Hockey is a big deal here in our part of the country, with the Chicago Blackhawks ranking first in popularity in the National Hockey League with 6 Stanley Cups and over 2.5 Million fans. So, this week’s dual funeral in New Jersey of NHL star Johnny Gaudreau and his brother, Matthew, was a heartfelt and sad event for hockey fans in Illinois and Indiana as well as the rest of the country. The Columbus Blue Jackets winger, nicknamed “Johnny Hockey,” died with his younger brother as they were riding bicycles along a New Jersey roadway and were hit from behind by an SUV allegedly driven by a drunk driver.
For more, read the news coverage in “Tearful mourners gather for funeral of Johnny and Matthew Gaudreau after drunk driving tragedy,” written by Jorge Fitz-Gibbon and published by the New York Post on September 9, 2024; and “NHL star’s death shocks the US. He’s one of hundreds of bicyclists killed by vehicles every year,” written by Jonathan Limehouse and published by USA Today on August 30, 2024.
September may signify the changing of the seasons all around the Midwest, but temperatures are still warm enough to invite bicyclists of all ages to take to our roads. The Gaudreau Brothers tragedy is a somber reminder to us all of the risks facing bicyclists today.
Sadly, the reality is that anyone riding a bike in Illinois or Indiana faces an unacceptably high risk of serious injury or death in a motor vehicle accident.
NHTSA Statistics Warn of Rising Risk of Fatal Bicycle Accidents Involving Motor Vehicles
According to the National Highway Traffic Safety Administration (NHTSA) in its latest (July 2024) Traffic Safety Facts publication entitled “Bicyclists and Other Cyclists” (DOT HS 813 591) (“Safety Facts”), there was a shocking 13% jump in bicyclists killed in one year’s time (2022 compared to 2021), with an 11% increase in the number of people suffering serious bodily injuries but surviving the bike crash during that same time period.
The latest fatality number is the highest in the latest five reporting years, and an overwhelming 83% of these deaths happened in urban areas. Safety Facts, page 5. Moreover, NHTSA data confirms that most of these bicyclists died in motor vehicle accidents involving passenger cars and light trucks (think sedans; SUVs; pickups; and vans).
And almost a third of bicycle deaths happen during the months of September to November (27%), with only the summer months having a higher fatality rate (June to August, 30%). Safety Facts, page 5, 7.
This means that the danger of a severe or fatal bicycle accident remains very high for everyone in Illinois and Indiana for the next few months. Too many people are being killed while riding a bike in a collision with a passenger car or light truck.
How did the Gaudreau brothers die while riding their bikes?
According to news reports, Johnny and Matthew Gaudreau were bicycling along a New Jersey rural road, County Route 551 North, enjoying a ride together on the night before their sister’s wedding. A suspected drunk driver hit both bicyclists from behind as he tried passing other vehicles on the roadway. The force of the impact by the Jeep Grand Cherokee was so great that both men died at the scene. The driver has been charged with “death by auto” under New Jersey state law. For more, read “NHL star Johnny Gaudreau and his brother are killed on bicycle ride,” written by Bill Chappell and published by NPR on August 30, 2024.
Bike Crash Claims for Justice After a Catastrophic or Fatal Bicycle Accident
All too often, bicyclists are being hit by motor vehicles and suffering fatal injuries from the undeniable imbalance between the size and weight of the car, van, pickup, or SUV and the exposed bicyclist. For those who enjoy riding bicycles here in Illinois or Indiana, or those who need to ride their bikes to work or to school, there are safety laws in place that exist to keep them safe. Unfortunately, too many drivers fail to respect these protections with tragic consequences.
Those who suffer serious harm in a bicycle accident on our roads have avenues for redress where damages can be sought by the accident victim and their loved ones. These may be claims asserted against one or more individuals who are determined to have legal liability after a complete factual investigation into the bike crash and a legal analysis of liabilities under statute and court case precedent.
It will be the responsibility of the accident victim and their loved ones to pursue these legal claims and to substantiate them with enough authenticated and admissible evidence that they meet the legal burden of proof (preponderance of the evidence). This must be done alongside the horrific burden of dealing with the aftermath of the bike accident itself. When a fatality is involved, the representative of the decedent’s estate has a fiduciary duty to investigate the possibility of a wrongful death claim being filed on behalf of the deceased victim. For more, read Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois and Deadlines for Injury Victims to File Lawsuits: Statutes of Limitations.
Proving Fault in a Severe or Fatal Bicycle Accident
One of the key considerations in these matters will be the need to prove up fault in the accident. Things like the police reports filed by officers at the scene of the accident will be important here, as well as the findings of insurance adjusters and the final opinions of accident reconstruction experts.
There may be a huge controversy in bicycle accidents regarding the issue of fault. All too often, drivers will point the finger at the bicyclists and argue that the bike victim is to blame for what happened. They will say things like the bicyclist was riding outside the bike lane; riding on the wrong side of the road; ignoring traffic laws like stopping at red lights, signaling, etc.
It will be the responsibility of the bicyclist claimant and their loved ones to prove that those will legal duties of care breached those duties and caused the accident to happen.
Investigations can include data from event data recorders or black boxes found in the motor vehicle. The EDR recordings can be invaluable here. Experts can access EDR data and confirm things like:
- The driver was speeding;
- The driver failed to signal before turning into an intersection and the path of the bicyclist;
- The driver failed to use the brakes before the crash;
- The driver slammed the brakes and caused the crash;
- The driver was weaving, sliding, or otherwise operating in an illegal manner immediately prior to impact.
For more, read EDRs and Black Box Recordings in Car Crashes: Technological Data as Evidence of Fault in Personal Injury Claims.
Seeking Justice for Bike Crash Victims in Illinois and Indiana
There are statutes passed by state legislation as well as local municipal code regulations and court case precedent that all work together to help define the legal rights and remedies owed to bike crash victims in Illinois and Indiana. Claims for justice for the accident victim and their family members can include the following damages:
- Medical expenses;
- Future medical care needs;
- Pain and suffering;
- Lost wages;
- Lost future earning capacity;
- Permanent disability needs (think rehabilitation, pain protocols, etc.);
- Loss of a normal quality of life; and
- Loss of consortium.
For more, read:
- Catastrophic Injuries in an Accident: Damages for the Loss of a Normal Life
- Loss of Consortium Damages in Illinois or Indiana Work Accidents
- Loss of Earning Capacity Damages After Accident in Illinois or Indiana
- Damages Available After a Pedestrian Accident in Chicago
- Bicycle Accidents Can Kill: Danger of a Fatal Bike Crash in Indiana and Illinois.
Each bicycle accident is unique, and deserves individual respect and consideration. Having an experienced personal injury attorney in these types of cases can be invaluable to the victim and their loved ones. Please be careful out there!
