Auto Manufacturer Liability in Bicycle Accidents

Most people assume that when a car hits a cyclist, the driver is the only one who can be held responsible. That assumption can cost injured cyclists thousands of dollars in compensation. In Chicago, where bike accidents in Chicago have surged over recent years, a vehicle’s defective parts can be just as responsible for a crash as the person behind the wheel. When a car’s brakes fail, its sensors malfunction, or its steering gives out near a busy stretch of Milwaukee Avenue or along the Lakefront Trail, the auto manufacturer may share direct legal liability for the injuries that follow. Understanding how that liability works, and what Illinois law says about it, can make a real difference in how much compensation you recover.

Table of Contents

• How Auto Manufacturer Liability Applies to Bicycle Accidents
• Types of Vehicle Defects That Can Cause Bicycle Accidents
• Illinois Product Liability Law and the Innocent Seller Defense
• The Role of NHTSA Recalls and Federal Safety Standards
• Building a Product Liability Claim After a Chicago Bicycle Accident
• FAQs About Auto Manufacturer Liability in Bicycle Accidents

How Auto Manufacturer Liability Applies to Bicycle Accidents

Auto manufacturer liability in bicycle accident cases is grounded in product liability law. When a vehicle component is defective and that defect causes or contributes to a crash with a cyclist, the manufacturer of that vehicle, or the maker of the defective part, can be held responsible under Illinois law. This is true even if the driver was not otherwise acting negligently at the time of the crash.

Illinois recognizes three main theories under which a product liability claim can be brought: strict liability, negligence, and breach of warranty. There are three possible theories of liability in a product liability case: strict liability, breach of warranty, and negligence. Under strict liability, a manufacturer can be held responsible without the injured cyclist needing to prove the company acted carelessly. Strict liability means the manufacturer can be sued without the plaintiff being required to prove negligence, because a manufacturer has a greater level of responsibility than the average defendant and must ensure their product is safe for the consumer.

Think about what this means in practice. A cyclist riding near the intersection of North Clark Street and Diversey Parkway gets hit by a car whose anti-lock braking system failed. The driver tried to stop but couldn’t. In that situation, the driver may bear some fault, but the manufacturer of that braking system may bear fault too. Both can be named in a claim. A product liability claim can be asserted against the manufacturer or any supplier or seller in a product’s chain of distribution.

The key question in any such case is whether the defect existed when the vehicle left the manufacturer’s control. To prevail on a manufacturing or design defect claim, a plaintiff must prove: a condition of the product that results from manufacturing or design; the condition made the product unreasonably dangerous; the condition existed at the time the product left the defendant’s control; and the condition was a proximate cause of injury suffered by the plaintiff. If those elements are met, the manufacturer faces real legal exposure. A Chicago personal injury lawyer can help you identify whether a vehicle defect played a role in your crash and whether a product liability claim is worth pursuing alongside a standard negligence claim.

Types of Vehicle Defects That Can Cause Bicycle Accidents

Not every car defect looks the same, and not every defect causes the same kind of crash. In bicycle accident cases, the defects that matter most are those that reduce a driver’s ability to see, stop, or control their vehicle. When those systems fail on a busy Chicago street, cyclists bear the worst consequences.

The three main categories of defects that appear in product liability cases are design defects, manufacturing defects, and marketing defects (also called failure-to-warn defects). Strict product liability cases in Illinois can involve one or more of three distinct types of product defects: manufacturing defects are defects introduced during the manufacturing process. A design defect means the entire product line was built to a flawed blueprint. A manufacturing defect means the design was fine, but something went wrong during production for a specific vehicle. A failure to warn occurs when a product was designed and manufactured properly, but there weren’t sufficient warnings or instructions regarding foreseeable risks in using the product.

In bicycle accident cases, common vehicle defects include:

• Brake system failures, including defective brake pads, master cylinders, or anti-lock braking systems
• Defective blind-spot monitoring or backup camera systems that fail to detect cyclists
• Steering component failures that cause a driver to veer into a bike lane
• Tire defects, including tread separation, that cause a driver to lose control
• Defective headlight or signal systems that reduce visibility at dusk, a period that research identifies as particularly dangerous for cyclists
• Faulty advanced driver assistance systems (ADAS) that fail to alert drivers to nearby cyclists

A recall is issued when a manufacturer or NHTSA determines that a vehicle, equipment, car seat, or tire creates an unreasonable safety risk or fails to meet minimum safety standards. In 2024 alone, more than 27 million vehicles were recalled. Many of those vehicles are still on Chicago roads. If the vehicle that hit you was subject to an open recall that the owner had not addressed, that fact can strengthen a product liability claim against the manufacturer.

