Mt. Prospect Bicycle Accident Lawyer

If you ride a bike in or around Mt. Prospect, you know how busy the roads can get. Rand Road, Elmhurst Road, and the intersections near Randhurst Village see heavy traffic daily. Cyclists share those roads with drivers who are sometimes distracted, speeding, or simply not paying attention. When a crash happens, the injuries can be serious. Broken bones, head trauma, spinal injuries, and road rash are all common outcomes when a car hits a bicycle. If this has happened to you or someone you love, you need to understand your rights under Illinois law, and you need a legal team that will fight for you. Briskman Briskman & Greenberg has been helping injured people in the Chicago area, including communities like Mt. Prospect, get the compensation they deserve. Our firm handles bicycle accident cases throughout the region, and we are ready to hear your story.

Table of Contents

• Bicycle Accidents in Mt. Prospect and the Chicago Suburbs: A Real Problem
• Illinois Laws That Protect Injured Cyclists
• What to Do After a Bicycle Accident Near Mt. Prospect
• Damages You Can Recover in an Illinois Bicycle Accident Case
• The Deadline to File Your Bicycle Accident Claim in Illinois
• FAQs About Mt. Prospect Bicycle Accident Claims

Bicycle Accidents in Mt. Prospect and the Chicago Suburbs: A Real Problem

Mt. Prospect is a vibrant northwest suburb of Chicago, sitting just off Interstate 90 and close to O’Hare International Airport. Residents enjoy cycling along the North Branch Trail, through Melas Park, and along local streets. But sharing the road with high-speed traffic comes with real risks. Preliminary data from 2024 shows that 35 bicyclists died on Illinois roads. That number, while lower than 2023, is still far too high. According to data reported by IDOT, the number of fatal crashes involving bicyclists increased from 12 in 2019 to 41 in 2023. The trend shows that cycling in Illinois has become more dangerous over time, not less.

Crashes involving pedalcyclists accounted for 1.1% of total crashes, 3.4% of fatal crashes, and 4.7% of injury crashes in Illinois in 2024. Those percentages may sound small, but they represent real people with real injuries. Think about a cyclist riding near the Metra UP-NW line station in Mt. Prospect, heading home from work. One inattentive driver can change everything in a split second. Professor Ian Savage from Northwestern University points out that pedestrian and cyclist fatalities have made up an increasing proportion of total traffic deaths in Illinois since the pandemic, rising from 18.3% in 2019 to 21.2% in 2024. That upward trend is a warning sign for every cyclist in the Chicago metro area.

Common causes of bicycle accidents near Mt. Prospect include distracted driving, failure to yield at intersections, speeding on arterial roads like Golf Road and Central Road, and “dooring,” which happens when a driver opens a car door into a cyclist’s path. Illinois law states that a motorist shall not, in a reckless manner, drive unnecessarily close to, toward, or near a bicyclist, and depending on whether great bodily harm results, this is a Class A misdemeanor or a Class 3 Felony. When drivers break that law and hurt a cyclist, the injured person has the right to pursue a personal injury claim. If you were hit by a car while riding your bike in Mt. Prospect or anywhere in Cook County, contact Briskman Briskman & Greenberg today to learn what your case may be worth.

Illinois Laws That Protect Injured Cyclists

Illinois gives cyclists the same rights on the road as drivers of motor vehicles. On most roadways, bicyclists, including those on electric bikes or low-speed vehicles such as scooters and mopeds, have the same rights and responsibilities as other roadway users. That means drivers owe cyclists a duty of care. When a driver fails to meet that duty and causes an accident, they can be held legally responsible for the harm they cause.

One of the most important laws to understand is Illinois’ modified comparative negligence rule. Under 735 ILCS 5/2-1116, a cyclist can still recover damages even if they were partially at fault for the accident. The law says you are barred from recovering damages only if your share of fault is more than 50% of the cause of the injury. If your fault is 50% or less, you can still recover, but your damages are reduced in proportion to your share of fault. So if a jury finds you were 20% at fault and your damages total $100,000, you would receive $80,000. This is an important protection for injured cyclists who may have made a small mistake, like momentarily drifting out of a bike lane, while the driver was the primary cause of the crash.

