A bicycle crash on a Chicago road or trail can leave you with injuries, medical bills and missed work. It can also leave you wondering who may be responsible. The answer often depends on where the crash happened and what caused it. If your crash happened across the state line in Indiana, different laws may apply.
What injuries can a bicycle crash cause?
A fall or collision can cause road rash, broken bones, traumatic brain injuries and spinal cord injuries. Some may require extended treatment or time away from work.
Who may be responsible for the accident?
Depending on what caused the crash and where it happened, responsibility may involve:
- Driver: A motorist may be responsible if they failed to yield or broke another traffic rule.
- Local government entity: Responsibility for a public road or trail hazard may depend on the type of property and whether it was intended for bicycle use.
- Property owner: An owner may be responsible if a dangerous condition on a private road or trail contributed to the crash, depending on how the property was used and Illinois recreational-use laws.
- Manufacturer: A manufacturer may be responsible if a defective bicycle or part contributed to the crash.
Photos of the scene, witness information, crash reports and the bicycle can help document how the crash happened. Medical and wage records can show resulting losses.
What if you share some fault?
Under Illinois comparative fault law, you can receive compensation as long as you are not more than 50% responsible for the accident. Your share of fault reduces your compensation. If you are more than 50% at fault, you cannot recover damages.
Why identifying the responsible party matters
Identifying who may be responsible can also affect how much time you have to act. Illinois generally gives you two years to file a personal injury lawsuit, but lawsuits against a local government entity or its employee generally must be filed within one year. An attorney can help determine which rules apply, preserve evidence and assess which parties may be responsible.
