How Chicago police handle bicycle accidents is crucial information for anyone who wants to ride bikes in downtown Chicago.
According to Chicago Municipal Code §9-52-010, bicyclists are subject to the same traffic laws and responsibilities as other road users. For example, they must obey traffic signals, stop at every red light, yield to pedestrians, and signal their intention to turn for oncoming traffic.
This responsibility includes reporting accidents under Illinois statute 625 ILCS 5/11-407. Unfortunately, cyclists may face discrimination or find inaccuracies in the accident report, which is why an experienced attorney is an essential ally for bike riders. Contact a Chicago bike crash attorney from our team as soon as possible for a consultation about your legal rights.
Chicago Police Department’s Role in Bicycle Accident Response
CPD officers enforce traffic laws and bike rules, which means they also determine who is responsible for an accident. They respond to accidents, gather information, and submit reports that can be used as evidence in a personal injury claim.
Responding to the Scene: Priorities and Procedures
After an accident, the law enforcement officer will take these steps:
- Secure the scene to preserve evidence and ensure everyone’s safety
- Provide medical assistance or call for an ambulance
- Assess motorists, cyclists, and car passengers for injuries
Gathering Information at the Scene
CPD needs to gather various information from all parties involved, which includes the following.
Statements from All Parties – The officer will interview the driver, cyclist, passengers, and any eyewitnesses to learn how the event occurred.
Contact and Insurance Information – Contact information and insurance policy details will be gathered from all involved parties.
Vehicle Information – This includes the make, model, and license plate. For bikes, they may take down the manufacturer information and registration numbers.
Scene Documentation – Officers will take photos of wounds, property damage, and the angle of all vehicles, which are included in reports. They will also draw a diagram of the scene, which can be used to determine liability.
Contributing Factors – The officer’s report includes road hazards, weather conditions, and issues like malfunctioning traffic lights or blind spots.
The Chicago Police Accident Report (Traffic Crash Report)
The CPD uses the SR 1050 form. This is the only form allowed by the State Department of Transportation, as it is standardized and allows the state to gather a variety of information on car accidents.
Key Information Contained in the Police Report
The SR 1050 includes key information that your attorney can use to determine liability. This includes:
- Date, time, and location of the incident
- Names and contact information for involved parties, including cyclist, motorist, and witnesses
- Vehicle and bicycle information, like make, model, and year
- Diagram of the scene
- Narrative based on witness statements
- Officer’s opinion on contributing factors and fault
- Any traffic violations
- Tickets and citations issued
How to Obtain a Copy of the Police Report
Anyone is allowed to request a copy of a traffic report, which can be done online, in person, or by mail.
Online – Use the CPD traffic crash report online portal.
In Person – Visit 3510 South Michigan Avenue Chicago, IL 60653. Service hours are Monday through Friday, 8 am to 1:30 pm. You can also call (312) 745-5130 during normal business hours.
Mail – Mail a self-addressed stamped envelope and a check or money order made out to Department of Revenue, City of Chicago. The address is Unit 163, 3510 S. Michigan Ave., Chicago, IL 60653.
For any request, you will need the report number and date or contact information and date for any person involved. There is a $6 fee for all reports.
Correcting Errors in the Police Report
If the report contains errors, you must request an amended version. Contact the issuing officer and provide evidence, such as witness statements, photos, or recordings, to prove the report is incorrect.
Potential Issues and Challenges with Police Response and Reporting
While most officers are fair to motorists, pedestrians, and cyclists, the CPD is not perfect. Some bike riders may face the following challenges when trying to report an incident.
Bias Against Cyclists – Law enforcement may believe that cyclists are nuisances and side with motorists. For example, they may claim that cars have right-of-way at stop signs, even though a bicyclist has the same rights at a four-way intersection as anyone else. They may also falsely insist that cyclists should only use certain streets, not ride on marked sidewalks, or always use bike lanes.
