Bicycle Accidents

February 28, 2024

Tickets Rarely Given In Chicago for Crashes With Pedestrians and Cyclists

The Chicago Tribune recently published an article with the results of a study they conducted which seem to indicate that Chicago police tend not to issue tickets in pedestrian and cyclist crash cases. The Tribune study of Chicago police data shows that out of more than 4,000 crashes between 2018 and November 2023 only 26% resulted in a traffic ticket or more serious charges. The Chicago personal injury lawyers of Zneimer & Zneimer, PC see many police reports and we observe that the police rarely actually witness the accident. When the police arrive on the scene of the crash, they interview the parties involved and the witnesses to determine what happened. From experience, the lawyers of Zneimer & Zneimer PC have observed that when there is an independent witness who will assign fault to one party or the other, then the police will be more likely to issue a ticket. Usually if there is no independent witness and both parties are blaming each other, then the police officer will not give a ticket to either party. Of course the injured pedestrian or cyclist can hire a personal injury lawyer to make a claim against the at fault motorist for damages. If the motorist’s insurance company denies the claim then the injured party’s lawyer can file a lawsuit and have the case decided by a jury.

The Chicago Department of Transportation has accelerated improvements on the roadways in Chicago, adding more protected bike lanes, pedestrian islands and speed bumps. However, infrastructure improvements can only go so far in protecting pedestrians and cyclists. Chicago Department of Transportation’s data shows that most traffic deaths involve motorists who were driving recklessly. Almost 60% of the traffic deaths involved speeding. Astonishingly, more than half of the pedestrian deaths in Chicago were hit and run crashes with the motorist fleeing the scene of the crash.

December 26, 2023

New Danger on Chicago’s Bike Paths: E-Bikes

by Zneimer & Zneimer, P.C.

The bicycle lawyers of Zneimer & Zneimer P.C. in Chicago, have observed a concerning trend in the increasing use of electric bikes (e-bikes) and the corresponding rise in injuries. Bike paths and lanes, once tranquil routes for cyclists, are transforming into high-speed thoroughfares, rife with risks. E-bikes capable in some cases of traveling at speeds in excess of 30mph are riding in bike lanes which were originally intended for pedal bikes. The higher speeds come with inherent dangers.

The change in bike path dynamics is notable. Cyclists are now navigating a more complex environment, where they must manage high-speed e-bikes passing by, while also dealing with parked cars on one side and traffic on the other. Additionally, motorists who have just parked and are exiting their cars or motorist making a right turn across a bike lane have to be more vigilant and aware of bicyclists who are farther away but traveling at higher speeds. This situation is leading to a spike in accidents and injuries, many of which we are encountering in our practice.

The U.S. Consumer Product Safety Commission’s data showing a significant increase in micromobility-related emergency visits is alarming. These injuries often mirror those seen in motorcycle accidents, both in severity and complexity.

December 15, 2023

The Alave v. City of Chicago Decision and Its Impact on Cyclists’ Safety

by Zneimer & Zneimer, P.C.

The Illinois Supreme Court issued its decision in Alave v. City of Chicago. This case holds implications for the rights and safety of bicyclists in urban areas in Illinois. Our team of bicycle injury lawyers at Zneimer & Zneimer represents bicyclists injured by potholes and has litigated issues of municipal liability when a person is injured on a street, sidewalk, or an alley. Illinois law makes a distinction between intended and permitted user and does not recognize right of recovery for users on the road who are considered permitted but not intended. Thus a bicyclist who is not on a bike path or bike designated street does not have a case against the city for damages caused by defect such as a pothole on the street because the law deems such bicyclists permitted but not intended users. Permitted users have a cause of action.

In the Alave case, Clark Alave was riding his own bicycle near a Divvy bicycle sharing station when he hit a pothole, resulting in permanent injuries. The complaint alleged that the City was negligent in its maintenance of the roadway, which led to the formation of the pothole that caused Alave’s accident. The City, in its defense, argued that the specific roadway where the accident occurred was not intended for bicycle use, as it was not a designated bicycle route and lacked signs or markings for bicyclists.

Initially, the City of Chicago won a motion to dismiss, arguing that Clark Alave was a permitted user only and that the city is immune from liability for his injuries. The appellate court overturned the circuit court’s decision, considering several factors. According to the court, City ordinances against sidewalk cycling implied that cyclists were expected to use the road. The presence of a Divvy bike station suggested the city’s endorsement of road use by cyclists in that area.

