Free Consultation
Injured in a bicycle accident? Our experienced attorneys are ready to fight for your rights.
Bicycle Cases We Handle
- Dooring Accidents
- Right Hook Accidents
- Left Hook Accidents
- Sideswipe Accidents
- Crosswalk Accidents
- Road Rage Incidents
- Hit and Run Incidents
- E-Bike Crashes
- E-Scooter Crashes
- Bus Collisions
- Truck Collisions
- Rideshare Collisions
- Taxi Collisions
- Failure to Stop Accidents
- Underinsured Motorist Collisions
- Product Liability Claims
- Delivery Worker Accidents
- Messenger Accidents
- Bike Share Incidents
Road Rage Bicycle Accidents
Advocating for Cyclists Injured by Aggressive Drivers
Our Chicago road rage bicycle accident attorneys recognize the dangers cyclists face when reckless or aggressive drivers cause serious crashes. Our Chicago bike accident law firm is committed to helping injured bicyclists fight for the compensation they deserve for medical expenses, lost wages, and other damages.
Some of our bike crash case settlements include:
- $2,250,000 – A commuter sustained a severe head injury after being struck by a vehicle while riding to work.
- $1,000,000 – A 26-year-old cyclist suffered a torn rotator cuff when a driver violated traffic laws and opened a car door into her path, causing a crash.
- $760,000 – A cyclist waiting at a red light was rear-ended by a driver who later blamed poor lighting for the accident.
Chicago Statistics
According to Chicago bike accident stats, the city ranks fourth among U.S. cities for road rage incidents. Based on data from the Chicago Traffic Crashes Annual Report, a dozen bike riders are fatally injured every year in traffic accidents involving bicycle crashes and road rage.
Furthermore, The City of Chicago reports an annual average of around 1,400 bike crashes, 145 of them resulting in incapacitating injuries for the cyclist, 826 of them resulting in non-incapacitating injuries, and 7 of them being fatal. July was reported to be the month with the highest rate of bike accidents in Chicago.
Common Types of Road Rage Bicycle Crashes
Road rage involving cyclists can come in many forms, each possibly escalating and putting the bicycle riders in serious danger. The most common being:
- Intentional collisions – many drivers who are angry, frustrated, or impatient may strike bicyclists intentionally.
- Forcing a cyclist off the road – a motorist might intentionally swerve or crowd a cyclist into a curb, a ditch, or another dangerous spot, forcing their vehicle into bike lanes, and compromising the bicyclist’s safety.
- Throwing objects at the cyclist – the angry driver of the motor vehicle may hurl an object at the cyclist, endangering their safety.
- Verbal threats/harassment – any verbal interaction such as yelling insults, threats, rude gestures, or obscenities at cyclists. Such behavior often escalates into reckless driving.
- Close passing and “buzzing” – when a motorist drives in close proximity on purpose, creating a dangerous situation. The cyclist may be directly hit by a side mirror, causing a collision, or may lose balance due to the sudden change in air pressure. Also, the bicyclist might crash due to fear of being hit.
How to Determine Fault in Road Rage Bike Accidents
Determining fault in accidents involving road rage is dependent on proving the driver’s negligence, recklessness, or intention (to cause harm).
There are two types of fault in road rage bicycle accidents: recklessness and intentional misconduct.
Unlike the two above, negligence isn’t a primary basis for fault in road rage accidents involving cyclists because road rage, in its nature, involves aggressive or hostile intent.
Recklessness
Happens when the motorist knows their actions create a greater risk of harm, but the driver disregards that risk.
Example: An angry driver aggressively swerves their car too close to a cyclis,t resulting in the cyclist crashing.
Intentional Misconduct
Happens when the motorist deliberately harms a cyclist. This can lead to either civil liability (intentional tort) or criminal charges (e.g., assault, battery, homicide).
Example: An enraged driver intentionally hits a bicyclist with their car, causing a collision or forcing the cyclist off the road.
Time Limit to File a Claim
Under 735 ILCS 5/13-202, the Illinois statute of limitations for bicycle accident claims is 2 years.
