Chicago Accident Lawyer Blog

Chicago has recently opened its first protected bicycle lane on a short stretch of Kinzie Street at Clinton Street and Canal Street but unfortunately bicyclists can not as of yet call this short stretch of protected bike lane their own. As Chicago injury lawyer Peter A. Zneimer drove past this short section on Wednesday morning he observed a taxi cab parked squarely in the protected bike lane waiting at the front door on the apartment building located at Clifton Street and Kinzie Street in Chicago impeding all the bicyclists that were headed to work on the bike lane. A couple bicyclists were knocking on the taxi drivers window pointing out that he was blocking the bike lane but he did not appear inclined to move. This individual might have benefited from an instructive traffic ticket at the least. For bicycle lanes and protected bike lanes to work to prevent bicyclist injuries there has to be police enforcement to keep drivers out of the bike lanes otherwise there is no point to bike lanes.

Chicago's Active Transportation Alliance has launched The Neighborhood Bikeways Campaign which seeks a 100 mile network of protected bikeways in Chicago by 2015. A small section of protected bike lane has just been opened on W. Kinzie St. near downtown Chicago. Such protected bikeways have shown to decrease bike accidents in other cities such as Portland, Oregon and Quebec, Canada where they have been introduced. On one New York street where a protected bike lane was introduced bike accidents were reduced 30% while bike traffic rose 40%. The Chicago personal injury lawyers of Zneimer & Zneimer are aware of how dangerous the streets of Chicago are for bicyclist by the number of bicycle injury cases we handle. If Chicago were to introduce a comprehensive network of protected bike lanes, not only would bike injuries in Chicago be reduced but many more people would use their bikes instead of driving which would relieve congestion on the roads and reduce auto emissions into the air.

Governor Quinn announced on Monday that the Illinois Department Of Transportation (IDOT) will now be collecting information on dooring of bicyclist. Dooring occurs when someone in a parked vehicle opens his or her door into the path of a bicyclist who then runs into the door and is thrown off their bike. Quinn's office said that the goal is to see if anything more can be done by the state to protect bicyclists. Local police departments across the state will begin tracking dooring accidents and report back to the state so that the data can be included in Illinois traffic accident statistics. The Chicago injury attorneys of Zneimer & Zneimer note that a large percentage of the bicycle injury cases they handle involve dooring accidents. These accidents are especially dangerous because of the risk that the doored bicyclist will be knocked off his or her bike and be thrown into moving traffic and then get run over by a car, truck or bus.

The Chicago cyclist advocacy group Active Transportation Alliance has declared dooring accidents "the most prevalent threat to on-street cyclists". Dooring occurs when a person parks their car and opens the driver side car door without looking right into the path of a bicyclist. The bicyclist goes down hard onto the street. The Chicago bicyclist lawyers of Zneimer and Zneimer have found that more than half of their bicycle injury cases are caused this way. Chicago bicyclist are especially at risk because even where there are painted bike lanes on the street, the bike lanes run parallel to parked cars. More progressive cities such as Portland, Oregon and Amsterdam, Netherlands have bike lanes that are separated from moving traffic and car doors. In Chicago, the bicyclists are right out in traffic, riding as close as possible to parked cars to avoid getting hit by moving cars. The risk to Chicago bicyclists is not only will they fall down hard on to the pavement but there is even a more serious risk that the cyclist will be knocked off their bike and thrown in front of moving traffic and get run over by a car, truck or bus.

Jon Hilkevitch of the Chicago Tribune recently wrote an article regarding biking in Chicago where he pointed out that even though dooring is one of the greatest hazards to bicyclists, these types of accidents are not tracked by the Illinois Department of Transportation (IDOT)

The only safe solution to this problem are separated, protected bike lanes not just painted lines on the street.

Mayor elect of Chicago Rahm Emanuel has stated that he will prioritize the construction of protected bike lanes for certain Chicago streets. As Chicago injury lawyers, the law firm of Zneimer & Zneimer has handled many cases for bicyclists who were hit by cars or by car doors opening while riding in the painted bike lanes. In short, painted bike lanes offer little or no protection for bicyclists. Some cities such as Portland, Oregon and Montreal, Canada offer extensive networks of protected bike lanes rather than just a simple line demarcating a dedicated lane on the street. Protected bike lanes are different from dedicated bike lanes because they use a buffer such as parked cars, a raised curb or flower planters to separate bicycle traffic from automobile traffic.

