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Riding a bicycle is an effective form of transportation in the city, but can also carry the risk of an accident, especially when biking on busy roads. A bicyclist could find themselves hit by a vehicle even after taking all necessary precautions.
If you ride your bike and get hit by a car, you may find the traffic laws for bicyclists in Chicago affect your attempts to make a compensation claim against the at-fault driver. Violating biking laws could make it more difficult to present your claim successfully, but consulting with a bicycle accident attorney can help you determine what to do next.
A car driver might not see a bicyclist because of their relatively small profile, or because they are simply not paying attention. A driver may also be operating their vehicle under the influence of drugs, alcohol, or fatigue and fail to react in time to prevent an accident.
Wrecks involving a car and bicycle can be very dangerous, often resulting in serious injuries for the bicyclist. The force of a car can send a bicyclist flying if they do not end up beneath the vehicle. These accidents can lead to traumatic brain injuries, neck and spinal cord damage, and even loss of life.
An injured individual can sue negligent drivers for compensation to address severe injuries and their results, such as an inability to work and significant medical bills. However, a bicyclist could find a claim complicated by Chicago traffic laws if they were not followed leading up to the accident.
In general, a bicycle on a city street is treated like any other vehicle, with the cyclist having the same rights and obligations as car drivers. As a result, a bicyclist injured in an accident could forfeit compensation if they were not following local traffic laws.
An injury claim is usually based on the negligence of the at-fault person, with the plaintiff providing evidence showing negligence. Proving negligence requires demonstrating several elements, including a legal duty of care, a breach of that duty, causation, and damages.
Even if an injured cyclist can prove each of these components, the defendant could show that the cyclist was also negligent by not adhering to traffic laws. Under 735 Illinois Compiled Statutes §5/2-1116, a bicyclist found negligent in court for violating traffic laws in Chicago could receive reduced compensation or none at all.
For example, failing to operate a bicycle properly, such as swerving in and out of traffic or crossing against a traffic light could prevent the recovery of compensation after an accident, even if the driver of the car is partially at fault. An attorney can advise you on what could affect your claim and help you determine your best course of action before filing suit.
No one injured in an accident should be denied compensation when the other party is proven to have acted negligently. However, in the case of a bike wreck, traffic laws for bicyclists in Chicago can create a barrier to compensation.
With the help of a McCready Law attorney, you can evaluate your possible claim based on the facts of your case. A lawyer can listen to your account of what happened and investigate on your behalf. Schedule an appointment today.