How Do You Know Whether a Bicyclist is at Fault for an Accident with a Car?

 Posted on August 23, 2025 in Personal Injury

Bicyclists and drivers share many of the same roads in Illinois, and when they crash, determining who is at fault for the accident can be complicated. While some people assume that the car’s driver is always responsible, that is not actually true. In some accidents, a bicyclist may share some or all of the blame. Understanding what factors courts and insurers will look at can help both bicyclists and drivers protect their rights after a bicycle and car crash.

With decades of experience, the Joliet, IL personal injury attorneys at Rathbun, Cservenyak & Kozol LLC have handled many bicycle accident cases. We have secured millions of dollars in verdicts for injured clients, in large part because we know how fault is assessed when bicyclists are involved. Call 815-730-1977 today. 

Illinois Traffic Law and Bicyclists’ Rights

Under Illinois law, bicycles are considered vehicles. This means cyclists have the same rights and responsibilities as drivers when using the road. According to 625 ILCS 5/11-1502, bicyclists must obey the same traffic laws, including stopping at red lights and stop signs, signaling turns, and riding in the same direction as traffic. When an accident happens, investigators look closely at whether both the driver and the bicyclist followed the rules of the road.

When Might a Bicyclist Be at Fault for a Crash?

While many crashes are caused by negligent drivers, bicyclists can also be found at fault if their actions contributed to the collision. Examples include:

• Running stop signs or traffic lights: Just like drivers, bicyclists are required to stop. Running stop signs or red lights can lead to serious accidents.

• Riding against traffic: Illinois law requires cyclists to travel in the same direction as vehicles. Riding against traffic creates confusion and increases the risk of a head-on collision.

• Failing to signal turns or lane changes: Hand signals are required under state law. If a bicyclist suddenly changes direction without signaling, a driver may not have time to react.

• Distracted riding: Using headphones or a phone while riding may contribute to fault if it prevents the cyclist from seeing or hearing incoming danger.

Illinois Comparative Negligence Law and Bicycle Crashes 

Illinois uses a modified comparative negligence system (735 ILCS 5/2-1116). This means fault can be shared between parties. If a bicyclist is found to be less than 50 percent at fault, he or she can still recover damages, but compensation will be reduced by the cyclist’s percentage of fault. For example, if a cyclist is awarded $100,000 but found 20 percent responsible, he or she could receive $80,000. If a bicyclist is found 50 percent or more at fault, he or she cannot recover damages from the driver.

Contact a Kendall County, IL Personal Injury Lawyer

If you were involved in a crash as a bicyclist, it is important to understand how fault may be assigned. At Rathbun, Cservenyak & Kozol LLC, our attorneys have decades of experience handling bicycle accident cases. We offer free consultations and have the resources of a large and diverse firm. Call 815-730-1977 today to speak with a Joliet, IL bicycle accident injury attorney who can review your case and help you pursue fair compensation.