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 Uneven Pavement

Chicago’s streets are tough on cyclists at the best of times. But when pavement buckles, cracks open, or surface sections shift out of alignment, a routine bike ride can turn into a serious injury in seconds. Uneven pavement is one of the most underreported hazards on Chicago roads, and it sends cyclists to emergency rooms across the city every year. If you were hurt because of a dangerous road surface, you may have a legal claim, and understanding how these cases work under Illinois law is the first step toward protecting your rights. A Chicago personal injury lawyer at Briskman Briskman & Greenberg can help you figure out who is responsible and what your case is worth.

How Uneven Pavement Causes Bicycle Accidents in Chicago
Who Is Legally Responsible for Uneven Pavement Injuries in Chicago
Illinois Law, Notice Requirements, and Filing Deadlines
What to Do After a Bicycle Crash Caused by Uneven Pavement
Damages You Can Recover After an Uneven Pavement Bicycle Crash
FAQs About Chicago Bicycle Accidents Caused by Uneven Pavement

How Uneven Pavement Causes Bicycle Accidents in Chicago

Chicago’s climate is brutal on pavement. Freeze-thaw cycles during winter months cause asphalt and concrete to heave, crack, and separate. Add decades of heavy vehicle traffic, aging infrastructure, and inconsistent repair schedules, and you get a city where uneven surfaces appear on nearly every block. Cyclists face risks that drivers simply do not. A car rolls over a raised pavement edge without incident. A bicycle tire catches that same edge and throws the rider over the handlebars.

The most common types of uneven pavement that cause bicycle crashes in Chicago include raised concrete panel edges, crumbling asphalt at utility cuts, pavement lips where one road section meets another at different heights, and deteriorated surfaces near construction zones. Neighborhoods like Pilsen, Englewood, and parts of the West Side have some of the most worn road surfaces in the city. Even corridors that see heavy bike traffic, like N. Milwaukee Ave. and N. Clark St., have surface irregularities that create real danger for cyclists.

Cracking can cause trip hazards as well as hazards for bicyclists. A crack that runs parallel to a bicycle tire’s path can grab the wheel and pull it sideways without warning. A raised slab edge even a few inches high can flip a rider instantly. These are not minor inconveniences. They are physical forces that produce broken wrists, fractured collarbones, traumatic brain injuries, and road rash that requires surgical treatment. Maintaining good pavement quality and prompt seasonal maintenance enhance the safety of micromobility users. When that maintenance does not happen, someone gets hurt.

Speed matters too. A cyclist traveling at 12 to 15 miles per hour has almost no time to react when a front wheel drops into a crack or catches a raised edge. The result is a sudden, violent crash with no warning and no chance to brace. Understanding that these crashes are caused by a physical road defect, not rider error, is essential to building a legal claim.

Who Is Legally Responsible for Uneven Pavement Injuries in Chicago

Liability for uneven pavement crashes is more complicated than liability in a typical car-versus-bicycle collision. When a driver causes a crash, you pursue the driver. When a road defect causes the crash, you have to identify who owns and maintains that road. In Chicago, that is often the City itself, through the Chicago Department of Transportation (CDOT), which is responsible for public way infrastructure, including planning, design, construction, maintenance and management.

Illinois law governs how and when you can sue a government entity. The Local Governmental and Governmental Employees Tort Immunity Act, found at 745 ILCS 10/3-102(a), requires a municipality to maintain its property in a reasonably safe condition for intended users. The critical issue for cyclists is the distinction between “intended” and “permitted” users. Illinois courts have held that cyclists are permitted to use most roads, but are not always considered “intended” users unless the city has installed specific infrastructure like bike lanes, pavement markings, or signage indicating cyclists should use that route.

