The time limit to file a bicycle accident lawsuit in Illinois becomes a crucial consideration for those who have suffered a personal injury. Sadly, there were 40 bicycle fatalities in Illinois in 2023, while in 2022, there were 2,548 pedalcyclist crashes reported to the Illinois Department of Transportation.
Understanding the statute of limitations is crucial to ensuring that you can claim compensation for your injuries. 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.
Statute of Limitations for Bicycle Accident Claims in Illinois
A statute of limitations puts a deadline on when you can file a lawsuit. There are different statutes of limitations depending on what kind of case you have, such as property damage, defamation, or a personal injury.
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.
The General Statute of Limitations for Personal Injury Lawsuits 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 clock starts running on the date of the accident, and it applies to the deadline to file a personal injury lawsuit.
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, the statute of limitations is paused until they become adults. At that time, they have two years to file a civil lawsuit or until their 20th birthday.
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. The parent or legal guardian would be considered the “next friend.” In this case, the statute of limitations will be the same as if they were filing for themselves: two years after the injury.
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.
Individuals with Legal Disabilities
Illinois law §735 ILCS 5/13- 211 also allows the period to be tolled for individuals with incapacitating disabilities. The two-year limitation will resume when they are no longer disabled. For example, if a person suffered serious injuries in a bicycle accident and was placed in a coma, they will have more time to file.
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. This is frequently applied to medical malpractice cases, as determined by the Illinois Supreme Court in Moon v. Rhode, but it can also apply to other personal injury claims.
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.
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, must be brought within one year of the incident.
It also places more stringent deadlines for delayed discovery, in which case the person must start a lawsuit within two years of the date of discovery. All actions must be taken within four years, maximum.
In some cases, your bicycle accident attorney is required to provide a formal notice of claim even before the one-year deadline. This means that a bicycle accident case against a city or municipal employee needs to be started 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 have two years after the person’s death to file a wrongful death lawsuit for a fatal bicycle accident.
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 five years to bring a claim after finding the person.
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.
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.
Special Considerations for Minors
When a young person is injured in a bike crash, there are two possible avenues. They can either wait to bring a lawsuit until they are 18, in which case they have a two-year statute of limitations after their 18th birthday.
Another option is for the child’s parent or legal guardian to sue on their behalf. This person must have custody of the child and the legal right to make decisions for them, such as a birth parent, foster parent, adoptive parent, or legally responsible adult relative. In this instance, the two-year statute of limitations still applies.
To protect the minor, the court system will often appoint a guardian ad litem.
This is a neutral third party whose role is to investigate the events and ensure that the child’s best interests are represented in all proceedings. They may interview parents and relatives, then submit their findings to the court. Guardians ad litem may also be used in cases involving mentally or physically disabled individuals.
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.
We are a nationally recognized law firm with a 98% success rate, which demonstrates our commitment to assisting injured cyclists. To schedule your free consultation, call us or use our online contact form.
FAQs
Does the Statute of Limitations Apply to Insurance Claims?
Yes, the statute of limitations applies to insurance claims. If you do not take legal action within the correct timeframe, the insurance company will deny your claim, and you will not be able to receive compensation.
What if I Didn’t Realize I Was Injured Until Later?
These instances fall under the Discovery Rule, which allows you additional time to file a claim if you were not immediately aware that you were injured. The court will determine whether you should have reasonably known you were injured based on the evidence available and how much longer you should have to file.
In many cases, the hard limit is four years after the accident.
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, Illinois laws will always apply to accidents that occur within Illinois, even if the insurance policies are different in the person’s home state.
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, the statute of limitations is extended due to the fraudulent concealment rule. This comes into play when the person refuses to take responsibility for their actions or actively conceals their involvement.
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.
