Get a Free Consultation with a Personal Injury Lawyer

Review by T.V.

"I highly recommend BB&G ... I would give 10 stars if I could!"

Review by G.V.

"I am so very pleased with the representation from BB&G!"

Review by M.S.

"The attorneys at BBG were exceptional. The outcome was better than we hoped."

Review by R.G.

"From the moment I contacted this firm I was treated like family."

Review by A.H.

"We couldn't be happier with the outcome or the excellent service."

Review by V.A.

"We felt very secure and confident with their representation."

Review by J.P.

"Briskman Briskman & Greenberg is a legal force to be reckoned with."

Review by T.Z.

"I'm happy with how they handled my case and recommend giving them a call!"

Review by K.N.

"Very easy process with the help of these amazing people. Very happy outcome!"

FREE CONSULTATION

GET A FREE CONSULTATION

Our Lawyers

Chicago Bicycle Accidents Caused by Potholes

Chicago’s streets have a pothole problem that every cyclist knows personally. Ride down Wicker Park, pedal through Logan Square, or cut across the North Side on a familiar route, and you will encounter cracked asphalt, sunken patches, and road defects that can send a bicycle rider flying in an instant. Potholes are not just an inconvenience. They are a genuine safety hazard, and when one causes a crash, the injuries can be severe. If you or someone you love was hurt after hitting a pothole on a Chicago street, you have real legal questions that deserve real answers. A Chicago bike accident lawyer at Briskman Briskman & Greenberg can help you understand your rights and fight for the compensation you deserve.

Why Potholes Are So Dangerous for Chicago Cyclists
Who Is Legally Responsible When a Pothole Causes a Bicycle Crash?
When Can You Sue the City of Chicago for a Pothole Bicycle Accident?
What to Do After a Pothole Bicycle Accident in Chicago
What Compensation May Be Available After a Pothole Bicycle Crash?
FAQs About Chicago Bicycle Accidents Caused by Potholes

Why Potholes Are So Dangerous for Chicago Cyclists

A car hitting a pothole might cause a bumpy ride and some tire damage. A bicycle hitting the same pothole can throw the rider completely off the bike. Cyclists have no protective frame around them, no airbags, and no seatbelt. The front wheel drops into a pothole, catches the far edge, and the bike stops abruptly while the rider keeps moving forward. That physics is brutal. Head injuries, broken wrists, fractured arms, shoulder injuries, and severe road rash are all common outcomes of pothole crashes in Chicago.

Chicago’s climate makes the problem worse every single year. The freeze-thaw cycle that defines Illinois winters tears up asphalt relentlessly. Water seeps into small cracks in the road surface, freezes, expands, and breaks the pavement apart from below. By spring, streets across neighborhoods like Pilsen, Bronzeville, and Avondale can look like obstacle courses. The city’s busiest cycling corridors, including stretches of N. Milwaukee Avenue, N. Clark Street, and N. Damen Avenue, see heavy traffic that accelerates road deterioration.

The danger is not limited to obvious, gaping holes. A two-inch drop at the edge of a pothole can be enough to catch a bicycle tire and cause a crash. Potholes near sewer grates or in bike lanes create especially concentrated hazards because cyclists have nowhere to swerve without risking a collision with traffic. Riders commuting to work during the morning rush hour, or recreational cyclists heading to the Lakefront Trail, may not see a pothole in time to react, especially in low-light conditions or after rain obscures the road surface.

Bike accidents in Chicago have surged 46.2% between 2022 and 2025, with 8,389 reported crashes and 6,248 injuries recorded over that period. Road and infrastructure conditions are a contributing factor in that trend. When the city’s roads are poorly maintained and cyclists have no safe path around the damage, crashes are predictable, not random.

Who Is Legally Responsible When a Pothole Causes a Bicycle Crash?

Liability in pothole bicycle accident cases is one of the most legally complicated areas of Illinois personal injury law. The answer depends heavily on where the pothole was located and whether the city or another party had a legal duty to protect you at that specific location. Understanding this distinction matters enormously for your claim.

In December 2023, the Illinois Supreme Court issued a ruling that directly affects pothole bicycle accident cases in Chicago. The Illinois Supreme Court unanimously ruled that Chicago carries no liability for bicycle accidents caused by potholes on a non-bicycle route or lane. The court drew a sharp line between cyclists who are “permitted” users of a road and those who are “intended” users. According to the Illinois Supreme Court, bicyclists are almost always “permitted” users of the road, but they are only “intended” users when bike lanes or bike signage are present. That distinction determines whether the city owes you a legal duty of care.

What this means practically: if you were riding in a marked bike lane on N. Damen Avenue or along a designated bicycle route near Lincoln Park and hit a pothole, the city may be liable. If you were riding on a standard city street without any bike lane markings or signage, the city’s legal duty to you is far more limited under the Local Governmental and Governmental Employees Tort Immunity Act, codified at 745 ILCS 10/.