Illinois courts apply a consumer expectation test and a risk-utility test when deciding whether a product is defective. A plaintiff may demonstrate that a product is defective in design, so as to subject a retailer and a manufacturer to strict liability for resulting injuries, in one of two ways: by introducing evidence that the product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner, or by introducing evidence that the product’s design proximately caused the injury and the defendant fails to prove that the benefits of the challenged design outweigh the risk of danger inherent in such designs.

Illinois Product Liability Law and the Innocent Seller Defense

Illinois has a specific statute that governs who can be sued in a product liability case. Under 735 ILCS 5/2-621, when a plaintiff brings a strict liability claim against someone other than the manufacturer, such as a car dealership, that seller can file an affidavit identifying the correct manufacturer and potentially be dismissed from the case. 735 ILCS 5/2-621 requires a court to dismiss any defendant other than the manufacturer if the defendant files an affidavit certifying the correct identity of the manufacturer and the plaintiff sues the manufacturer.

This matters because it focuses the lawsuit on the right target. But the seller is not automatically off the hook. There are important exceptions. A non-manufacturer defendant cannot be dismissed if they had actual knowledge of the defect, if they exercised significant control over the design or manufacture of the product, or if they created the defect themselves. Under 735 ILCS 5/2-621(c), a court will not dismiss a certifying defendant where the plaintiff shows that the defendant exercised some significant control over the design or manufacture of the product, had actual knowledge of the defect, or created the defect.

There is also a practical safety net built into the law. If the plaintiff is unable to recover against the manufacturer, such as when a statute of limitations has expired or when the manufacturer is unable to satisfy a judgment, then the plaintiff can ask the court to reinstate a non-manufacturer defendant. This is important in cases involving foreign manufacturers or companies that have gone out of business.

When multiple parties share fault, Illinois law under 735 ILCS 5/2-1117 addresses how damages are divided. Under that statute, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. Any defendant whose fault is 25% or greater of the total fault is jointly and severally liable for all other damages as well. This means that if both a driver and a vehicle manufacturer are found liable, you have a stronger path to full compensation than if you had only one defendant to pursue. A bicycle accident lawyer familiar with Illinois product liability law can help you identify every party whose negligence or defective product contributed to your injuries.

The Role of NHTSA Recalls and Federal Safety Standards

The National Highway Traffic Safety Administration (NHTSA) sets federal motor vehicle safety standards that every manufacturer must meet. When a vehicle falls short of those standards, NHTSA can compel a recall. Manufacturers who determine that a product or piece of original equipment either has a safety defect, or is not in compliance with federal safety standards, are required to notify NHTSA within five business days.

A defect is safety-related if it leads to an unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, or an unreasonable risk of death or injury in an accident. When a manufacturer knows about a defect and fails to issue a recall promptly, that failure can itself be evidence of negligence in a civil lawsuit. If the manufacturer is aware that a defect or noncompliance exists and does not file a recall, the manufacturer could be liable for civil penalties.

In a bicycle accident case, a prior recall notice can be powerful evidence. If the car that struck a cyclist near the 606 Trail or along Damen Avenue had a known brake defect that was subject to an open recall, and the owner never had it repaired, that history can support both a product liability claim against the manufacturer and a negligence claim against the vehicle owner. Millions of vehicle recalls go unrepaired or unaddressed every year. That statistic has real consequences for Chicago cyclists who share the road with vehicles carrying unresolved safety defects.

NHTSA’s recall database is publicly accessible at NHTSA.gov/Recalls. After a crash, your attorney can search that database using the vehicle’s VIN to determine whether the vehicle involved had any open safety recalls at the time of the accident. That information can be the foundation of a product liability claim that dramatically increases the total compensation available to you. Connecting with an experienced bicycle accident lawyer early gives your legal team time to pull that data before it becomes harder to trace.

Building a Product Liability Claim After a Chicago Bicycle Accident

Bringing a product liability claim alongside a driver negligence claim requires a different kind of evidence than a standard bicycle accident case. You are not just proving what the driver did wrong. You are proving that a vehicle component was defective and that the defect caused or contributed to your injuries. That requires technical analysis, expert testimony, and a thorough investigation of the vehicle itself.

The first step is preserving the vehicle. Once a crash happens near a location like the Cook County Courthouse on California Avenue, or anywhere else in the Chicago metro area, the at-fault vehicle can be repaired, sold, or scrapped quickly. Your attorney needs to act fast to send a preservation letter demanding that the vehicle not be altered. Physical inspection of the vehicle by an automotive engineer or accident reconstruction expert is often essential to proving a defect existed.

