Articles Posted in Bicycle Accidents

The personal injury attorneys of Zneimer & Zneimer are cautioning Chicago bicyclists to stay clear from the city sidewalks.  Many Chicago sidewalks have hazardous pavement differentials and deep holes, with grass and weeds growing through them, making them difficult to see and avoid.    Quite a few people have landed on the ground after running into such sidewalk hazards, breaking a hand, a leg, or suffering other injuries.

That is not to say that riding on the street is much safer.  Many streets have large cracks and holes, and angry automobile drivers in various stages of road rage, inching a notch at the sight of a bicyclist.  And yet, bicyclists will fare better against the City if they fall and get injured because of a street hole, rather than if they fall over a sidewalk hazard.

The Tort Immunity Act gives immunity to the City of Chicago for negligence, with few exceptions.  One of the exceptions is the requirement for a local public entity to exercise ordinary care to maintain its property in a reasonably safe condition “for the use in the exercise of ordinary care of people whom the entity intended and permitted to use the property in a manner in which and at such times as it was reasonably foreseeable that it would be used.”  745 ILCS 10/3–102(a) (2017).

A Chicago Tribune article reports that there has been a 50 percent increase in crashes between bicyclists and  motor vehicle doors between 2014 and 2015.  According to the Illinois Department of Transportation, there were  302 crashes in 2015 versus 202 crashes in 2014.  Chicago personal injury lawyer, Peter Zneimer observes that many of the painted on bike lanes in the city of Chicago run parallel and close to the parked cars so that when a person opens their car door they open it across the bike lane.  The attorneys of Zneimer and Zneimer handle many such cases and they almost always involve a motorist who is not looking for bicyclists.  The bicyclist is usually thrown to the pavement and in the worst case scenario is thrown in front of moving traffic.

The city of Chicago does have an ordinance making it a violation to open a car door in the path of a bicyclist, with fines as much as $1,000.00. Additionally, the City has constructed 100 mile of protected bike lanes since 2011.  Protected bike lanes are the safest option but they cost money.  Furthermore, many Chicago streets are not amenable to be retrofitted  with protected bike lanes.

With many more bicyclists on the roads than in the past, motorist need to get in the habit of looking for bicyclists.  Bicyclists can do their part too by wear bright clothes that make them more visible and by having lights on their bikes for night riding.  Since a set of bike lights only costs about $10.00 there is no excuse for night riders not to have them.

With the fall season upon us, and winter just around the corner, concern is growing over the City’s ability to adequately address snow removal and bike lane clearance issues, given the increase in bikeways, and past-year failures. Although improvements have been made since Chicago’s first winter with protected bike lanes in 2012, many have serious doubts as to whether the city is truly prepared to handle its growing network of bike lanes. Moreover, imagine the problems that could occur if, against early predictions, we experience a particularly inclement season this year. As injury lawyers, that represent Chicago accident victims, we share the same trepidations.

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The increase in bicycling throughout the Chicago area over the past decade has been tremendous. With hundreds of miles of pathways and trails, as well as shared, protected and buffered on-street bike lanes currently in place, and hundreds more expected by 2020, it would be logical to assume that infrastructure will continue to increase as ridership grows. As this occurs, many have concern over the City’s preparedness to keep up with bikeway maintenance issues, both at a financial and planning level. Chicagoland’s current roadway issues are atrocious in comparison to other major metropolitan cities. This holds true when considering only vehicular use. Add bicyclists into the mix and an equation for disaster seems foreseeable in the years to come. In short, how will Chicago be able to handle the additional burden of maintaining its bikeways for bicyclists, when it is already falling behind in maintaining roadways for motorists?

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If you live in Chicagoland, chances are you’ve seen a bicyclist that either violated a law or engaged in some type unreasonable or risky behavior. You may have even witnessed a crash, close-call, or other incident caused by an irresponsible cyclist. The rising trend of reckless bicycling is an issue that we have become increasingly concerned with in recent years. Some specific examples include speeding bicyclists, and cyclists that cross streets diagonally or against a signal. Bicycling while under the influence of alcohol or drugs is another. Then, of course, there are the countless number of cyclists that attempt to navigate busy roadways while using a mobile device. Finally, we have the bicyclists that travel along pathways and trails with little or no regard for the safety of others.

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The City of Chicago announced the launch of a new program that will offer low-cost annual Divvy Bike Share memberships based upon ability to pay, according to a last week’s press release. The program, called “Divvy for Everyone,” or D4E, will allow residents, with incomes below 300% of the federal poverty line, to obtain a one-time one-year membership for $5, without having to use a debit or credit card. Although we generally support initiatives that make bike-sharing a more accessible and affordable transit option, the D4E program leaves us with concerns over whether the city is putting ‘the cart before the horse’ by expanding bike-sharing to targeted neihgborhoods without fully considering the safety risks it presents.

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