Chicago Accident Lawyer Blog

According to bicyclinginfo.org 716 people in the USA were killed and 52,000 suffered personal injuries in collisions involving a bike against a motor vehicle in 2008. The website bicyclesafe.com identified common situations that cause personal injuries to bicyclists. The most common ones our Chicago personal injury firm has encountered are:

The right cross

This is the situation where a motor vehicle is pulling out from a side street, private driveway or alleyway from the bicyclists right side. The driver is looking for cars and often pulls up into the path of the bicyclist. This situation is especially common in Chicago since many alleyway exits have cars parked right up to the the exit to the alleyway so that cars exiting the alleyway have very poor visibility of bikes on the roadway. Ways to avoid this type of collision include using a head light, slowing down before exits and trying to make eye contact with the motorist to determine if the motorist has seen you or not.

The door prize

This one is also very common in Chicago since most of the so called "bike routes" run parallel to parked cars. Many people do not even think to look before opening their car door in to the path of the painted bike route. The only way to avoid this one is try to ride farther to the left which puts the bicyclist closer to moving traffic which is more dangerous or to look for people who are sitting in their cars parked and who may be getting ready to exit their cars.

The right hook

This is a common one for bicyclists riding on Chicago bike routes. A motorist passes the bicyclist on the left then makes a right turn across the bike route right in front of the bicyclist. All a bicyclist can do to avoid this maneuver is to watch for right turn signals. TO BE CONTINUED

Chicago is trying to be a bicycle friendly city, and yet sharing the city streets with automobiles is full of hazards, even for experienced bikers. Danger to bikers lurks everywhere: from moving traffic, from careless drivers who open the doors of their parked cars without looking out for bikers, from dangerous pavements and obstacles on the road. It is time to review some safety tips that will help in avoiding bicycle accidents:

First, wear a helmet to protect your brain and save your life. Traumatic brain injury is one of the leading causes of death in bicycle accidents.

Make sure that your bicycle is a proper fit. If you need to adjust the seat height and handlebar height, make sure you do so before hitting the road.

Make sure that the bicycle is in good condition and its tires are properly inflated.

Wear bright clothes so that you can be seen. Wear neon, fluorescent, loud and obnoxious colors. You want to be seen. Keep in mind that just because you see a driver, does not mean that the driver can see you.

Watch for road hazards such as potholes, loose gravel, broken glass, puddles.

Try not to ride in the dark. Darkness is far more dangerous for bikers than daylight because you are harder to see. If you have to ride at night, make sure you can be seen and that your bike has reflectors.

Obey the rules of the road. Many bicycle-related crashes resulting in injury or death are caused by bicyclist’s behavior, including not wearing a bicycle helmet, riding into a street without stopping, turning left or swerving into traffic that is coming from behind, running a stop sign, and riding the wrong way in traffic.

If you have suffered a bicycle-related injury, call the Chicago personal injury attorneys for a free consultation.

Today a bicyclist hit another bicyclist near the Walgreen's at Peterson and Western in Chicago. One of the bicyclists was coming out of Walgreen's when the second bicyclist, who was driving on the sidewalk, t-boned the first bicyclist. The collision resulted in seriously twisted tires and a sprained ankle. The personal injuries in this case were minor, but the front bicycle tires will need to be changed.

It is very important for bicyclists to realize that the rules of the road apply to them. They can cause personal injuries just like automobiles. Although there is no bicycle liability insurance, their general homeowners liability insurance will cover negligent acts that they commit. Although bicycle injuries caused by a collision with another bicycle are rare, they may have serious consequences and victims of personal injuries, including injuries to pedestrians.

The Chicago bicycle injuries attorneys have handled numerous cases that involve bicycle vs. bicycle collision or bicycle vs. pedestrian collision. With the nice weather and expensive gas, there are more bicyclists on the road and the sidewalk than ever. We urge all bicyclists to be careful when they drive. Download our Free Bicycle Safety Brochure.

Illinois Governor Quinn signed legislation in a Chicago bicycle shop that is intended to make bicycling safer on Illinois roadways. The law creates penalties for motorists who drive recklessly or unnecessarily close to bicyclists. The governor also sign legislation that will create share the road license plates that will fund an education campaign regarding sharing the road with bicyclist. Hopefully, the legislation will encourage drivers in Chicago to keep a safe distance to avoid accidents and injuries to bicyclists.

Two Chicago men plead guilty to taking turns running down bicyclists in Brookfiled on May 31, 2009. Erik Fabian, 20, and Armando Reza, 18, were out driving when Reza bet Fabian that he wouldn't hit a bicyclist. Fabian then proceeded to run into bicyclist David Silivis, knocking him to the ground causing scrape injuries. The two laughed about the incident and switched places driving. Reza then proceeded to run into a bicyclist named Juan Gamboa, knocking him to the ground.

