Motor vehicle accidents involving bicycles all too often result in a horrific death for the bicyclist. The disparity between even the biggest mountain bike and the smallest car or hatchback creates an obvious danger for a cyclist slammed with any amount of force in the collision. For more, read our previous article, This Week’s Funeral for Beloved NHL Gaudreau Brothers Spotlights Growing Danger of Fatal Bicycle Accidents.
Danger of Bicycle Accident Deaths in Illinois and Indiana
However, things are particularly concerning for those who ride bicycles here in our part of the country. Consider this: in 2021, the number of bicyclist fatalities in Indianapolis jumped a shocking 75% according to The League of American Bicyclists and the National Highway Traffic Safety Administration (“NHTSA”). Read, “Indianapolis bicycle deaths increasingly common,” written by James Briggs and published by AXIOS Indianapolis on June 5, 2023.
Meanwhile, around 70% of all bicycle fatalities in the State of Illinois occur in Chicago, and the fatality rate for Illinois bicyclists has steadily risen for the past four years. See, Our Response to Fatal Crashes published by Ride Illinois. And despite a consensus among government regulators, safety agencies, and advocates for accident victims and their loved ones that these risks are too high, things are not getting safer for those riding bikes. Especially so for adults over the age of 20, explains the Insurance Institute for Highway Safety (IIHS), relying upon June 2024 data provided by the U.S. Department of Transportation’s Fatality Analysis Reporting System:
A total of 1,084 bicyclists were killed in crashes with motor vehicles in 2022, the highest number ever recorded. Bicyclist deaths have increased 8% since 1975, and have increased 75% since reaching their lowest point in 2010. Most bicyclist deaths in 2022 (89%) were among people age 20 and older. Deaths among bicyclists younger than 20 have declined 88% since 1975, while deaths among bicyclists 20 and older have increased almost fivefold. In every year since 1975, many more male than female bicyclists were killed in crashes with motor vehicles.
5 Safety Steps for Bicyclists
Of course, the best result in these situations is for a savvy bicyclist to be well aware of the hazards of riding on our local roadways and to take extra precautions to avoid a crash with any type of motor vehicle.
Things that the bicyclist can do to protect against a deadly collision include:
- Understanding all the traffic laws that apply both to motor vehicles as well as pedestrians and bicyclists. Bicycle Indiana, for instance, offers a “law card” to bicyclists that provides the “rules of the road” in English, Spanish, Burmese, and Chinese. Bicyclists need to know they are legally required to do things like stop at all stop signs as well as at traffic lights, and they must signal their left and right turns just like anyone driving a car or truck.
- It is not paranoia to be vigilant at all times while riding a bicycle on any street, road, or lane in Illinois or Indiana. It is wise to monitor everything that is happening both on the roadway as well as what is going on behind and ahead of the bicyclist. Road debris could force a bicyclist out of their bike lane: the cyclist should be alert to the hazard and ready to avoid being forced into traffic.
- Additionally, cyclists should assume that drivers do not always see the bicycle, or may be indifferent to their risks. Defensive biking is smart. And being very obvious on the ride is a good thing. Brightly colored clothing and reflective gear are always a good idea. Inexpensive LED lights are helpful, too, and can be worn on the body (think hands, headgear) as well as on the parts of the bike itself. Night rides or biking at dusk or dawn are particularly dangerous times for a crash.
- Another defensive measure that bicyclists should take is knowing their route. It is wise to do things like keeping an eye on their upcoming path and looking for various ways they can maneuver the bike to avoid negligent drivers who are about to collide with them, if necessary. A road with a good shoulder means the bike can veer off the roadway if necessary, and this route may be preferable to a route with high curbs or other barriers to an easy escape route. A road with less traffic is a better choice than a busy street or intersection. Known danger zones should be avoided, like Chicago’s Milwaukee Avenue; Halsted Street; Damen Avenue; Clark Street; and Well Street.
- Wear Personal Protective Equipment (“PPE”) that includes a quality bike helmet. Easily seen, inexpensive bike safety vests are also helpful. For more on helmets, read Helmets and Head Injuries: Construction, Football, Bicycles, Motorcycles, and More.
After a Serious Motor Vehicle Collision with a Bicycle, What Happens?
As in any severe motor vehicle accident, the primary concern will be to get emergency medical care for the accident victims and for law enforcement to begin investigations into possible criminal conduct. Afterwards, there will be additional investigators working on behalf of government agencies; insurance carriers; employers; and the victims themselves. See, Why a Lawyer who is a Trial Attorney Is Important for Accident Victims in Personal Injury Cases.
Determining Those Who May Be Liable
For the bicyclist, there may be legal claims for damages to be asserted against one or more parties who may have responsibility under the law for what happened. After an investigation into the event and legal analysis of the findings, liability may fall on one or more individuals or companies, such as:
- Someone in a parked car may be deemed liable for a deadly bike crash if there was a “dooring accident.” In these situations, someone opens a vehicle door right in the path of the bicyclist just as they are riding past the car, SUV, van, or pickup, and it is against the law to do so. See, 625 ILCS 5/11-1407.
- Employers may be liable to bicyclists who were on the job at the time of the accident, as for example couriers, or someone delivering food for services like DoorDash.
- Employers of the driver of the motor vehicle may be liable if the driver was on the job at the time of the collision. This may involve trucking companies; taxi cab companies; Uber or Lift ridesharing services; FedEx, Amazon, or other delivery services, and more.
- The driver of the motor vehicle will be liable for driving negligently (once the elements of a negligence claim are proven).
- Manufacturers of the bicycle may be liable for a failure of the product or a part on the bicycle.
- Manufacturers, designers, distributors, and others may be liable for a failure of any aspect of the motor vehicle (think brake failure or a blown tire, for example).
Compensation After Serious Bike Crash
Both Indiana and Illinois law provide specific kinds of damages to those who are catastrophically injured or killed in a motor vehicle collision with a bicycle. The injured person as well as certain family members may recover legal compensation under statutes that provide for things like:
- Medical treatment at the accident scene (EMS)
- Extended medical care (present, future)
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of consortium
- Loss of quality of life
- Wrongful death damages as defined by statute.
For more, read:
- Bicycle Accidents in Indiana and Illinois: Are Bicycle Safety Awareness Campaigns Working?
- Bicycle Accidents Can Kill: Danger of a Fatal Bike Crash in Indiana and Illinois
- 10 Tips for Preventing Bicycle Injuries: Practice Bicycle Safety in Indiana and Illinois
- Ride a Bicycle or Take a Walk in Indiana or Illinois: Rising Danger of Large Truck Accidents with Pedestrians and Bicyclists.
Each fatal bicycle crash must be zealously investigated by those advocating for the victims and it is to be expected that the actions of the bicyclists must be defended against those who will try to divert blame to the bicycle and its operations in any way possible. Bicycle death rates are unacceptably high in Elkhart, Chicago, South Bend, Merrillville and throughout Illinois and Indiana. Please be careful out there!
