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Time Limit to File Bicycle Accident Lawsuit in Illinois
In Illinois, the general statute of limitations for a bicycle accident personal injury lawsuit is two years from when the cause of action accrued under 735 ILCS 5/13-202. However, shorter or different deadlines may apply in certain situations, including claims against local government entities.
An experienced Chicago attorney handling bicycle accident cases can guide you through every step of your bicycle accident case, including how long you have to file.
The general rule is two years, but the exact deadline can depend on the circumstances of your claim. The following deadlines provide a quick overview:
- General personal injury claim: Two years from when the cause of action accrued.
- Wrongful death claim: Generally two years after the person’s death.
- Claim against a local government entity or employee: Generally one year from when the injury was received or the cause of action accrued.
- Minor or person under a legal disability: The limitations period may be extended as provided by 735 ILCS 5/13-211.
- Fraudulent concealment: Up to five years after the person entitled to bring the action discovers the cause of action, subject to the statute.
- Delayed discovery: The applicable deadline may depend on when the injured person knew or reasonably should have known of the injury and its wrongful cause in circumstances where a discovery rule applies.
The exact deadline can depend on the facts of your case, so you should not assume that the general two-year period applies to every bicycle accident claim.
Statute of Limitations for Bicycle Accident Claims in Illinois
The statute of limitations for bicycle accident claims in Illinois is generally two years for a personal injury claim. Under 735 ILCS 5/13-202, an action for damages for an injury to the person generally must be commenced within two years after the cause of action accrued.
Illinois personal injury cases must be filed within the deadline, or you will lose your right to recover compensation through a lawsuit. As such, you must take legal action as soon as possible because bike and auto accidents take time to investigate.
How Long Do You Have to File a Bicycle Accident Lawsuit in Illinois?
The Illinois statute of limitations for bicycle accident cases is generally two years after the accident occurred, as mandated by §735 ILCS 5/13-202. The statute generally runs from when the cause of action accrues, so the exact starting date should be evaluated based on the facts of the case.
This does not mean that your case must be settled within two years. Many lawsuits will take longer than this to settle, such as Ferry v. Enterprise Leasing Co. This case involved a 23-year-old bicyclist who was hit by a company car. The accident occurred in 2007, but the case was not settled until 2011.
Exceptions to the Two-Year Statute of Limitations
Most bike accident cases will fall under the general statute of limitations, but there are some exceptions. An experienced personal injury attorney can determine whether any of these special clauses apply to your case.
Minors
Per Illinois statute §735 ILCS 5/13-211, if the injured party is under 18 at the time of the bike accident, they generally may bring the action within two years after reaching age 18.
However, it’s also possible for the legal guardians of a child to bring a lawsuit sooner, as minors cannot file lawsuits on their own. A parent or other legally authorized representative may be able to bring an action on the child’s behalf, subject to the applicable procedural and limitations rules.
If parents bring a suit for a minor, the court may appoint a guardian ad litem to advocate for the child’s interests. This person may be a lawyer, social worker, or other responsible party who is not associated with the family.
The specific rules governing a minor’s claim can depend on the type of claim and the circumstances, so the applicable deadline should be confirmed before relying on a particular filing date.
Individuals with Legal Disabilities
Illinois law §735 ILCS 5/13-211 also allows the period to be tolled for individuals with incapacitating disabilities. The statute provides that a person who is under a legal disability when the cause of action accrues may bring the action within two years after the disability is removed, subject to the statute’s provisions.
For example, if a person suffered serious injuries in a bicycle accident and was placed in a coma, the application of the statute and any tolling provisions would need to be evaluated based on the person’s legal disability and the circumstances of the claim.
Like with minors, a legal guardian or next of kin can sue on behalf of a disabled person if they are permanently incapacitated and will not recover. The court may also appoint a guardian ad litem for disabled people.
The “Discovery Rule”: Delayed Discovery of Injury or Cause
Delayed discovery can extend the deadline if the injuries or their connection to the accident are not immediately apparent. Illinois courts have recognized discovery-rule principles under which a limitations period can begin when a person knows or reasonably should know of the injury and that it was wrongfully caused, depending on the applicable cause of action.
For a bicycle accident claim, this may happen if the person did not realize they suffered an internal injury, like a brain injury. However, you and your attorney will need to demonstrate that you did not know about the injury despite getting medical treatment and that it is not related to anything else you did during that time.
Do not rely on a general four-year deadline for an ordinary bicycle accident claim. The four-year outer limit cited elsewhere on this page applies to particular claims, including certain medical malpractice and government patient-care claims, and should not be presented as a general limit for bicycle accident cases.
Claims Against Government Entities
Statute §745 ILCS 10/8-101 of the Tort Immunity Act states that any civil lawsuit against a government entity or employee, like a police officer, generally must be brought within one year from the date the injury was received or the cause of action accrued.
It also places more stringent deadlines for delayed discovery in certain government patient-care claims. The four-year outer limit in §745 ILCS 10/8-101(b) applies specifically to those patient-care actions and should not be generalized to every government-related bicycle accident claim.
In some cases, additional notice requirements may apply, so a bicycle accident claim involving a city, municipality, or other local government entity should be evaluated immediately.
