Articles Posted in Bicycle Accidents

Bicycle accidents can occur for a variety of reasons. The Attorneys of Zneimer & Zneimer P.C. represent the victims and family members of bike crashes that occurred in Chicago or a neighboring suburb. As bicycling increases throughout Chicagoland, so have bike-related amenities, including bike-sharing programs, bike rental agencies, and bike shops that sell bicycle parts, as well as new and used bikes. In some incidents, the cause or contributing factor to a bicycle accident was the actual bike being used, such as a bicycle that has recently been purchased, rented from an agency, or part of bike sharing program.

There are a variety of factors that must be taken in consideration in assessing the validity of a claim extending from the use, purchase, or rental, of a bicycle. In addition to evaluating the factual circumstances involved, it is important to identify the law applicable to the matter, whether local, state, federal, or a combination thereof. In newly emerging types of claim, such as those involving bike sharing facilities/programs, rulings in prior cases, referred to as case law, can also play a large part in the outcome of a particular matter.

In understanding the variations in each type of claim-bike sharing, bike rental, and bike sales-it is helpful to distinguish between the purchase of a consumer product and the purchase of a service. The purchase of a product, such as a bicycle, will often depend on whether the product is new or used, in addition to whether the consumer was purchasing a product or a service.

The Chicago lawyers of Zneimer & Zneimer P.C. represent victims seeking compensation for injuries and losses sustained in bicycle accidents. Personal Injury claims extending from bike crashes can be complex, in the sense that there are numerous variations in prospective defendants, as well available sources of compensation. Below, we have compiled a list of persons and/or entities that can potentially provide a means of financial recovery to the victims of bicycling-related incidents. Examples of some specific issues have also been included.

Motorist. Negligent, reckless, or unlawful actions of a motorist (i.e., speeding; running a red light; failure to yield right-of-way or decrease speed; driver distraction; driving while impaired/intoxicated; dooring a bicyclist).

Homeowner. Failure to remedy dangerous conditions that pose a safety hazard to bicyclist (i.e. driveway maintenance; object obstructions/whether stationary or moving; visual obstructions/trees/hedges; falling trees; unattended children; dog or animal attacks).

The Attorneys of Zneimer & Zneimer P.C. have repeatedly voiced our concerns over the safety of bicyclists in our communities. Increased ridership over the past few years has brought not only more accidents, but a wider variation in accident types. While often time we discuss bike crash issues in general terms, our concerns are perhaps better expressed by taking a look back at recent bike crashes that have occurred in the Chicago Metropolitan area.

Motorist kills cyclist at Intersection

On August 18, 2014, a 44-year-old Park Forest resident was struck and killed by a southbound motorist while bicycling eastbound at the intersection of 55th Street on Central Avenue in the Garfield Ridge community. Police cited the motorist for failing to reduce speed to avoid an accident.

The Attorneys of Zneimer & Zneimer P.C. discuss the issue of the growing number of bike trail and bike path accidents in the Chicago area. In particular, we address the topic of bike pathway and trail incidents caused by what we refer to as ‘avoidance-related’ factors. Our use of the term ‘avoidance-related’ refers to actions taken by a bicyclist in attempt to avoid striking an oncoming pedestrian, bicyclist, or object, which as a result of such efforts, causes a subsequent fall or collision.

Avoidance-related accidents have long been a concern for cyclists that travel upon roadways. For example, swerving to avoid a vehicle that suddenly stops, only to strike an oncoming pedestrian, or worse yet, be struck by an oncoming vehicle. Likewise, attempting to avoid a dooring accident, which causes the bicyclist to fall, or collide with a person or object. These are just a few avoidance-related issues along roadways-now consider the same along bike paths and bike trails.

For explanatory purposes, we discuss a recent fatal bike accident that occurred along a Will County Forest Preserve Trail, as reported by the Chicago Tribune:

The Bicycle Accident Attorneys of Zneimer & Zneimer P.C. comment on an important inquiry often presented by bike crash victims: ‘Can violating a traffic law or bicycle regulation impact my personal injury claim?’ Generally speaking this question can be answered with a ‘YES,’ however, the better response is really ‘DEPENDS.’ While part of safe and responsible bicycling requires adherence to both state and local law, not every unlawful action will play a role in the outcome of a personal injury claim.