However, the city is not the only potentially liable party. Private property owners, construction companies working on road projects, and other third parties may also bear responsibility depending on the circumstances of your crash. A Chicago personal injury lawyer at Briskman Briskman & Greenberg can investigate who controlled the road where you were injured and identify every party that may owe you compensation.

When Can You Sue the City of Chicago for a Pothole Bicycle Accident?

The Illinois Supreme Court’s 2023 ruling narrowed the path for suing the city, but it did not close it entirely. If you were riding in a designated bike lane, on a marked bicycle route, or in an area with official bike signage at the time of your crash, you may have a valid claim against the City of Chicago under Section 3-102(a) of the Tort Immunity Act. That section requires a local public entity to maintain its property in a reasonably safe condition for users the entity intended to use it.

To succeed against the city, you generally need to prove two things. First, that you were an intended user of that specific road, meaning a bike lane or bicycle signage was present. Second, that the city had actual or constructive notice of the pothole and failed to repair it. To win a pothole case, you must usually prove that the city had “notice” of the defect, meaning the city either knew about the pothole and ignored it, or that the pothole had been there so long they should have known about it. 311 service request logs and maintenance records are often used to prove this.

There is also a narrow path to liability even outside designated bike lanes if the city’s conduct rises to the level of willful and wanton misconduct. A government agency loses immunity when its conduct is willful and wanton, meaning it recklessly disregards public safety. This applies when officials knew about a hazardous pothole but ignored repair requests, creating a foreseeable danger for bicycle riders.

The deadline for filing against the city is much shorter than in standard personal injury cases. Unlike typical personal injury cases, where you generally have two years to file a lawsuit, claims against local governments in Illinois, such as the City of Chicago, often have a strict one-year statute of limitations. If you do not file within this shortened window, you may be forever barred from receiving compensation. Do not wait to speak with an attorney.

What to Do After a Pothole Bicycle Accident in Chicago

The steps you take in the hours and days after a pothole crash can make or break your legal claim. Evidence disappears fast. Potholes get filled. Witnesses move on. Acting quickly protects your rights.

Call 911 immediately if you are injured. Even if you feel okay at the scene, get a police report filed. The report creates an official record of where the crash happened, which matters enormously for establishing that you were in a designated bike lane or bicycle route. Seek medical attention right away. Some injuries, including concussions and internal injuries, do not show symptoms immediately. A medical record created the same day as your crash is far stronger evidence than one created a week later.

Document everything at the scene. Take photos and video of the pothole from multiple angles. Photograph the road markings, any nearby bike lane signage, your bicycle, your injuries, and your surroundings. If the crash happened near a recognizable location, like the 606 Trail, Millennium Park, or a Divvy bike station, include that in your photos. Capture the exact street address or intersection. Get the names and contact information of any witnesses.

Report the pothole to the Chicago Department of Transportation through the city’s 311 system. This creates a formal record of the hazard. Keep your damaged bicycle, helmet, and clothing. These items are physical evidence of the crash. Do not give a recorded statement to any insurance company before speaking with a bicycle accident lawyer. Insurance adjusters work to minimize payouts, and anything you say can be used to reduce your claim.

What Compensation May Be Available After a Pothole Bicycle Crash?

A pothole bicycle crash can produce serious injuries that affect every part of your life. Broken bones, traumatic brain injuries, spinal injuries, facial injuries, and severe road rash all require medical treatment that is expensive and often ongoing. Illinois personal injury law allows injured cyclists to pursue compensation for the full range of harm they have suffered.

Economic damages cover your out-of-pocket losses. These include emergency room bills, hospital stays, surgery costs, physical therapy, prescription medications, and future medical expenses if your injuries require long-term care. If your injuries kept you from working, you can pursue compensation for lost wages and, in serious cases, loss of future earning capacity. Your bicycle, helmet, and any other damaged property can also be included in your claim.

Non-economic damages address the personal toll of your injuries. Pain and suffering, emotional distress, and loss of enjoyment of life are all compensable under Illinois law. If a pothole crash left you with permanent scarring or a lasting disability, those impacts on your daily life are part of your damages too.

Illinois follows a modified comparative fault rule. Under this standard, your compensation is reduced by your percentage of fault, and you cannot recover anything if you are found more than 50% responsible. This is why how your claim is built and presented matters. The attorneys at Briskman Briskman & Greenberg work to establish the full picture of liability and document every element of your damages, so your claim reflects what you actually lost.

If you were injured on a route you regularly ride, such as commuting through Wicker Park or riding near the University of Illinois at Chicago campus, and a pothole caused your crash, you deserve to know your options. Contact Briskman Briskman & Greenberg today for a free consultation. Our team has spent decades standing up for injured Chicagoans, and we are ready to help you pursue the compensation you are owed. You can also reach a bicycle accident lawyer through our Rockford office if your crash occurred outside the city.

