Bicycle Accidents at Crosswalks: Who Has the Right of Way?

Bicycle accidents at crosswalks present a multifaceted challenge in urban traffic management, intertwining issues of right-of-way, legal interpretations, safety measures, and the nature of injuries sustained. Understanding who holds the right-of-way in these scenarios is crucial for both cyclists and motorists to prevent accidents and ensure harmonious sharing of roadways.

Legal Framework: Right-of-Way at Crosswalks

In Illinois, the legal stance on bicyclists using crosswalks is outlined in Section 625 ILCS 5/11-1512 of the Illinois Vehicle Code. This statute specifies that a person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield to the right-of-way to any pedestrian and must give an audible signal before overtaking and passing such pedestrian. Furthermore, cyclists are prohibited from riding on sidewalks or crosswalks where such use is explicitly forbidden by official traffic-control devices. When riding on a sidewalk or crosswalk, cyclists possess all the rights and duties applicable to pedestrians under similar circumstances.

It’s important to note that while cyclists have pedestrian-like rights in these contexts, they must still yield to pedestrians and adhere to local ordinances that may restrict bicycle use on sidewalks and crosswalks. For instance, in Chicago, although no state statute or city ordinance explicitly mandates that bicyclists must walk their bikes through crosswalks, cyclists are considered vehicles under Illinois law and are subject to the same traffic laws as motor vehicles. Therefore, they must exercise due care and caution, especially in crowded intersections.

Statistical Overview of Bicycle Accidents

Bicycle-related accidents have been a growing concern across the United States. According to the National Highway Traffic Safety Administration (NHTSA), from 2010 to 2021, bicyclist fatalities ranged from 623 to a high of 966, averaging 800 deaths annually. In 2021 alone, an estimated 41,615 bicyclists were injured in traffic crashes. Notably, 62% of these fatalities occurred at non-intersection locations, and 85% took place in urban areas.

While specific data on bicycle accidents occurring precisely at crosswalks is limited, the overall statistics underscore the critical need for enhanced safety measures at intersections and crosswalks, where interactions between cyclists, pedestrians, and motor vehicles are frequent.

Common Bicycle Accident Injuries

Bicycle accidents can result in a range of injuries, varying in severity from minor abrasions to life-threatening conditions. Understanding these common injuries can aid in prevention, prompt treatment, and informed discussions about cycling safety.

Head Injuries

Head injuries are among the most severe consequences of bicycle accidents. These can range from mild concussions to traumatic brain injuries (TBIs) and skull fractures. According to the National Safety Council, a meta-analysis estimated that bicycle helmets reduce the risk of head injury by 60% and brain injury by 58%. Despite the protective benefits of helmets, head injuries remain prevalent, emphasizing the need for consistent helmet use and other safety measures.

Fractures and Bone Injuries

Fractures are common in bicycle accidents, particularly affecting the arms, legs, and collarbone. A study analyzing bicycle injuries from 2017 to 2021 found that fractures accounted for 26% of injuries. The study also noted an 18% increase in fracture frequency over this period, highlighting a growing concern.

Road Rash and Abrasions

Road rash refers to skin abrasions resulting from sliding across pavement during a fall. While often considered minor, severe cases can lead to significant pain, scarring, and infection if not properly treated. Protective clothing can mitigate the severity of road rash.

Spinal Cord Injuries

Spinal cord injuries, though less common, are among the most devastating, potentially leading to partial or complete paralysis. The same study from 2017 to 2021 reported that internal organ injuries, which can include spinal trauma, comprised 11% of bicycle-related injuries.

Soft Tissue Injuries

Soft tissue injuries, such as sprains, strains, and contusions, are prevalent in cycling accidents. These injuries accounted for 8% of cases in the 2017-2021 study. While often less severe, they can cause significant discomfort and may require extended recovery periods.

Internal Injuries

Internal injuries, including organ damage and internal bleeding, can occur due to blunt force trauma during a collision. These injuries are particularly dangerous as they may not be immediately apparent but can be life-threatening without prompt medical attention.

Facial Injuries

Facial injuries, ranging from minor cuts and bruises to fractures and dental damage, are common when cyclists are thrown from their bikes. Protective gear, such as full-face helmets, can help reduce the risk of these injuries.

Safety Recommendations for Cyclists and Motorists

To mitigate accidents at crosswalks, both cyclists and motorists should adhere to the following safety practices:

Cyclists:

Yield the right-of-way to pedestrians at crosswalks and provide an audible signal when overtaking.

Observe local ordinances regarding riding on sidewalks and crosswalks.
Equip bicycles with appropriate lighting and reflectors to enhance visibility.
Exercise caution when approaching intersections, even when having the right-of-way.
Avoid high speeds when entering a crosswalk to minimize the risk of collision.
Wear a properly fitted helmet to reduce the risk of head injuries.