In some cases, the law expressly exempts a particular violation from being presented as evidence in civil claims extending from an accident or injury. For example, many Chicagoland communities that require minors to wear helmets have set forth an evidentiary exclusion for child helmet-use law violations. Pursuant to town/village code for Barrington, Cicero, Inverness, and Oak Park, violation of a child helmet law:

‘shall not constitute negligence, contributory negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any civil action.’

Given the profound impact that helmets have on the reduction of serious injury and fatality, the Bicycle Accident Attorneys of Zneimer & Zneimer P.C. encourage the use of helmets for all bicyclists, and support legislative efforts that would make helmet use a requirement for children. As legal professionals and bicycle enthusiasts ourselves, we take note of some confusion regarding helmet use laws which are shared by many Illinois residents that reside in Chicago and surrounding suburbs. Presented in two parts, we first address general concerns and possible reasons for misconceptions of the law. To view information regarding bike helmet use laws in specific Chicagoland communities, see Part II.

Distinguishing between state and local law

In order to understand the law regarding the use of helmets while bicycling, it is necessary to consider both state and local laws. Currently there is no statewide law requiring the use of helmets in Illinois. However, pursuant to Illinois Vehicle Code sec.11-208(8), local authorities have the power to regulate the operation of bicycles with respect to the streets and highways under their jurisdiction. Nearly a dozen communities have enacted local laws regarding helmet use.

The Bicycling Accident & Injury Attorneys of Zneimer & Zneimer P.C. continue our discussion on bicycle helmet laws in Chicagoland communities. The need for clarity on this topic extends from several key observations, which we feel have contributed to the difficulty in understanding whether or not the use of a helmet while bicycling is required by law. As discussed in Part I, these issues include: distinguishing between state and local law; multiple failed attempts to enact statewide legislation; recent/ongoing amendments to local laws; improper information provided through online resources; and general lack of resources that compile statewide data.

First and foremost, it is important to know, that as of the date of this post, there are no statewide laws regarding helmet use that apply universally to all types of bicyclists, or all areas of Illinois. However, there are many areas have enacted local laws pertaining to helmet use, including legal requirements based upon age or type of road user, as well as those that are strictly incentive-based.

Age-based Helmet Use Laws

As Chicago continues to install more bike lanes, many are worried about the city’s ability to keep up with lane maintenance issues. While a number of cyclists have already voiced their concerns by filing a complaint with the Chicago Department of Transportation, others have opted to simply forego the use of routes where the lack of maintenance presents safety hazards. As Bicycle Accident Attorneys, the injury team of Zneimer & Zneimer P.C. takes note of current problems associated with poor maintenance of bike lanes, but at the same time, also have uncertainties over plans for the construction of more infrastructure in the coming months and years.

There are a variety of maintenance issues, some which are associated specifically to bike lane location, but many more which are dependent on the time of the year. In warmer seasons, critical problems include: roadway debris, such as garbage or broken glass; roadway surface conditions, such as potholes or cracks in pavement; as well as the persistence of pavement-marking issues, particularly along unprotected lanes (i.e. disappearing white lines),.Many cyclists have reported bent rims, flat tires, and other bicycle damage, caused by poor maintenance of bike lanes. Most concerning though, is the risk of injury or fatality, due to the increased potential for bike accidents caused by such hazards.

In colder weather, cyclists face issues similar to those present in warmer seasons, but with the added component of hazards created by inclement weather. During these months, it can be difficult for the city to keep up with the removal of snow and ice along roadways, let alone ensure that bike lanes are cleared as well. While the prevalence of winter cyclists is far less, we must not forget the commuter bicyclists that travel via bike for a significant portion of the year. Further, clearing roadway debris, which is often neglected during colder months, can accumulate, thereby increasing the need for clean-up efforts in the spring.