FAQs About Chicago Bicycle Accidents Caused by Potholes

Can I sue the City of Chicago if a pothole caused my bicycle accident?

It depends on where you were riding. Under the Illinois Supreme Court’s December 2023 ruling, the city may be liable if you were in a designated bike lane or on a marked bicycle route at the time of your crash. If you were on a standard city street with no bike lane or signage, the city’s legal duty to you is much more limited. A qualified attorney can review the specifics of your crash location and help determine whether a claim against the city is viable.

How long do I have to file a claim after a pothole bicycle crash in Chicago?

If your claim is against the City of Chicago or another local government entity, you generally have only one year from the date of your crash to file under Illinois law. Standard personal injury claims against private parties carry a two-year statute of limitations. Missing either deadline can permanently bar you from recovering compensation, so speaking with an attorney as soon as possible after your crash is critical.

What if I was not in a bike lane when I hit the pothole?

Your options against the city are narrower, but you are not necessarily without a claim. If another party, such as a construction company or private property owner, was responsible for the road condition where you crashed, they may be liable. Additionally, if a driver’s negligence forced you to swerve into the pothole, that driver may bear responsibility. An attorney can investigate all potential sources of liability in your case.

What evidence do I need to support a pothole bicycle accident claim?

Strong evidence includes photos and video of the pothole and surrounding road conditions taken immediately after the crash, a police report documenting the location, medical records showing your injuries, witness contact information, and any 311 complaint records showing the city had prior notice of the pothole. Your damaged bicycle and gear also serve as physical evidence. The more documentation you gather at the scene, the stronger your claim will be.

What damages can I recover after a bicycle crash caused by a pothole?

You may be able to recover compensation for medical bills, future medical costs, lost wages, loss of earning capacity, pain and suffering, emotional distress, and property damage including your bicycle and helmet. If your injuries are permanent, compensation for lasting disability and loss of enjoyment of life may also be available. Illinois law allows injured cyclists to pursue the full range of economic and non-economic damages caused by the crash.

More Resources About Causes of Bicycle Accidents

The overall experience I had with Briskman Briskman & Greenberg was the kind that everyone should receive from any firm.

The staff stayed in contact with me via phone and email, they were very knowledgeable, they made sure I understood what was going on at all times, they answered all of my questions, were transparent, and definitely exceeded my expectations. I highly recommend them.

- Brandon Spivey

The level of care, attentiveness, empathy and concern relating to my case when dealing with Briskman Briskman and Greenberg surpassed my expectations.

They were extremely knowledgeable and fair in all matters related. They exemplified excellent customer service and care. They kept me inform and updated every step of the way and any questions I had they answered. I highly recommend using them as I would again.

- Joshua Payton

I was put to ease with the professionalism at Briskman and Briskman.

Paul Greenberg especially put my mind to rest and within a years time I have settled my case and I am very satisfied with the outcome. My injury was devastating but working with this law firm has put a lot of stressful nights to rest.

- Nakia Childs

I needed a personal injury lawyer and Gavin and his team went above and beyond.

They made the process simple and helped me in every step of the way. What I really appreciate is that they are straightforward and are quick to respond to my questions and any issues from a text or phone call. They as well continuously checked up on me. I'm happy with how they handled my case and would recommend giving them a call!

- Ted Zakrzewski

Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers (BBG) is a legal team you want on your side.

They handled my case in a professional, sensitive and very competent manner. The staff exhibits expertise in the legal realm and provided excellent customer support and care. Thanks BBG for your help with navigating a very sensitive and challenging case for my family.

- Robin Albritton

If you were in an accident and need an excellent lawyer, talk to Paul!!

Very nice and professional lawyer that extremely cares about their clients. Fingers crossed I'm never in an accident ever again but if so, I' would definitely, 10/10 use Paul again!

- Danny S.

I am so very pleased with the representation from BB&G!

Robert Briskman handled my injury case very well. Funny and understanding personality and he took the time to explain everything in detail of the entire case. It was wonderful working with him. I would recommend BB&G to anyone and for myself again in the future.

- Geneva Vanderbilt

From the moment I contacted this law firm I was treated like family.

Gavin Pearlman was honest and upfront with me throughout the process. No surprises and never kept me hanging. I strongly recommend These attorneys for your needs.

- Ron Gaber

I cannot say enough good things about the attorneys at Briskman Briskman & Greenberg Personal Injury & Car Accident Lawyers.

They were extremely responsive, professional, and compassionate throughout the entire process.Their negotiations skills were exceptional, and they were able to secure a settlement that far exceeded my expectations.I am grateful to have had such a dedicated team