Articles Posted in Bicycle Accidents

As a resident of Chicago, it would be hard not to notice efforts over the past couple of years aimed at making the city more bike-friendly. While Zneimer & Zneimer, P.C. supports the health, environmental, economic, and many other benefits that bicycling offers the city and its residents in general, at the same time, as bike injury attorneys, we are compelled to reflect upon whether the city’s intense efforts to promote bicycling has perhaps given riders a false sense of security. This is particularly concerning given that commuting by bike is gaining traction in Chicago, as recently reported by the Chicago Tribune.

Despite Chicago’s notable recognition for their infrastructure, planning, and safety efforts, the truth remains, that bicycling accidents continue to remain a huge issue in our city. Although the infrastructure is nowhere near full completion, the city continues to focus primarily on the positive aspects of bicycling, and in recent times, perhaps even downplaying the negative. Just last year, Mayor Emanuel commented on how bicycling safety is a genuine issue in our city, but now, a little more than eight months later, it seems there has been a shift in focus-from promoting bicycling safety-to simply promoting bicycling in general.

How might this actually be putting bicyclists at even greater risk? For residents, all the recent hype over bicycling in Chicago may be giving cyclists the general perception that it is safer to ride in the city. However, for visitors, the promotion of bike sharing programs, along with the multitude of visible indicators which relay a message that the city is highly ‘bike-friendly,’ seems most problematic of all. This is because visitors, especially those unfamiliar with the city, may not be aware of the risks that accompany bicycling in Chicago-namely, the potential for accident or injury. This concept-that the city is perhaps instilling a false sense of security-also extends to new residents, and in some cases, even parents that are attempting to educate and prepare children bicyclists to navigate along Chicago’s busy roadways.

As you travel in the city, you may have noticed more bicyclists with bike cameras strapped to their helmets, handlebars, and even their bodies. Referred to as ‘bike-cams’ for short, the use of such devices offers a number of benefits to cyclists. The Cycling Injury Lawyers of Zneimer & Zneimer, P.C. are pleased to see that bicyclists are taking the initiative to improve their own safety, as well as protect their interests by ensuring that evidence is preserved in the event an accident occurs. In addition, an individual’s awareness that they are being videotaped, has been shown to be a deterrent to negligent or reckless conduct. The following discusses the effect that bike-cams can have on three primary groups of individuals-Bicyclists, Motorists, and Attorneys.

While, for bicyclists, the purpose of using a bike-cam is less likely to be associated with monitoring their own bicycling habits, these devices can actually allow cyclists the ability to observe their own riding practices, which can aide in the prevention of serious injury or fatality. Perhaps more important to accident prevention, though, is the potential effect that bike cams can have on motorist conduct. When a driver knows that they are being recorded, that motorist might be far more inclined to: Ensure cautious overtaking and yield; Maintain the statutory 3 foot distance; and Demonstrate more vigilant driving in general. In accordance with the foregoing, it is easy to see the manners in which bike-cams can both contribute to the prevention of bike collisions, as well as to the prevention of other types of accidents.

Although bike cams can certainly aide in reduction of bike collisions, bike-cams play an entirely different role once an crash has occurred. As recently reported by the Chicago Sun, “Attorneys say the cameras could be useful in the event of an accident but that bicyclists should use the cameras with caution.” While partly in agreement with this statement from the media, the use of bike-cams-when considered from the legal perspective-is actually a bit more complicated. Stated simply, bike-cams can have both positive and negative attributes. In assessing the potential use and application of bike-cam footage following an accident, it is important to take into consideration two key factors: (1) Value / Effect of Liability Determination; (2) Legality; (3) Admissibility.

The Chicago injury lawyers of Zneimer & Zneimer, P.C. take note of the growing use of Divvy-Chicago’s first large scale bike sharing program. The program, which began in July of 2013 with just 750 bikes and 75 stations, has grown significantly over the past year, to its current status of 3000 bikes and 300 stations. Divvy, which represents the idea of “dividing and sharing” the use of bicycles, is a concept that appears to be catching on, as can be seen by increased presence of Divvy bikes throughout the city. As stated in an April 15, 2014 report by the Chicago Tribune:

“Following a brutal winter, Chicagoans have embraced the blue-colored bikes at the first signs of spring. Riders, for example, took more than 25,000 trips during the first week of April as temperatures rose above 40 degrees.”

According to a city estimate, the number of trips taken on Divvy bikes is approaching nearly a million since the program’s initiation nearly 10 months ago. The program’s success is good news for Chicagoans, many who were worried about whether the program would continue, following a report in January that the company had filed bankruptcy. Despite this, the bike share program appears to be thriving, and although it fell short of its original expansion goal of ‘4000 bicycles and 400 bikes by Spring of 2014,’ with the program’s continued success, Divvy may very well reach this goal in the near future.

As friends and family mourn the death of 26-year-old Robert “Bobby” Cann, they are joined by bicycling enthusiasts throughout Chicago who are also grieving this tragic loss. Known for his passion for cycling, multi-state treks, and participation in Chicago’s monthly Mass ride, the anguish felt by community residents was clearly evident at the Memorial held in his honor following his death. The bicycle accident attorneys of Zneimer & Zneimer, P.C. join with residents and community activist groups alike in their efforts to push for more safety awareness and avoid preventable tragedies like this one.

The accident occurred on May 29, 2013 while Cann rode his bicycle home from work along Clybourn Avenue, near Larabee Street. As Cann traveled southeast, he was struck from behind by a Mercedes that, just prior, had collided with another vehicle. Although Cann was wearing a helmet at the time of the bicycling accident, the violent impact caused his body to be thrown from his bike, resulting in a severe laceration to his leg. He was rushed by ambulance to a nearby Chicago hospital, where he was pronounced dead a short time thereafter.

