Southern Illinois Pedestrian & Bicycle Accident Attorneys
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Southern Illinois Pedestrian & Bicycle Accident Lawyers Who Fight for the Injured
When a car hits a person on foot or on a bike, there is no airbag, no steel frame, and no seatbelt. The body takes the full force of the crash. A broken bone, a head injury, or worse can follow in an instant, and the driver who caused it often walks away without a scratch. The insurance company on the other side handles these claims every day, and its first goal is to pay you as little as possible.
The attorneys at Olson & Reeves were born and raised in Southern Illinois, and the people we represent are our neighbors. We handle pedestrian and bicycle injury and wrongful death claims across the region, from Mt. Vernon and Jefferson County to Marion, Carbondale, Centralia, Salem, and Effingham, along the busy corridors of I-57, I-64, Route 13, and Route 15. We take these cases on a contingency fee, which means you owe no attorney fee unless we recover money for you. The call and the case review are free.
This page explains how fault works when a driver strikes a pedestrian or cyclist, the Illinois laws that decide these cases, the compensation you can pursue, and the deadlines that can end a claim before it starts.
Why Pedestrian & Bicycle Crashes Are Different
Pedestrians and cyclists are what safety researchers call vulnerable road users. They share the road with vehicles that weigh thousands of pounds but have almost none of the protection a driver has. The result is that even a low-speed collision can cause life-changing harm.
The numbers back this up. According to the National Highway Traffic Safety Administration, thousands of pedestrians are killed in traffic crashes every year, and many more are seriously hurt. Cyclists face the same exposure, especially at intersections and on rural roads with no shoulder, which describes much of Southern Illinois. These cases also tend to involve disputes over who had the right of way, which is why the specific facts and the governing statute matter so much.
Who Is at Fault When a Driver Hits a Pedestrian or Cyclist?
Fault in these cases turns on who had the right of way and whether each person met the duty the law placed on them. Illinois law spells out those duties for drivers, pedestrians, and cyclists in the Illinois Vehicle Code. The sections below cover the rules that decide most pedestrian and bicycle claims in our area.
Driver Duties at Crosswalks
When traffic signals are not present or not working, a driver must stop and yield to a pedestrian crossing within a crosswalk, under 625 ILCS 5/11-1002. A driver also cannot pass another vehicle that has stopped to let someone cross. On a school day when children are present, drivers owe that same duty to children in a school-zone crosswalk under 625 ILCS 5/11-1002.5. Drivers must use due care to avoid hitting any pedestrian or cyclist on the road, sound the horn when needed, and take extra caution around children and confused or incapacitated people, under 625 ILCS 5/11-1003.1.
The Three-Foot Passing Law for Bicycles
Illinois requires a driver passing a cyclist to leave at least three feet of space and to keep that distance until safely past, under 625 ILCS 5/11-703(d). A driver who clips a cyclist after a close pass has broken a specific traffic law, which is strong evidence of fault. The same statute makes it a criminal offense to drive recklessly close to a cyclist, charged as a Class A misdemeanor or, if great bodily harm results, a Class 3 felony.
Dooring Accidents
A dooring crash happens when a driver or passenger opens a car door into the path of a passing cyclist. 625 ILCS 5/11-1407 says no one may open a door on the side of moving traffic unless it is reasonably safe to do so. A cyclist hit by a door has almost no time to react, and the person who opened it is usually at fault. These cases often come down to the position of the parked car, the direction the cyclist was traveling, and any nearby witnesses or camera footage.
Right-of-Way & Duties at a Glance
The chart below summarizes who must yield in the most common situations and the Illinois statute that sets the rule.
| Situation | Who Must Yield | Governing Law |
|---|---|---|
| Pedestrian in a crosswalk (no signal) | Driver yields to pedestrian | 625 ILCS 5/11-1002 |
| Crossing mid-block, no crosswalk | Pedestrian yields to vehicles | 625 ILCS 5/11-1003 |
| Driver passing a cyclist | Driver gives 3+ feet | 625 ILCS 5/11-703(d) |
| Opening a parked car door | Person opening must check first | 625 ILCS 5/11-1407 |
Common Injuries in Pedestrian & Bicycle Crashes
Because there is so little between a person and the vehicle that strikes them, these crashes tend to produce serious injuries. We frequently see broken bones and crushed limbs, spinal cord injuries, internal bleeding, road rash and degloving injuries, and facial and dental trauma. The most dangerous of all is a head injury. A cyclist or pedestrian who strikes the pavement can suffer a concussion or a lasting traumatic brain injury, even at low speed. Symptoms sometimes do not appear for days, which is one more reason to be checked by a doctor right away.