However, the Illinois Supreme Court ultimately reversed the appellate court’s decision, focusing on the lack of specific markings or signs indicating intended bicycle use on the road in question. The Illinois Supreme Court focused on determining whether the plaintiff, a bicyclist, was an intended user of the roadway where he was injured. The Court examined the roadway’s physical characteristics, signage, and markings to assess the city’s intent. Ultimately, the Court concluded that without specific indicators like bike lanes or signs denoting intended bicycle use, the bicyclist was not an intended user under the Local Governmental and Governmental Employees Tort Immunity Act, thus negating the city’s liability for the plaintiff’s injuries. This decision highlights the complexities surrounding municipal liability and road safety for cyclists. It emphasizes the need for clear indications of intended road use for bicyclists, such as designated bike lanes or signs.

The Illinois Supreme Court followed its precedent in Boub v. Township of Wayne, which established that the intended use of a roadway is determined by physical manifestations such as signs, markings, and other indications. This precedent was crucial in determining whether a bicyclist is considered an intended user of a roadway, impacting the municipality’s duty to maintain the road safely for that use. The Court’s analysis in Alave v. City of Chicago heavily relied on this precedent to assess the intended use and corresponding municipal responsibility. Continue reading

November 30, 2023

Galarza v. Direct Auto Insurance – Clarity for Uninsured Motorist Coverage in Illinois

by Zneimer & Zneimer, P.C.

The Illinois Supreme Court case of Galarza v. Direct Auto Insurance Co. represents a significant judicial decision impacting uninsured motorist (UM) coverage in Illinois. This case arose from an incident where Cristopher Guiracocha, a minor, was injured by an uninsured motorist while riding his bicycle. His father’s automobile insurer, Direct Auto Insurance denied coverage to Christopher arguing that he was not insured since he was on a bicycle and not in a vehicle at the time of the accident.

The Circuit Court initially granted summary judgment in favor of Direct Auto, agreeing with their argument that UM coverage did not apply as Cristopher was not an occupant of a covered vehicle at the time of the accident.

On appeal, the issue centered on whether the policy’s limitation of UM coverage to insureds occupying an “insured automobile” violated section 143a of the Illinois Insurance Code and was against public policy. The appellate court reversed the circuit court’s decision, finding that the policy’s terms were inconsistent with the statute and public policy, mandating broad UM coverage for “persons insured” under an auto insurance policy.

November 2, 2023

Recent Bicyclist Deaths in Chicago Call Attention to Dangerous Conditions

by Zneimer & Zneimer, P.C.

Tragically, there have been three fatal bicycling related crashes in Cook County in the last three weeks. The latest fatal bicycle accident occurred on October 23, 2023 at 8:00 pm in the 5100 block of N. Damen in Chicago. This stretch of Damen Ave. is a very congested area, and there are only painted on bike lanes. This area is also notorious for crashes and close calls between bicyclists and cars. The Chicago bike injury lawyers of Zneimer & Zneimer P.C. observe that it is well know that Chicago has a bad reputation for bike safety. A bike safety advocacy group called PeopleForBikes assessed 163 large cities on how safe the cities were for cyclists and assigned a score. The score was determined based on a cities grid connection and intersection safety, the number of protected bike lanes and the cities speed limits along with other factors. The study ranked Chicago 161 out of 163 large cities for “bikeability” in 2023. The city scored poorly in creating connecting bike lane routes, providing protected bike lanes and establishing access to all neighborhoods and fundamental services.

Another big factor as to why Chicago scored so low is that PeopleForBikes assessment automatically considered a painted bike lane on a street with a 30 mph speed limit to be dangerous. Since the default speed limit for streets in Chicago is 30 mph, almost all painted bike lanes in Chicago are considered dangerous by this standard. The reason for this is that painted bike lanes typically run next to parked cars which expose the biker to being doored into the moving traffic or a bicyclist may have to make a sharp maneuver into moving traffic to avoid the door. In such instances it would be much safer for the bicyclist if traffic were moving slower.

Chicago bicycle safety advocacy groups such as Active Transportation Alliance have been pushing for the completion of a fully interconnected bike network with protected bike lanes that would connect all of the cities neighborhoods. Though such a network is far from reality, the good news for bicyclists is that Chicago Mayor Brandon Johnson and many members of the city counsel have publicly supported a full bike network that would connect the whole city. The bicycle accident lawyers of Zneimer & Zneimer P.C. support the completion of a network of protected bike lanes in Chicago to help prevent deaths and serious injuries from bicycle accidents in the future.

September 29, 2023

Chicago Ranks Poorly in Bike Safety

by Zneimer & Zneimer, P.C.

In recent years, Chicago has prioritized making the city safer for bicyclists. The lawyers of the personal injury law firm of Zneimer & Zneimer, P.C. note that Chicago has added miles and miles of bike lanes across the city. Some of these lanes are simply painted lines designating bike lanes. In the best cases, the bike lanes are separated from motor vesicle traffic by some type of barrier.

