Chicago Accident Lawyer Blog

At Zneimer & Zneimer P.C., we handle personal injury cases involving injured bicyclists throughout Chicago and Illinois and have learned from experience that visibility plays a crucial role in bicycle accident cases. Both Illinois law and Chicago’s municipal code impose specific duties on bicyclists to help prevent crashes and to ensure that, if an accident happens, the bicyclist does not bear legal responsibility for failing to follow the rules.

The Rules of the Road Apply to Bicyclists

The Illinois Vehicle Code requires bicyclists to follow the same traffic laws that apply to motor vehicle drivers. Under 625 ILCS 5/11-1502, every person riding a bicycle upon a highway “shall be subject to all of the duties applicable to the driver of a vehicle,” unless a provision of the Code clearly does not apply. This includes obeying signals, yielding when required, and using lighting and reflectors for visibility at night. When bicyclists ride in traffic, the law treats them as drivers. That means the duty to avoid contributing to an accident is the same.

Chicago Ordinances Underline the Visibility Requirements

Chicago’s municipal code goes further. Under Chicago Municipal Code § 9-52-080, a bicycle used at night must be equipped with:

• A white headlamp visible from at least 500 feet in front,
• A rear red reflector that reflects headlights from up to 200 feet away,
• Or a rear red lamp that emits light visible from 200 feet,
• And a brake that can cause the braked wheel to skid on dry, level pavement.

These are not optional features. A bicyclist who rides at night without these elements violates the ordinance and may be found at fault in a collision. If the case proceeds to litigation, defense attorneys or insurance companies will likely use that violation to argue contributory negligence.

In addition, Section 9-52-100 makes clear that parents or guardians may not knowingly allow children to violate bicycle regulations, meaning that even adults who let their children ride without lights may face legal exposure.

Real Consequences in Real Cases

In Bolek v. West Shore Transport Co., a nine-year-old boy rode his bicycle at dusk and entered a street intersection where a tractor-trailer was turning. The boy had difficulty balancing the bicycle and did not have a headlamp. The trailer ran over him, causing fatal injuries. The plaintiff sued for wrongful death, arguing that the driver failed to keep a proper lookout or sound a warning. The court allowed the jury to consider whether the boy’s lack of a headlamp contributed to the collision. The jury returned a verdict for the defense. The appellate court affirmed the verdict, stating that the absence of a headlamp raised a valid question of contributory negligence. The court found that even though the driver may have failed to see the boy, the lack of a headlamp on the bicycle supported the defense theory that the boy’s visibility played a role in the accident.

In Savage v. Martin, a ten-year-old girl  was struck by a car while crossing an intersection on her bicycle in Chicago. Her mother filed a personal injury lawsuit against the driver, alleging that his negligence caused the accident. According to testimony, the child was 20 to 30 feet outside of  the crosswalk when the collision occurred.  As she was outside of the crosswalk, this may have affected her visibility to the driver, who claimed he did not expect a bicyclist to cross mid-block or outside the designated area.At trial, the court directed a verdict on contributory negligence, holding that the child was contributorily Continue reading

Bicyclists in Illinois and Chicago have the legal right to share the road with motor vehicles on the roadways.  Additionally, bicyclists have the legal responsibly to follow that same traffic laws that motor vehicles do.  The bicycle injury lawyers of Zneimer & Zneimer P.C. often use violations these statutes to prove negligence when litigating bike injury cases.

Illinois State Laws Protecting Bicyclists

1. Three-Foot Passing Law (625 ILCS 5/11-703)

Written and reviewed by Peter Zneimer, Zneimer & Zneimer P.C.

According to the Chicago Department of Transportation, bicycling grew more in Chicago than any other large American city in the last five years. According to this study, biking is up 119% between the fall of 2019 and the spring of 2023.  Other studies have that neighborhood trips have increased substantially during this time period.  The bicycle accident lawyers of Zneimer & Zneimer P.C. have also noted a large increase of clients who were injured while biking.

Though the city has been investing millions of dollars on protected bike lanes and painted bike lanes, riding a bike in Chicago remains treacherous.  Though drivers in Chicago have grown more accustomed to the presence of bikers on the roadways, drivers need to always be vigilant at all times.  On the north side of Chicago in Lincoln Square, for example, the City has recently created painted bike lanes along Lincoln Ave., along Damen Ave. and along Lawrence Ave.  These bike lanes that are just painted on may be beneficial to some degree since they make drivers more aware of the potential presence of bikers, in reality, they offer little protection.  From a drivers perspective, one has to be super careful making a turn into or coming out of any parking lot that cuts across a bike lane.  We are accustomed to only look for cars but now as drivers, we must watch for bikes which are as visible as cars.  That is why it is so important for bikers to have lights on their bikes and to wear bright clothing.  Another particularly dangerous situation is when a driver is approaching an intersection with the intention of making a right turn.  The driver needs to look back into their mirrors and try to turn their heads to see if any bike are coming in the bike lane before crossing the bike lane.  The potential for collision with a bike is high because of the large blind spot on that side of the car.   Night time is an extremely hazardous time for bicyclists.  Without lights and bright, reflective clothing, bikers can be barely visible in the dark. On many occasions I personally have driven up upon bikers dressed in all black with no lights on their bikes and not seeing them until I was very close.