Articles Posted in Bicycle Accidents

As e-bikes gain popularity in Chicago, questions surrounding their safety in bike lanes alongside traditional bicycles arise. As personal injury attorneys in Chicago, we have seen accidents involving e-bikes increase, particularly when they share bike lanes with traditional bicycles.  Here we will take a closer look at Illinois’ e-bike law and explore the safety concerns that come with e-bike usage in bike lanes, on bicycle paths, and on sidewalks.

E-bikes, or electric bicycles, are equipped with electric motors that assist the rider in pedaling. In an effort to regulate e-bikes and ensure safety for all cyclists, Illinois has introduced a law amending the Illinois Vehicle Code. The law classifies e-bikes into three categories based on their speed and motor assistance capabilities:

  • Class 1 low-speed electric bicycle: Motor assistance only when the rider is pedaling, ceasing assistance at 20 mph.

In personal injury cases and the legal field in general, it is crucial to look for and understand the relevant definitions. This is because the precise meaning of words and phrases can greatly impact the interpretation of laws, statutes, and court decisions. By thoroughly examining and understanding the definitions, the Chicago personal injury attorneys of Zneimer & Zneimer  can make more accurate and persuasive arguments to support our clients’ claims.  For example, not long ago, the Illinois Supreme Court had to face the issue whether the definition of  “low speed gas bicycle” is constitutionally vague and whether a bicycle that does not meet the definition as in fact not a bicycle.

The case arose when State of Illinois charged a bicyclists with driving a motor vehicle with a revoked license.  The defendant, John Plank was driving a gas bicycle and he argued that his bicycle was not a motor vehicle. A police officer  observed John Plank riding a motorized bicycle down a Douglas County road at a speed of 26 miles per hour. According to the officer’s testimony, motorized bikes were allowed to travel up to 19 miles per hour, and upon reaching 20 miles per hour, they require a valid driver’s license, insurance, and registration. The officer described Plank’s bicycle as powered by “a weed-eater motor” and noted that it was not registered in Illinois. Although the bicycle had pedals in addition to its gasoline motor, the officer testified that he did not see Plank pedaling.  The police officer signaled for Plank to stop, and Plank admitted that his license was revoked.

The Illinois Vehicle Code prohibits anyone with a revoked driver’s license from driving a “motor vehicle.” 625 ILCS 5/6-303(a)   The code defines “low-speed gas bicycle” as a “2 or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.” Id. § 1-140.15.

 

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Electric bikes are becoming increasingly popular as a mode of transportation in Chicago due to their eco-friendliness and convenience. However, they can be dangerous if not used properly. According to a study by Reuters, there were 3,075 e-bike injuries in the US in 2018 alone.

If you’re involved in an electric bike accident and you’re not at fault, you may be able to recover financially for your injuries. Some of the damages that you may be able to recover are compensatory damages that include anything lost due to the accident including payment for medical bills current and future.

If you’re considering purchasing or renting  an electric bike, it’s important to keep in mind that they can reach high speeds. This means that if you’re involved in an accident while riding one, it can be more severe than if you were on a regular bike.  If you’re ever involved in an electric bike accident and need legal assistance, the personal injury lawyers of Zneimer and Zneimer may be able to help you.

Bicycling is an increasingly popular mode of transportation in Chicago and many other cities around the world.  There are many benefits that bicycling offers, including improved health and environmental friendliness, there is a downside to this form of transportation: personal injury.

The Chicago bicycle attorneys of Zneimer & Zneimer have seen an increase in bicycling accidents.  Unlike an accident that includes two vehicles, even a low speed accident involving bicyclists can result in more serious injury or even death. In 2018, the Chicago Department of Transportation reported that there were 1,187 crashes involving bicycles, with 6 fatal accidents. This number has continued to rise in recent years, and it’s important for both cyclists and drivers to understand the risks involved in order to prevent accidents from occurring.

The most common cause of bicycle accidents in Chicago is due to drivers not paying attention to cyclists. There are increasing sources of distractions to drivers that results in distracted driving. Drivers may be distracted by their phones, other passengers, or simply not looking for cyclists. Additionally, some drivers may not be familiar with the rules of the road as they apply to cyclists, and may therefore make mistakes that can lead to 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

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Chicago Andre Vasquez has proposed streamlining the process to have cars and trucks towed that are blocking a bike lane.  Alderman Vasquez commented that: “cars just don’t care.  They’re parking there, waiting there. double-parking there.  Even when we had the Department of Finance ticket them, they weren’t moving.  By giving the Department of Finance the ability to tow them, it would incentivize people not to do it so they don’t get their towed.”