What to Do After Being Hit
The steps you take in the hours and days after a crash can protect both your health and your claim.
1. Call 911 and get a police report. An official report creates a record of where, when, and how the crash happened. Ask for the responding agency and the report number before you leave.
2. Get medical care, even if you feel okay. Adrenaline hides pain, and head and internal injuries are not always obvious at the scene. A prompt exam protects your health and ties your injuries to the crash. A gap in treatment is the first thing an insurer uses to argue you were not really hurt.
3. Document the scene. If you are able, photograph the vehicle, its position, the roadway, any skid marks, and your injuries. Get the driver’s information and the names of any witnesses.
4. Do not give a recorded statement to the driver’s insurer. You are not required to, and early statements are often used against you. Speak with an attorney first.
5. Preserve evidence. Keep your damaged bike, helmet, clothing, and shoes exactly as they are. They can show the force and direction of the impact.
Compensation You Can Recover
A pedestrian or bicycle injury claim can recover two kinds of damages. Economic damages cover your measurable losses, such as medical bills, future medical care, lost wages, lost earning capacity, and property damage to your bike. Non-economic damages cover the harms that have no price tag, including pain and suffering, disability, disfigurement, and loss of a normal life.
When a crash is fatal, the victim’s family may bring a claim under the Illinois Wrongful Death Act for the loss of their loved one. There is no formula that fits every case. What a claim is worth depends on the severity of the injury, the cost of care, the impact on the person’s life and work, and the available insurance.
Deadlines: How Long You Have to File
In most Illinois pedestrian and bicycle injury cases, you have two years from the date of the crash to file a lawsuit, under 735 ILCS 5/13-202. There are important exceptions. If the injured person is a minor, the two-year clock generally does not start until their eighteenth birthday, under 735 ILCS 5/13-211. If a government vehicle or a city or county is involved, a much shorter one-year deadline can apply under 745 ILCS 10/8-101.
Miss the deadline and the court can throw out your case for good, no matter how badly you were hurt. Evidence also fades fast: skid marks wash away, cameras record over their footage, and memories blur. The sooner you call, the more we can do.
With a Lawyer vs. Without
You can handle a claim on your own, but insurers know that an unrepresented person rarely knows what a claim is truly worth or how to prove it.
| With an Attorney | On Your Own | |
|---|---|---|
| Knows the deadlines and procedure | ✓ | ✗ |
| Handles the insurance company for you | ✓ | ✗ |
| Builds proof of fault and damages | ✓ | ✗ |
| Pays nothing unless you recover | ✓ |
A study by the Insurance Research Council found that injury victims who hired an attorney recovered settlements that were, on average, substantially higher than those who represented themselves. Results vary, and past results do not guarantee a similar outcome, but the takeaway is simple: at least talk to a lawyer before you accept an insurer’s first offer. The call is free.
Southern Illinois Counties We Serve
| County | County |
|---|---|
| Jefferson County | Williamson County |
| Marion County | Jackson County |
| Franklin County | Saline County |
| Washington County | Perry County |
| Clinton County | Randolph County |
| Effingham County | Fayette County |
| Wayne County | Hamilton County |
| Clay County | Richland County |
| Madison County | St. Clair County |
Do not see your county? We handle pedestrian and bicycle cases throughout Southern Illinois. Call to ask about yours.
Frequently Asked Questions About Pedestrian & Bicycle Accidents
How long do I have to file a pedestrian or bicycle accident claim in Illinois?
In most cases you have two years from the date of the crash to file suit, under 735 ILCS 5/13-202. The deadline can be shorter if a government entity is involved and longer if the injured person is a minor. Once it passes, the court can bar your case for good.
Because the right deadline depends on who is at fault and who was hurt, the safest course is to have a lawyer confirm your specific date early. Waiting also lets evidence disappear.
Who is at fault if a driver hits a pedestrian in a crosswalk?
The driver usually is. Under 625 ILCS 5/11-1002, when signals are not present or working, a driver must stop and yield to a pedestrian crossing in a crosswalk. A driver who fails to yield and causes a crash is typically at fault, though the facts of each case still matter.
Fault is not always all-or-nothing. A pedestrian who stepped out suddenly may share some blame. Illinois uses a comparative fault rule, explained below, so partial fault reduces but does not always eliminate a recovery. See 625 ILCS 5/11-1002 for the full rule.
