Articles Posted in Bicycle Accidents

Our personal injury law firm litigates a fair number of bicycle injury cases.  In some cases the opposing party argues that the bicyclist was negligent because the bicyclist wore dark clothes, which made the biker difficult to spot.  The Illinois Rules of the Road caution bicyclists to “Be Visible” and the color of the clothes often becomes part of the litigation.

The law asks what a reasonable bicyclist would do and a reasonable bicyclist follows the rules.  Therefore, it is fair to argue that a reasonable bicyclist will ensure that they are visible.

Safety research shows that clothes that are bright or fluorescent and reflective increase safety.  For example, according to OSHA, workers who are exposed to vehicular traffic or are working in low-light conditions should wear high-visibility clothing that meets ANSI/ISEA 107-2015 standards. The standards outline the requirements for design, color, and reflectivity of high-visibility clothing, including vests, jackets, and other garments. While OSHA regulations do not apply to bicyclists, it is still recommended for cyclists to wear clothing in bright or fluorescent colors for increased visibility and safety. The use of exciter colors for biking in combination with reflective materials can provide an even higher level of visibility, especially in low-light conditions. Wearing appropriately visible clothing improves biking in a number of ways:

• Increased Visibility: Wearing bright and exciter colors can make cyclists more visible to drivers and other road users, especially in low-light conditions or during inclement weather. This can reduce the risk of accidents as drivers are more likely to see the cyclist and respond appropriately.
• Improved Safety: Fluorescent colors are highly reflective, which means they can be seen from a greater distance. This can give cyclists an added margin of safety, especially when riding in traffic or on busy roads.
• Improved Awareness: By wearing bright and exciter colors, cyclists can attract the attention of other road users and make them aware of their presence. This can help reduce the risk of accidents, as drivers and pedestrians are more likely to anticipate the movements of the cyclist and respond accordingly.
• Better Identification: Wearing bright clothing can help identify the cyclist as a person on a bike, making it easier for drivers to distinguish between cyclists and other road users, such as pedestrians or runners;
• Improved Confidence: When a cyclist is more visible and feels more visible, they can ride with more confidence, which can reduce stress and help them enjoy their ride.

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The Chicago bicycle lawyers note that by the end of this year Chicago will have added more than 125 miles of new bike lanes and paths since 2020, creating a bike system with more than 400 miles. By the end of 2024 that number is expected to rise to a total of 500 miles. As the number of new bike lane miles has increased in Chicago and has generally been seen as a positive thing for city transportation, the issue of protecting bicyclist using those bike lanes has grown with the increase of lanes. Through the years many bike advocates have voiced their concern with the safety of bicyclist and have called for more protected bike lanes.

As part of a plan to give cyclist more protection Chicago has announced and initiated an infrastructural plan to protect bike lanes by implementing concrete curbs that act as a barrier from traffic lanes. The city looks to add 25 miles of protected bike lanes by upgrading 15 miles of current protected bike lanes and adding 10 new additional miles of protected bike lanes. By the end of this year the city will have hoped to have 70% of protected bike lanes be guarded by curb barriers.

Even as the city waits for the development and completion of concrete protected bike lanes, Chicago saw further fatalities this past summer, with at least two of those accidents involving children riding in the bike lane. A common issue in these types of accidents is when a vehicle is illegally parked in the bike lane which forces a bicyclist to have to go around the parked vehicle into a lane of traffic, thereby endangering the bicyclist.

A newly passed ordinance looks to address this problem and make it easier to enforce bike lane safety through the issuance of tickets to vehicles parked in bike lanes, increasing the fines for such tickets, increasing the number of agencies who can issue tickets, and requiring signs that warn of a closed bike lane. These measures for the time being, are a good step in the right direction, to ensure that bicyclists are safe when riding, until concrete curbed bike lanes are completed.

Still, many doubt the effectiveness of more efficient and expansive ticketing the ordinance brings since many vehicle operators have not been Continue reading

On May 18^th, Chicagoans joined cyclists worldwide in the Ride of Silence to honor those who have been killed in bike crashes. In 2021 and 2022, at least eleven cyclists have been killed locally, including notable figures such as School of Rock star Kevin Clark and architect Helmut Jahn. Cycling-related deaths have been getting more attention lately, and not just because of the fame of some victims. The problem is getting worse, with a spike in deaths over the past few years. It is also increasingly being viewed as an avoidable problem, one that could be mitigated with infrastructural changes that protect cyclists.

