Bicycle Accident Complaint - Illinois

COMPLAINT FOR DAMAGES (BICYCLE COLLISION) — ILLINOIS

IN THE CIRCUIT COURT OF THE [________________] JUDICIAL CIRCUIT

[________________] COUNTY, ILLINOIS

NOW COMES Plaintiff, [PLAINTIFF FULL LEGAL NAME] ("Plaintiff"), by and through undersigned counsel, and complaining of Defendants, states as follows:

I. JURISDICTION AND VENUE

1. This Court has subject-matter jurisdiction pursuant to article VI, § 9 of the Illinois Constitution and 735 ILCS 5/2-101, as this is a civil action for damages.

2. This Court has personal jurisdiction over Defendants under 735 ILCS 5/2-209 because each Defendant is an Illinois resident and/or committed a tortious act within Illinois giving rise to this action.

3. Venue is proper in [________________] County under 735 ILCS 5/2-101 and 5/2-102 because the transaction or occurrence out of which this cause of action arose occurred in this County and/or one or more Defendants reside or are doing business in this County.

II. PARTIES

4. At all relevant times, Plaintiff was an individual residing in [________________] County, Illinois, and was lawfully operating a bicycle upon the public roadways of this State.

5. At all relevant times, Defendant [DEFENDANT DRIVER NAME] ("Defendant Driver") was an individual residing in [COUNTY] County, Illinois, and was the operator of the motor vehicle that struck Plaintiff.

6. At all relevant times, Defendant [DEFENDANT OWNER / EMPLOYER NAME] ("Defendant Owner") was the owner of the vehicle operated by Defendant Driver and/or the employer of Defendant Driver, and is named for vicarious liability and negligent entrustment as set forth below.

III. FACTUAL ALLEGATIONS

7. On or about [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle traveling [DIRECTION] on [STREET / HIGHWAY] at or near its intersection with [CROSS STREET / LANDMARK] in [CITY], [________________] County, Illinois (the "Collision").

8. At the same time and place, Defendant Driver was operating a [YEAR / MAKE / MODEL] motor vehicle owned by Defendant Owner, traveling [DIRECTION] on the same roadway or approaching the same intersection.

9. Plaintiff was operating the bicycle with due care for his/her own safety, was riding [in a designated bicycle lane / as close as practicable to the right-hand curb or edge of the roadway / lawfully occupying the travel lane as permitted by 625 ILCS 5/11-1505], was equipped and visible as required, and had all the rights and was subject to all the duties of a vehicle operator under 625 ILCS 5/11-1502.

10. Defendant Driver caused the Collision by, among other acts and omissions described below, [SELECT / DESCRIBE: overtaking and passing Plaintiff's bicycle without leaving the not-less-than-3-feet of clearance required by 625 ILCS 5/11-703(d) / turning left across Plaintiff's path of travel (left-cross) when it was unsafe to do so / turning right across Plaintiff's path after overtaking the bicycle (right-hook) / opening a vehicle door into Plaintiff's path of travel ("dooring") in violation of 625 ILCS 5/11-1407 / failing to yield the right-of-way to Plaintiff / driving at a speed greater than was reasonable and proper / driving while distracted / failing to keep a proper lookout for bicyclists].

11. As a direct and proximate result of the Collision, Plaintiff — an unprotected bicyclist without the structural protection or restraint systems of an enclosed vehicle — was thrown from the bicycle and sustained severe and permanent bodily injuries, including but not limited to [DESCRIBE INJURIES — e.g., fractures, traumatic brain injury, spinal injury, internal injuries, degloving/road rash, disfiguring scarring].

12. The [Illinois State Police / Police Department / Sheriff's Office] investigated the Collision and cited Defendant Driver for violation of [TRAFFIC STATUTE — e.g., 625 ILCS 5/11-703(d) or 5/11-1407].

13. Plaintiff received emergency and continuing medical care at [HOSPITAL / PROVIDER] and has incurred, and will continue to incur, medical expenses, lost income, damage to the bicycle and personal effects, and other damages.

IV. COUNT I — NEGLIGENCE

(Against Defendant Driver)

14. Plaintiff realleges and incorporates by reference paragraphs 1 through 13 as though fully set forth herein.

15. At all relevant times, Defendant Driver owed Plaintiff a duty to operate the motor vehicle with ordinary and reasonable care, to keep a proper lookout for bicyclists, to overtake and pass Plaintiff's bicycle at a safe distance of not less than 3 feet, to yield the right-of-way where required, to obey the Illinois Vehicle Code, and to avoid creating an unreasonable risk of harm to persons lawfully using the roadway.

16. Defendant Driver breached that duty in one or more of the following respects, in that Defendant Driver:

a. Overtook and passed Plaintiff's bicycle without leaving a safe distance of not less than 3 feet;

b. Failed to keep a proper and sufficient lookout for bicyclists;

c. Turned left or right across Plaintiff's path of travel when it was unsafe to do so;

d. Opened, or permitted to be opened, a vehicle door into Plaintiff's path of travel when it was not reasonably safe to do so;

e. Failed to yield the right-of-way to Plaintiff;

f. Operated the vehicle at a speed greater than was reasonable and proper under the conditions;

g. Operated the vehicle while distracted or inattentive; and/or

h. Otherwise carelessly and negligently operated the vehicle.

17. As a direct and proximate result of one or more of the foregoing negligent acts or omissions, the Collision occurred and Plaintiff sustained the injuries and damages described herein.

