What Are The Legal Responsibilities Of A Motorist Who Causes A Bike Crash in Illinois?

Unfortunately, many of the cases we handle involve bicyclists who were not only injured, but the driver then fled the scene of the crash. As the old expression goes, this is literally adding "insult to injury." Obviously, the decent, moral thing to do is for a motorist to put aside their legal or other practical concerns and tend to the injured bicyclist. Yet this often isn't the case. Hit-and-run collisions are a very real and very common issue for bicyclists in Illinois and nationwide. The National Highway Traffic Administration reports a 14% increase in fatal hit-and-run crashes between 2009 and 2011. The reality is drivers flee the scene for any number of reasons: legal concerns, fear of being financial responsible, or even basic fear and panic.
 
No reasonable person would defend a motorist fleeing the scene. It is wrong. A hit-and-run places the wrongdoer's immediate selfish concerns above the potentially serious injuries sustained by the bicyclist in the crash. But moral issues aside, what are the legal requirements in Illinois for a motorist who causes a bicycle crash?

Section 11-401(a) of the Illinois Vehicle Code provides the groundwork for the motorist:

"The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled."

Section 11-403 of the Illinois Motor Vehicle Code more specifically lays out the requirements any such motorist must fulfill before leaving the scene of a collision that leads to personal injuries:

"The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with an shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to the physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person."

In summary, any motorist involved in a motor vehicle vs. bicycle collision in Illinois resulting in personal injuries has a legal responsibility to:

1) Stay at the scene of the crash long enough to provide the injured party with their information; and

2) If necessary or if requested to arrange for medical care for the injured bicyclist.
 
Rather interestingly, in 2011 the law regarding hit-and-runs in Illinois was amended to allow the motorist to avoid prosecution for the hit-and-run by notifying the authorities within a half hour of the accident or within a half hour of being discharged from the hospital for an injury or incapacitation suffered in the accident. Section 11-401(b) provides as follows:

"Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of (staying at scene requirements)."

The bottom line is there is no excuse for a motorist to flee the scene of a bicycle crash. At worst, a bicyclist may be literally left to die at the scene of the crash. At a minimum, a person who needs help may ironically need the motorist's assistance in that moment. Even if there is that moment of fear or panic, Illinois law provides a half hour for the motorist to right the wrong without any penalty.

If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights and Weekends) or via email at MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Bicyclist Killed in Collision on Harlem Avenue in Harwood Heights

4900 block of North Harlem Avenue in Harwood Heights, IL where bicyclists Jose Romero was fatally struck and killed as a result of a collision with a motor vehicle while riding his bicycle.

News outlets are reporting that a bicyclist was fatally struck and killed as a result of a collision with a motor vehicle in one of Chicago's suburbs. Jose Romero was riding his bicycle in the 4900 block of North Harlem Avenue in Harwood Heights on Wednesday when he was struck by a motorist who was exiting a business on Harlem Avenue. The is the second motor vehicle vs. bicycle collision within the past few weeks that has resulted in the death of the bicyclist in the Chicago area.

According to reports, the motorist was pulling out of a driveway to a business and attempting to enter Harlem Avenue. As the motorist was preparing to exit the driveway, she was checking for oncoming traffic to her left and apparently pulling into Harlem Avenue at the same time the bicyclist was passing on the motorist's right. As a result, it appears that the motorist did not see Jose Romero and he was struck with the vehicle as it entered Harlem Avenue.
 
The motorist was reportedly issued a traffic citation for failure to yield to oncoming traffic and now faces these charges as a result of the fatal collision. Section 11-906 of the Illinois Vehicle Code requires vehicles exiting a private drive to yield the right-of-way to oncoming traffic. In addition, Section 703(e) requires motor vehicles to not drive "unnecessarily close to, toward, or near a bicyclist." Beyond the statutory principles, it is a well known principle to "check both ways" and keep a proper lookout when entering into traffic.
 
This tragic collision could also be the bases of a civil case brought by the family of Jose Romero. Under Illinois law, the family of a person who dies as a result of alleged negligence can bring a case under the Wrongful Death Act and the Survival Act. The Wrongful Death Act allows the family to make a claim for the loss of the family member and everything that family member provided to them, including the loss of their presence in their lives. Under the Survival Act the family may make a claim for the material losses such as medical bills and the pain and suffering the family member experienced prior to their death.

Outside of the law, anytime a person's life is lost as the result of a collision of this nature, it is a great loss and tragedy. Our thoughts and prayers are with the friends and family of Jose Romero.

Chicago Bicyclist Critically Injured in Left-Hook Collision on Northwest Side

News outlets are reporting that a Chicago bicyclist was critically injured in a "left hook" collision at the intersection of West Addison Street and North Milwaukee Avenue on Chicago's Northwest Side. The collision occurred late Sunday night when the bicyclist was struck by an SUV as the vehicle made a left turn from the northbound lane of Milwaukee.

According to reports, the driver of the SUV was cited for failure to yield the right-of-way. Both Addison and Milwaukee are dedicated bike routes at this location. While there are not painted lines designating a bike lane, signage at the location clearly marks the area as a place where bicycles are regularly a part of traffic patterns.

The Illinois Vehicle Code and the Chicago Municipal Code both require vehicle to yield the right of way when making a left-hand turn across oncoming traffic. While not motorized, under the law a bicycle is a vehicle and is considered oncoming traffic that a vehicle is required to yield to when making a left-hand turn.