The Chicago bike injury lawyers of Zneimer & Zneimer P.C. have handled a number of cases where bicyclists or scooter riders were injured after hitting a defect on the bike path or road way. A recent Illinois Supreme Court decision, Alave v. City of Chicago, highlights a harsh legal reality: even when the City encourages bicycling, it may not be legally responsible for unsafe streets unless the road is officially designated for bike use.
In Alave, the plaintiff, Clark Alave, was seriously injured while riding his own bicycle at night near the intersection of West Leland Avenue and North Western Avenue. As he crossed the street near a Divvy station, his front wheel dropped into a deep pothole hidden in the crosswalk. The fall knocked out teeth, caused facial scarring, and left him with hip and shoulder injuries. He sued the City of Chicago for negligence, alleging that the City knew or should have known about the hazardous road condition.
Alave’s attorneys pointed to the Divvy station located just 100 feet from the crash site, as well as City ordinances that restrict sidewalk riding for adults and treat bicyclists like vehicle drivers on the road. They argued that the City intended for cyclists to ride in that area and therefore had a duty to maintain the street in a safe condition.
The trial court disagreed, and the Illinois Supreme Court ultimately affirmed that decision. The Court found that although Alave was permitted to ride on the street, he was not an intended user under the Illinois Tort Immunity Act because there were no bike lane markings, signage, or other physical indicators that the City designated that particular stretch of road for bicycle use.
The ruling follows the logic of a similar case, Boub v. Township of Wayne, where the Illinois Supreme Court held that a cyclist injured while crossing a township bridge could not recover damages because the road lacked signs or markings showing it was meant for bicycles. In both cases, the Court made clear that even if the City or township allows cyclists to ride, it is not liable for injuries unless the area is clearly intended for that purpose.
The bicycle injury lawyers of Zneimer & Zneimer P.C. have litigated cases where cyclists suffered serious harm because of pot holes, cracks in the pavement, or other defects. We know that many riders use city streets out of necessity, not choice, especially in areas with no designated bike lanes.
These cases make one thing clear: if a cyclist gets hurt on a road without official bike markings, the City may claim immunity—even if it placed a Divvy station nearby or publicly encourages bicycling.
If you have been injured in a bike or scooter crash in Chicago, contact our experienced personal injury lawyers at Zneimer & Zneimer, P.C. . We will thoroughly investigate your injury case to determine if there is any liability.