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Understanding Bicycle Accident Laws
Bicycle accidents, sadly, are a common occurrence not just in Illinois but across the United States. As a personal injury law firm serving the great state of Illinois, Carlson Bier Associates is here to provide comprehensive insights into bicycle accident laws in the state.
An Overview of Bicycle Accident Laws
Let’s start with the basics. According to Illinois law, bicycles are vehicles, and their riders have the equal rights and duties applicable to drivers of any other vehicle. This means, cyclists have to adhere to traffic rules just as motor vehicle drivers do under the Illinois Vehicle Code.
Bicycle-Specific Laws in Illinois
In addition to the standard rules, there are certain bicycle-specific laws that cyclists should be aware of:
- Bicyclists must ride close to the right-hand side of a road, in the same direction as traffic, barring certain exceptions.
- They must signal their turns using arm signals.
- Riders under the age of 12 are not permitted to ride on sidewalks within business districts.
- It is mandatory to have a front white lamp and red rear reflector or lamp visible from a distance of at least 500 feet during low visibility conditions.
Liability in Bicycle Accidents
Determining liability in a bicycle accident falls under the realm of negligence law in Illinois. The one causing the accident—either the cyclist or the motor vehicle driver—is considered liable. Of course, in some cases, both parties may bear some portion of the blame.
The Doctrine of Comparative Negligence
Illinois has a modified comparative negligence approach. This means that a cyclist can recover damages as long as they are less than 51% at fault. The award will, however, be reduced proportionally by the degree of the victim’s fault.
The Role of Insurance in Bicycle Accidents
If the at-fault driver’s insurance covers the accident, the bicyclist can claim damages for the loss. However, if the driver is uninsured, the cyclist’s own auto insurance policy may kick in, provided it includes uninsured or underinsured motorist coverage.
Statute of Limitations for Bicycle Accident Claims
Victims of bicycle accidents in Illinois have a two-year window, starting from the date of the accident, to file their personal injury claim. However, details can get complex based on the circumstances, and it’s always advisable to consult a legal expert a soon as possible.
Wrongful Death Claims
In instances where the accident results in a fatality, the victim’s family can file a wrongful death claim within one year of the date of death, though there are exceptions and the specifics can vary according to Illinois Court’s rules.
The Importance of Legal Representation
Given the complexities involved in bicycle accident cases, getting a qualified personal injury lawyer on your side can make a remarkable difference. They can help you properly understand bicycle accident laws, feasibility of the claim, handling the insurance companies, gathering crucial evidence, and orchestrating a compelling case to seek the compensation you deserve.
Conclusion
At the Law Office of Carlson Bier Associates, we are committed to providing our clients with comprehensive legal guidance. Our vast experience in handling bicycle accident cases allows us to bring a ton of value to our clients and provide the representation needed to seek justice. As always, we remind cyclists to ride responsibly, adhere to the laws, and prioritise their safety on Illinois roads.
