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Protected Bike Lane Accidents: Who Is Responsible?

What Are Protected Bike Lanes?

Protected bike lanes are cycling lanes that are physically separated from motor vehicle traffic by a barrier. That barrier might be concrete curbs, plastic bollards, parked cars, planters, or raised medians. Unlike standard painted bike lanes, protected lanes put a physical object between cyclists and moving cars.

Chicago has been expanding its network of protected bike lanes in recent years. Major protected routes include sections of Dearborn Street, Milwaukee Avenue, Kinzie Street, Roosevelt Road, and Clybourn Avenue. The city’s goal is to create a connected network of safe cycling infrastructure.

Protected bike lanes reduce the risk of many types of bicycle accidents. Studies show that streets with protected bike lanes see significantly fewer cycling injuries and fatalities compared to streets with no bike infrastructure or painted-only lanes. But they do not eliminate all risks.

How Accidents Happen in Protected Bike Lanes

Even with physical protection, several types of accidents occur in and around protected bike lanes.

Turning Conflicts at Intersections

The most dangerous spots along a protected bike lane are the intersections. The physical barrier typically ends where the bike lane crosses a street, exposing cyclists to turning vehicles. Drivers making left or right turns across the bike lane may not see a cyclist approaching in the protected lane, especially if parked cars or the lane barrier blocks their view.

Vehicles Entering or Crossing the Bike Lane

Drivers pulling out of driveways, alleys, and parking garages must cross the protected bike lane. Many drivers look only for gaps in motor vehicle traffic and fail to check the bike lane before pulling out. This creates T-bone collisions where the car drives directly into the side of a passing cyclist.

Delivery Vehicles and Double Parking

Delivery trucks frequently block protected bike lanes, forcing cyclists to leave the protection of the lane and merge into motor vehicle traffic. This is especially common in commercial areas along Milwaukee Avenue and in the Loop. When a cyclist is injured while going around a vehicle illegally parked in the bike lane, the driver of that vehicle shares liability.

Pedestrians Stepping into the Bike Lane

In some areas, the protected bike lane runs between the sidewalk and parked cars. Pedestrians stepping off the curb into the bike lane without looking can cause collisions, particularly near bus stops, crosswalks, and busy storefronts.

Poor Lane Design and Maintenance

Some protected bike lanes have design flaws that create hazards. Abrupt lane endings that dump cyclists into traffic, blind corners where the barrier blocks sightlines, drainage grates aligned with the direction of travel, and debris accumulation in the lane all contribute to accidents.

Door Zone Conflicts

On streets where the protected bike lane runs between parked cars and the curb, cyclists can still be hit by opening doors from parked cars on the curb side. The lane design may also place cyclists in the door zone of cars parked along the barrier.

Who Is Responsible for Protected Bike Lane Accidents?

Liability depends on what caused the accident. Multiple parties may be responsible.

Motor Vehicle Drivers

A driver who turns across a protected bike lane without yielding to a cyclist, pulls out of a driveway without checking the lane, or parks illegally in the lane is negligent. Illinois law requires drivers to yield to cyclists in bike lanes, just as they must yield to other vehicles. The physical barrier does not change the driver’s duty of care at intersections and crossings.

The City of Chicago

If the accident was caused by a design flaw in the bike lane, the City of Chicago or the Chicago Department of Transportation may be liable. Examples include:

  • A protected lane that ends abruptly without adequate transition or warning signs
  • An intersection design that hides approaching cyclists from turning drivers
  • Missing or damaged bollards that fail to protect the lane
  • Drainage grates, potholes, or uneven surfaces within the lane that cause a cyclist to crash
  • Failure to maintain the lane by removing debris, snow, or ice

Claims against the City of Chicago must be filed within one year under the Illinois Local Governmental and Governmental Employees Tort Immunity Act. This deadline is strictly enforced.

