In 2004, 725 bicyclists were killed and an additional 41,000 were injured in traffic crashes.

Accidents involving a bicyclist oftentimes cause serious injury or death. The issues which arise in these cases are different than those in accidents which involve only cars. 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.

Bicyclist fatalities occur more frequently in urban areas and during the months of June, July and August than in other places or at other times. The prevalence of bicycles in congested urban areas as well as the presence of bike messengers or others utilizing the bicycle for work may account for the increased frequency. It is important that the victim of a bicycle/car accident discuss the nature of the accident with an attorney so that the issues specific to that claim may be considered. Our firm has litigated cases on behalf of injured bicyclists and understand the issues which arise.

The Illinois Vehicle Code defines the appropriate conduct of a cyclist in a number of areas:

• Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a highway is granted all of the rights and subject to all the duties applicable to the driver of a vehicle;
• A person propelling a bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing the pedestrian;
• A person shall not ride a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk where such use of bicycles is prohibited by official traffic control devices;
• A person propelling a bicycle upon and along a sidewalk or across a roadway upon and along a crosswalk has all the rights and duties applicable to a pedestrian under the circumstances;
• A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat;
• No bicycle shall be used to carry more persons at one time than a number for which it is designed and equipped except that an adult may carry a securely attached child;
• Any person operating a bicycle upon a roadway at less than the normal speed of traffic shall ride as close as practical to the right hand curb or edge of the roadway unless they are overtaking and passing another bicycle, preparing for a left turn at an intersection or into a private road or driveway or when reasonably necessary to avoid colliding with a fixed or moving object;
• Persons riding bicycles upon a roadway shall not ride more than two abreast;
• Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet.

In addition to the Illinois Vehicle Code, the conduct of a bicyclist is governed by the applicable municipal code.

The Municipal Code varies depending upon the community. The Chicago Municipal Code as well as most other local Municipal Codes provide the following:

• No person shall ride a bicycle upon a sidewalk within a business district. This provision includes children.
• 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.
• No person shall operate a bicycle at a speed greater than reasonable and prudent under the conditions.

Speeding reduces a bicyclists ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop and increases the distance the bicycle travels while the cyclists reacts to a dangerous situation. Whether a bicyclist is speeding depends upon a review of the location of the accident, the condition of the roadway and the condition of traffic. Review of the circumstances surrounding the accident must promptly be undertaken.

Conclusion

The circumstances surrounding the bicycle/car accident must be considered to determine the liability of the drivers and likelihood of success in recovering compensation for the injured person. Dwyer & McDevitt, Ltd. has experience litigating cases on behalf of bicyclists who have suffered injury in such an accident. If you have suffered injury as the result of a bicycle accident and require legal assistance, our firm is available to help. Please contact our office for a free case evaluation.