Drivers are required by law to make every effort to avoid hitting pedestrians, bicyclists, anyone riding a horse or similar animal or anyone using a method of transportation that requires physical effort to operate. An effort must also be made by the driver to alert bicyclists or pedestrians of the driver’s presence- usually by sounding the horn when it is obvious that the person does not see the vehicle. If the driver sees a child, an incapacitated person or someone who seems confused, special precautions must be taken to ensure the driver does not hit that person.
Amended Coun. J. 3-12-08, p. 22781, § 1 – From the Chicago Department of Transportation.
It should be noted that while riding a bicycle can be an enjoyable activity for the purpose of recreation and as a form of physical activity, cyclists have a responsibility to operate their bicycles in a manner that promotes safety.
When a bicyclist fails to abide by the state and local ordinances or fail to act in a reasonable manner under circumstances that lead to accidents, his or her comparative fault may diminish or completely bar his or her right to recover damages from the party he or she was involved in an accident with.
If you are a bicyclist who was injured due to to a driver who failed to exercise due care, we invite you to contact our law office for a free consultation to discuss your legal rights.