A new study conducted by the Harvard School of Public Health confirms that protected bike lanes are safer. Researchers studied nine years of crash report data from Montreal's extensive network of protected bike lanes and found that injuries were 28 percent lower on protected bike lanes than on comparable roads without protected bike lanes.

Protected bike lanes would make sense in Chicago, especially for the the streets that have a high volume of bicyclists commuting to work downtown in the morning. If there were protected bike lanes on these routes, bike traffic would certainly increase substantially.

Rahm Emanuel states on his web site that he supports full implementation of Chicago's Bike Plan. Emanuel wants to increase the number of bike lane miles added each year in Chicago from 8 miles to 25 miles. Additionally, Rahm states that he will prioritize the creation of protected bike lanes. Following the example of cities like Portland, Oregon, Chicago would create protected bike lanes which are separated from traveling cars and sit between the sidewalk and a row of parked cars that shield bicyclists from street traffic. As Chicago personal injury lawyers, the law firm of Zneimer & Zneimer has handled many cases for bicyclists hit by motorists on the city streets of Chicago. Chicago streets, even when they have bike lanes are not yet safe for bicyclists. Motorists still feel free to drive and park in bike lanes and the bike lanes disappear when they reach an intersection. Having protected bike lanes is the best way to make biking safer in Chicago. I have ridden a bicycle in the protected bike lanes in Portland, Oregon and I felt way safer than biking on the mean streets of Chicago.

Another exciting idea proposed by Emanuel would be to complete the Bloomingdale Trail which would be a 2.65 mile multi-use recreational trail built along the old unused rail line along the Bloomingdale Avenue on the northwest side of Chicago. The tracks will be converted into a safe greenway that accommodates pedestrians and bicyclists.

The Trail will be the world's longest elevated trail, according to Emanuel's web site, and it will allow thousands of Chicago residents to commute to work. The cost is estimated at $75 million and would be shared by local, federal, corporate and non-profit partners. Additionally, Rahm is committed to having the trail up and running during his first term.

As of January 1st, 2011, Illinois drivers face tough penalties for crowding and tailgating a bicyclist. A driver who seriously hurts a bicyclist could face two to five years in prison and fines up to $25,000.00. As a Chicago personal injury attorney and an avid bicyclist, I appreciate how dangerous it is to bike in the city of Chicago, even without motorists tailgating and driving too close to bikers. The summer of 2010 also brought biker horror stories of drivers in a rage intentionally driving close to bikers and in some cases intentionally ramming them. The new law is a first step in protecting bikers. What is really needed however are separate bike lanes for bicyclists that motorists cannot drive in like they have in cities like Portland, Oregon. I have seen even police cars drive in the bike lanes that Chicago has painted along side the road, along with taxi cabs and every other motor vehicle, creating many opportunities for collisions with bicyclists. When there is a collision between a bicyclist and a motorist, it is never a real contest, the bicyclist always loses.

In a consolidated case that involved six drivers that drove cars that were insured by Founders Insurance or Safeway Insurance, the issue was whether Founders and Safeway should pay for injuries caused by a driver that drove the car without a license. Founders and Safeway argued that they did not have to pay because their policy excluded drivers who do not have a drivers license. Five of the drivers had no license, while the sixth driver had a suspended license.

The Founders insurance policy had several exclusions to its liability coverage. One of the exclusion stated that coverage does not apply “to bodily injury or property damage arising out of the use by any person of a vehicle without a reasonable belief that the person is entitled to do so." Founders argued that a person without a drivers license or a person with a suspended drivers license cannot have a reasonable belief that they are entitled to use the vehicle.

The Safeway insurance policy had a similar exclusion. The policy excluded any person "operating an automobile without a reasonable belief that he or she is entitled to do so.”