In one study conducted by Clever, a real estate website rated cities based on how “bikeable” the city is, measuring factors like the number of bike trails, bike rentals shops and how many people were involved in fatal car crashes as a percentage of bike users. This study rated Chicago 20th out of the 50 cities rated, finding that Chicago scored favorably as to the number of bike commuters and the number of fatal crashes along with other fact.

In a more robust study conducted by the People For Bikes organization, Chicago scored much worse. This study focused primarily on whether the city had safe passage routes connecting the city in an interconnected network. In this study, out of 1616 cities ranked, Chicago ranked 1386. This study gave cities a “Network Score” based on the extent of a cities bike route network. Chicago scored poorly on every component. On bike access to parts of the city where people live, Chicago scored a 3 on a scale of 100. On accesses to jobs and school, the score was 6 on a scale of 100. On access to basic services like grocery stores, Chicago scored 4 on a scale of 100.

September 19, 2023

Electric Scooter Injuries Surge With Increased Usage

by Zneimer & Zneimer, P.C.

Electric scooters have been promoted in many cities and towns as an efficient way to take short trips without having to use a car. But with increased usage, studies have shown a surge in electric scooter injuries. The Chicago injury lawyers of Zneimer & Zneimer P.C. have been handling scooter injury cases since scooter companies began operating recently in Chicago. The statistics have been striking. A JAMA Network Open study revealed that there has been an increase of 222% rise in injuries between 2014 and 2018 alone with about 14,651 scooter injures reported in the United States. NCBI research has shown that 80% of scooter injuries were cause by falls, 11% were collision with objects like curbs and 9% were cause with collisions with other vehicles. Sadly, there have been 29 confirmed scooter deaths since 2018.

The Chicago Department of Transportation has been pushing the concept of “micromobility” and has been encouraging the expansion of scooter programs in Chicago. The major players in the electric scooter market are Divvy, Lime, Spin and Superpedestrian. These companies combined have already logged millions of rides in Chicago. The City of Chicago has implemented some regulations to make scooter use safer. Some of the rules are as follows:

Scooters cannot be operated on sidewalks

May 6, 2023

Wearing Dark Clothes While Biking Is Like Playing Hide-and-Seek with Cars

by Zneimer & Zneimer, P.C.

When bikers wear dark clothes, it’s much harder for drivers to see the bicyclist, especially at night. This is because dark colors absorb light, while light colors reflect it. So, when a bicyclist wears dark clothes, they are basically blending in with the background, which makes it difficult for drivers to see a bicyclist coming.

The Chicago bicycle lawyers of Zneimer & Zneimer are aware of a peer-reviewed study that found that cyclists wearing dark clothing are more likely to be involved in a crash at night than cyclists wearing light clothing. The study also found that not all reflective clothing or equipment works the same. According to the study, “Drivers recognised more cyclists wearing the reflective vest plus reflectors (90%) than the reflective vest alone (50%), fluorescent vest (15%) or black clothing (2%). Older drivers recognised the cyclists less often than younger drivers (51% vs 27%). ” The study’s findings suggest that “reflective ankle and knee markings are particularly valuable at night, while fluorescent clothing is not. Cyclists wearing fluorescent clothing may be at particular risk if they incorrectly believe themselves to be conspicuous to drivers at night.”

Therefore, bicyclists who drive in the dark, should buy reflective ankle and knee markings at a minimum, in addition with reflective clothing. Bicyclists should wear reflective clothing. Reflective materials help drivers see the bicyclists at night, even in low-light conditions.

May 5, 2023

Driving and Bicycle Lanes in Chicago

by Zneimer & Zneimer, P.C.

Chicago is a city that says it loves its bikes. Chicago has over 1,800 miles of bike lanes and paths. But with so many cyclists on the road riding alongside automobiles, it is important to keep in mind the rules of the road and to share the space safely.

The Chicago personal injury attorneys of Zneimer & Zneimer have seen an increase in injuries to bikers. Many of these injuries could have been prevented if drivers and bicyclists keep certain safety rules in mind.

Drivers should obey the speed limit, especially in areas with bike lanes. Bicyclists are more vulnerable to injury in a collision and their injuries tend to be very serious. Therefore, drivers must look for cyclists before turning or changing lanes. Additionally, drivers should signal their intention to give cyclists time to react to the automobile movements. Chicago law requires drivers to leave at least three feet of space when passing a cyclist, to give the cyclists enough room to maneuver safely. Drivers should not park in a bike lane as this is both illegal and dangerous for bicyclists. Continue reading

April 21, 2023

E-Bikes in Bike Lanes: A Closer Look at the Safety Implications of Illinois’ E-Bike Law

by Zneimer & Zneimer, P.C.

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.