Articles Posted in Bicycle Accidents

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.

The Chicago Bicycle Accident Attorneys of Zneimer & Zneimer P.C. stand behind the city’s efforts to improve cycling safety, by creating more bike routes that provide a safe and accessible means to destinations. both within the city and to neighboring communities. However, we are also drawn to the consideration that full realization of the safety benefits offered by increased infrastructure, requires a simultaneous adaptation by the persons that actually use our roadway-in particular, bicyclists and motorists. Although the implementation of bike routes throughout Chicago is still in its early stages, given that plan completion is at least a half-decade away, we wonder if the city has relied too heavily on the expectancy that bike planning will automatically increase safety, by shifting roadway use.

A key component of Chicago’s 2020 Bike Plan is the incorporation of more neighborhood bike routes, “to create slow, safe streets that will turn into less stress bikeways.” Modeled in part, upon approaches implemented in other large cities, such as Portland’s ‘neighborhood greenways,’ the intent behind such routes is to discourage cut through traffic and reduce motor vehicle speeds in residential areas. In contrast to neighborhood routes, crosstown and spoke routes serve the purpose of providing cyclists a safer means of sharing roadways with motorists in areas with higher volumes of motor vehicle traffic, by incorporating: (1) Barrier protected bike lanes; (2) Two-way barrier protected bike lanes; (3) Buffer protected bike lanes; (4) Bike lanes or marked shared lanes.

Aside from an attempt to improve safety, what do neighborhood bike routes share in common with crosstown and spoke routes? The answer-much of the city’s bike planning efforts seems to be premised upon the notion that bicyclists and motorists will alter the manner in which they previously used our roadways. Stated differently, bike routes, regardless of type, are essentially a means of redirecting traffic. For bicyclists, the expectation is that they will adjust their travel routes, in accordance with existing infrastructure or as new routes are constructed. For motorists, the expectation is that drivers will discontinue using residential neighborhoods as a means of cutting through, and perhaps even avoid roadways where the construction of designated bike lanes have decreased the number of traveling lanes for vehicles.

As Chicago continues to make strides in promoting cycling, there has been a notable rise in the use of bicycles throughout the city and neighboring suburbs. However, along with this, comes not only an increased presence of bicyclist that occupy our streets and roadways, but also more cyclists along trails and off-road pathways.

And while we have seen a multitude of improvements along bike routes that are shared with motorists-whether newly implemented, underway, or planned/proposed future projects-we must not forget the safety concerns that exist along multi-use paths. Stated differently, the city continues to make advancements in separating, or otherwise protecting bicyclists from motorists along roadways-but, what about protecting pedestrians from bicyclists along trails?

Chicago’s 18-mile Lakefront Trail is perhaps the city’s most heavily occupied multi-use path. According to city estimates, as many as 30,000 individuals use the trail on an average weekday, with weekend usage increasing to nearly five times this amount. As we previously discussed in ‘Bike Path Accidents,’ scenic routes, in particular, often vary both in quantity and type of user. One needs not travel far along the trail on a Saturday or Sunday to observe speeding bicyclists; runners or joggers; persons on rollerblades/skates, skateboard, or scooter; tourists casually walking and enjoying scenery; intoxicated beachgoers; and moms, with babies in strollers, or wandering toddlers, all sharing the same trail space.

In order to provide networking and ease of accessibility between communities, bike planning and infrastructure in Chicago, and surrounding suburbs is comprised of several key components-protected bike lanes along roadways; unprotected lanes which connect routes; and the off-road scenic and throughway paths, which are both protected and serve the purpose of linking communities. However, when considering all the cities that comprise Chicagoland, as a whole, and the current plans in place, we can’t help but wonder if the city’s bike planning efforts have failed to fully incorporate many of Chicago’s northern suburbs.

According the Department of Transportation’s, Chicago Streets for Cycling Plan 2020, “It was developed using three key principles:

The Bicycle Accident attorneys of Zneimer & Zneimer P.C. remind residents to use caution over the next week and half, as our roadways become inundated with the thousands of cyclists expected to take part in Chicago’s annual Bike Week. This year’s events, part of Bike Chicago 2014, are set to begin on June 13th and continue through until June 20th. Aimed at promoting the environmental and health benefits of biking, as well as safety awareness, this long standing tradition continues to gain popularity, as is shown by the substantial increase in attendance rates since the initiation of bike Chicago more than two decades ago. As stated by Mayor Emanuel in a Press Release:

“Every day more and more people are using bike share programs or their own bikes to get around City streets and the lakefront path, whether it’s to work, to shop, or for fitness. Bicycling is a reliable, fast, affordable, healthy and great alternative form of transportation that all residents and visitors can utilize and enjoy.”

One of the central focal points to Bike Chicago 2014, is Bike-to-Work week, in which residents are encouraged to forego the use of motorized vehicles, and bike to work for the entire week between the 13th and 20th of June. As a means of motivating participation in Bike-to-Work week, the Bike Commuter Challenge, [link to http://bikecommuterchallenge.org/ ] allows commuters to sign up to compete for prizes with other businesses and organizations, based upon ridership rates. In addition, participants may also challenge their colleagues, and team leaders can challenge other teams.