You also need your medical records, the police report, witness statements, and any available traffic camera footage. Chicago’s network of cameras along major corridors like Halsted Street and North Avenue can capture vehicle behavior in the seconds before a crash, showing whether a brake failure or steering malfunction was a factor. The research data on Chicago bike crashes shows that “failing to yield” is the top identified cause of crashes, accounting for 2,165 crashes and 1,777 injuries over a four-year study period. But in many of those cases, a driver’s inability to stop or steer may have been influenced by a vehicle defect, not just inattention.

Illinois has a two-year statute of limitations for personal injury claims, including product liability claims. The standard two-year statute of limitations for personal injury actions also applies to product liability claims. If a person fails to file suit within two years of being injured, he or she will not be allowed to sue for that injury. Waiting too long can eliminate your right to pursue the manufacturer entirely. The attorneys at Briskman Briskman & Greenberg have spent decades fighting for injured Chicagoans. If a defective vehicle contributed to your bicycle accident, contact our office today for a free consultation.

FAQs About Auto Manufacturer Liability in Bicycle Accidents

Can I sue an auto manufacturer if a vehicle defect caused my bicycle accident in Chicago?

Yes. Under Illinois product liability law, you can bring a claim against an auto manufacturer if a defective vehicle component contributed to your crash. You do not need to prove the manufacturer was careless. Under a strict liability theory, you need to show the product was unreasonably dangerous, the defect existed when the vehicle left the manufacturer’s control, and the defect caused your injuries. This claim can be filed alongside a negligence claim against the driver.

What kinds of vehicle defects most commonly cause bicycle accidents?

Brake failures, defective blind-spot or backup sensors, steering malfunctions, tire defects, and failed headlight or signal systems are among the most common vehicle defects that contribute to bicycle accidents. Any component that affects a driver’s ability to see, stop, or control the vehicle is relevant. If that component failed due to a design flaw or manufacturing error, the manufacturer may be liable for the crash.

Does an open NHTSA recall strengthen my product liability claim?

It can, significantly. If the vehicle that struck you had an unrepaired safety recall at the time of the crash, that is evidence that a known defect existed. The manufacturer’s prior knowledge of the defect, combined with the owner’s failure to address the recall, can support both a product liability claim and a negligence argument. Your attorney can search the NHTSA recall database using the vehicle’s VIN to check for open recalls.

Can I sue both the driver and the auto manufacturer for the same bicycle accident?

Yes. Illinois law allows you to name multiple defendants in the same lawsuit. Under 735 ILCS 5/2-1117, defendants found to be 25% or more at fault are jointly and severally liable for your damages, including medical expenses. Pursuing both the driver and the manufacturer gives you more potential sources of compensation and a stronger overall case.

How long do I have to file a product liability claim against an auto manufacturer in Illinois?

Illinois imposes a two-year statute of limitations on personal injury and product liability claims. That clock generally starts running on the date of your accident. If you miss that deadline, you lose the right to sue the manufacturer. There is also a 12-year statute of repose for product liability claims in Illinois, meaning you generally cannot bring a claim more than 12 years after the product was first sold. Given these tight deadlines, contacting an attorney as soon as possible after your crash is critical.

More Resources About Liability in Bicycle Accident Cases

• Who Is Liable in a Chicago Bicycle Accident
• Proving Driver Negligence in Bicycle Accident Claims
• Comparative Fault in Illinois Bicycle Accident Cases
• Driver Liability in Chicago Bicycle Accidents
• Employer Liability for Bicycle Accidents Involving Commercial Drivers
• Delivery Company Liability for Bicycle Accidents
• Rideshare Company Liability in Bicycle Accident Cases
• Truck Company Liability for Bicycle Accidents
• Government Liability for Dangerous Roads in Chicago Bicycle Accidents
• Filing Claims Against the City of Chicago for Bicycle Accidents
• Construction Company Liability for Bicycle Accidents
• Property Owner Liability for Bicycle Accidents
• Bicycle Manufacturer Liability for Defective Bicycles
• Bicycle Helmet Manufacturer Liability
• Multiple Party Liability in Bicycle Accident Cases
• Liability When a Parked Car Causes a Dooring Accident
• Liability When Drivers Fail to Yield to Cyclists
• Liability in Bicycle Accidents Involving Buses or Public Transit
• Liability in Bicycle Accidents Involving Delivery Vehicles