Chicago Bicycle Accident Lawyer
Drivers who hit cyclists often make excuses: “I never saw you” or “You swerved into traffic.” Then the insurance company looks for a way to shift the blame onto you. If that’s happening to you, you need a lawyer who is ready for it.
You know what happened from where you were on the bike. You may not know what the driver told police, whether a camera caught the crash, or who else saw it. We find out.
Goldberg & Goldberg has fought for injured people in Chicago since 1967. We examine the roadway, bike lane, intersection, traffic controls, damage to the bike and vehicle, available video, and witnesses, and we test the driver’s account against the evidence. You do not need to prove how the crash happened before you call. That is our job.
Cyclists get blamed for crashes they didn’t cause. Our job is to investigate what actually happened to you and build the case from there.
Hit by a car while riding a bicycle in Chicago or elsewhere in Illinois? Call Goldberg & Goldberg at 312-368-0255 for a free consultation.
What Does It Take to Prove Fault in an Illinois Bicycle Accident?
A bicycle accident claim is not decided simply because a bicycle and motor vehicle collided. To establish fault in a bicycle accident, we need to determine what the driver did wrong, whether that conduct caused the collision, and how you were injured as a result.
Illinois law generally gives a person riding a bicycle the same rights and responsibilities as drivers, subject to certain bicycle-specific rules. Motorists must also follow laws governing how they approach, pass, and yield to people riding bicycles.
When fault is disputed, the details matter.
Was the driver turning across your path? Did they pass too closely? Were you riding through an intersection with the right-of-way? Did the driver fail to see you because they were distracted? Was the driver impaired?
At Goldberg & Goldberg, we look at what the evidence establishes, not simply what the driver or insurance company claims happened. If the facts support your case, we are prepared to hold the responsible party accountable. If they don’t, we’ll tell you upfront.
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How Do Bicycle Collisions Happen in Chicago?
Chicago cyclists encounter vehicles at intersections, alongside parked cars, in bike lanes, and on streets where bicycles and motor vehicles share space. The way your collision occurred can determine which evidence and traffic rules matter most.
Drivers Turning Across Your Path
A driver making a right or left turn may cross the path of a cyclist traveling through an intersection or alongside traffic. The investigation can consider the direction of travel, signals, lane markings, vehicle position, sight lines, and when the driver began turning.
Dooring Accidents
A bicycle crash can occur when a driver or passenger opens a vehicle door into a cyclist’s path. In these cases, the position of the parked vehicle, location of impact, nearby video, witness accounts, and damage to the bicycle or door may help reconstruct what occurred.
Drivers Who Fail to Yield
Intersections, driveways, alleys, and parking areas can create disputes over who had the right of way. Traffic controls, road markings, surrounding video, and the movements of both the cyclist and vehicle can help establish what occurred before the collision.
Unsafe Passing
Illinois law requires a motorist overtaking a bicycle traveling in the same direction to leave a safe distance of at least three feet and maintain that distance until safely past. Current Illinois law also requires a motorist to change into another available same-direction lane before passing a bicycle when such a lane is available and the lane change is practicable, safe under the traffic conditions, and not prohibited by law.
How the driver approached, turned, yielded, opened a door, or passed you can help determine what happened and which evidence matters. Our team at Goldberg & Goldberg examines those circumstances to build your claim around the facts of your collision.
What Evidence Can Show How Your Bicycle Accident Happened?
You may have had only seconds to see the vehicle that hit you. Other evidence may provide a broader view of the collision.
Depending on where the crash occurred, useful information may include:
- Traffic or surveillance video
- Photographs of the bicycle and vehicle
- Witness information
- Road and bike-lane markings
- Traffic signals and signs
- Physical evidence from the collision
The value of this information goes beyond documenting that a crash occurred. Video may show a vehicle turning or passing. Bicycle and vehicle damage may help identify the point of impact. Road markings can provide context about where each person was traveling. A witness may have seen something that you could not see before you were struck.
Some evidence may not remain available indefinitely. Nearby businesses may overwrite video, vehicles can be repaired, and the roadway can change.
If you have questions about what evidence may exist after your bicycle accident, call Goldberg & Goldberg at 312-368-0255 for a free consultation.
What if the Driver Says You Caused the Bicycle Accident?
A driver or insurance company may argue that you were riding in the wrong place, failed to yield, were difficult to see, or otherwise contributed to the collision. You should not assume that accusation settles the question of fault.
Illinois bicycle law 625 ILCS 5/11-1505 recognizes that cyclists do not always have to remain at the extreme right edge of the roadway. For example, the law identifies circumstances in which moving away from the right-hand curb may be reasonably necessary to avoid parked vehicles, moving vehicles, pedestrians, surface hazards, or lanes too narrow for a bicycle and vehicle to travel safely side by side.
The circumstances surrounding your crash need to be considered as a whole. The driver’s actions, your position, traffic controls, visibility, road design, and physical evidence can all matter.
