Getting where you need to go on a bicycle has several advantages: it’s good for your health, it saves you on fuel costs, and it’s good for the environment. If you’ve ever ridden your bike on one of Illinois’ busy roads, however, you also know that cyclists face additional dangers and risks. Sometimes the worst happens and you get in an accident with a car. What should you do? Do bicyclists have rights?
Illinois Bicycle Laws
Like the vehicles that share the road, bicycles also must follow certain road laws. In fact, cyclists must be aware of specific laws as mandated by the Illinois Vehicle Code. For example, someone on a bike must follow certain regulations and meet safety requirements outlined by the Illinois Secretary of State. Cyclists should be vigilant when it comes to the safety of their own bikes as well as hyper-aware of other driver’s actions.
Some of the most important laws that bicycles must follow are the general rules of the road such as stop sign and stop light usage, proper turning, and signaling. Although the way cyclists abide by such rules may be different than someone in a car or truck, they must still follow all of the laws of the road on which they’re riding.
Do Bicyclists Have Rights After a Car Accident?
Each accident happens under different circumstances. Understanding the details of the accident and who caused it goes a long way in determining which rights a bicycle rider has after an accident, and which actions he or she should take.
Determining Fault
Like an accident between two motor vehicles, an accident between a bicycle rider and a car falls under state laws for modified comparative negligence. That means that the cyclist can share fault with a driver if it’s determined that he or she had a part in causing the collision. However, when it comes to comparative negligence laws in Illinois, the cyclist must be under 50% at fault in order to recover damages and receive compensation for any losses such as injuries or property damage.
As long as the cyclist was less than 50% at fault, he or she has the right to pursue compensation.
- Insurance – If the driver was at fault, the cyclist can pursue compensation by filing a claim with the at-fault driver’s insurance company.
- Court – If efforts to negotiate a fair settlement fail, the cyclist can take legal action against the driver in court.
What to Do After an Accident
When an accident occurs between a motor vehicle and a bicyclist, the cyclist is often the one with more serious injuries. After an accident, it’s important for a cyclist to call 911 – both to file a police report and get a record of the accident and to get paramedics to the location as soon as possible. Adrenaline and shock can often mask more serious injuries, so a cyclist should always receive medical attention following an accident with a car. Stay at the scene of the accident and exchange information with the driver, including insurance details, identification, and license plate number. If there were any witnesses, be sure to ask for their contact information as it can play a significant role in determining who was at fault. Don’t be afraid to ask for help if you notice anyone who might have seen the accident happen.
Finally, once you’ve started the road to recovery, you should discuss the details of your case with an Illinois car accident attorney. Find a skilled lawyer who has an in-depth understanding of your rights as a cyclist and can help protect them as you pursue justice. If you have questions about your rights or how to pursue compensation, don’t hesitate to contact the Saperstein Law Group for a free case evaluation.