Property Owners

If a business owner’s dumpster, construction materials, or signage obstructs the bike lane and causes an accident, the property owner may be liable. Similarly, a property owner whose driveway crosses the bike lane may be responsible if they fail to maintain clear sightlines.

Delivery Companies

When a delivery truck blocks the bike lane and forces a cyclist into traffic where they are hit, both the truck driver and the delivery company can be held liable. Amazon, FedEx, UPS, and food delivery services regularly block Chicago bike lanes.

Other Cyclists or Pedestrians

If another cyclist riding recklessly in the protected lane caused a collision, or a pedestrian stepped into the lane without looking, that person can be held liable for your injuries.

Proving a Bike Lane Design Was Dangerous

Claims based on dangerous bike lane design require showing that the city knew or should have known about the hazard and failed to fix it. Evidence that can support this type of claim includes:

  • A history of accidents at the same location
  • Complaints or requests for improvements submitted to the city
  • Engineering standards that the bike lane design fails to meet
  • Expert testimony from a traffic engineer or urban planner
  • Comparison with safer designs used elsewhere in Chicago or other cities

An attorney experienced in traffic accident cases can work with experts to analyze whether a bike lane design was unreasonably dangerous.

Common Injuries in Protected Bike Lane Accidents

Despite the protection offered by the lane barrier, accidents in and around protected bike lanes can still cause serious injuries.

  • Head injuries. Cyclists thrown from their bikes at intersections or struck by turning vehicles can suffer traumatic brain injuries even while wearing helmets.
  • Fractures. Broken arms, legs, wrists, and collarbones are common in both vehicle-cyclist and cyclist-pedestrian collisions.
  • Spinal injuries. High-speed impacts at intersections can cause herniated discs, vertebral fractures, or spinal cord damage.
  • Soft tissue injuries. Sprains, strains, and torn ligaments often require extensive physical therapy.
  • Lacerations and road rash. Falls within the bike lane, especially where the surface is rough or there is debris, cause painful skin injuries.

Comparative Negligence in Bike Lane Accidents

Illinois uses a modified comparative negligence system. If you were partially at fault, your compensation is reduced by your percentage of responsibility. You can still recover as long as your fault is less than 50%.

Common arguments the defense may raise include that you were riding too fast within the bike lane, that you failed to slow down at an intersection, or that you were not paying attention. An experienced bicycle accident lawyer can counter these arguments and present evidence supporting your right to full compensation.

What to Do After an Accident in a Protected Bike Lane

  1. Move to safety if you can do so without worsening your injuries.
  2. Call 911 and request police and medical assistance.
  3. Photograph everything including the bike lane, the barrier, the intersection, any vehicles involved, and your injuries.
  4. Note the lane conditions. Was there debris, a pothole, a missing bollard, or a blocked section?
  5. Get witness information. Other cyclists and pedestrians may have seen what happened.
  6. Report the accident to the police and get a copy of the report.
  7. See a doctor as soon as possible, even for injuries that seem minor.
  8. Contact an attorney who handles bicycle accident cases.

Compensation Available After a Bike Lane Accident

If someone else’s negligence or a dangerous road design caused your accident, you may be entitled to:

  • Medical expenses including emergency care, surgery, rehabilitation, and ongoing treatment
  • Lost income from time away from work
  • Reduced future earning capacity
  • Pain and suffering
  • Loss of enjoyment of life
  • Bicycle and equipment replacement

The insurance and liability questions in bike lane accident cases can be complicated, especially when government entities are involved. Professional legal help can make a significant difference in the outcome of your claim.

Talk to a Chicago Bicycle Accident Lawyer

Protected bike lanes should keep cyclists safe. When they fail because of poor design, bad maintenance, or a negligent driver, someone needs to be held accountable. If you were injured in a protected bike lane accident in Chicago, an experienced attorney can help you identify all responsible parties and pursue the compensation you deserve.

Call Phillips Law Offices at (312) 346-4262 or contact us online at contact us online for a free consultation.

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