We can investigate the driver’s account and compare it with the available evidence rather than allowing an insurer’s initial description of the crash to define your claim.
Under Illinois’ modified comparative negligence law, you may still recover compensation even if you were partially responsible for your bicycle accident. As long as you are not more than 50% at fault, you may be eligible for compensation, although your recovery will be reduced by your percentage of responsibility. An insurance company’s accusation that you contributed to the crash does not determine your legal responsibility. The evidence does.
Who May Be Responsible for Your Bicycle Accident?
The driver who hit you may not be the only party legally responsible for your injuries. Depending on how the collision happened, liability may extend to:
- Negligent drivers: Motorists who cause collisions by failing to yield, driving distracted, speeding, passing too closely, or violating traffic laws.
- Employers: Companies whose employees cause bicycle accidents while performing their job duties.
- Rideshare and delivery companies: Depending on the circumstances, a collision involving an Uber, Lyft, or delivery driver may raise questions about company liability and additional insurance coverage.
- Government entities or contractors: When dangerous road conditions, negligent maintenance, or improperly managed construction zones contribute to a collision, other parties may share responsibility, subject to applicable legal protections.
At Goldberg & Goldberg, we investigate everyone whose conduct may have contributed to your injuries. We look beyond the driver who struck you to determine whether other parties bear responsibility and what sources of recovery may be available. We pursue the evidence, not assumptions about who should pay.
How Do You Document What the Bicycle Accident Changed for You?
The collision evidence can establish how you were hit. Your injury claim must also document what happened to you afterward.
Medical records can establish your diagnosis, treatment, surgeries, rehabilitation, and continuing medical needs. Employment records may show time you missed from work or changes in your ability to perform your job. Damage to your bicycle and other property can also be documented.
Other consequences may require a more complete picture of your life before and after the crash. Perhaps your injuries changed your mobility, independence, ability to care for your family, or ability to return to activities that were part of your routine.
At Goldberg & Goldberg, we work to connect the medical and other documentation with the actual effect the injuries have had on you. Your claim should reflect your circumstances rather than a generic list of damages.
Frequently Asked Questions About Bicycle Accidents
After a bicycle accident, you may have questions about circumstances that could affect your claim or the evidence available to support it. These answers address several issues that are not always clear immediately after a collision.
What if the Driver Left the Scene After Hitting Me?
A hit-and-run does not necessarily leave you without options for pursuing a claim. Witness information, nearby surveillance or traffic cameras, vehicle descriptions, debris, and other evidence may help identify the vehicle or driver. Depending on your circumstances and available coverage, your own automobile insurance may also need to be reviewed to determine whether another potential source of recovery is available.
What if I Wasn't Wearing a Helmet When I Was Hit?
Not wearing a bicycle helmet does not automatically establish that you caused the collision. How the crash happened and whether your conduct contributed to causing it are separate questions from whether you were wearing a helmet. An insurer may still raise helmet use when evaluating particular injuries or damages, so the circumstances of the collision and the specific arguments being made should be considered separately.
What if the Driver Says They Didn't See Me?
A driver’s statement that they did not see you does not, by itself, establish that the collision was unavoidable. Lighting, sight lines, traffic conditions, your position on the roadway, the driver’s movements, and anything obstructing the driver’s view may all matter. Video or witness information may also help establish where you were before impact and whether the driver had an opportunity to see you.
What if My Bicycle Was Damaged or Destroyed in the Crash?
Keep your damaged bicycle and equipment when possible rather than immediately repairing, replacing, or discarding them. Photographs, receipts, repair estimates, and information about the bicycle and equipment can help document your property loss. The physical damage itself may also provide useful information about the location and nature of the impact, so preserving the bicycle may be important to the investigation.
What if I Was Taken to the Hospital and Could Not Gather Evidence at the Scene?
You do not have to personally gather evidence at the scene for useful information to exist afterward. If your injuries prevented you from taking photographs, speaking with witnesses, or identifying nearby cameras, other records may still help reconstruct what happened. Video, witness information, photographs taken by others, vehicle damage, roadway evidence, and records created after the collision may provide information that you could not collect yourself.
Talk With Goldberg & Goldberg About Your Bicycle Accident
You may have questions about who was responsible for your accident, what your claim is worth, or whether you have a case at all. You deserve straightforward answers from lawyers who have the experience and resources to pursue serious injury claims.
At Goldberg & Goldberg, we will listen to what happened, give you an honest assessment of your legal options, and explain what comes next. If we take your case, we will prepare it with the same commitment we bring to every serious case: to pursue the full compensation the evidence supports and be ready to prove it in court.
If you were injured in a bicycle accident in Chicago, Cook County, or elsewhere in Illinois, call our bicycle accident attorney at Goldberg & Goldberg at 312-368-0255 for a free consultation.
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