Monday, January 7, 2013

Lawsuit Filed for Schaumburg Bicyclist Injured When Avoiding an Oncoming Car

The Illinois Bicycle Lawyers at Keating Law Offices recently filed a lawsuit on behalf of an injured Schaumburg bicyclist against the driver of the car that allegedly forced the bicyclist off the road. The incident between the bicyclist and driver occurred on the morning June 15, 2012 near the intersection of Grove Avenue and Mercury Drive in Schaumburg, Illinois. The victim bicyclist was heading southbound on Grove past Mercury when the driver of the northbound car is alleged to have suddenly turned left, cutting off the bicyclist and causing him to lose control of his bike. The bicyclist was thrown from his bike and hit the road. 911 was called and paramedics from the Schaumburg Fire Department immediately responded to the scene and transported the victim to the hospital where he was treated for injuries.

Shortly after being released from the hospital, the victim went to the Schaumburg Police Department to file a traffic crash report. After a thorough investigation the driver of the vehicle was ultimately issued a citation for "failing to yield to a pedestrian/bicyclist" in violation of Illinois law. All Illinois drivers have a duty to "exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle..." (625 ILCS 5/11-1003.1) (from Ch. 95 1/2, par. 11-1003.1). A car driver may be liable for injuries to a bicyclist even if he does not strike a bicyclist directly. If a driver creates a risk of a collision with a bicyclist and the bicyclist is injured while reacting to an impending crash, or while trying to avoid a direct collision with the car, the driver may be responsible for any physical injuries to the bicyclist or damages to his bicycling equipment. This is the exact scenario alleged to have occurred in this case: the bicyclist's injuries were a direct result of the bicyclist reacting to being cut off by a turning carBicycle accidents and collisions are sudden and frightening.

Many bicyclists don't think about what they would do if they were the victim of a crash until it is too late. Our firm has created an "UPDATED 5 Key Steps to Follow After a Bicycle Accident" to help guide bicyclists through what to do after a crash. Bicyclists have the right to obtain compensation for injuries caused by a careless or reckless driver. An important first step in this process is to contact the police and complete a police report either at the scene of the accident or later at the police station. A police report is a key piece of information that can be used in any claim against a driver. 

If you have any questions regarding this post, or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating by calling 312-208-7702 or emailing him at, 24 hours a day, 7 days a week. All emails and phone calls are returned promptly. Keating Law Offices offers free, no obligation consultations to injured cyclists.