Motorists:

Yield to cyclists as you would to other vehicles, recognizing their rights on the roadway.
Maintain a safe passing distance of at least three feet when overtaking cyclists.
Be vigilant for cyclists at intersections and crosswalks, especially when making turns.
Refrain from parking or driving in marked bicycle lanes.
Check blind spots before making right-hand turns to avoid striking cyclists.
Reduce speed in areas with high bicycle and pedestrian traffic.

Legal Liability in Bicycle Crosswalk Accidents

When a bicycle accident occurs at a crosswalk, determining fault is crucial for personal injury claims. Liability may rest with the motorist, the cyclist, or both parties, depending on the circumstances.

When the Motorist Is at Fault

A motorist may be found at fault if they:

Failed to yield to a cyclist legally using a crosswalk.
Were distracted (e.g., using a phone) and did not see the cyclist.
Ran a red light or stop sign at the intersection.
Drove aggressively or exceeded the speed limit, reducing reaction time.
Were under the influence of alcohol or drugs at the time of the accident.

When the Cyclist Is at Fault

A cyclist may be found at fault if they:

Entered the crosswalk suddenly without allowing the motorist time to stop.
Failed to yield to pedestrians in the crosswalk.
Were riding recklessly or at high speeds in a pedestrian-heavy area.
Ignored traffic signals, such as riding against a red light or stop sign.
Were riding against traffic instead of with the flow of traffic.

Shared Fault and Comparative Negligence

Illinois follows a modified comparative negligence rule, meaning that an injured cyclist can recover damages only if they are less than 50% at fault for the accident. However, their compensation is reduced by their percentage of fault.

For example, if a cyclist is found 30% at fault for suddenly entering a crosswalk without checking for traffic, and the driver is 70% at fault for speeding, the cyclist’s compensation would be reduced by 30%. If their total damages amount to $100,000, they would receive $70,000 after the reduction.

This rule highlights the importance of gathering evidence after an accident, such as:

Witness statements
Traffic camera footage
Police reports
Medical records detailing injuries
Photos or videos from the scene

Preventing Bike Accidents at Crosswalks

While laws and safety measures are in place, preventing accidents ultimately depends on proactive behaviors from both cyclists and motorists. Here are some key strategies:

For Cyclists:

Plan your route to use designated bike lanes and bike-friendly roads.
Use hand signals to indicate turns and stops.
Avoid distractions, such as using headphones or looking at a phone while riding.
Wear reflective clothing, especially when riding at dusk or nighttime.
Install a bike bell or horn to alert pedestrians and drivers of your presence.
Slow down at intersections and always check for oncoming traffic before proceeding.

For Motorists:

Stay alert in high-traffic areas where bicycles and pedestrians are common.
Check for cyclists before opening car doors (the “Dutch Reach” method).
Never assume a cyclist sees you—make eye contact when possible.
Drive cautiously in school zones and residential areas, where children on bikes are prevalent.
Allow extra stopping distance in inclement weather to prevent skidding into a crosswalk.

What to Do If You’re Involved in a Bicycle Crosswalk Accident

If you are involved in a bicycle accident at a crosswalk, take the following steps to protect your rights:

Check for Injuries – Seek medical attention immediately if needed. Even if injuries seem minor, some symptoms (such as concussions) may not appear until hours later.
Call 911 – A police report can serve as critical evidence in determining fault.
Gather Evidence – Take photos of the accident scene, traffic signals, vehicle damage, and injuries. Collect witness statements if possible.
Exchange Information – Get the contact and insurance details of all parties involved.
Avoid Admitting Fault – Do not discuss blame at the scene. Even saying “I’m sorry” can be misconstrued as an admission of liability.
Consult a Personal Injury Lawyer – If you’ve been injured, an experienced Illinois injury attorney can help you navigate insurance claims and potential lawsuits.

Contact the Top-Rated Illinois Bicycle Accident Lawyers at John J. Malm & Associates

Determining the right-of-way at crosswalks involving bicycles requires a nuanced understanding of state laws, local ordinances, and safe riding practices. While cyclists may have pedestrian-like rights in certain contexts, they must still yield to pedestrians and adhere to specific regulations governing sidewalk and crosswalk use.

Motorists and cyclists share the responsibility of ensuring safety at crosswalks through vigilant adherence to traffic laws and mutual respect on the road. By taking proactive safety measures and understanding the legal implications of crosswalk accidents, both groups can help prevent collisions and protect vulnerable road users.

If you or a loved one has been involved in a bicycle accident at a crosswalk, contact John J. Malm & Associates for a free consultation. Our experienced Illinois bike accident injury attorneys can help ensure you receive the compensation you deserve. Let us help you today.