Sadly, these types of accidents do occur. In Garber v. City of Chicago, a bicyclist was struck by a police cruiser while in the Norwood Park neighborhood at Bryn Mawr and Oriole Avenues. Officer Patrick Cain failed to inform his superiors about the accident or report the significant damage to his car hood.
The cyclist successfully sued both the city and the officer, recovering $2.25 million in damages in 2022.
Wrongful Death Claims
According to §740 ILCS 180/1, surviving family members may generally have two years after the person’s death to file fatal bicycle accident claims. The specific limitations period should also be checked against the applicable provisions of the Wrongful Death Act and any other applicable statute.
Fraudulent Concealment
In some cases, the at-fault party may have actively concealed their involvement, such as in a hit-and-run crash. Gathering evidence and identifying the person takes longer, so §735 ILCS 5/13-215 allows victims to commence an action within five years after discovering the cause of action when fraudulent concealment applies.
This rule should not be described as automatically applying to every hit-and-run. Whether fraudulent concealment applies depends on the facts and the statutory requirements.
The Importance of Contacting an Attorney Promptly
It’s crucial to contact an attorney as soon as possible after an accident so that your attorney can decide which statute of limitations applies and begin the legal process.
The groundwork for a personal injury lawsuit takes time, such as reviewing police reports, examining medical records, tabulating lost wages, and speaking to witnesses. We may need to contract with accident scene reconstructionists, access surveillance footage, or consult with medical experts about your prognosis.
Quick action can also ensure that important evidence is preserved, such as damage to a vehicle, bicycle, helmet, or clothing. Additionally, witness statements should be taken as soon as possible after an accident, as key witnesses may forget specific details as time passes.
Most bicycle accident claims are not immediately brought to court as the law firm will attempt to negotiate with insurance companies first. As such, it’s crucial that you give your attorney enough time to investigate, gather evidence, and review case law to identify legal precedents.
Even if the deadline seems far away, you should contact a law firm as soon as possible for a free consultation and learn more about filing a bicycle accident claim.
What Happens if You Miss the Statute of Limitations Deadline?
Unfortunately, missing the statute of limitations deadline means that you will not be able to pursue a lawsuit or recover compensation. Insurance companies will point to the statute of limitations as proof that you no longer have a claim, and the court will dismiss your case.
As such, bicycle accident cases must be started as soon as possible after the accident because the entire process can take years. Contact us for a free case review immediately.
Expert Legal Counsel for Your Bicycle Accident Case!
The statute of limitations is a crucial consideration in personal injury cases, as it can impact your ability to seek compensation for medical bills and lost income. To ensure that you meet all deadlines, call an experienced Illinois attorney handling bicycle accident cases as soon as possible after your bike accident.
Our attorneys can review the circumstances of your bicycle accident, explain the deadlines that may apply, and discuss your legal options during a free consultation. To schedule your consultation, call us or use our online contact form.
FAQs
Does the Statute of Limitations Apply to Insurance Claims?
Yes, the statute of limitations can affect your ability to pursue a lawsuit after an insurance dispute. However, an insurance claim and a personal injury lawsuit are not necessarily governed by identical deadlines or procedures. If you do not take legal action within the applicable timeframe, you may lose the right to pursue your claim in court.
What if I Didn’t Realize I Was Injured Until Later?
These instances may involve the discovery rule, which can affect when the limitations period begins if you did not immediately know about the injury or that it was wrongfully caused. Whether the rule applies depends on the facts of the case.
What if the At-Fault Driver Was From Out of State?
You can still bring an insurance claim against an out-of-state driver. Most insurance policies are active across state lines, though laws may differ. Regardless, the applicable law and procedural rules should be evaluated based on where the accident occurred and the facts of the claim.
Lawsuits must be filed in the jurisdiction where the accident took place, so you need an Illinois personal injury lawyer to assist you. For example, if the crash happened in Chicago, then the lawsuit would be brought to the Cook County Circuit Court.
What if the At-Fault Driver Fled the Scene?
For hit-and-run bicycle accidents, do not assume that the fraudulent concealment rule automatically extends the statute of limitations. Whether §735 ILCS 5/13-215 applies depends on whether its statutory requirements are met.
In this instance, you have up to five years after the time that the person was identified and can be made accountable. This is because your attorney will need more time to prove that the person was responsible, such as finding witness statements and police records.
However, you should still contact an attorney as soon as possible after the accident, even if the person fled the scene. This is because you may be able to make a claim against your own insurance policy, such as an uninsured motorist or underinsured motorist claim.
You will be able to recover at least some of your damages and then recover more from the at-fault driver when they are identified.
Is the Deadline Different if a City Vehicle or CTA Bus Hit Me?
Yes. Claims against a local government entity or employee can have a shorter limitations period. Under §745 ILCS 10/8-101, a civil action against a local entity or employee for an injury generally must be commenced within one year from the date the injury was received or the cause of action accrued. Additional requirements may also apply depending on the circumstances.
If you were hit by a city vehicle, CTA-related vehicle, or another government vehicle, speak with an attorney promptly rather than assuming the ordinary two-year deadline applies.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Reviewed by Attorney Jonathan Rosenfeld The material on this page has been legally reviewed by Attorney Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC. Mr. Rosenfeld and his team have experience representing injured cyclists in bicycle accident cases in Chicago. With a focus on personal injury law, they help bicycle accident victims understand their legal options and pursue compensation for medical expenses, lost wages, and other damages resulting from their injuries.
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