This distinction matters enormously. If you were riding in a designated bike lane on a street like N. Damen Ave. or W. Kinzie St. when uneven pavement caused your crash, you have a stronger argument that you were an intended user of that road. State and local transportation agencies are required by law to improve the safety of transportation infrastructure, including for vulnerable road users like pedestrians and bicyclists. That federal obligation supports the argument that the city must maintain bike infrastructure in a safe condition.

Private property owners and construction contractors can also be liable. If a utility company cut into a road for repairs and left a raised lip or uneven surface, that company may be responsible. Construction zones near the Chicago Riverwalk, the Red Line corridor, or anywhere along the 606 Trail have produced pavement hazards that injured cyclists. A thorough investigation is needed to identify every responsible party before filing a claim. Working with a Chicago bike accident lawyer early gives you the best chance of identifying all liable parties.

Illinois Law, Notice Requirements, and Filing Deadlines

Timing is critical in uneven pavement cases, especially when the City of Chicago is involved. Illinois law gives most personal injury victims two years from the date of the accident to file a lawsuit, under 735 ILCS 5/13-202. But claims against government entities operate under a tighter timeline. Under the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/8-101, personal injury claims against local government agencies must be filed within one year of the accident date.

Missing that one-year deadline against a government defendant can permanently end your case, regardless of how strong your evidence is. Courts in Illinois enforce these deadlines strictly. If you were injured on a city-maintained road or in a city-designated bike lane, the clock started running the day you crashed. Waiting to see how your injuries develop, or hoping the city will simply pay your bills, is a mistake that costs injured cyclists their right to compensation.

There is also the question of notice. Some government liability claims require that the injured person provide formal written notice to the responsible government body within a specific period. The requirements can vary depending on the type of claim and the entity involved. An attorney who handles these cases can make sure every procedural requirement is met on time.

Illinois also applies a modified comparative fault rule under 735 ILCS 5/2-1116. If you are found to be more than 50 percent at fault for your own crash, you cannot recover anything. Defense attorneys and insurance adjusters for the city will argue that a cyclist should have seen the hazard and avoided it. Documenting the scene immediately after the crash, including the exact location, dimensions, and condition of the pavement defect, is essential to countering that argument. Cyclists riding in areas like the bike accidents in Chicago data shows are most dangerous should be especially diligent about documenting any road hazard that causes a crash.

What to Do After a Bicycle Crash Caused by Uneven Pavement

The steps you take in the minutes and hours after a crash directly affect the strength of your legal claim. First, call 911. A police report creates an official record of the crash and its location. Even if your injuries feel minor, get checked out by paramedics at the scene. Many serious injuries, including concussions and internal bleeding, do not produce obvious symptoms right away.

Document the pavement defect thoroughly before you leave the scene. Take photos from multiple angles showing the crack, raised edge, or surface irregularity that caused your crash. Photograph your bicycle, your injuries, and the surrounding area including any signage, bike lane markings, or lack thereof. If there are witnesses, get their names and phone numbers. Witness testimony can be powerful evidence in a case where the city will argue the hazard was not dangerous enough to warrant repair.

Report the road defect to the City of Chicago through the 311 service request system. This creates a timestamped record that the defect was reported and puts the city on notice. If the city had already received prior complaints about that specific location, that history of notice can significantly strengthen your claim. Prior 311 reports, city inspection records, and maintenance logs are all discoverable in litigation.

Do not give a recorded statement to any insurance company or city representative before speaking with an attorney. Adjusters are trained to ask questions that can be used to minimize or deny your claim. A bicycle accident lawyer can handle all communications on your behalf and make sure nothing you say is used against you.

Damages You Can Recover After an Uneven Pavement Bicycle Crash

The injuries from uneven pavement crashes are often severe. When a cyclist is thrown from a bike at speed, the body absorbs enormous force. Broken arms, broken wrists, shoulder injuries, facial injuries, and traumatic brain injuries are all common outcomes. These injuries produce real financial losses that you have the right to recover through a personal injury claim.

