Cyclists’ rights after hit-and-run in Chicago are the same as for motorists. According to Chicago Municipal Code §9-52-010, bicycle riders have the same rights and responsibilities as motor vehicle drivers, including reporting crashes in accordance with Illinois law 625 ILCS 5/11-408.
However, many Chicago-area drivers are not aware of these laws and may not stop after cycling accidents. This makes it more challenging to investigate and seek fair compensation for these crashes.
Our Chicago bike crash law firm will help you navigate the legal system and ensure you get maximum compensation for your injuries. Contact us today for a free consultation about your legal rights.
Chicago Statistics on Hit-and-Run Bicycle Accidents
Hit-and-run accidents have been a serious issue in Chicago for over a decade. According to the City of Chicago bike crash statistics, 25% of bicycle injuries and fatalities in 2012 were caused by hit-and-runs.
Streetsblog Chicago analyzed Chicago Police Department traffic reports and found 13 pedestrian hit-and-run fatalities, as well as four hit-and-run bicyclist fatalities, in 2024.
Bicycle accidents can occur for a number of reasons. People Powered Movement, a cyclist advocacy group, found that 90% of Chicago bicycle crashes are due to driver negligence. This can include:
- Refusing to yield the right of way
- Disobeying traffic signals, like stop signs and red lights
- Distracted driving, such as paying attention to passengers or phones
- Failing to provide at least three feet for cyclists to pass, as required by §625 ILCS 5/11-703
Other causes of bicycle accidents include road hazards, failing to follow traffic laws like using hand signals, and low visibility. Cyclists should always have rear red reflectors, lights, and bright clothing to make themselves more visible, especially at night.
Why Hit-and-Run Accidents are Particularly Challenging for Cyclists
Hit-and-run accidents can be particularly challenging to injured cyclists for a number of reasons, including the following.
Failing to Identify the Driver and Vehicle – This means that the police report will be incomplete, making it harder to open a personal injury claim. They may also not be able to secure witness information that can help them take legal action.
Lack of Insurance Information – When the motorist flees the scene, the cyclist can’t contact their insurance company to open a claim. This means that they and their lawyer need to thoroughly investigate all available evidence in hopes of finding the at-fault driver.
Longer Investigation – A lack of contact details means that the police and insurance companies have to rely on surveillance footage and community resources to find the person, making hit-and-run bicycle cases significantly longer.
Emotional Trauma – Cyclists may struggle with a sense of injustice, depression, anger at the negligent driver, and confusion about what caused the crash. They may even blame themselves, even if they were not at fault.
Your Rights as a Cyclist After a Hit-and-Run Accident in Chicago
Cyclists have rights after an accident. These include the right to seek medical treatment, report the accident to the police, and seek compensation for medical expenses, lost wages, and property damage.
You also have the right to legal representation for bicycle accident cases. Contact a personal injury lawyer to guide you through the legal process and negotiate with insurance companies.
Immediate Steps to Take After a Hit-and-Run Bicycle Accident
You must act quickly after a bike crash to ensure your safety and preserve evidence. Follow these steps as soon as possible.
Prioritize Safety – Get to a safe location, like a sidewalk. Stay out of the way of other vehicles or bicycle traffic whenever possible.
Call 911 – Tell the dispatcher your exact location. Ask for police and an ambulance. A police report makes your accident part of the official record, which supports your legal claim.
Get Information – Try to gather evidence at the accident scene. If you remember the make and model of the at-fault vehicle, tell the officer so it can be included in the accident report. Even a few digits of a license plate number can be helpful in narrowing down suspects. You should also take videos and photos of the scene.
Seek Medical Attention Immediately – Bicycle crashes often cause life-threatening injuries. Even if you don’t feel hurt, go to the hospital.
Preserve Evidence – Keep your bicycle, helmet, and clothing as evidence.
Keep Detailed Records – Track your medical bills, lost income, and out-of-pocket expenses.
Do Not Discuss the Accident – Don’t discuss the crash with anyone but your attorney and the police.
Seeking Compensation After a Hit-and-Run Bicycle Accident
Even if you don’t identify the driver, you may still be able to get compensation. Options include:
- Your uninsured motorist (UM) coverage
- Underinsured Motorist (UIM) coverage if the driver does not have enough coverage
- Filing a lawsuit against a “John” or “Jane Doe”
- Working with police and your attorney to identify the driver
Pursuing a Hit-and-Run Bicycle Accident Claim
Bike accidents have a slightly different legal process than car accidents. This includes:
- Consulting with a bicycle accident attorney
- Investigating the accident to identify the driver
- Filing a claim with your insurance company through a UM or UIM claim
- Negotiating with your insurance company
- Filing a lawsuit if the driver is identified
Compensation You May Be Entitled to in a Hit-and-Run Bicycle Accident
You may be eligible for both economic and non-economic damages. These include:
- Medical bills
- Out-of-pocket medical expenses
- Lost wages
- Property damage
- Future loss of income
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Statute of Limitations for Hit-and-Run Bicycle Accident Claims in Illinois
§735 ILCS 5/13-202 states that the statute of limitations is two years for bicycle accident claims. This means you must act quickly to preserve your legal rights.
Why You Need a Chicago Bicycle Accident Lawyer for a Hit-and-Run Case
Accident lawyers ease the legal process and have access to resources that can help identify the driver. They can negotiate with your insurance company to get your injuries covered as well as file a lawsuit if necessary. Through this work, they ensure that you can recuperate in comfort and focus on healing.
Secure Expert Legal Counsel!
We are a nationally recognized law firm with a 98% success rate. By working on a contingency fee basis, we ensure that everyone has access to top-notch legal representation, regardless of their means. Our Illinois bike accident law firm has recovered over $450 million in damages for our clients. To schedule your free consultation, call us or use our online contact form.
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