Bicycle Accidents Involving Shared Fault in Illinois

 Posted on July 17, 2020 in Bicycle Accidents

Riding a bicycle is a fun, healthy way to get from place to place. However, bicyclists must share the road with motorists. Distracted driving, drunk driving, and violation of traffic laws often put bicyclists' lives in danger. Many bicycle accidents result in serious injuries and death. In order to help prevent car-on-bicycle collisions, bicyclists are required to follow most of the same traffic rules that motorists must follow. If you were hurt in a bicycle accident and you were violating a traffic law, you may be considered to be partially at fault for the accident. Fortunately, you may still be able to bring a successful personal injury claim.

Bicycle Laws in Illinois

Bicyclists are expected to obey traffic laws and signage. They should travel in the same direction as the motor vehicles on the road. Traveling in the opposite direction of traffic is not only dangerous, it is also unlawful. Bicycles do not typically have electronic turn signals, but cyclists are still expected to indicate when they are turning. A left turn is indicated by placing your left arm straight out to the side. A right turn is indicated by placing your left arm at a 45-degree angle or placing your right arm straight out to the side. Bicyclists are also expected to stop at red lights and stop signs, travel the correct direction on one-way streets, and follow right of way laws at intersections.

Bicycle Accidents Involving Bicycle Law Violations

If you were struck by a vehicle while riding your bicycle, you have probably suffered personal injury as well as damage to your bicycle. A personal injury claim may allow you to collect compensation for the costs associated with the accident. However, if you were violating a traffic law at the time of the accident, you may be considered partially at fault. Illinois is a “modified comparative negligence” state when it comes to shared liability in an accident. This means that you may still be able to recover compensation for your damages as long as you were not more than 50 percent responsible for the accident. If the court determines that you were partially responsible for the accident, the damages you receive will be reduced according to your percentage of responsibility. For example, if you were struck by a car but you disobeyed a traffic signal, the court may determine that you were 20 percent responsible for the accident. If your damages were $10,000 in total, you would receive $8,000.

Contact a Waukegan Bicycle Accident Lawyer

Illinois allows individuals hurt in an accident to pursue compensation for their medical bills, property damage, and other costs even if they were partially at fault. To receive personalized advice about your bicycle accident claim, contact Salvi & Maher, L.L.C. Call our office today at 847-662-3303 and schedule a free consultation with an experienced Lake County personal injury attorney.

Sources:

https://cyberdriveillinois.com/publications/pdf_publications/dsd_a143.pdf

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/10.00.pdf