Illinois law also addresses what happens when multiple parties are responsible. Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. If a defendant’s share of fault is 25% or more, they can be held jointly and severally liable for all other damages too. This matters in bicycle accident cases where, for example, both a negligent driver and a municipality that failed to maintain a safe road may share responsibility. Motor vehicle drivers are required to pass bicyclists with at least three feet of clearance. Violations of that rule, combined with other negligent behavior, can support a strong personal injury claim. A Chicago bike accident lawyer at Briskman Briskman & Greenberg can evaluate all potential defendants in your case and pursue every available avenue of recovery.

What to Do After a Bicycle Accident Near Mt. Prospect

The moments after a bicycle crash can be chaotic and frightening. You may be in pain, your bike may be destroyed, and the driver who hit you may be panicking. Knowing what to do in those first minutes and hours can protect your health and your legal rights. Here is what we recommend.

First, call 911 immediately. Under 625 ILCS 5/11-401, the driver of any vehicle involved in a crash resulting in personal injury must immediately stop and remain at the scene until all requirements are met. If the driver flees, that is a serious crime. The police report created at the scene will be a key piece of evidence in your case. Get that report number before you leave.

Second, seek medical care right away, even if you feel okay. Head injuries, internal bleeding, and spinal trauma can have delayed symptoms. A medical record created close in time to the accident ties your injuries directly to the crash, which is critical for your claim. Document everything you can at the scene. Take photos of your bike, your injuries, the vehicle that hit you, the road conditions, and any traffic signs or signals nearby. If you were hit near a busy area like Randhurst Village or along Algonquin Road, there may be nearby surveillance cameras. Get witness names and contact information. All of this evidence helps build your case.

Third, do not give a recorded statement to the at-fault driver’s insurance company without speaking to an attorney first. Insurance adjusters are trained to minimize payouts. They may use your words against you. Contact Briskman Briskman & Greenberg before you talk to any insurer. As a Chicago personal injury lawyer team with deep experience in bike accident cases, we can handle all communications with the insurance company on your behalf, so you can focus on healing.

Damages You Can Recover in an Illinois Bicycle Accident Case

When a negligent driver injures you in a bicycle accident, you may be entitled to compensation for a wide range of losses. Illinois law allows injured cyclists to pursue both economic and non-economic damages. Understanding what you can recover helps you see why having skilled legal representation matters so much.

Economic damages are the measurable financial losses you suffer because of the accident. These include past and future medical bills, hospital stays, surgeries, physical therapy, prescription medications, and any medical equipment you need. They also include lost wages if your injuries keep you out of work, and lost earning capacity if your injuries are permanent and affect your ability to work in the future. If your bicycle was damaged or destroyed, you can also recover the cost to repair or replace it.

Non-economic damages cover the human cost of your injuries. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for your spouse are all recoverable under Illinois law. These damages can be significant in serious bicycle accident cases. For example, a cyclist who suffers a traumatic brain injury after being struck by a car on Euclid Avenue in Mt. Prospect may face a lifetime of cognitive challenges. The non-economic damages in that kind of case can far exceed the medical bills.

In cases where the at-fault driver acted with willful or wanton disregard for the safety of others, punitive damages may also be available. If someone you love was killed in a bicycle accident, Illinois’ Wrongful Death Act (740 ILCS 180/1) allows the deceased person’s estate to pursue damages, including punitive damages when applicable. The law states that whenever a death is caused by a wrongful act or neglect, the person or company that would have been liable if death had not ensued shall be liable to an action for damages. Our bicycle accident attorney team at Briskman Briskman & Greenberg can help you understand which damages apply to your specific situation and fight to maximize your recovery.

The Deadline to File Your Bicycle Accident Claim in Illinois

Time is not on your side after a bicycle accident. Illinois law sets a strict deadline for filing personal injury claims, and missing that deadline almost always means losing your right to any compensation at all. Under 735 ILCS 5/13-202, personal injury actions must be commenced within two years after the cause of action accrued. In plain terms, you generally have two years from the date of your bicycle accident to file a lawsuit in Illinois court. If you miss that window, the court will almost certainly dismiss your case, no matter how strong it is.

