If you are injured while riding a Divvy bike in Chicago, you may be able to pursue compensation when another person or entity caused your crash. Depending on what happened, a negligent driver, a company responsible for a dangerous condition, or another party could be liable. Because Divvy riders use shared bicycles rather than their own bikes, crashes can also raise questions about equipment, maintenance, and evidence that should be preserved after an injury.
If you were hurt while using Divvy, contact DePaolo Zadeikis & Pino, LLC at 312-263-7560 to discuss your accident and legal options.
Key Takeaways
- Divvy riders generally have the same roadway rights and responsibilities as other bicyclists in Illinois.
- A negligent driver may be responsible for injuries caused by speeding, distraction, unsafe turns, dooring, or improper passing.
- A blocked or dangerous bike lane can affect who may be liable for a crash.
- The condition of the Divvy bike may be relevant if equipment failure contributed to the accident.
- Photos, witness information, medical records, and details identifying the Divvy bike can help preserve evidence.
Do Divvy Riders Have the Same Rights as Other Chicago Cyclists?
Using a bike-share bicycle does not eliminate the protections that apply to cyclists on Illinois roads. The Illinois Secretary of State explains that bicyclists have the same rights and responsibilities as other roadway users, subject to laws specifically applicable to bicycles. Its guidance on bicycle safety laws also addresses safe passing, signaling, roadway positioning, and other rules cyclists and motorists should understand.
That distinction matters after a crash. A driver cannot avoid responsibility simply because the injured cyclist rented a Divvy bike rather than owning the bicycle. At the same time, cyclists must follow applicable traffic rules. The conduct of everyone involved can therefore become important when determining fault.
Who Can Be Liable for a Divvy Bike Accident?
The party responsible depends on what caused the collision. In many cases, liability may rest with a driver whose negligence caused the cyclist’s injuries. Examples can include motorists who run traffic signals, fail to yield, open a vehicle door into a cyclist’s path, drive while distracted, or turn across a bike lane without properly checking for riders.
Other accidents are more complicated. Depending on the evidence, responsible parties could include:
- A driver who struck or forced the cyclist off course
- A vehicle owner or employer in circumstances where applicable law supports liability
- A party responsible for a dangerous obstruction
- Another party whose negligent conduct contributed to the crash
Chicago cyclists face risks from heavy traffic, busy intersections, parked vehicles, and conflicts between bicycles and motor vehicles. Understanding why bicycle accidents are increasing can also help riders recognize situations where crashes are more likely to occur.
What If a Vehicle Blocks the Bike Lane?
A blocked bike lane can force a Divvy rider into moving traffic or require a sudden maneuver. When obstacles in a bike lane contribute to an accident, determining liability requires examining how the obstruction affected the cyclist and what other drivers did immediately before the collision.
Photographs can be particularly valuable in these cases. A vehicle may be moved soon after the crash, leaving little physical evidence that it had blocked the rider’s path. Photos showing its position, license plate, surrounding traffic, bike-lane markings, and nearby signs can help establish the conditions that existed when the accident occurred.
What If a Driver Passes Too Close?
Illinois law requires motorists overtaking a bicycle traveling in the same direction to leave a safe distance of at least three feet until they have safely passed the bicycle. A close pass can cause a collision even when the vehicle never directly strikes the cyclist. A rider may be forced toward a curb, parked car, pothole, or other hazard while attempting to avoid the vehicle.
Cases involving unsafe passing can depend heavily on witness statements, video footage, vehicle damage, and evidence showing where the driver and cyclist were positioned.
What If the Divvy Bike Malfunctioned?
If a mechanical problem contributed to your crash, document it as soon as possible. Problems involving brakes, steering, wheels, pedals, seats, or other components may require a different investigation than an ordinary vehicle-versus-bicycle collision.
Avoid assuming that an apparent equipment problem automatically establishes liability. Determining responsibility may require evidence showing what failed, why it failed, whether the condition existed before the ride, and whether the failure actually caused or contributed to the crash.
Can You Recover Compensation After a Divvy Bike Crash?
If another party’s negligence caused your injuries, compensation may be available for losses resulting from the accident. Depending on the circumstances, those losses can include medical expenses, lost income, pain and suffering, and other accident-related damages.
Illinois follows a modified comparative negligence rule. An injured person whose contributory fault is more than 50% of the proximate cause of the injury is barred from recovering damages. If the person’s fault is 50% or less, recoverable damages are reduced in proportion to that person’s share of fault.
How Can a Chicago Bicycle Accident Attorney Help?
Divvy accidents can involve disputed fault, disappearing evidence, insurance companies, and questions about whether the bicycle or roadway conditions contributed to the crash. An attorney can investigate these issues and determine which parties and insurance coverage may be relevant.
A bicycle accident lawyer can also work to obtain evidence that may be difficult for an injured rider to secure independently, communicate with insurers, document damages, and evaluate settlement offers.
Taking action promptly can matter. Video can be overwritten, witnesses can become difficult to locate, and physical conditions at the scene can change. Evidence involving a shared bicycle may also require identifying the specific Divvy bike involved before it returns to circulation or is serviced.
Protect Your Rights After a Divvy Bike Accident
Being injured while riding a Divvy bike does not mean you have fewer rights than someone riding a personally owned bicycle. What matters is how the crash occurred, who contributed to it, the evidence available, and the extent of your injuries and losses.
If you were injured while riding a Divvy bike in Chicago, contact DePaolo Zadeikis & Pino, LLC at 312-263-7560 to discuss your rights and options.
