault rule. Any damages you may be entitled to can be reduced by the percentage of fault attributed to you. If your level of fault reaches 51% or higher, you will be barred from recovering any damages.
Some examples of behaviors that may lead to you getting found at fault or partially at fault for an accident include:
- Not stopping at a stop sign or red light
- Biking against the direction of traffic
- Riding side by side with more than two people
- Not yielding to traffic when entering a road
- Lacking proper lighting or reflectors on the bike
A bicycle accident lawyer can clarify the damages you may be entitled to and guide you through the claims process. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC for assistance seeking compensation after a bike accident.