Being Unaware of Bike Laws – Officers may know traffic law but not know the special rules that apply to cyclists, such as §9-52-010, which states that cyclists can dismount and make a right-hand turn like a pedestrian even when signs prohibit it for cars.
Failure to Thoroughly Investigate – With so many streets to monitor and tickets to give out, officers may not fully investigate each traffic event as they should.
Failure to Issue Tickets and Citations – Tickets can help prove that an incident was due to a driver’s failure, meaning that a failure to cite the motorist can make it harder to prove negligence.
What to Do if You Disagree with the Police Report
Inaccurate reports can significantly impact your opportunity to get compensation – and sadly, law enforcement may be intentionally misrepresenting your claim. In Zidek v. City of Chicago, an officer hit a bicyclist with his SUV in the Lake View neighborhood while chasing a suspect. The car was unmarked and was not using lights or sirens.
Zidek sustained a fractured pelvis and leg, road rash, and facial disfigurement. However, the city claimed that the bicyclist had run a stop sign and that the car had activated its sirens before passing through the intersection of Wellington and Racine. Witnesses disagreed with this and noted that responding officers failed to provide medical aid to Zidek.
The responding officer then falsified the report to blame Zidek. In the lawsuit, the city claimed that the Tort Immunity Act, §745 ILCS 10, meant the case should be dismissed. The city also noted that officers are allowed to break traffic laws while in pursuit of a suspect, though this still does not absolve them of responsibility for harming a bicyclist.
While Zidek’s is a rare case, and most times, the CPD accurately applies traffic laws and determines negligence, mistakes and omissions do happen even in good faith. If you feel that the responding officer has misrepresented your case, you should take the following steps.
Gather More Evidence – Speak to any witnesses who saw you riding and ask them for their narrative. For example, if the report falsely claimed that you ran stop signs or did not signal, a witness should be able to correct the record. You should also look for dash cam footage, surveillance footage, or photos and videos of the scene. Your attorney can help you find this.
Contact the Officer – Contact the precinct that issued the report and request to speak to the officer who wrote the report. Be specific about what you believe was an inaccuracy, such as falsely claiming there was a red light when there was a green light or that you were not in the bike lane.
Request a Supplemental Report – Provide the evidence that you have gathered and ask that a supplemental report be included.
Contact a Lawyer – A Chicago law firm can assist you in communicating with the officer and any other parties involved in this case. Not only does this allow you to focus on healing, but it also means that you will not damage your claim.
How a Chicago Bicycle Accident Lawyer Can Help
Chicago bicyclists may find it difficult to navigate the legal system, communicate with third parties, and gather the necessary evidence to support their claim. Thankfully, personal injury attorneys are here to help cyclists stay safe and get the compensation they deserve.
Our nationally recognized law firm can assist you with many tasks related to official reports, including the following.
Independent Investigations – We have access to resources that may not be available to the average person, such as accident reconstruction consultants. After filing a lawsuit, we can subpoena local businesses or witnesses to access surveillance footage or dashcams.
Evidence Analysis – Using our experience, we can identify why the incident occurred and what the evidence may suggest about its cause. We can also consult with professionals who can provide their impartial opinion about what happened.
Challenging Inaccurate Reports – Using the evidence we have gathered, we can contact the relevant precinct and challenge the report. We’re familiar with the department’s procedures, including how they may attempt to intimidate witnesses or deny victims a chance for a second investigation. Through legal means, we can push for better transparency.
Filing a Lawsuit – In some cases, like Zidek v. City of Chicago, the city has a role in why the case is not being accurately represented. We can challenge them in court to ensure that your case gets the attention it deserves.
Secure Expert Legal Counsel!
While CPD is charged with enforcement of all transportation laws, they may not give your case the attention it deserves. Our law firm has worked with over 5,000 clients, recovering over $450 million in damages. Our attorneys are ready to fight for your rights and ensure that you receive the compensation you deserve. Schedule your free consultation with an Illinois bike crash attorney today.
