Chicago Bicycle Accident Lawyer

A cyclist riding through Chicago’s busy streets could easily end up in a tragic collision with a motor vehicle, especially if riding near a distracted or impaired driver. Cyclists have little to protect them from harm and could face life-altering injuries if they are hit by an SUV, pickup truck, or even a smaller car.

If you suffered injuries and damages from a bicycle accident involving a motor vehicle, we encourage to seek legal help right away. A knowledgeable attorney can fully manage your case, protect your legal interests, and fight for the compensation you need and deserve.

At Cooney & Conway, we are here to discuss your legal options. We have seen firsthand how these devastating accidents harm victims. Bicycle accidents can cause significant damage, resulting in a lengthy recovery and extensive medical bill. For many cyclists, returning to work after being hit by a car may not be possible for months or longer. If you are unsure what steps to take after a bicycle accident, schedule a free consultation with one of our attorneys. We do not charge you upfront costs or fees to hire our services.

Call to get answers to your legal questions: (800) 322-5573.

How Do I Know if I Have a Valid Bicycle Accident Case?

Every case is different. Whether or not you have a case depends on specific circumstances leading up to your accident, along with other contributing factors. An attorney can determine whether you may have a valid bicycle accident case in Chicago, by assessing these key elements:

Driver Duty of Care

All drivers owe a legal duty of care to prevent causing harm. This duty includes adhering to local speed limits, yielding the right of way, and keeping their vehicles in safe operating condition.

Evidence of Driver Negligence

A valid bicycle accident claim typically requires proof that another party acted negligently, such as by breaching the legal duty of care owed to other road users. Common types of negligence include texting and driving, running a red light, failing to yield right-of-way, or opening a car door into a bike lane without checking. You likely have a stronger case if you can demonstrate the driver violated traffic laws or failed to exercise reasonable care.

Documented Injuries and Medical Treatment

Valid bicycle accident cases involve actual injuries with requiring medical attention. Always seek medical care after an accident, even if injuries seem minor initially. Some conditions, like concussions, soft tissue damage, or internal injuries, may not show immediate symptoms but can become severe health conditions later. Medical records create an essential link between the accident and your injuries, providing documentation crucial for your claim.

Damages That Justify Legal Action

A valid bicycle accident case requires significant damages worth pursuing. These typically include medical expenses, lost income, and property damage. If your injuries required substantial medical treatment, forced you to miss work, or impacted your quality of life, your case likely meets this standard.

How Much Compensation Can I Recover for a Chicago Bicycle Accident?

The compensation you can recover for a Chicago bicycle accident depends on several factors unique to your case. Each claim differs based on specific circumstances, and understanding potential compensation categories helps set realistic expectations.

Medical Expenses

Bicycle accidents often cause serious injuries requiring extensive treatment. Compensation typically covers all accident-related medical costs, including:

• Emergency transport
• Hospital stays
• Surgeries
• Medication
• Physical therapy
• Specialized equipment, such as wheelchairs or braces

Recovery should include both current medical expenses and projected future costs for ongoing treatments, especially for permanent injuries requiring lifelong care.

Lost Income and Earning Capacity

When injuries prevent you from working, you may be entitled to compensation for lost wages. This includes pay for time already missed and potential future income loss.

For cyclists with permanent disabilities that limit career options or advancement, diminished earning capacity becomes a significant category of damages. Economic experts can calculate the difference between pre-injury earnings and reduced earning potential.

Property Damage

Bicycles, especially high-end models, can be expensive investments. Documentation of the bicycle’s value and condition before the accident strengthens these claims.

Compensation should cover:

• Repair or replacement of your damaged bicycle
• Helmet
• Cycling electronics
• Specialized clothing

Who May Be Liable for My Injuries and Bicycle Damage?

Investigators determine liability for bicycle accidents by examining each party’s actions, which requires careful investigation. Identifying who is responsible for your damages can help you pursue fair compensation after an accident.

Negligent Drivers

Motorists are the most common defendants in bicycle accident cases. When drivers breach their duty of care toward cyclists, they can be held responsible for injuries and damages.

Driver negligence can be:

• Distracted driving
• Drunk driving
• Speeding
• Illegal turns
• Running red lights or stop signs
• Dooring, opening a car door without checking for cyclists
• Violating bicycle right-of-way laws.