Can I still recover if I was crossing outside a crosswalk?
Often yes. Crossing outside a crosswalk means you had a duty to yield to traffic under 625 ILCS 5/11-1003, so you may share some fault. But Illinois follows modified comparative negligence: as long as you are not more than 50% at fault, you can still recover, with your award reduced by your share.
This rule comes from 735 ILCS 5/2-1116. Insurers like to pin as much blame on the pedestrian as possible, because every percentage point lowers what they pay. That is exactly the fight a lawyer handles for you.
What is Illinois's three-foot passing law for bicycles?
Illinois law requires a driver passing a bicycle to leave at least three feet of space and keep that distance until safely past, under 625 ILCS 5/11-703(d). A driver who passes closer than three feet and hits a cyclist has violated a specific traffic law, which is powerful evidence of fault.
The same statute makes driving recklessly close to a cyclist a crime, charged as a Class A misdemeanor or a Class 3 felony if it causes great bodily harm. Read it at 625 ILCS 5/11-703.
What is a dooring accident, and who is liable?
A dooring accident happens when someone opens a car door into the path of a cyclist. Under 625 ILCS 5/11-1407, no one may open a door on the side of moving traffic unless it is reasonably safe. The person who opened the door is almost always at fault.
Dooring crashes cause sudden, violent injuries because the cyclist has no time to react. Proving one means documenting where the car was parked, the cyclist’s path, and the position of the door. Witnesses and nearby cameras are often key. The statute is at 625 ILCS 5/11-1407.
Are bicycles legally considered vehicles in Illinois?
Not exactly. Illinois does not classify a bicycle as a motor vehicle, but under 625 ILCS 5/11-1502 a person riding a bike on the road has the same rights and the same duties as the driver of a vehicle, with a few exceptions. So cyclists belong on the road and are protected by traffic law.
This matters in a crash. A cyclist who was following the rules of the road has a strong position, while a driver who failed to yield or passed too closely was breaking the law. You can read the rule at 625 ILCS 5/11-1502.
Can I recover if I wasn't wearing a bicycle helmet?
Yes. Illinois has no statewide law requiring adults or children to wear a bicycle helmet, so not wearing one is not against the law and does not bar your claim. An insurer may argue it added to your injuries, but that argument is limited and does not erase a driver’s fault for causing the crash.
A small number of Illinois municipalities have local helmet rules, usually for minors. Even where no rule applies, the lack of a helmet is something insurers raise to try to shift blame for a head injury. We push back on that.
What if the driver who hit me had no insurance or fled the scene?
You may still have a path to recovery. Your own auto policy’s uninsured motorist coverage can apply when the at-fault driver has no insurance or cannot be identified, such as in a hit-and-run. In Illinois, uninsured motorist coverage is required on auto policies, and it can protect you even when you were on foot or on a bike.
Hit-and-run cases make a prompt police report and fast investigation especially important, since identifying the driver or locating witnesses gets harder by the day. We can help pursue both the driver and any available coverage.
How much is my pedestrian or bicycle accident case worth?
There is no average, because every case is different. The value depends on the severity of your injuries, your medical bills and future care, lost wages and earning capacity, the lasting effect on your life, and the insurance available. Minor injuries settle for far less than cases involving surgery, permanent disability, or a brain injury.
Be cautious of any lawyer who promises a specific figure before reviewing your records. A careful valuation comes after the facts and the medical picture are clear. We give you an honest assessment, not a sales pitch.
What if the injured pedestrian or cyclist was a child?
Children are held to a lower standard of care than adults, and the filing deadline is extended. Under 735 ILCS 5/13-211, the two-year clock generally does not begin until the child turns eighteen, giving an injured minor more time to bring a claim. The duty a driver owes to children on the road is also heightened.
That extra time does not mean waiting is wise. Evidence still fades, and a child’s medical needs are best documented early. The minor-tolling rule is at 735 ILCS 5/13-211.
Talk to a Southern Illinois Pedestrian & Bicycle Accident Attorney Today
If you or someone you love was hit while walking or riding anywhere in Southern Illinois, the sooner you get advice, the better your claim is protected. The Olson & Reeves attorneys handle these cases on a contingency fee, so the case review is free and you owe no attorney fee unless we recover for you. Learn more about our work for the injured on our Southern Illinois personal injury attorneys page, or, if a motor vehicle was involved, our Southern Illinois car accident lawyers page. Call today at (618) 316-7322 or reach out using the form below for a 100% free case evaluation.