Illinois law outlines various rules and regulations for bikers to follow. Even with the state’s many bike paths, accidents are bound to happen. If you were a pedestrian in IL and were struck by a bicycle, you can pursue compensation for your expenses and damages. Contact O’Brien Law, LLC to obtain skilled representation from a Kane County bicycle accident lawyer and learn about a pedestrian’s rights after being hit by a bicyclist.
What Laws Do Bicyclists Have to Follow?
Bikes are considered vehicles under Illinois law and have most of the same rights and obligations as cars. Bicyclists must use hand signals when turning or stopping to indicate to other vehicles their intentions. They are also required to yield the right of way in the same way that cars do. Bikers can ride on sidewalks where it is permitted, but they must:
- Obey all pedestrian signs and signals
- Yield the right of way to pedestrians
- Slow down and provide a signal to alert their presence before passing a pedestrian from behind
Can a Bicyclist Be Held Liable for an Accident?
When a pedestrian is hit by a bicyclist negligence is one of the most important legal principles to establish. If the cyclist failed to follow traffic laws or acted recklessly like riding on sidewalks where it is prohibited or failing to signal, they may be found liable for any resulting injuries or damages.
To hold a bicyclist liable the pedestrian has to demonstrate their negligence. This can be done by providing evidence to prove the following.
- The cyclist violated some traffic law, acted recklessly, or failed to exercise reasonable care, breaching the duty of care that they owed the pedestrian
- The cyclist’s behavior directly caused the accident
- The pedestrian sustained injuries or damages as a result of the accident
What Should the Pedestrian Do Immediately Following the Accident?
If a pedestrian is hit by a bicycle, they should take the following actions as soon as possible to ensure their safety and protect their rights.
- Seek medical attention
- Report the accident
- Gather evidence
During the recovery process, the pedestrian should keep a record of all expenses, medical treatments, losses, and communications relevant to the incident. This will help in any legal action later on.
What Are a Pedestrian’s Rights After Being Hit by a Bicyclist?
After being hit by a bicyclist, a pedestrian can take legal action in pursuit of compensation for their damages. Depending on the jurisdiction and the cyclist’s auto insurance policy, the pedestrian may be able to file a claim with their liability insurance. However, because it was not a car accident this may not be possible.
If an insurance claim is not possible or does not offer sufficient compensation, the pedestrian can consider filing a lawsuit against the bicyclist. With the help of a skilled attorney, they can take the evidence gathered and build a case establishing the biker’s negligence and requesting compensation.
Reach out to a skilled bike accident lawyer for more information on a pedestrian’s legal rights and options after being hit by a cyclist.