Additionally, the proposed ordinance would require signs to be posted that a bike lane will be closed 24 hours in advance whenever a permit is issued to do work that would close a bike lane.

The Alderman’s proposal was in response to a tragic accident that occurred on June 9, 2022 where a mother on a bicycle with a toddler named Lily seated in a carrier was riding down Leland Avenue bike lane.  Lily’s mother came upon a ComEd truck that was parked in the bike lane doing work.  Lily’s mother attempted to steer around the truck parked in the bike lane and was forced to maneuver by a semi-truck.  The semi-truck began to move causing Lily’s mother to lose her balance which caused Lily to be thrown to the roadway under the wheels of the semi.  Alderman Vasquez stated that he firmly believes that Lily would still be alive if his proposed ordinance were in affect at the time this incident occurred.

 

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On May 18th, 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

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Alderman Vasquez of the 40th Ward in Chicago has been advocating for snow to be cleared from bike lanes after a protest by bicyclists who complained that the bike lanes have not been cleared.  Surprisingly, there were around 103,000 Divvy bike rides in Chicago according to the Chicago Department of Transportation.  However, bike riders have a much more difficult time riding in the winter, and if the bike lanes are blocked with snow and sludge it makes riding a bike unfeasible and very dangerous.  The injury lawyers of Zneimer & Zneimer note that bike injuries happen at all times of year.  Alderman Vasquez also instructs that bike lanes should be cleared regardless if the lane is protected by flex posts or not.  He continues that if a lane is protected by flex posts then a smaller plow needs to be used to clear the lane.  If the bike lane is delineated by just a painted line, then it is easier to clear with just the regular snow plow.

Bike lanes continue to be controversial in Chicago with bicyclist advocating for more protected lanes and for bike lanes to be maintained while motorist complain that the bike lanes take away scarce parking spaces.  Businesses owners also claim that they lose customers because of lack of parking.  Hopefully, these conflicts can be mediated so that both sides are satisfied.

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The intersection of Logan Boulevard and Western Avenue has the sad and tragic history of being the site of two fatal cyclist accidents in the last 15 years.  The intersection is congested and confusing in that the traffic lights and the intersection itself is primarily under the Kennedy expressway.  Add to that the Kennedy Expressway has both on ramps and off ramps that are situated at the intersection.   The intersection has been the site of many motor vehicle accidents.  The personal injury lawyers of Zneimer & Zneimer have handled more than one personal injury cases that arose from crashes at that intersection over the years.   Bicyclists are especially vulnerable at that intersection due to the blocked vision under the expressway and the general confusing nature of the intersection.  Without the protection that the metal body of an automobile provides, bicyclist, sadly suffer serious and sometimes fatal injuries when involved in a crash with a car of truck.  The latest bicycle fatality was in the early summer of 2021 when the actor Kevin Clark, who was best known for his role as the young drummer in the hit movie “School of Rock”  was hit by a car while cycling through the intersection.

A separate bike lane has since been added for cyclists traveling on Logan Boulevard with the bike being painted green.  The motor vehicle traffic is also separated from the bicycle lane by plastic poles.  While cyclists applaud the new separate bicycle lanes, not everyone is happy with the new bicycle lane configuration at this intersection. Motorists note that before the changes, Logan Boulevard had two east bound lanes and two west bound lanes for motor vehicle traffic but now, with the new bike lanes, Logan Square Boulevard now has been reduced to one lane for east bound traffic and one lane for west bound traffic causing traffic backups.  Especially aggravating to some motorists is that it appears that there are very few bicyclist using the bike lane during the cold winter months.  This trade off between bicyclist safety and motorist convenience seems to be playing out all over the city of Chicago with motorists complaining that bike lanes take precious parking space and cause additional congestion by eliminating motorist lanes lanes while bicyclist arguing that the improvements are needed to protect the safety of cyclists on the roadway.  The injury attorneys of Zneimer & Zneimer P.C. support bike safety and hope that solutions can be arrived at that accommodate both  the needs of motorists and bicyclists.

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