In the case of Founders Ins. Co. v. Munoz, 237 Ill.2d 424 (2010), the Illinois Supreme Court agreed. The Court stated "The policy provision at issue here precludes liability coverage when the person using or operating the vehicle does not have a “reasonable belief” that he or she is “entitled” to do so. Based on this language, Founders and Safeway argue that a person who has not been issued a driver’s license, or whose license has been suspended or revoked, cannot have a reasonable belief that he or she is entitled to drive merely because he or she owns the vehicle or was granted permission to use the vehicle..."

***
The court began with the language of the policy and, in particular, the word “entitled." The court looked up the word in a dictionary for its plain meaning and noted,

"Under both policies, an “insured person” includes the named insured and any person using the owned vehicle with the permission of the named insured. As Founders and Safeway note, unless the person qualifies as an “insured person,” the coverage exclusions never come into play because the person is not covered by the policy in the first instance. This means that the term “entitled,” as used in the subject exclusion, cannot refer to entitlement based on permission or ownership because the issue of whether the person using the vehicle has a reasonable belief that he or she is entitled to do so only arises after issues of permission or ownership have been satisfied."

"The question remains whether the “average, ordinary, normal, reasonable person” for whom these policies were written ... would understand that the exclusion applies to unlicensed drivers. We agree with Founders and Safeway that the answer is “yes.” Illinois law with respect to driving privileges is clear. With limited exceptions not relevant here, no person shall drive a motor vehicle in this state unless such person has a “valid license.” 625 ILCS 5/6-101(a), (b) (West 2008). A person driving on a revoked or suspended license is guilty of a Class A misdemeanor. 625 ILCS 5/6-303(a) (West 2008). Irrespective of whether a person owns the vehicle, or is a permissive user, without a valid license, a person cannot have a reasonable belief that he or she is entitled to drive in this state. Without a valid license, a person has not been given the “right” to drive; has not been “qualified” to drive; has not been “furnished with proper grounds” for doing so..... Accordingly, each of the six drivers at issue here, who either never obtained a license or whose license was suspended, could not, as a matter of law, have a reasonable belief that he was entitled to drive simply because he owned the car or was given the keys."
***

The decision of the Illinois Supreme Court will leave many accident victims without compensation for their injuries, if the driver that caused the accident had no license or had a suspended license and had an insurance with a similar exclusion. There are insurance companies that sell insurance policies to persons who do not have drivers license. It is essential to review the provisions of your policy for any exclusions to protect yourself and others on the road.

While we do not dispute the Illinois Supreme Court's observation that a person without a license is violating the law by driving, the reality is that many people drive without a license because they are undocumented This decision will leave taxpayers to pick up the tab for medical expenses for injured victims. We urge the legislators to act to prevent this from happening.

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 left cross

This is a common Chicago bicycle accident ,especially at the 6 corner intersections. Bicyclists do not register for some motorists in Chicago, and the motorist will proceed to make their left turn at an intersection directly into the path of a bicyclist. Perhaps this is because they are only looking for other motor vehicles and forget about the fact that bicyclists are also using the roadways. The way to avoid this accident is to enter intersections slowly and to never assume that the left turning motorist sees you on your bike. It is also a good idea to try to make eye contact with any driver ready to make a left turn to determine if the driver sees you or not. The Chicago personal injury lawyers of Zneimer & Zneimer P.C. has handled of number of these cases and from experience it appears that most of these accidents happen at high congestion intersections like Western & Diversey in Chicago or at Western and Logan Blvd. in Chicago.
All a bicyclist can do at these intersections is to exercise extreme caution and even stop and walk the bike across the intersection if the intersection appears too congested and dangerous.

The rear end

This one occurs when the bicyclist gets rammed from behind while riding along the left side of the roadway close to the parked cars. The main culprit of this type of accident is usually a distracted motorist. In one case that the Chicago personal injury lawyers of Zneimer & Zneimer P.C. handled this summer, a motorist who was a student at Lane Tech High School admitted that she had dropped her cell phone on the floor of her car and was looking for it on the floor when she rear ended our client who was riding his bicycle northbound on Western near Addison in Chicago at the time. Frankly, there really is not any way for a bicyclist to avoid this type of accident other than ride on the sidewalk.

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.