V. COUNT II — STATUTORY VIOLATION (PRIMA FACIE EVIDENCE OF NEGLIGENCE)

(Against Defendant Driver)

18. Plaintiff realleges and incorporates by reference paragraphs 1 through 17 as though fully set forth herein.

19. At the time of the Collision, Defendant Driver violated one or more provisions of the Illinois Vehicle Code enacted for the protection of persons such as Plaintiff, including but not limited to:

• 625 ILCS 5/11-1502 (Traffic laws apply to persons riding bicycles): a person riding a bicycle upon a highway "shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle" by the Code, except as to special bicycle regulations and provisions which by their nature can have no application — Plaintiff was therefore entitled to the right-of-way and protections of a vehicle operator;
• 625 ILCS 5/11-703(d) (Overtaking on the left): "The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.";
• 625 ILCS 5/11-1407 (Opening and closing vehicle doors): "No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic . . ." (the "dooring" prohibition);
• 625 ILCS 5/11-1003.1 (Drivers to exercise due care): "every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person operating a bicycle . . . and shall give warning by sounding the horn when necessary";
• 625 ILCS 5/11-601 (Speed Restrictions); and/or
• [OTHER APPLICABLE PROVISION — e.g., right-of-way / turning statutes under 625 ILCS 5/11-901 et seq.; verify exact section].

20. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those statutes were designed to prevent.

21. Defendant Driver's violation of these statutes is prima facie evidence of negligence under Illinois law and was a proximate cause of Plaintiff's injuries and damages.

VI. COUNT III — RESPONDEAT SUPERIOR / NEGLIGENT ENTRUSTMENT

(Against Defendant Owner)

22. Plaintiff realleges and incorporates by reference paragraphs 1 through 21 as though fully set forth herein.

23. To the extent Defendant Driver operated the vehicle within the course and scope of employment or agency with Defendant Owner, Defendant Owner is vicariously liable under the doctrine of respondeat superior for Defendant Driver's negligence.

24. In the alternative, Defendant Owner negligently entrusted the vehicle to Defendant Driver with actual or constructive knowledge that Defendant Driver was incompetent, unfit, reckless, or otherwise unsafe to operate the vehicle, and such negligent entrustment was a proximate cause of Plaintiff's injuries and damages.

VII. DAMAGES

25. Plaintiff realleges and incorporates by reference paragraphs 1 through 24 as though fully set forth herein.

26. Economic Damages. As a direct and proximate result of Defendants' conduct, Plaintiff has incurred and will incur past and future medical and rehabilitation expenses, lost wages and impaired earning capacity, damage to the bicycle and personal effects, and other out-of-pocket losses, in an amount to be proven at trial.

27. Noneconomic Damages. Plaintiff has suffered and will suffer disability and loss of a normal life, physical pain and suffering, emotional distress, disfigurement, and permanent impairment, in an amount to be proven at trial.

28. Plaintiff seeks damages in a sum in excess of $50,000, exclusive of interest and costs, together with costs of suit.

VIII. UNINSURED / UNDERINSURED MOTORIST AND HIT-AND-RUN NOTE

This paragraph is reserved to address any uninsured/underinsured motorist (UM/UIM) claim, including a hit-and-run collision. If applicable, Plaintiff asserts a claim against [UM/UIM CARRIER] under Policy No. [________], alleging that Plaintiff is an insured, that all conditions precedent have been met, and that UM/UIM benefits due and owing remain unpaid.

IX. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants, and each of them, as follows:

A. Awarding compensatory damages, both economic and noneconomic, in an amount in excess of $50,000 to be proven at trial;

B. Awarding costs of suit and statutory interest as allowed by law;

C. Awarding such other and further relief as the Court deems just and proper.

X. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable, pursuant to 735 ILCS 5/2-1105 and article I, § 13 of the Illinois Constitution.

XI. SIGNATURE AND ATTORNEY CERTIFICATION

Pursuant to Illinois Supreme Court Rule 137, the undersigned certifies that to the best of his/her knowledge, information, and belief formed after reasonable inquiry, this Complaint is well grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.

DATED: [__/__/____]

Respectfully submitted,

[________________________________]
[ATTORNEY NAME]
[LAW FIRM NAME]
ARDC No. [________]
[STREET ADDRESS]
[CITY, STATE ZIP]
Telephone: [________]
Email: [________]
Attorney for Plaintiff

XII. SOURCES AND REFERENCES

• 735 ILCS 5/13-202 (Two-year limitation — personal injury) — https://www.ilga.gov/documents/legislation/ilcs/documents/073500050k13-202.htm
• 735 ILCS 5/2-1116 (Modified comparative fault — 51% bar) — https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K2-1116.htm
• 625 ILCS 5/11-1502 (Bicyclist has rights and duties of a vehicle driver) — https://www.ilga.gov/documents/legislation/ilcs/documents/062500050K11-1502.htm
• 625 ILCS 5/11-703(d) (Overtaking bicycle — not less than 3 feet) — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-703
• 625 ILCS 5/11-1407 (Opening and closing vehicle doors — "dooring") — https://codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-11-1407/
• 625 ILCS 5/11-1003.1 (Drivers to exercise due care); 5/11-601 (Speed restrictions); 5/11-1505 (Bicyclist road position)
• 625 ILCS 5/11-901 et seq. (Right-of-way; vehicle turning left must yield)
• 215 ILCS 5/143a, 143a-2 (Uninsured/underinsured motorist coverage)
• Ill. Sup. Ct. R. 137, R. 222 — https://www.illinoiscourts.gov/
• Illinois Pattern Jury Instructions (Civil) — Motor Vehicle; IPI Civil 60.01 (statutory violation as evidence of negligence)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Illinois must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.