Chicago cyclists and distracted driving laws are a crucial element of personal injury cases, as this negligent behavior is a leading cause of death for bike riders.
According to the National Highway Traffic Safety Administration (NHTSA), distracted drivers caused at least 3,308 fatalities nationwide in 2022. According to the Chicago Department of Transportation, 54% of Chicago households own and use a bicycle often, meaning that thousands are in danger of serious crashes due to inattentive drivers.
Illinois has strict traffic laws regarding distractions while driving, and we can help prove that the at-fault driver violated these rules. Schedule a free consultation with an experienced Chicago bike accident attorney about your legal rights.
Common Types of Distracted Driving
Distracted driving comes in many forms, including the following.
Texting While Driving – The NHTSA notes that this is the most dangerous form of inattentive driving, as it takes your eyes off the road for significantly longer. Because pedestrians or bikes in crosswalks have a much smaller profile than sedans or trucks, it’s easier not to see them, even if you notice a green light from the edge of your vision.
Talking on a Cell Phone – Whether handheld or hands-free, talking on a cell phone distracts you from the road, making it easier to miss people biking or walking. You may not be able to slam on the brakes fast enough to avoid striking a bike or pedestrian.
Using Navigation Systems or Apps – While Chicago’s grid-based road system makes it easier to navigate its roadways, many still rely on Google Maps or other navigation systems to get around.
Eating or Drinking — People who open drinks, unwrap food, or dig in a chip bag cannot focus exclusively on the road.
Adjusting Controls – Changing the radio, turning down the air, or checking the fuel gauge can all put bicyclists at risk. While stick shifts are less common in the United States, they require more attention and can make it harder to react quickly.
Interacting with Passengers – Many people talk to their passengers while in the car, which also means they are not giving their full attention to the road. For example, someone may be attempting to mediate an argument between their kids and end up hitting a bicyclist.
Staying fully aware of one’s surroundings is one of the best and easiest ways that a driver can improve safety for everyone on the road, including those riding or walking on sidewalks and bike lanes.
The Impact of Distracted Driving on Reaction Time and Awareness
When people are not aware of their surroundings, they put everyone’s safety at risk. Texting is worse than other distractions because it takes one’s eyes off the road for at least five seconds. When traveling at 55 mph, this means that the motorist has essentially been driving blind for the length of a football field.
Research from the University of Iowa showed that a person forced to answer questions while directing their attention to different objects took twice as long to follow directions. This mimics the conditions that occur when sending messages while behind the wheel.
Virginia Tech also found that using a mobile device made people 23 times more likely to be involved in a crash. Cellular usage reduces a person’s attention by at least 37%, making it hard to react quickly to people walking or riding in their path.
Illinois State Laws on Distracted Driving
Illinois traffic enforcement is strict about distractions while operating a motor vehicle. Using a handheld device is illegal in every county, as §625 ILCS 5/12-610.2 bans them. Violators who cause serious injuries or death may face a Class 4 Felony.
Per §625 ILCS 5/12-610.2(c), a person’s first violation results in a fine of $75, with fines increasing up to $150 for a fourth offense. The Illinois Tollway also notes that those with three or more moving violations within 12 months may have their license suspended.
Exceptions to the statutes include contacting emergency services, pulling over to the shoulder to send a message, or using certain devices, such as transponders or fleet management systems for buses and trucks.
It’s important to note that cyclists are also beholden to these rules because, according to ordinance §9-52-010, those on bikes have the same rights and responsibilities as other traffic. Specifically, §9-52-110 bans cyclists from using any electronic communication device while riding. If you cause an accident, you can be charged $500, just like motorists.
This was the case in Ocasio v. National Waste Services, filed in 2007. Blanca Ocasio was riding through the Logan Park neighborhood while talking on her cell when she was fatally struck by a waste truck turning onto Armitage Avenue.
Chicago Ordinances on Distracted Driving
The Chicago Municipal Code §9-76-230 also bans dangerous distractions, such as sending text messages while behind the wheel. Per §9-4-020, those who violate the ordinances may receive a fine anywhere between $90 and $500 depending on the offense.
They may also receive another ticket for imperiling bicyclists under §9-4-025. For example, those who stop in curb lanes or bike lanes and then cause a bike accident are violating §9-40-060 and can receive a $500 ticket.
Proving Distracted Driving in a Chicago Bicycle Accident Case
Attorneys can use a variety of evidence to demonstrate that the at-fault driver was occupied and that their actions contributed to the crash. This includes the following information.
Police Reports – This official traffic report provides the responding officer’s interpretation of the incident, which will include whether or not anyone witnessed the driver ignoring the road. The diagrams contained in the report will show the car’s relation to signs, lights, and other infrastructure, which can be used to show they were not paying attention.
Witness Testimony – Fellow cyclists or pedestrians can provide statements about what they saw, including whether the driver was focused on the road or had their head down.
Cellular Records – Calls, texts, and app activity can all demonstrate that the negligent motorist was busy at the time of the accident.
Social Media Posts – In some cases, the person has provided online evidence of their dangerous behavior. Posts, photos, videos, and messages on apps are usually timestamped, and attorneys can cross-reference this with other evidence.
Videos and Photos – Traffic cameras, dash cams, and surveillance footage often provide clear proof that the defendant did not see the bike because they weren’t looking at the road.
Expert Testimony – Accident reconstructionists are a helpful resource, especially if other evidence, such as eyewitness statements and surveillance footage, is not available. They can examine how the bike was struck and estimate things like speed, angle, and any defensive maneuvers any party may have taken after the collision. This can help prove whether a reasonable and alert person would have been able to avoid striking the cyclist.
How a Chicago Bicycle Accident Lawyer Can Help
Given the many challenges involved in proving that the driver was occupied during the incident, an attorney is an invaluable ally in proving your case.
Our Chicago bicycle accident lawyers will carefully gather evidence from numerous sources, such as social media, dashcams, police reports, and eyewitness testimony, to identify how the accident occurred. This helps to prove liability and ensures that you are not wrongly blamed for your injuries.
Thanks to our years of experience with litigation, we can push for maximum compensation from the insurance company that will cover all your needs. Additionally, we can file a personal injury lawsuit if needed and guide you through the legal process.
Compensation for Injuries Caused by Distracted Driving
There is no standard bike accident settlement amount, as it depends strongly on the amount of evidence available, how clear liability is, and the available insurance coverage. You may receive both economic and non-economic damages for injuries sustained in a bicycle accident.
Economic damages cover the financial losses incurred, which include the following:
- Medical bills
- Lost wages
- Future medical treatment
- Out-of-pocket expenses
- Loss of future income
- Property damage, such as bicycles, helmets, and accessories
- Burial expenses for wrongful death
Non-economic damages are more difficult to quantify. These are related to the social and emotional losses that come from the accident, and they will be proven based on your testimony, your family and friends’ testimony, and expert opinions. This can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship for wrongful death
- Grief for wrongful death
- Inconvenience
If the case goes to court, you may be eligible for punitive damages. These are reserved for when the motorist’s actions go beyond gross negligence, such as looking away from the road for an extended period or being intoxicated. This may also be more likely for fatalities caused by negligent behavior.
Secure Expert Legal Counsel!
Road safety is essential for bike riders, as they are more vulnerable to catastrophic injuries from collisions. If you’ve been harmed due to another person’s negligence, we are here to help. Our nationally recognized firm has recovered over $450 million in damages for clients and is feared by insurance companies due to our fierce advocacy. To schedule your free consultation with an experienced Illinois bike accident attorney, call us or use our online contact form.
