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Bicycle Accidents
Car or truck accidents involving a bicyclist oftentimes cause serious injury or death. Accidents involving a bicyclist raise issues that are different than those accidents that involve only motor vehicles. As with other types of motor vehicle accidents, the circumstances surrounding the collision, the conduct of the driver of the car, the conduct of the bicyclist and the nature of the injury suffered all affect whether compensation can be recovered. Our firm has the experience necessary to evaluate the circumstances surrounding a bicycle accident, to consider the issues of liability and damage and to maximize the compensation you receive. Contact us today for a free case evaluation.
Frequently Asked Questions
What rights does a bicyclist have on the roadway?
The Illinois Vehicle Code as well as the Municipal Code in most municipalities address the rights and duties of a bicyclist. The Illinois Vehicle Code provides that traffic laws apply to every person riding a bicycle upon the roadway. The bicyclist is granted all the rights and has all of the responsibilities applicable to the driver of a vehicle. In other words, stop signs, yield signs and other traffic signals are to be followed by bicyclists.
What about riding on the sidewalk?
The Chicago Municipal Code as well as most other local Municipal Codes provide that no person shall ride a bicycle upon a sidewalk within a business district. This includes children. The Code further provides
that no persons 12 or more years of age shall ride a bicycle upon any sidewalk in any district, unless the sidewalk has been designated and marked as a bicycle route. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders must use the path and not the roadway.
The specific location where the collision occurs is critical. If the collision occurs not on the sidewalk but within the street or alley where a sidewalk ends, the provision of the Municipal Code may not be applicable. If the bicyclist falls and suffers injury as the result of a defect within the sidewalk itself, liability is unlikely given the provisions within the code. Issues regarding visibility, speed and the conduct of the driver of the motor vehicle must also be assessed.
Is the speed of the bicyclist important?
The Municipal Code provides that no person shall operate a bicycle at a speed greater than reasonable and prudent under the conditions. Whether a bicyclist is speeding therefore depends upon a review of the location of the conduct, condition of the roadway and the condition of traffic. The impact of the bicyclist's speed varies greatly from case to case.
What if the driver of the vehicle involved in the accident was uninsured or underinsured?
Bicyclists involved in motor vehicle accidents oftentimes suffer severe personal injury. The extent of the liability coverage underwritten on behalf of the defendant driver is therefore important. The coverage underwritten on behalf of the driver may or may not be sufficient to satisfy the compensatory value of the injured bicyclist's claim. If the insurance coverage underwritten on behalf of the defendant driver is insufficient to fully compensate the injured cyclist's claim, it is important to look at all potential sources of coverage. Whether the bicyclist owns an automobile and the limits of coverage underwritten by that carrier must be considered. Some automobile policies are more broad than others and may cover the insured while riding a bicycle. Underinsured motorist coverage may therefore be available. The language of the applicable policy must be reviewed to make a determination regarding coverage.
Conclusion
The circumstances surrounding every bicycle/motor vehicle accident must be considered to determine the compensatory value of the claim and likelihood of success. This includes assessing the direction of travel of the parties involved, the speed of the bicycle, the speed of the vehicle, the conduct of each driver, the ability of the driver of the car to see the bicyclist as well as the extent of the injury and available coverage. Other issues such as payment of the medical bills, the interest of a health insurer for payments made and a determination of the coverage available all raise issues best handled by a lawyer. If you have suffered injury as the result of a bicycle accident and require legal assistance, our firm is available to help. |
Free Case Evaluation
Our law firm has helped many recover compensation for their injuries. Contact us today for a free case evaluation
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