A notable exception is minors. According to 735 ILSC 5/13/211, the filing period for persons under the age of 18 is tolled until the person attains the age of 18.
Additionally, if the injury isn’t immediately apparent, the limitation period may begin when the injury is discovered.
Steps to Take After a Road Rage Bicycle Accident in Chicago
Road rage-related accidents, whenever cyclists are victims, can often be a traumatic event. Because of it, it’s critical to know exactly what to do following the incident; especially in cases of filing legal claims.
Seek Immediate Medical Attention
The first thing you should do is remain calm and call 911. Ask the dispatcher for police and immediate medical attention.
Regardless of the physical injuries being minor, major, or seemingly not apparent (e.g., concussion, internal damage), you should always seek immediate medical attention. Safety first, there are no exceptions.
If you are in an obscured or low-visibility area, use hand signals or your phone’s flashlight to get the responder’s attention and help them locate you.
Apart from taking care of your health and safety, having a medical record and a police report as evidence is important for future legal claims.
Document Everything
Use your phone to take photos/videos of the scene, your bicycle, the car, and the driver, any resulting damage, as well as yourself and any visible harm. Ensure you have clear visible photographic proof of yourself wearing safety gear such as the helmet.
Furthermore, try capturing the driver’s license (as well as the issuing state), and get contact information and details from witnesses.
All these will be considered evidence.
Do Not Engage with the Aggressive Driver Further
Since the situation is already serious and tense, do not further engage with the driver so as not to cause an escalation.
If the driver is hostile or starts to act aggressively, make sure to keep your distance, stay visible, and avoid confrontation, any altercation, and eye contact until authorities arrive.
Do Not Admit Fault or Discuss the Accident with Insurance Companies Without Legal Advice
Don’t make any statements that could be used against you, such as apologizing or admitting fault (even partial fault). If unsure, refrain from answering questions.
Never speak to the driver’s insurance company before you talk to your lawyer because insurers might use your language against you to minimize/deny claims.
How Your Road Rage Bike Claim or Lawsuit Should Be Filed
- Get in touch and consult with a Chicago bicycle accident attorney.
- The attorney will investigate the road rage case and then gather and examine the evidence to prove who’s at fault.
- Next, you’ll file an insurance claim. Negotiations with the at-fault driver’s insurer may lead to a settlement.
- If no settlement is reached, you’ll file a lawsuit in the Illinois Court.
- During the discovery process, both sides will exchange evidence and take depositions to build their arguments.
- After the discovery process, negotiations will continue. If there’s no resolution, the case could go to trial, where a judge or jury will determine the outcome.
Compensation You Can Recover for Road Rage Bicycle Injuries
Victims of bike rage accidents may be entitled to compensation for various damages. This includes medical expenses such as emergency care, surgeries, rehabilitation, and ongoing treatment. If the injuries prevent work, victims can recover lost wages and compensation for reduced earning capacity.
Pain and suffering damages account for physical pain, emotional distress, and long-term trauma. Property damage covers the repair or replacement of the bicycle and other personal belongings.
In cases of extreme recklessness or intentional harm, victims may also seek punitive damages. If the accident results in a fatality, surviving family members can pursue wrongful death damages, including funeral costs and loss of financial support.
Benefits of Hiring a Bicycle Road Rage Accident Attorney
Hiring a bicycle road rage accident attorney can help you not only get fair compensation but also maximize the possible compensation that you might receive. The lawyer will also help and advise you in all steps of the legal process.
A lawyer will also handle negotiations with insurance companies so that you don’t have to settle for lowball offers.
If these fail, the lawyer will file a lawsuit and then represent you in a court of law. With legal representation, you have a much better chance of getting the outcome you want.
Consult a Chicago Road Rage Bicycle Accident Attorney Near You!
Our Illinois bike accident law firm has a proven track record of getting compensation for cyclists who were injured in road rage accidents. We understands the severity of the consequences aggressive driving has and is committed to protecting the rights of injured bicyclists.
If you or a loved one suffered a road rage injury, contact us for a free consultation to enquire about your legal rights.
