Determining fault in a car-bike accident in Illinois

Bicycle Accident - March 6, 2025 by Horwitz, Horwitz & Associates

Bicyclists and drivers share the road in Illinois, but determining fault can be complicated when a car-bike accident occurs. Illinois law provides protections for cyclists, but it also expects them to follow traffic rules. If you’ve been involved in a car-bike accident, understanding liability and your legal rights is critical for seeking compensation.

At Horwitz, Horwitz & Associates, we help injured cyclists and motorists navigate the complexities of accident claims. Below, our Chicago bicycle accident lawyers explain how fault is determined in car-bike accidents, key Illinois laws that apply, and what steps you should take if you’re involved in a crash.

who is at fault in a car bike accident

How fault is determined in a car-bike accident

Fault in a car-bike accident is determined based on negligence—meaning one or more parties failed to exercise reasonable care, leading to the crash. Investigators, insurance companies, and attorneys analyze several factors to determine liability, including:

  • Traffic laws and right-of-way violations
  • Speed and reckless driving
  • Road conditions
  • Eyewitness statements and surveillance footage
  • Police reports
  • Cell phone records and dashcam footage

Comparative negligence in Illinois

Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116). This means:

  • A bicyclist or driver can recover compensation as long as they are less than 50% at fault.
  • If a cyclist is partially at fault, their compensation will be reduced by their percentage of fault.

For example, if a cyclist was 20% at fault for running a stop sign but the driver was 80% at fault for speeding, the cyclist’s settlement would be reduced by 20%.

Common causes of car-bike accidents and who is at fault

1. Dooring accidents (driver’s fault)

Illinois law (625 ILCS 5/11-1407) states that drivers must check for cyclists before opening their doors. If a driver opens their door in a cyclist’s path, they are typically at fault for a “dooring” accident.

2. Failing to yield at intersections (driver or cyclist’s fault)

Many car-bike crashes happen when drivers fail to yield at stop signs or traffic lights. Illinois law (625 ILCS 5/11-1003.1) states that drivers must yield to cyclists when appropriate, and cyclists must also obey stop signs and traffic signals.

3. Right-hook accidents (driver’s fault)

A right-hook accident occurs when a driver turns right in front of a cyclist, cutting them off. This is typically the driver’s fault if they fail to check for cyclists before turning.

4. Left-turn accidents (driver’s fault)

A driver making a left turn must yield to oncoming cyclists, just as they would for another vehicle (625 ILCS 5/11-902). If a driver turns left into a cyclist’s path, they are likely at fault.

5. Cyclist riding against traffic (cyclist’s fault)

Illinois law requires cyclists to ride in the same direction as traffic (625 ILCS 5/11-1505). If a cyclist rides against traffic and is hit by a car, they may be partially or fully at fault.

6. Distracted driving or distracted cycling (shared fault)

If a driver was texting while driving or a cyclist was using headphones and failed to hear a car approaching, both parties could share fault for the accident.

7. Speeding and reckless driving (driver’s fault)

Drivers must slow down in areas with cyclists and follow posted speed limits (625 ILCS 5/11-601). Speeding or aggressive driving increases driver liability in a crash.

What to do after a car-bike accident in Illinois

If you are involved in a car-bike accident, taking these steps can protect your legal rights and help determine fault:

  1. Call the police – Report the accident to law enforcement (625 ILCS 5/11-401) if there are injuries or significant damage.
  2. Seek medical attention, even if you feel fine – Some injuries take time to appear.
  3. Gather evidence – Take photos of the accident scene, damage, and any injuries. Get witness contact information for statements, and check for nearby security cameras or dashcams that may have recorded the crash.
  4. Do not admit fault – Statements like “I didn’t see the car” can be misinterpreted as admitting fault. Let an attorney handle all communications with insurers.
  5. Contact a car-bike accident lawyer – Insurance companies may try to shift blame onto cyclists to reduce payouts. An attorney can investigate fault, negotiate with insurers, and fight for maximum compensation.

What compensation can you recover?

If a driver was at fault for your bike accident, you may be eligible for compensation, including:

  • Medical expenses (hospital bills, surgery, rehab)
  • Lost wages (if you can’t work due to injuries)
  • Property damage (bike repair or replacement)
  • Pain and suffering (physical and emotional distress)
  • Future medical costs (if long-term care is needed)

If the driver acted recklessly or was intoxicated, you may also pursue punitive damages.

How Horwitz, Horwitz & Associates can help

At Horwitz, Horwitz & Associates, we fight for injured cyclists and accident victims in Illinois. Our experienced team will:

  • Investigate the accident and gather evidence to prove liability.
  • Review police reports, witness statements, and medical records.
  • Negotiate with insurance companies to secure maximum compensation.
  • Take your case to trial if necessary to fight for your rights.

If you or a loved one was injured in a car-bike accident, don’t face the legal system alone. Contact Horwitz, Horwitz & Associates today at (800) 985-1819 for a free consultation. Our experienced attorneys will fight to ensure you get the justice and compensation you deserve.