Recoverable damages in Illinois bicycle accident cases include medical expenses, both past and future. If your injuries require surgery, physical therapy, or long-term care, those costs are part of your claim. Lost wages matter too. If your injuries kept you out of work, whether for two weeks or two years, that lost income is compensable. For cyclists whose injuries affect their ability to work long-term, loss of earning capacity can be a significant part of the claim.

Pain and suffering damages compensate you for the physical pain and emotional distress the crash caused. These are non-economic damages, meaning they do not come with a receipt, but Illinois law allows recovery for them. If you suffered permanent scarring, disfigurement, or disability, those losses are also compensable. Bicycle repair or replacement costs are recoverable as well.

The total value of a claim depends on the severity of injuries, the strength of the evidence, the clarity of liability, and how aggressively your attorney pursues the case. Heavy traffic causes roads to deteriorate, and funding regular road maintenance is important because road conditions are linked to vehicle operating costs and, critically, to cyclist safety. When the city fails to maintain its roads and a cyclist pays the price, the law provides a path to compensation. Cyclists outside Chicago who have been hurt on dangerous road surfaces can also speak with a bicycle accident lawyer in their area or a bicycle accident lawyer serving Rockford and surrounding communities.

Briskman Briskman & Greenberg has spent decades fighting for injured Chicagoans. If uneven pavement caused your bicycle crash, call us for a free consultation. We will review your case, explain your options, and fight to get you the full compensation you deserve.

FAQs About Chicago Bicycle Accidents Caused by Uneven Pavement

Can I sue the City of Chicago if uneven pavement caused my bicycle accident?

Yes, in many cases you can. The City of Chicago has a legal duty to maintain its roads in a reasonably safe condition for intended users. If you were riding in a designated bike lane or on a road with clear bicycle infrastructure when a pavement defect caused your crash, you may have a valid claim against the city. The key is proving the city knew or should have known about the hazard and failed to fix it. These cases are time-sensitive because claims against government entities in Illinois must be filed within one year of the accident under 745 ILCS 10/8-101, so contact an attorney as soon as possible.

What if the road defect was caused by a utility company, not the city?

Utility companies and private contractors who cut into city streets for repairs are responsible for restoring the pavement to a safe condition when they finish. If a utility cut created a raised lip, a sunken patch, or an uneven surface that caused your crash, that company may be liable for your injuries. These claims are separate from any claim against the city, and both parties may share responsibility depending on the circumstances. A thorough investigation of the crash site, including permits and inspection records, can identify who is responsible.

How do I prove the pavement defect caused my crash and not rider error?

Evidence is everything. Photographs of the specific defect taken immediately after the crash are the most powerful form of proof. You should also document the dimensions of the crack or raised edge, whether any bike lane markings were present, and any prior complaints made to the city through 311 about that location. Witness statements, police reports, and expert testimony from an engineer who can speak to road safety standards all help establish that the defect was the cause of your crash, not anything you did wrong as a rider.

Does Illinois comparative fault law affect my uneven pavement claim?

It can. Illinois follows a modified comparative fault rule under 735 ILCS 5/2-1116. If you are found to be 50 percent or less at fault for the crash, you can still recover damages, but your award is reduced by your percentage of fault. If you are found more than 50 percent at fault, you recover nothing. Defense attorneys for the city or a contractor will often argue that a careful cyclist would have seen and avoided the hazard. Strong photographic evidence, an expert who can explain why the defect was not visible in time to react, and a clear account of how the crash happened all help counter that argument.

How long does a bicycle accident claim involving uneven pavement take to resolve?

The timeline varies depending on the severity of your injuries, whether the city or a private party is the defendant, and how aggressively the responsible party contests liability. Claims against the City of Chicago often take longer than standard personal injury claims because government entities have their own legal departments and procedures. Cases involving serious injuries that require time to fully assess medically can also take longer to resolve. Some cases settle within months, while others proceed to litigation and take a year or more. The most important thing is not to rush a settlement before you know the full extent of your injuries and losses.

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