Injured While Riding a Bike on a Trail in Illinois?
Illinois features hundreds of miles of recreational trails and pathways. What happens if you're a cyclist or pedestrian injured on the path? Can you sue the government for injuries that occur on a bike path, like the Lakefront Trail, Fox River Trail, or Des Plaines River Trail? When does the government have immunity for these kids of claims? Can you sue other cyclists or pedestrians? Here's what you need to know about cycling on trials, and how Reuland Law, LLC can help if you're injured.
Pedestrian and Bike Accidents
on Trails and Paths
One of the biggest dangers to cycling in Illinois is the other cars on the road. To avoid those dangers, some cyclists take recreational paths and trails instead of riding on the streets packed with cars, trucks and SUVs. But even those paths can be dangerous. Another cyclist, for example, could be negligent and cause an injury. If that’s the case, then the injured cyclist has a valid legal claim against the other cyclist and Reuland Law can help.
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But what happens if a cycling crash is caused by the trail conditions? What if a massive pothole causes a crash? What if overgrowth or a downed tree creates a hazard on the bike pathway? The law becomes a little more complicated in those situations for cyclists and pedestrians alike.
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If you've been injured while riding on a bike path, recreational trail, or mixed-use path, you may be wondering if you can sue the park district, city, county, or other government agency responsible for maintaining the trail. This page breaks down the key legal distinctions and the laws that affect your right to compensation. If you’ve been injured and have specific questions about how the law might impact your particular situation, you can speak with an attorney at Reuland Law during a free and confidential consultation by contacting our office.
Can you Sue the Government for a Bike Path Injury?
The answer depends on where and how the injury occurred. In Illinois, the law treats different types of bike paths and trails differently. Understanding how Illinois law classifies these paths is critical to determining whether you can bring a successful claim.
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The Illinois Tort Immunity Act and How It Can Apply to Cyclists
The Illinois Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/) protects government entities—such as park districts, counties, and municipalities—from lawsuits in many situations. Two sections of this law are especially important in bike accident cases, Section 3-106 and Section 3-107.
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Section 3-106 (745 ILCS 10/3-106) provides limited immunity for injuries that occur on public property intended for recreational use (such as parks and paved bike paths). A government body can only be held liable if it acted with willful and wanton misconduct.
Here’s what the law says:
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Sec. 3-106. Neither a local public entity nor a public employee is liable for an injury where the liability is based on the existence of a condition of any public property intended or permitted to be used for recreational purposes, including but not limited to parks, playgrounds, open areas, buildings or other enclosed recreational facilities, unless such local entity or public employee is guilty of willful and wanton conduct proximately causing such injury.
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Section 3-107 (745 ILCS 10/3-107) provides a higher level of immunity for different types of paths. Section 3-107 provides immunity for injuries caused by the condition of a "riding trail" or "hiking trail," whether paved or unpaved. If your injury occurred on a trail covered by this section, you typically cannot sue, even if the government was negligent. In other words, the immunity is absolute. Here’s what Section 3-107 says:
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Sec. 3-107. Neither a local public entity nor a public employee is liable for an injury caused by a condition of: (a) Any road which provides access to fishing, hunting, or primitive camping, recreational, or scenic areas and which is not a (1) city, town or village street (2) county, state or federal highway or (3) a township or other road district highway. (b) Any hiking, riding, fishing or hunting trail.
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Finally, Section 3-109 addresses “hazardous activities” and provides for strong immunity that prevents cyclists from suing governmental entities for injuries. The law considers bicycle racing, bicycle jumping, and off-trail bicycling all as hazardous activities. There are some rare exceptions to holding governments liable for injuries that occur during hazardous activities, so it’s wise to contact Reuland Law to discuss the particulars of how injuries occurred.
What Should Cyclists Do When Injured on a Trail?
If you’ve been injured while cycling on a trail or bike path:
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Document the scene – Take photos of the condition that caused your injury.
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Get medical attention – Talk to a doctor who can help.
Report the injury – Notify the city, park district, or agency that maintains the trail.
Contact an experienced personal injury attorney – Timing is critical in cases against government entites and the time to bring a lawsuit might be shorter than you think.
Real Cases Involving Bike and Pedestrian Injuries
There are countless Illinois cases that help illustrate how courts apply the Tort Immunity Act to bike path injury claims. Below is an abbreviated description of some of those cases. If you'd like to learn more about any of these cases, please reach out to our office.
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Murphy v. Springfield Park District. In this case from 2019, a cyclist was injured on the Interurban Trail managed by the Springfield Park District. The case could not proceed because the plaintiff failed to show notice of a dangerous condition and there was no evidence the park district acted with willful or wanton conduct. Limited immunity under Section 3‑106 applied.
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Cohen v. Chicago Park District. This Illinois Supreme Court Case from 2017 involved Chicago’s Lakefront Trail. A cyclist was injured when his wheel fell into a big crack. The court held the trail was recreational property (triggering Section 3-106 discussed above), not a road under Section 3-107(a). Because there was no willful and wanton conduct shown by the Chicago Park District, the District was immune.
Corbett v. County of Lake. The Illinois Supreme Court held in 2017 that a paved shared-use bike path in Highland Park (Skokie Valley Bike Path) was not a “riding trail” under Section 3‑107(b) which applied to “primitive or rustic trails,” but a recreational path instead that had long, paved pathways designed for cyclists, pedestrians, skaters, and others. Section 3‑106 still applied. That meant the county could still be liable if a cyclist proved willful and wanton conduct, a high standard.
Colella v. Lombard Park District. In this 2017 case, a piece of rebar sticking out of a railroad tie injured a woman using a path in Westmore Woods. The plaintiff argued that an unnatural protrusion of rebar was not a “condition” of the trial that the Tort Immunity Act intended to address. The court disagreed and concluded that the defendant was immune even from unnatural or manmade conditions left or added to the trial.
Foust v. Forest Preserve District of Cook County. This 2016 case involved a forest preserve trail accident. The court addressed whether a tree limb that falls onto a path is a “condition of the path” or something else for the purposes of immunity. The court decided that immunity under the Tort Immunity Act must be strictly construed and that Section 3‑106’s limited immunity applied. The court still left room for a case if the forest preserve’s conduct was willful or wanton.
Call a Bike Injury Attorney Who Knows Illinois Law
Bicycle accident claims involving public bike paths and trails are complex. At our firm, we know how to navigate the Illinois Tort Immunity Act and build strong cases for injured cyclists. If you or a loved one has suffered an injury on a bike path, contact us for a free consultation.
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