Hit While Biking in Chicago? What to Do Next
TL;DR: Get to safety, get medical care, report the crash, and start collecting evidence right away (photos, witnesses, and video sources). Illinois uses modified comparative fault, and deadlines can change depending on who you are making a claim against. If you want help preserving evidence and dealing with insurance, contact us.
First: Get to Safety and Get Medical Care
After a bike collision, your first priority is your safety and your health.
- Move out of traffic if you can do so safely.
- Call 911 if you are hurt or if there is any immediate danger.
- Accept medical evaluation, even if you feel “just sore.” Some injuries (including head, neck, and internal injuries) may not feel severe right away.
If you later notice worsening pain, dizziness, numbness, headache, or confusion, get urgent medical care. Prompt treatment also creates documentation that can matter if an insurer later questions how you were hurt. For general medical information on concussion symptoms that may be delayed, see CDC concussion guidance.
Tip: Do not minimize symptoms
If you hit your head, felt dazed, or cannot remember parts of the crash, tell medical providers. Ask what to watch for over the next 24 to 72 hours and follow discharge instructions.
Call the Police and Ask How to Obtain the Crash Report
An officer’s report can help document involved parties, insurance information, witness names, and an initial description of what happened.
- Ask how to obtain the report number and a copy of the report.
- Check that your contact information and the driver’s contact and insurance information are recorded accurately.
If police do not respond or a report is not generated, you can still document the incident thoroughly and speak with an attorney about other ways to preserve evidence.
What to Document at the Scene (If You Are Able)
Strong evidence early can prevent later disputes about fault and injuries.
- Photos/video of vehicles, your bike, the roadway, lane markings, traffic signals, signage, and debris.
- Visible injuries and torn or bloodied clothing (take follow-up photos over time as bruising develops).
- The driver’s license plate, driver’s license, and insurance card.
- Names and contact information for witnesses.
- Time, location, weather, lighting, and direction of travel.
Avoid debating fault at the scene. Stick to accurate facts when speaking with police and medical providers.
Quick checklist: what to do in the first 24 hours
- Get medical evaluation and follow up if symptoms change.
- Save photos, video, and your clothing/helmet (do not repair or discard items yet).
- Write down what you remember while it is fresh.
- Request the crash report information (or note the incident number).
- Identify possible cameras (businesses, doorbells, CTA/bus, dashcams) and act quickly to preserve footage.
- Be cautious with recorded statements and broad medical authorizations.
Common Causes of Chicago Bicycle Crashes
Bike collisions often involve preventable driver behavior or dangerous roadway conditions.
- Right-hook or left-turn collisions (a driver turns across a cyclist’s path).
- Doorings (a vehicle door opens into the bike lane or travel path).
- Failure to yield at intersections, alleys, or driveways.
- Unsafe passing, sideswipes, or sudden lane changes.
- Distracted, drowsy, or impaired driving.
- Speeding or aggressive driving.
How Fault Is Evaluated in Illinois Bike Injury Claims
These cases typically turn on negligence: whether someone failed to use reasonable care and that failure caused harm.
Illinois follows modified comparative fault. Your damages can be reduced by your percentage of fault, and recovery is barred if you are more than 50% at fault. See 735 ILCS 5/2-1116.
Because insurers may argue a cyclist contributed to the crash (visibility, lane position, or alleged signal violations), details like signal timing, sightlines, speeds, and witness accounts can matter.
Potential Compensation in a Bike Accident Case
Depending on the facts, compensation may include:
- Medical bills (including future care and rehabilitation)
- Lost income and reduced earning capacity
- Pain and suffering, emotional distress, and loss of normal life
- Property damage (bike, helmet, electronics)
- Out-of-pocket costs (transportation, medication, home assistance)
In limited situations involving especially egregious conduct, punitive damages may be sought under Illinois law. See Kelsay v. Motorola, Inc., 384 N.E.2d 353 (Ill. 1978).
Insurance Company Tactics to Watch For
After a crash, insurers may contact you quickly.
- Requests for recorded statements
- Quick settlement offers before the full extent of injuries is known
- Arguments that treatment was “unnecessary” or unrelated
- Requests for broad medical authorizations
- Minimizing pain and long-term impacts
In many situations, you can choose to postpone or decline a recorded statement to the other party’s insurer until you have advice; however, your own policy may require reasonable cooperation for certain coverages.
Why Evidence Wins Bike Cases: Cameras, Phones, and Forensics
Objective evidence often makes the difference.
- City or private surveillance video
- CTA/bus or rideshare camera footage
- Nearby business cameras and doorbell cameras
- Dashcams
- Phone/app data (maps, activity, timestamps)
- Vehicle damage patterns and crash reconstruction
Because video can be overwritten quickly, it is important to act fast to identify sources and request preservation where possible. Illinois recognizes claims analyzed under negligence/spoliation principles in appropriate circumstances. See Boyd v. Travelers Ins. Co., 652 N.E.2d 267 (Ill. 1995).
What If the Driver Fled (Hit-and-Run) or Has No Insurance?
Hit-and-run and uninsured driver cases are stressful, but you may still have options.
- Report the crash promptly and provide any identifying details.
- Look for nearby cameras and witnesses immediately.
- Preserve your bike computer/GPS data and any photos.
Coverage and requirements vary by policy. An attorney can review available options, deadlines, and documentation requirements that may apply.
Deadlines and Notice Requirements: Why You Should Not Wait
Time limits and procedural rules can apply, and they can vary based on who is involved.
- General personal injury deadline: Many Illinois personal injury lawsuits are subject to a two-year statute of limitations. See 735 ILCS 5/13-202.
- Claims involving the State of Illinois: Different rules and shorter filing deadlines may apply in the Illinois Court of Claims. See 705 ILCS 505/22.
Waiting can make it harder to locate witnesses, obtain video, or document the scene.
FAQ
Do I have to give a recorded statement to the driver’s insurance company?
Not always. Many people choose to wait until they have legal advice before providing a recorded statement to the other party’s insurer. Your own policy may require cooperation for certain coverages, so it can help to get guidance first.
What if I was not in a marked bike lane?
Being outside a marked bike lane does not automatically mean you are at fault. Fault depends on the full circumstances and evidence, and Illinois comparative fault rules may apply.
How long do I have to file a lawsuit in Illinois?
Many injury cases are subject to a two-year deadline, but exceptions and special rules can apply depending on the parties and claims. See 735 ILCS 5/13-202, and for certain claims involving the State, 705 ILCS 505/22.
Talk to a Chicago Bike Accident Lawyer
If you were hit while biking in Chicago, we can discuss what happened, what evidence to preserve, and the next best steps. Contact us here.
Illinois disclaimer: This post is for general informational purposes only and is not legal advice. Reading this post or contacting us through this website does not create an attorney-client relationship. Illinois laws and filing deadlines can change, and special rules may apply depending on the parties involved (including government-related claims). For advice about your specific situation, consult a licensed Illinois attorney promptly.
