In Illinois, a person riding a bicycle on a public road has the rights, and the duties, of a vehicle driver (625 ILCS 5/11-1502). A driver passing a bicyclist must leave a safe distance of at least 3 feet (625 ILCS 5/11-703(d)), and must exercise due care to avoid colliding with a person on a bicycle (625 ILCS 5/11-1003.1). If you were hurt, most injury lawsuits must be filed within two years (735 ILCS 5/13-202). Stavros Law Offices offers a free consultation. Call (847) 520-4810.

General information, not legal advice. Last reviewed: October 2026.

Common Causes of Bicycle Accidents

Bicycle crashes often involve a vehicle, but not always. Situations we are asked about include:

• Dooring: a person opens a vehicle door into the path of a rider. Illinois law says no one may open a vehicle door on the side open to moving traffic unless it is reasonably safe to do so and it can be done without interfering with other traffic (625 ILCS 5/11-1407).
• Passing too closely: a driver overtaking a bicycle must leave a safe distance of not less than 3 feet and keep that distance until safely past (625 ILCS 5/11-703(d)). Driving unnecessarily close to a bicyclist in a reckless manner is a separate offense (625 ILCS 5/11-703(e)).
• Turning and intersection crashes: a driver turns across a rider's path, or pulls out without seeing the rider.
• Distracted or impaired driving and failure to use due care.
• Road hazards: potholes, drainage grates, debris, narrow lanes or poorly maintained bike paths.

Each crash is different, and sometimes more than one person or entity shares responsibility.

Rights and Duties of Bicyclists in Illinois

A bicyclist on a roadway is treated like the driver of a vehicle for most purposes (625 ILCS 5/11-1502). That helps a rider claim right of way, and it also means the rider must follow traffic signals and signs. Other Vehicle Code provisions that often come up:

• Lane position: a rider moving slower than normal traffic should ride as close as practicable and safe to the right-hand curb or edge, with exceptions, such as passing, preparing for a left turn, avoiding hazards including surface hazards or lanes too narrow to share safely, and approaching a place where a right turn is allowed (625 ILCS 5/11-1505).
• Lights at night: a bicycle used at night must have a white front lamp visible from at least 500 feet and a red rear reflector, though a steady or flashing red rear light may be used in addition or instead (625 ILCS 5/11-1507). The bicycle must also have a brake that can control and stop it.
• Helmets: Illinois has no statewide bicycle helmet law, although some villages and cities have their own helmet rules, often for minors. If you have questions about how helmet use could affect a claim, ask us before you speak to an insurer.
• E-bikes and scooters: equipment and riding rules for electric bicycles and similar devices differ from standard bicycles and can vary by type and by local ordinance.

Evidence After a Bicycle Crash

• Get medical care and report the crash to police. Ask for the report number.
• Photograph the scene, the vehicle, the road surface, lane markings, signs and your injuries.
• Do not repair or throw away your bicycle, helmet, clothing, lights or phone mount. Photograph them and keep them as they are.
• Save ride data from a cycling app or bike computer, which can show speed, route and time.
• Get driver, insurance and witness information. If a door was opened into your path, note who was in the vehicle.
• Ask nearby businesses and homes about camera footage quickly, because many systems record over old video.
• Keep medical records, bills and a record of missed work.

Our car accident checklist and Car Accident Resource Center cover the basic steps that apply to bicycle crashes as well.

Fault in a Bicycle Accident

Illinois uses modified comparative fault. If a jury finds you more than 50% at fault, you cannot recover damages; if you are not more than 50% at fault, damages are reduced by your percentage of fault (735 ILCS 5/2-1116). Insurers sometimes argue that a rider was in the wrong part of the road, lacked lights or was not visible. Whether those arguments hold up depends on the facts, including the rider's lawful reasons for lane position and the driver's duty to use due care. See our guide to comparative fault in Illinois.

Insurance in Bicycle Injury Claims

• The driver's liability insurance is usually the first source, if the driver was identified and insured.
• Uninsured, underinsured and hit-and-run coverage: Illinois auto liability policies must include uninsured motorist coverage, including for hit-and-run vehicles (215 ILCS 5/143a). Whether a bicyclist is an insured person under a policy depends on the policy's terms, including household members' policies. See uninsured and underinsured motorist coverage and our page on hit-and-run accidents.
• Health insurance and medical payments coverage may help with bills while a claim is pending. What they cover, and whether they are repaid from a settlement, varies.

See dealing with insurance after a crash before you give a recorded statement or sign a release.

Government Roads, Paths and Deadlines

If a road defect or an unsafe bike path may have played a part, the property may belong to a city, village, county, park district or other public body. A civil action against a local public entity or its employees generally must be commenced within one year (745 ILCS 10/8-101). For other bicycle injury claims, the general deadline is two years (735 ILCS 5/13-202). Children who were under 18 when the claim arose may have extra time (735 ILCS 5/13-211). If a rider died, see wrongful death in Illinois. Our deadline guide covers the exceptions.

Related Pages

Walking when you were hurt? See pedestrian accidents in Illinois. Riding a motorcycle? See motorcycle accidents. For other claims, see car accidents, Uber and Lyft accidents and our personal injury overview.

Our county pages explain where injury cases are filed: Cook County, Lake County, DuPage County, Kane County and McHenry County.

Frequently Asked Questions

Do bicyclists have the same rights as drivers in Illinois?

Generally yes. A person riding a bicycle on a highway has the rights and duties applicable to the driver of a vehicle, except for special bicycle rules and provisions that cannot apply to a bicycle (625 ILCS 5/11-1502).

How close can a car pass a bicycle in Illinois?

A driver overtaking a bicycle must leave a safe distance, not less than 3 feet, and maintain it until safely past (625 ILCS 5/11-703(d)). Where practicable and lawful, the driver should first change into another available lane.

What if a car door hit me?

Illinois law says no one may open a vehicle door on the side open to moving traffic until it is reasonably safe and it will not interfere with other traffic (625 ILCS 5/11-1407). Get the driver's and occupants' information, take photos and ask for a police report.

Do I have to wear a helmet in Illinois?

Illinois has no statewide bicycle helmet law, but some local ordinances require helmets for certain riders, often minors. If you have questions about how helmet use could affect a claim, ask an attorney before speaking with an insurer.

Can I still recover if I was partly at fault?

Yes, if you are not more than 50% at fault. Your damages are reduced by your percentage of fault, and you are barred if you are more than 50% at fault (735 ILCS 5/2-1116).

How long do I have to file a bicycle accident lawsuit?

Generally two years from the date of injury (735 ILCS 5/13-202). A claim against a local government body can carry a one-year deadline (745 ILCS 10/8-101). Confirm your deadline as soon as possible.

Talk to Our Team

Stavros Law Offices is one team handling criminal defense and DUI, personal injury and civil litigation. We review bicycle injury claims for clients in our service area from our Wheeling office. Call (847) 520-4810 or request a free consultation online. Our bilingual staff can assist. Se habla español.

Stavros Law Offices
433 N. Milwaukee Ave, Wheeling, IL 60090
(847) 520-4810
Monday–Friday 9–5; closed Saturday
Free consultation. Serving clients in Cook, Lake, McHenry, Kane and DuPage Counties.

General information, not legal advice; no attorney-client relationship until engaged. Past results do not guarantee a similar outcome. Laws, deadlines and court procedures change and every case is different. Last reviewed: October 2026.