Surprisingly, even though they both plead guilty to aggravated battery with a deadly weapon and leaving the scene of an accident, Fabian got only probation and Reza got only 10 days in jail.

Given the fact that the bicyclists could have easily been seriously injured or killed the sentences seem too light. Bicyclists have enough to worry about without having crazy morons purposely trying to run them down.

As a frequent bike rider on the Chicago Lakefront "bike" path, I can attest that bicyclist injuries are common on the bike path. So are walkers, runners and bladers injuries. The scene is chaotic. Bikers, bladers, runners and walkers are all using the path along the beach. Some parents set up camp with their children on the street side of the path so kids are regularly running across the path. On top of all this some bikers and bladers go insanely fast given the conditions. Add to this, some parents along the Chicago bike path seem to have a death wish for their children and bring their young bicycle beginners to learn to ride among the chaos. I have seen more bloody injuries on the bike path then any where else. I have also seen the aftermath of a fatal bike-blader crash.

Common sense dictates that bladers and bikers need to go very slow when riding along the crowded beaches. Additionally, parents need to watch their kids and keep them from running across the path without looking. Lastly, a parent has to be crazy to take their beginning biker children to learn to ride on the Chicago lake front bike path. The path is not even safe for experienced adults.

Rob Sadowsky has headed Active Transportation Alliance for six years and has worked to make bicycling safer in Chicago. He has recently accepted a job to head the Bicycle Transportation Alliance in Portland. During his tenure at Active Transportation, Sadowsky has advocated for the city of Chicago and the state of Illinois to adopt a "complete streets" policy which means streets that accommodate not only cars but also bikes and pedestrians. The city of Chicago has adopted the policy and now city engineers are trained to take into account bicyclists and pedestrians when designing new roads.

Sadowsky still sees areas where the city is still lacking. One of the top priorities for the Alliance is to have bike lanes in Chicago physically separate from from the car lanes. This is being done in other United States cities and in Europe. After all, a bicycle is no match for a car and Chicago bicyclist are injured by cars every week, especially in the summer. It is simply not safe to ride ones bike down a busy street like Western Ave. in Chicago, though many people do. Many more people would ride bikes in Chicago if it were safe to do so.

The Illinois House and Senate have passed a law that would help protect Illinois bicyclists and pedestrians being harassed by motorists. Senate Bill 2951 would make it a crime to ride unnecessarily close to, toward or near a bicyclist, pedestrian or a person riding a horse. If the violation results in great bodily harm, the motorist could be charged with a felony. The legislation awaits the Governor's signature to become law.

The law would be especially relevant in Chicago where some motorists seem to be openly hostile to bicyclists. In recent weeks, Chicago bicyclists have been injured by motorists who appear to have intentionally hit the bicyclists with their cars. This law will address situations where motorists are driving close to bicyclists just to harass them.

Various Chicago organizations are sponsoring Chicago bike to work week from June 12 to June 18, 2010. This is a great opportunity for bike riders to come out in force to show that Chicago bicycle riders have the same rights on the road as automobile drivers. Such high profile events can also encourage the police to enforce the law that states that automobile drivers cannot drive or park in the bike lanes. Many Chicago bicycle accidents are caused by cars driving in bike lanes when cars have stopped in front of them. I have personally had a motorist drive directly in back of me while I rode my bike in the bike lane in Chicago. He even beeped his horn when I refused to surrender the bike lane to his car.

Tuesday afternoon, after a yelling match with a bicyclist regarding lane space, a female motorist in Chicago revved her engine and intentionally tried to run over bicyclist Tim Heath with her car at the corner of Milwaukee and Diversey. Four witnesses back up the story of the bicyclist. The car ran over the Chicago bicyclist's foot and leg causing a laceration to his leg. The bicyclist got the driver's license plate number and turned it over to the police. The police made contact with the driver and made arrangements for her to turn herself in. The police have yet to announce what if any charges will be brought. Hopefully, the police will take the case seriously and charge the driver with aggravated battery like she deserves. With the number of bicyclist injured by cars in Chicago, police should make a special effort to protect bicyclist, for example, ticketing motorists who drive in bike lanes to cut around stopped cars. Maybe that way there will be less Chicago bicycle accidents involving cars.