Rideshare Companies and Commercial Entities

Accidents involving Uber, Lyft, delivery trucks, or other commercial vehicles may involve corporate liability. Rideshare companies carry supplemental insurance when drivers log into apps or transport passengers. The liability rules for commercial vehicles differ from those for personal cars, usually providing additional avenues for compensation.

Government Entities

Municipal, county, or state governments responsible for road maintenance and design may be liable when dangerous road conditions contribute to bicycle accidents.

Government entities may be liable if the following results in a bicycle accident:

• Unmarked hazards
• Dangerous potholes
• Inadequate bike lanes
• Malfunctioning traffic signals
• Poorly designed intersections

Bicycle Manufacturers or Retailers

When defective bicycle components cause or contribute to accidents, manufacturers, distributors, or retailers may face product liability claims. Faulty brakes, frames, wheels, or other elements that fail during everyday use can lead to serious crashes. These claims require establishing that the defect existed when the product left the manufacturer’s control and directly contributed to your injuries.

Construction Companies

Construction zones present dangers to cyclists. Companies that fail to provide adequate warnings, safe detours, or proper barriers can be held liable when their negligence causes bicycle accidents. This includes leaving equipment in bike lanes, creating unmarked hazards, or failing to provide safe passage through construction areas.

Multiple Liable Parties

Many bicycle accidents involve shared responsibility among multiple parties. For example, a cyclist might be injured when a driver makes an illegal turn on a poorly maintained road with inadequate signage. The driver and government entities are responsible in these cases and might share liability. Illinois’ comparative negligence rules allow recovery from multiple parties based on their percentage of fault.

Do I Have a Case if I Was Not Wearing a Bicycle Helmet During the Crash?

Yes, you can still have a valid bicycle accident case even if you were not wearing a helmet during the crash. While helmet use is an important safety measure, its absence does not automatically disqualify your claim in Chicago or elsewhere in Illinois. Illinois state law and the city of Chicago do not mandate bicycle helmets for any age group.

Whether helmet use matters depends on your injuries. If you have a head or facial injury, the defense may argue that a helmet could have helped. However, for injuries like broken bones, spinal damage, or internal injuries, helmet use does not matter because it would not have protected those areas.

For helmet non-use to reduce your compensation, the defense must prove two essential elements:

• That a helmet would have prevented or significantly reduced your specific injuries
• That a reasonable person would have worn a helmet in similar circumstances

Expert testimony is required if you need to prove these claims. These claims cannot just be assumed. Defense arguments about helmet use fail because they cannot show how much protection a helmet would have provided in your crash.

What if the Driver Who Hit Me Left the Scene of the Accident?

Hit-and-run bicycle accidents can create additional challenges, but you have several paths to recover and get justice. You must take immediate action to improve your chances of identifying the driver and securing compensation.

After you have been involved in a hit and run, call the police to report it. Leaving the scene without reporting the accident is not a good idea. Insurance companies may question why you report the accident days or weeks later. Other steps that you should take are:

• Collect witness information
• Look for surveillance cameras
• Record any vehicle details you remember
• Document everything with photos and notes

Chicago Police treat these cases as serious criminal offenses. Many hit-and-run drivers are identified through:

• Witness accounts
• Vehicle damage evidence
• Surveillance footage
• Debris left at the scene

Compensation Options

Some victims may be concerned about how they may receive compensation if they are not able to identify the hit-and-run driver. You may be able to obtain compensation through:

• Uninsured Motorist Coverage: Your auto insurance typically covers you while cycling if the driver cannot be found
• Health Insurance: This type of insurance can cover immediate medical needs
• Homeowner’s / Renter’s Insurance: This may provide coverage through personal injury protection

What Injuries Are Common During Bicycle Accidents?

Bicycle accidents can result in various injuries that reflect cyclists’ vulnerability on the road. These are the types of bicycle accident injuries that could happen:

Head and Brain Injuries

Head injuries after a bicycle accident are some of the most severe types of injuries. These injuries often require immediate medical attention and may lead to long-term cognitive, behavioral, or physical impairments.

