Illinois Supreme Court Denies Claim for Cyclist Injured by Pothole
A Chicago cyclist is not entitled to recover damages after sustaining injury when he inadvertently struck a pothole that was not on a bicycle route, according to the Illinois Supreme Court. The cyclist was not on a designated bike lane at the time of the accident and hence, cannot recover damages from the city of Chicago even though there was a Divvy bicycle rental station nearby.
The state Supreme Court ruled against the plaintiff cyclist who claimed he was thrown from his bicycle after striking a pothole in 2019. As a result of the crash, he fractured his teeth, injured his hip and shoulder, and sustained facial lacerations and scars.
Sovereign immunity in Illinois
Sovereign immunity is a concept that prohibits individuals from filing lawsuits against the government. The Illinois Tort Immunity Act opens a narrow window for individuals to file lawsuits when there is good cause. According to the Illinois Tort Immunity Act, cities have a duty to maintain their property in a reasonably safe condition for use by people “intended and permitted” to use the property. Chicago permits cyclists to use any roadway that motor vehicles use, but that doesn’t (according to this decision) mean that bicyclists are intended to use all those roadways, the Illinois Supreme Court said in handing down its decision.
In the case of this plaintiff, he was riding on a roadway without a designated bike lane and relevant signage. This, according to the Illinois Supreme Court, indicated that the city did not intend for him to be using the road.
The plaintiff, however, contended that the presence of the Divvy nearby the pothole (about 100 ft away) only establishes that the cyclist was permitted to use the road—not that the city intended for him to use the road. The Supreme Court noted that the city code allows cyclists to ride on the sidewalk to access the nearest bicycle lane. In this case, the nearest bicycle lane was about a block away.
Key takeaways from the Supreme Court’s decision
In rendering its decision, the Supreme Court made a distinction between permitted and intended use of the roadways by cyclists. It’s clear that had the accident occurred in an authorized bike lane, the plaintiff would have likely won his case. However, since the accident did not occur in an authorized bike lane, the city has no duty of care to ensure the safety of cyclists in that area. Hence, the lawsuit was dismissed, and the plaintiff went away empty-handed.
Ultimately, this places the burden of safety on cyclists who may be permitted to ride their bikes on any road in Illinois, but if they aren’t riding their bikes in an intended bike lane, then they cannot sue for a pothole injury.
Talk to a Bicycle Accident Injury Attorney Today
Patel Law, PC represents the interests of Illinois residents who have been injured in bicycling accidents. Often, it is the fault of a driver that a cyclist is injured. In these cases, we can help you recover damages related to your injuries. Call our Danville personal injury lawyers today to learn more.
Source:
abajournal.com/news/article/chicago-isnt-liable-for-bicyclist-injured-by-pothole-on-road-that-wasnt-a-designated-bike-route-court-rules
