Chicago-area bicyclists face many hazards in their daily travels. Of course, there is always the risk of being hit by a negligent motorist who fails to share the road with bicyclists. There are also the local roads themselves to consider. The City of Chicago and other local governments have a duty under state law to keep their property in a reasonably safe condition. This includes public streets and sidewalks where bicyclists regularly travel. In certain cases, a local government may be legally responsible if its failure to perform proper maintenance leads to a preventable accident.
Permitted vs. Intended Use in Illinois
At the same time, not every bicycle accident that may occur on public property is automatically the local government’s fault. As a general rule, the State of Illinois and its local governments have “sovereign immunity” from civil lawsuits. State law creates an exception for certain types of personal injury lawsuits, including claims arising from a local government’s failure to keep its roads and sidewalks in reasonably safe condition. This duty is conditioned, however, on the accident victim using the public property in question in its “intended and permitted” manner.
A recent Illinois appellate court decision, Johnson v. Village of Palatine, illustrates the difference between a “permitted” and “intended” use. This particular case involved a bicycle accident. The plaintiff was riding his bicycle in the Chicago suburb of Palatine, a small village in northwestern Cook County. According to the plaintiff’s lawsuit, he was riding his bicycle on a village-owned sidewalk that ran along Quentin Road. His bicycle struck an uneven section of the sidewalk, causing the plaintiff to fall and sustain serious injuries. The lawsuit alleged the village was negligent in failing to properly maintain and repair the uneven sidewalk.
In response, the village argued that the claimant’s lawsuit was barred by sovereign immunity. More specifically, the village argued that since the plaintiff was not an “intended user” of the sidewalk when his accident occurred, he could not rely upon the exception to sovereign immunity for claims involving an alleged failure to properly maintain public ways.
In any personal injury lawsuit, the plaintiff needs to establish that the defendant owed them a “duty of care” under the law. Normally, this is not difficult. If this case involved a motorist striking a bicyclist, for instance, all the bicyclist would need to prove is that the motorist violated some traffic law, such as running a red light or executing an unsafe lane change. This is because everyone who operates a vehicle on a public street assumes a duty of care towards everyone else on the road to drive in a safe manner that follows all applicable traffic laws.
With respect to this case, however, state law only imposes a duty of care on a local government to keep their roads and sidewalks safe for their “permitted” and “intended” user. Here, the plaintiff and the village agreed that bicyclists were “permitted” on the local sidewalks. But they disagreed as to whether bicyclists as a group were the “intended” users of those sidewalks.
The Illinois courts ultimately came down on the side of the village, which argued the plaintiff was not an intended user. The Illinois First District Appellate Court held that under the facts of this case, the village “did not owe a duty of care to plaintiff bicyclist who was not an intended user of the sidewalk.” Elaborating further, the Appellate Court noted that the village’s ordinances did make it clear that the plaintiff was permitted to ride his bicycle on public sidewalks. At the same time, there was also no indication–such as signage or pavement markings–indicating the village intended the sidewalk to be used by bicyclists. Rather, pedestrians were the intended users.
Bicycle Accidents and the Rules of the Road in Illinois
Many Chicago bicyclists ride on sidewalks because they believe it to be safer than riding in the streets. But as a matter of law, bicyclists have the same right to be on the road as any car or truck driver. Bicyclists also have certain legal responsibilities, such as:
- A bicyclist should always ride as close as to the right of the road as is safe and practical.
- A bicyclist must ride in the same direction as other vehicular traffic.
- Two bicyclists may travel side-by-side so long as it does not impede the normal flow of traffic.
Bicyclists may travel on sidewalks when permitted by local ordinance. But as the case above demonstrates, a bicyclist should never assume they have the right-of-way when traveling on a sidewalk. To the contrary, normal traffic rules in Illinois provide that a bicyclist must always yield to a pedestrian on a sidewalk. A bicyclist should also slow down and provide an audible signal–such as a bell or horn–when passing a pedestrian from behind.
Bicycle Accidents and Comparative Negligence in Illinois
Whether a bicyclist obeys the rules of the road is often an important legal consideration following an accident. Illinois follows a modified comparative fault rule in personal injury cases. This means that an insurance company or court must consider the relative fault of all the parties involved, including the injured bicyclist. The bicyclist cannot assume that the other party, whether it is a driver, pedestrian, or even another cyclist, will be automatically found completely at-fault.
For example, consider a scenario where a bicyclist is riding down a sidewalk and collides with a pedestrian. The bicyclist may assert the pedestrian was at-fault for “getting in their way.” But as previously noted, Illinois law generally requires bicyclists to yield to pedestrians on sidewalks. So the bicyclist may be found largely or solely at-fault for the accident.
Contact a Chicago Personal Injury Lawyer Today
If you have been injured in a bicycle accident, it is important to seek out legal advice from a qualified Chicago personal injury lawyer. The team at Kennedy Watkins LLC has a proven track record of verdicts and settlements recovered on behalf of our clients. Call us today to schedule a free consultation.