Mary A. Rehn, 67, got 42 days in prison after pleading guilty to aggravated battery for running down a teen bicyclist in downtown Naperville, Illinois. The teen was riding his bike on Washington Street when Rehm came up behind the bicyclist in her car and started honking her horn. Rehm then floored it but the teen was able to jump off his bike before the bike was hit. Rehm then drove off, dragging the teen's bicycle under her car. The teen stated that Rehm acted intentionally and that the crash was not an accident.

A tragic Chicago bicycle accident claimed the life of a young boy on Monday. A 12 year old boy, Kelly Ryan, was struck and killed by a pickup truck driven by Keith Kostush on the Southwest side of Chicago on Monday at 8:25 pm. The boy was headed southbound on Narragansett Avenue when the pickup truck made a right turn into his bicycle. The driver, Keith Kostush, was cited for failing to yield the right of way and negligent driving which led to the bicycle accident. Young children should be advised not to ride their bikes in the street.

Transportation Secretary Ray LaHood announced that that the federal government is going to give bicycling the same importance as automobiles and trucks in planning and selection of federal projects. Secretary LaHood posted on a government blog: "This is the end of favoring motorized transportation at the expense of non-motorized". LaHood's blog recommends, for example, including biking and walking lanes on bridges and clearing snow from bike paths.

LaHood's announcement was praised by biking organizations such as League of American Bicyclists along with local Chicago bicyclist groups.

A 48 year old man was struck and killed as he rode his bicycle across Chicago Avenue at the intersection of Lawler Avenue and Chicago Avenue in Chicago. The accident happened at 4:30 pm. The bicyclist, who was identified as Jerry Simpson, was taken to Mount Sinai Hospital where he was pronounced dead at 5:51 p.m.

The driver of the car, Victoria Fobbs, 26, was cited with negligent driving and failure to reduce speed.

With the nice weather there have been many more bicycle accidents in Chicago. Bicyclists need to be sure to wear their helmets to avoid traumatic head injuries.

Roscoe Village Bikes is selling a bike that was specially build for Chicago bicycle commuters. The bike, called the "Four Star" (like the Chicago flag) comes with Kevlar lined tires that are more puncture resistant and reflective sidewalls that are more visible. The bike also comes with full fenders to prevent mud from being sprayed on to the back of the biker. It comes in a blue and white color scheme.

Another tragic bike accident claims the life of three Chicago teens. The Chicago teens were on a spring bicycle trip 320 miles south of Chicago when an 87 year old driver in a minivan crossed the center line on a rural road and struck the three Chicago girls head on. One of the girls was killed and her two Chicago Lab School friends were seriously injured. Police speculate that the elderly driver may have fallen asleep. The bicycle accident happened at 2 PM on Wednesday.

Under Illinois law drivers over 87 years old must renew their license every and must take both the written and road test.

One of the most common bike accidents that the Chicago law firm of Zneimer & Zneimer handles are car doors being opened in the path of a bicyclist. It is understandable because it is easy to forget to look for bicyclists before getting out of ones car. Even if one is in the habit of looking for bicyclists it is to forget on occasion when one is distracted and thinking of other things. People who are exiting a parked car must try to look for bikes every time they exit. Additionally, it is illegal in Chicago to open ones car door in front of a bicyclist. Chicago Municipal Ordinance 9-80-035 provides: 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 do, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

A 61 year old man was riding his bicycle in Ford Heights near Chicago when he was hit by a driver and left at the side of the rode. The bicycle rider was taken to St. James Hospital in Chicago Heights and then airlifted to Christ Hospital in Oak Lawn where he died, Park Forest news reported. Police gathered evidence at the scene indicating the hit and run vehicle was a 1996 to 2002 Chevy Van.

IDOT has recorded more than 3,810 Illinois bicycle accidents in 2009. In these bicycle accidents, 27 people were fatally injured.

If you are a bike rider in Chicago and frequently use bike lanes on the street you maybe surprised to learn that it is illegal for cars to drive, stand or park in these bike lanes. I say maybe surprised because from what I observe cars drive in the bike lanes all the time in Chicago. Anyway, the law is on the books (Chicago Municipal Code 9-40-060) and reads: "The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand , or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane."

If you are a bike rider and have been hit by a car while riding in a bike lane and are injured, you have a cause of action for money damages against the driver. The law firm of Zneimer & Zneimer P.C. has handled many bicycle injury cases and have obtained good results for our clients.

A Chicago ordinance requires bicycles being ridden at night to have a white head lamp and a rear red reflector. Chicago municipal ordinance 9-52-080 states:

(a) Every bicycle when in use at nighttime shall be equipped with a head lamp which shall emit a white light visible from a minimum distance of 500 feet from the front and with a rear red reflector capable of reflecting the head lamp beams of an approaching motor vehicle back to the operator of such vehicle at distances up to 200 feet or a rear lamp emitting a red light visible from a distance of at least 200 feet from the rear.