Groups like the Active Transportation Alliance are pushing for things like protected bike lanes to be expanded so that cyclists are less vulnerable to vehicles on city streets. Specifically, they are asking for more safety measures on the busiest of cycling streets, such as Milwaukee Avenue, where accidents are more frequent. Advocates highlight the urgency of such measures by pointing to the growth in cycling and the expansion of services like Divvy bikes. More bicycles on the road means more accidents, some of them fatal, if cities do not take extra precautions. Continue reading

The Navy Pier Flyover in Chicago is finally open after 7 years and a cost of $64 million dollars.  The flyover is 1,750 foot long  and 16 foot wide.  It starts from Ohio Street Beach and continues to the south side of the Chicago River.  Peter Zneimer, of the injury lawyers of Zneimer & Zneimer P.C. notes after riding his bike on the flyover that even with the addition width and space the flyover is still very congested with pedestrians, cycle rickshaws, skaters, baby carriages of people who are from Chicago and tourists visiting from out of town.  Given the nature of the area one would think that bicyclists would proceed slowly and with caution in this area.  While most bicyclists recognize the high potential for crashes and injury and proceed with due care and caution, there are a fair number of bicyclist who blast through the area at full speed, weaving in and out around pedestrians and and other bicyclists.  This type of behavior is a recipe for disaster. Serious injury to pedestrians and bicyclist are certain to be the result of such reckless behavior.  The city of Chicago could do more to be pro-active in getting bicyclists to slow down such as posting more signs to slow down and having traffic monitors to tell dare devil bikers to be more responsible.

The long-awaited Navy Pier Flyover project is still in the offing, but a portion of one of the most hazardous areas of the Lakefront trail has gotten a face-lift. In February, the Chicago Department of Transportation announced that the path on the East side of the lower Lake Shore Drive bridge will now be expanded. This new path will accommodate northbound cyclists and pedestrians, and portions of it will run through the bridge houses.

Prior to this expansion, the trail narrowed to a small, poorly marked lane under the bridge. All trail-users precariously shared this space, with cars whizzing closely by, but the additions will allow people to pass over the river more safely on their rides or runs. Indeed, the whole Flyover project is intended to avoid such problem areas and should make for a much more enjoyable, trail experience when it is finished.

Improvements like this reduce the risk of collision and injury, but no matter how wide the lane, or well-designed the path, it always remains a possibility. Make sure to exercise caution when walking, running, or cycling, especially now that warmer weather is finally upon us and more people are out shaking off their quarantine cobwebs.    The injury lawyers of  Zneimer & Zneimer, P.C.  encourage bicyclists to be extra careful as go out for a ride. Enjoy the new-and-improved bridge path, but still wear your helmet and stay aware of your surroundings.

A new transportation trend is popping up in cities around the world. E-scooters are considered viable alternatives to other, less environmentally conscious ways to get around town. But the attorneys of Zneimer & Zneimer, P.C., want to know how these scooters are being embraced by city-dwellers and visitors alike. Chicago created an e-Scooter Pilot Program, which gave permits to ten companies to test the viability of e-scooters as a mobility option and “was designed to maximize safety and minimize sidewalk clutter” within its city limits.[i] The pilot program lasted from June 15, 2019 to October 15, 2019 and reported over 800,000 rides.[ii] The city released an evaluation report to determine the impact of emerging scooter technologies on communities, the safety of residents and riders, and on existing transportation. The report showed that “nearly half of the scooter rides started or ended near public transit with the survey confirming 34 percent of riders used the scooters to connect to public transit.”[iii] Scooters are not only a convenient means of transportation, but they are also better for the environment. In fact, “[i]n the four-month pilot period, the e-scooters eliminated approximately 300,000 miles of vehicle travel, equivalent to approximately 116 tons of CO2.”[iv] Yet, e-scooters are not completely carbon neutral. North Carolina State University conducted a study that found each e-scooter contributes 50 to 200g of CO₂ per mile.[v] While e-scooters are helping Chicago reduce its carbon emissions, more work needs to be done if the city wants to reach its goal to be carbon neutral by 2050.

The E-Scooter Pilot Evaluation also brought other issues to light, including accessibility and durability of the E-scooters. The executive summary from Chicago’s Business Affairs & Consumer Protection and Department of Transportation states, “Ridership was geographically concentrated in areas with a high density of other options such as Divvy, bus and rail, rather than in areas with fewer options. Analysis of the data also indicates that the jury is still out on whether e-scooters connect riders to public transit or replace private car or ride-hailing trips. More work also needs to be done to lower the environmental impact of the short life cycle of e-scooters.”[vi] E-scooters, while praised for their environmental sustainability benefits, need to be more sustainable in their design. NC State University also looked into this issue in its study, which found that a scooter’s life cycle produced emissions even before it hits the street. These emissions derive from “the production of the materials, like the lithium-ion battery and aluminum parts; the manufacturing process; shipping the scooter from its country of origin (mainly China) to its city of use; and collecting, charging, and redistributing scooters as part of the dockless service.”[vii] As e-scooters become more technologically developed, these durability concerns should diminish.

Chicago is a “Leadership City” in the American Cities Climate Challenge, a program designed by Bloomberg Philanthropies to reduce carbon pollution and deepen public support for a sustainable future.[viii] As a participant of the program, Chicago has pledged to reduce carbon emissions, including implementing changes within the city’s transportation and building sectors, and e-scooters seem to be helping. The city has recommended a second e-scooter pilot program to launch in 2020, where it can “implement lessons learned and test new solutions with a goal of identifying ways to expand access to safe, reliable and equitable mobility options for Chicago residents.”[ix]