Even with helmet protection, cyclists may experience:

• Concussions: Ranging from mild to severe, affecting cognitive function
• Traumatic Brain Injuries (TBI): From contusions to potentially life-threatening intracranial bleeding
• Skull Fractures: Likely to happen in high-impact collisions or when cyclists strike roadway surfaces
• Facial Trauma: This includes orbital fractures, dental injuries, and facial lacerations

Spinal and Neck Injuries

Neck and spinal injuries may not present immediate symptoms but can develop into chronic, debilitating conditions without proper diagnosis and treatment. The spine’s vulnerability during bicycle accidents can result in:

• Whiplash: Common in rear-impact collisions
• Herniated Discs: Often causing chronic pain and potential nerve impingement
• Spinal Fractures: Particularly vertebral compression fractures
• Spinal Cord Damage: In severe cases, it can potentially cause partial or complete paralysis

Extremity Fractures and Dislocations

Fractures and dislocations could require immobilization, physical therapy, and sometimes surgical repair. When cyclists fall or are thrown from their bicycles, their extremities often absorb the impact, which can result in these injuries:

• Elbow Fractures: Often requiring surgical intervention
• Shoulder Dislocations: Including damage to the rotator cuff and labrum
• Collarbone (Clavicle) Fractures: Among the most common cycling fractures
• Wrist and forearm fractures: Typically occur when cyclists extend their arms to break falls
• Hip Fractures: This type of injury can happen due to overuse or strain during a collision

Soft Tissue Injuries

Cyclists can experience damage to muscles, tendons, and ligaments. Sometimes soft tissue injuries are dismissed as minor conditions, leading to chronic pain, reduced mobility, and long-term complications if not treated properly.

These injuries may include:

• Road Rash: Skin abrasions ranging from superficial to deep tissue involvement
• Contusions: Bruising that can mask more serious underlying injuries
• Ligament Tears: Particularly in knees, ankles, and shoulders
• Muscle Strains: Affecting performance and recovery
• Tendonitis: Often develops during recovery when compensating for other injuries

Internal Injuries

Internal injuries may present delayed symptoms but can be life-threatening without prompt diagnosis and treatment. The force of impact during bicycle accidents can cause these severe internal damage:

• Organ Damage: This is damage to the liver, spleen, and kidneys
• Pneumothorax: Collapsed lung from rib fractures or direct trauma
• Abdominal Injuries: Including intestinal perforation in severe impacts

Eye Injuries

Cyclists face vulnerability to eye injuries from:

• Foreign Bodies: Road debris, insects, or dust
• Corneal Abrasions: From impact or environmental factors
• Orbital Fractures: In direct facial impacts
• UV Exposure: Leading to long-term corneal damage

Dental and Maxillofacial Injuries

Dental and facial injuries often involve costly medical interventions and can have a significant impact on appearance and function. Facial impacts in bicycle accidents frequently affect oral structures, such as:

• Oral Lacerations: Internal mouth injuries
• Jaw Fractures: Requiring specialized treatment
• Tooth Fractures or Avulsions: Complete tooth loss
• Temporomandibular Joint (TMJ) Damage: Leading to long-term pain and dysfunction

Illinois Statute of Limitations for Bicycle Accident Claims

In Illinois, bicycle car accident victims have a 2-year statute of limitations from the date of injury. The discovery rule means that the time starts when you notice your injury, not when the accident occurred.

Under these circumstances, the statute of limitations can change:

• Minors: The two-year period does not begin until the victim turns 18
• Disabled Persons: The statute is paused during legal disability
• Government Claims: Must file formal notice within one year
• Wrongful death: Two years from the date of death, not the accident date

How Our Bicycle Accident Attorneys Will Fight For You

Our Chicago-based bicycle accident attorneys understand the city’s cycling infrastructure, municipal codes, and unique cyclist challenges in your case. We can investigate the incident, analyze traffic camera footage, and work with an accident reconstruction specialist to establish clear liability for your injuries.

We take a focused approach to medical documentation, working with specialists who understand cycling injuries and building clear treatment timelines that link your injuries to the accident. Our attorneys calculate all your losses, including medical costs, lost income, damaged equipment, and pain and suffering.

If we proceed with your case, we are prepared to take your case to trial. Our attorneys can identify all potential responsible parties, from vehicle drivers to rideshare companies, government entities, and manufacturers. Throughout your case, we provide personalized attention while you focus on recovery.

Need Legal Help After a Bike Crash? Contact Cooney & Conway Today

You do not have to deal with the aftermath of a bicycle accident alone. At Cooney & Conway, we understand the unique challenges cyclists face in our city, from driver negligence to dooring incidents.

We have built a reputation for supporting injured victims, including cyclists, while providing compassionate guidance through every step of the recovery process. With decades of combined experience, our legal team is prepared to fight for your rights and the fair compensation you deserve.

Call Cooney & Conway to learn more about your legal options. (800) 322-5573