The city of Chicago's bike safety ordinance provides for a $150 fine for drivers who endanger Chicago bicyclists in any of the following ways:

1. Driving in a bike lane
2. Parking in a bike lane
3. Turning into a cyclist's path
4. Opening a car door on cyclist
5. Passing within three feet of a cyclist

The fines jump to $500 if the bicyclist is injured. The laws are to encourage drivers to watch out for bicyclists on the road. Bicyclists can also, of course, can make a civil claim for money damages against the negligent driver.

A 22 year old bicyclist was hit by a car and was critically injured in the Chicago neighborhood of Portage Park. The car against bicyclist crash took place at the intersection of Austin and Montrose in Chicago. The motorist was cited for negligent driving for allegedly driving around a stopped vehicle that was faced southbound on Austin and failing to see the bicyclist who was westbound on Montrose. The bicyclist was run over and was admitted to Advocate Masonic Medical Center in critical condition.

Results from an 11 year study of bicycling injuries at a Denver trauma center show that injury rates and length of hospital stays for bicyclists rose over the course of the study, according to an article by Randy Dotings in USA Today.

The study found that chest injuries rose by 15% and abdominal injuries tripled over the last five years. The study also reveals that many bicyclists are still not wearing a helmet when they ride. Significant head injuries were sustained by 33% of the 329 injured cyclists in the study group.

The study was presented during the 2009 Clinical congress of the American College of Surgeons, held Oct. 11 to 15 in Chicago.

The U.S. Consumer Product Safety Commission (CPSC) in cooperation with SRAM LLC, of Chicago, Illinois has announced a voluntary recall of SRAM's 10 Speed Bicycle Chains with PowerLock connector links. According to the CPSC, the recalled PowerLock connector links pose a hazard because they are brittle and can crack, which could allow the chain to separate from the bicycle, and cause an accident.

The recall involves SRAM PowerLock connector links, which are sold individually on 10-speed bicycle chains and as original equipment on some bicycles. The individual Powerlock connectors and bike chains with these connectors were sold from January 2009 through August 2009. Bicycles with the recalled chains were sold from April 2009 through August 2009.

Consumers are urged to immediately stop using the recalled Powerlock connectors, chains and bicycles with these connectors. Consumers can contact their SRAM retailer for a free replacement PowerLock connector link.

A driver that struck and fatally wounded a five year old girl in Chicago on September 6th was ticketed for the bicycle accident. The five year old was riding her bike on Sacramento Ave when she was struck by a 64 year old woman coming out of an alley and passing onto the road. The young girl was taken to Saint Francis Hospital in Evanston and pronounced dead shortly after six o'clock Sunday evening.

The driver was issued two citations. She was cited for not stopping when emerging from an alley and for not providing "due care" for a pedestrian in a roadway. The Chicago Police are big promoters of the idea that "Bikes Belong" according to the Chicago Bicycle Program.

"Due care" is often discussed during bicycle accident cases and personal injury cases in general. It means that the defendant is required to operate a vehicle or truck, etc. with the same "ordinary care" that a reasonable person would do in the same situation. Negligence cases often come down to the reasonableness of the defendant. The police and courts take into account the relative reasonableness of the defendant in making citations or negligence decisions. "Due care" is about responsibility including the responsibility you have when operating a vehicle knowing that there are other cars and bikes and trucks on the road.

Courts do not hold children to the same standard of care as an adult. They are held in a modified standard according to their age and development. The only time children are held to the same standard of care as an adult is if they are participating in an adult activity such as snowmobiling.

It is not known how this bicycle accident case will turn out. The police have found that the defendant did not provide "due care". A reasonable person would have known to stop before emerging onto the roadway and to have been aware of other users of the road. Unfortunately a small child had to die due to that negligence.

On August 20, 2009, a bicyclist was hit by a car on a busy southwest highway at about 3pm. He died later that day at about 8pm. The Chicago cyclist was not wearing a helmet when he was thrown into the windshield of a car and then out onto the pavement. Could this have been avoided?

About 1,000 deaths each year are attributed to bicycle accidents. Three fourths of them are from brain injuries. And besides death, accidents have caused hundreds of brain injuries. One way to prevent this is to wear a helmet. There are lots of lame excuses not to wear one - you'll get hat head, it's too sweaty, it doesn't look cool, etc. - but how lame is it to suffer a permanent brain injury if you don't wear one? Be sure you get one that has been tested and recommended by the American Society for Testing and Materials (ASTM). Make sure the helmet fits right. Be sure that when it is on it can't be moved easily from side to side or back and forth. Be sure it sits level on your head and that when the straps are on it cannot possibly come off your head.
Other things to think about with helmets is to be sure to replace them if the helmet has experienced an impact after a fall, etc. You should also replace it every five years as the foam can become brittle.