Two years sounds like a long time, but it goes faster than you think. Medical treatment, recovery, and dealing with insurance companies can consume months before you even think about legal action. On top of that, building a strong case takes time. Your attorney needs to gather evidence, interview witnesses, obtain medical records, work with accident reconstruction experts if needed, and identify all liable parties. Waiting too long puts all of that work at risk.

There are some situations where the deadline may be different. If the at-fault party is a government entity, such as a municipality that failed to maintain a safe road near the Mt. Prospect Metra station or along a Cook County highway, special notice requirements and shorter deadlines may apply under the Illinois Tort Immunity Act. Cases involving minors may also have different rules. If your bicycle was damaged but you were not physically injured, the statute of limitations for property damage claims under 735 ILCS 5/13-205 is five years, not two. The safest approach is to contact Briskman Briskman & Greenberg as soon as possible after your accident. We will make sure your claim is filed on time and that no deadline is missed.

FAQs About Mt. Prospect Bicycle Accident Claims

Do I have a case if I was not wearing a helmet when I was hit by a car?

Illinois does not have a statewide helmet law for adult cyclists, so not wearing a helmet does not automatically bar your claim. However, the defense may argue that your failure to wear a helmet contributed to the severity of your head injuries. Under Illinois’ modified comparative negligence law (735 ILCS 5/2-1116), your damages may be reduced if the jury finds you partly at fault, but you can still recover as long as your share of fault is 50% or less. Every case is different, and speaking with an attorney about your specific facts is the best way to understand how this might affect your claim.

What if the driver who hit me does not have enough insurance to cover my injuries?

This is a common concern in bicycle accident cases. If the at-fault driver is underinsured or uninsured, you may be able to make a claim under your own uninsured or underinsured motorist (UM/UIM) coverage, if you have it on your auto policy. There may also be other liable parties, such as a vehicle manufacturer if a defective part contributed to the crash, or a municipality if a poorly maintained road played a role. Briskman Briskman & Greenberg will investigate all potential sources of recovery to make sure you are not left without compensation simply because the driver who hit you lacked adequate insurance.

How long does a bicycle accident case take to resolve in Illinois?

There is no single answer to this question because every case is different. Some cases settle within a few months through negotiations with the insurance company. Others go to litigation and may take one to three years or more to resolve, especially if liability is disputed or the injuries are severe. Factors like the strength of the evidence, the extent of your injuries, the number of parties involved, and the willingness of the insurance company to offer a fair settlement all affect the timeline. What matters most is that your case is handled thoroughly, not just quickly. Rushing a settlement can leave significant money on the table.

Can I file a claim if I was hit by a car while riding my bike on a trail near Melas Park?

Yes. Bicycle accident claims can arise from crashes that happen on roads, parking lots, trail crossings, and other locations. If a motor vehicle entered a trail area and struck you, the driver may be liable. If the trail itself had a dangerous condition, like a broken surface or inadequate signage at a road crossing, the entity responsible for maintaining that trail may also share liability. Illinois premises liability law and negligence law both apply in these situations. The key is to document the scene, report the incident, and speak with an attorney promptly so evidence is preserved.

What does it cost to hire Briskman Briskman & Greenberg for a bicycle accident case?

Briskman Briskman & Greenberg handles personal injury cases, including bicycle accident cases, on a contingency fee basis. That means you pay no attorney fees unless we recover compensation for you. There are no upfront costs and no out-of-pocket expenses to get started. Our fee comes as a percentage of the recovery we obtain on your behalf. This arrangement allows injured cyclists to access quality legal representation regardless of their financial situation. You can contact our office for a free consultation to discuss your case and learn more about how we can help you.

More Resources About Vehicle Injuries

• Dangerous Roads & Intersections in Mt. Prospect
• Mt. Prospect Car Accident Lawyer
• Mt. Prospect Distracted Driving Accident Lawyer
• Mt. Prospect Drunk Driving Accident Lawyer
• Mt. Prospect Fatal Car Accident Lawyer
• Mt. Prospect Motorcycle Accident Lawyer
• Mt. Prospect Pedestrian Accident Lawyer
• Mt. Prospect Truck Accident Attorney
• Mt. Prospect Uber Accident Lawyer
• Mt. Prospect Lyft Accident Lawyer
• Mt. Prospect Uninsured Motorist Accident Lawyer