Illinois Supreme Court Rules Bicyclists Can Only Sue Over Injuries Occurring in Bike Lanes

According to the Illinois Supreme Court, bicyclists are almost always “permitted” users of the road. However, they are only “intended” users of the road when bike lanes or bike signage are present. This distinction is important because it defines when a cyclist can sue the city over a pothole. According to the Illinois Supreme Court, a cyclist can only sue when they are an “intended user of the road” and not a “permitted user of the road.” In other words, Illinois municipalities do not have a duty of care to ensure these areas are free of potholes. This is an important distinction if you are a cyclist who was recently injured in an accident caused by a pothole.

The distinction also means that the City of Chicago is not liable for damages sustained by a cyclist who was injured after he hit a pothole on a city street that had no such signage and no defined bike lanes.

The lawsuit 

In June 2019, a Chicago cyclist was biking on the North Side of Chicago when he struck a pothole in a crosswalk and fell from his bicycle. As a result of the fall, he fractured his teeth, sustained cuts on his face, and suffered other bodily injuries, according to court records. The cyclist filed a negligence complaint against the city, alleging it neglected its duty to maintain the crosswalk which resulted in the pothole that caused the plaintiff’s injuries.

The plaintiff’s complaint argued that the city owed him a reasonable duty of care to ensure safe ground for cycling. A state appeals court agreed with the plaintiff, but in a unanimous decision published on December 14, the Illinois Supreme Court reversed the appellate court’s decision and sided with the city.

Illinois’ Tort Immunity Act 

Illinois Tort Immunity Act states that municipalities have a duty of care to maintain property in a safe condition for “people whom the municipality intended and permitted to use the property.” The Act further states that a public entity is not responsible for an injury unless it received notice of an unsafe condition prior to the injury.

This case boiled down to whether or not the state had a duty of care to maintain the crosswalk in a safe condition for cyclists. As it turned out, the Supreme Court of Illinois decided that cyclists were not the intended users of the crosswalk and the city had no duty of care to ensure their safety since it was not a specified bike lane and there was no bike-related signage.

Talk to a Danville, IL Bicycle Accident Injury Lawyer Today

Patel Law, PC represents the interests of injured cyclists in personal injury lawsuits against negligent drivers or municipalities who negligently maintain bike lanes. Call our Danville personal injury lawyers today to schedule a consultation, and we can begin investigating your accident right away.

Source:

news.wttw.com/2023/12/20/illinois-supreme-court-rules-chicago-not-liable-street-pothole-not-intended-cyclists