Bicycles must obey the same rules of the road as vehicles. This is often where bicyclists have accidents. It is easy for bicyclists to get around in traffic being smaller and more maneuverable. The problem is that this makes a cyclist less predictable for a driver. It is important that bicyclists follow the same rules of the road as cars. This means riding single file to the right side of the road whenever possible and using hand signals to indicate when they are turning or stopping. This communication between cyclist and driver must exist as it does just between cars.

It's important for cyclists to know the rules for bicycles alone. Bicycles are not allowed on expressways, Lakeshore drive and sidewalks (if they are 11 yrs old or older). They cannot go down one way streets the opposite direction and cannot drive against traffic on two way roads. Bike messengers must, by law, wear a helmet and also have other laws they must obey. Violating any of these rules will get a cyclist a $25 ticket. If you don't have ID with you, you will be brought to the police station and held until someone can cover your bond.

Continue reading "Illinois Bicycling Safety" »

A recent article in the Chicago Sun-Times: " Chicago's Lakefront Trail: A path to danger" has pointed out the need for bicyclists to exercise caution when riding on bikepaths and multi-use recreational trails. Statistics show that bicycle collisions happen almost three times as often on paths as on streets. Chicago's Lakefront Trail is one of the busiest multi-use trails in the United States. The trail is used by bicyclists, runners, beach-goers, in-line skaters, sightseers and even Segway riders. The crowded trail can be hazardous to bicyclists.

Other dangers on the Lakefront Trail that bicyclists need to be aware of include intersections where motorists who are entering lakefront parks fail to yield to trail riders, narrow sections of the trail that can become choke points, sharp turns, some of which are difficult to see around, and sand, ice, or snow on the trail. Riders should slow down if they encounter any of these situations.

Bicyclists should wear a helmet every time they ride. Seventy-five percent of all bicycle-related injuries and deaths involve the head, In a crash, helmets can cut the risk of head injury by up to eighty-five percent.

The city of Chicago has launched an aggressive campaign to promote bicycle safety to avoid bicycle accidents and to raise awareness of traffic laws geared to bicyclists. As part of the Safe Streets for Chicago program, alderman in five wards, local Police commanders, parking enforcement aides, and Mayor Daley's Bicycling Ambassadors have partnered to educate motorists and bicyclists regarding old and new city ordinances related to bicycle safety.

Events from May to August will highlight dangerous behaviors that cause injuries to cyclists, such as motorists who park in bike lanes, and motorists who open car doors into a cyclist's path.

Additionally, Chicago law enforcement staff is receiving special training on enforcing new bicycle safety ordinances that were passed in March of 2008. The Chicago Department of Revenue's parking enforcement aides have received special training on enforcing the city's bike lane ordinance, which now carries a $150 fine, up from $100 from last year according to a CDOT press release. All of these activities are aimed at teaching motorists and bicyclists to share the road.

Anyone who drives in Chicago probably has noticed that there are more bicyclists sharing the roadway with automobiles than ever before. Unfortunately, there seem to also be more bicyclist accidents than ever before. One cannot help to be moved by the white painted bicycles that stand as memorials at the sites where bicyclists have been killed in an accident.

Safety measures need to be taken by both bicyclists and car drivers alike to avoid accidents. A few common sense recommendations for bicyclists are:

- Obey traffic rules
- Wear bright clothing and have reflectors on your bike
- Pay close attention to people exiting parked cars and opening their doors in the bike lane (bike riders getting hit by opening car doors and being thrown is the most common cause of bicyclist injuries that I have personally encountered)
- Use lights at night
- Watch for cars making right turns across the bike lane
- Always wear a helmet
- Try to avoid dangerously congested areas

A few automobile driver recommendations are:

- When exiting a parked car, always look to see if any bikes are coming along side the car before opening the car door
- When making a right turn, make sure to look for bicyclists coming on the right side of the car
- Stay as far away from bicyclists in the bike lanes as possible
- Be extra careful when bicyclists are present

Most bicycle accidents probably could be avoided if car drivers were just more alert to the fact that bicyclists are present.

A bicyclist was stuck by a car and killed Thursday evening on Lake shore Drive on the North Side of Chicago. This wrongful death occurred while the man was riding a bicycle in the 3300 block of North Lake Shore Drive at about 5:45 p.m. when he was hit by a car. The man died en route to Advocate Illinois Masonic Medical Center.