According to police, the driver of the Mercedes, 28-year-old Ryne San Hamel, had a blood-alcohol content level of .127. Hamel was subsequently charged with reckless homicide, aggravated DUI, misdemeanor DUI, reckless driving, and failure to stay in the lane. In addition to Hamel’s $100,000 bond, his passport was also revoked. Undoubtedly there will be continued controversy over this incident, given Hamel’s blood-alcohol content being less than the legal limit of .08, yet Hamel having clearly been the cause of this tragic bicycle accident.

Following years of careful planning, construction on Chicago’s Bloomingdale Trail project was initiated on August 27, 2013. The project is part of a network of parks, collectively referred to as the ‘606,’ named for the communities sharing the zipcode prefix 606 that will be linked through several trail access points, with Bloomingdale Park serving as the centerpiece. While the trail access points will be at ground level, the actual park, ‘The Bloomingdale,’ and the trails to the park, will be constructed on the elevated track of land formerly home to the railway system known as the Bloomingdale Line. The Bicycling Accident Attorneys of Zneimer & Zneimer, P.C., look forward to the much needed safety that this network of trails will provide to the residents of our community, and also note the endless amount of additional benefits the project will offer.

The $54 Million Bloomingdale project and larger 606 project, with an estimated $91 Million first-phase expense, are by no mean small endeavors. In fact, with an anticipated 15 acres of park land, it may be one of Chicago’s largest parks and recreation projects since the construction of Millennium Park nearly ten years ago. Many agree that the cost of the project will prove to be a worthy investment in terms of the anticipated economic growth. As stated by Mayor Emanuel during a groundbreaking ceremony, “[The Bloomingdale Trail] is going to do, in my view, for our neighborhoods what Millennium Park has done for our downtown.”

By far, one of the most highly anticipated benefits of the Bloomindale/ 606 project is the manner in which it will link communities together by providing 2.7 miles of throughway connected by points of access spaced in quarter mile increments. As a result, bicyclists and pedestrians will have a safe means for which to travel between communities. As stated by Mayor Emanuel, “it will bring neighborhoods together in a united, unified way.” The current plan calls for access points at the following locations:

Recent developments in bicycling infrastructure in Chicago, and its surrounding Illinois suburbs are certainly encouraging. However, as with any change, a period of adjustment can be anticipated. Of particular concern are bicycle accidents caused when a driver or passenger exits a vehicle as an oncoming bicyclist approaches. This type of accident is commonly referred to as ‘dooring.’ The bicycle accident attorneys of Zneimer & Zneimer, P.C. caution both vehicle occupants and bicyclists to maintain an awareness of their surroundings as the city implements bicycling infrastructure.

With many bike routes running along the outside, and others now running on the inside of parking spaces, the potential for dooring has perhaps doubled. In areas where bike lane positioning has changed, those used to its previous location, may either fail to look for bicyclists, or don’t think to warn unaware passengers of to watch for oncoming bicyclists. The potential for a bicycling accident is further increased when bicycling infrastructure calls for the creation of a bike lane along a roadway where no lane previously existed. Although signage cautioning motorists to keep a lookout for oncoming bicyclists have aided in the reduction of bicycling accidents caused by dooring, these tragic accidents continue to occur.

Realizing the danger of dooring accidents for bicyclists, Chicago’s Mayor introduced a proposal in May of 2013 that would double the fine for drivers and passengers who ‘door’ a bicyclist, from its previous $500, to $1000. The press release for the Mayor’s proposal can be viewed at the City of Chicago’s official website (www.cityofchicago.org). In addition to increased fines, the Mayor also announces that stickers stating “Look, Before Opening Your Door” will be placed in the rear passenger window of the City’s 7000 cabs. The bicycle accident attorneys of Zneimer & Zneimer, P.C. support the Mayor’s safety initiatives, and are hopeful that it well help to reduce injury and fatality caused by dooring accidents.

Chicago Mayor Emanuel has long been an avid supporter of initiatives and planning aimed at promoting bike safety and awareness. Amongst recent efforts was Emanuel’s May 2013 proposal to make changes to Chicago’s bike ordinances which calls for variances in passing position for bicyclists overtaking vehicles, as well as increase fines for violations. The Bicycle Accident Attorneys of Zneimer & Zneimer, P.C. support Mayor Emanuel’s efforts in making much needed progress in improving the safety our City’s bicyclists.

The Mayor’s proposal came following a bicycling accident involving Emanuel’s 22-year-old daughter. While commenting on his proposal in terms of safety through legislation, Emanuel also implicitly suggested the need for awareness in circumstances where the law cannot help, in making the following statements to the Chicago Tribune:

Chicago Mayor Emanuel has long been an avid supporter of initiatives and planning aimed at promoting bike safety and awareness. Amongst recent efforts was Emanuel’s May 2013 proposal to make changes to Chicago’s bike ordinances which calls for variances in passing position for bicyclists overtaking vehicles, as well as increase fines for violations. The Bicycle Injury Attorneys of Zneimer & Zneimer, P.C. support Mayor Emanuel’s efforts in making much needed progress in improving the safety our City’s bicyclists.

As the community mourns the tragic death of a 50-year-old Aurora cyclist killed after being stuck by an Evanston motorist, the Bicycle Accident Attorneys of Zneimer & Zneimer, P.C. are reminded, yet again, of the inherent dangers of cycling in Chicago and its surrounding communities. The accident occurred on June 27, 2013 in the Kane County community of Batavia. Due to the lack of bike lanes along this stretch of roadway, bicyclists are both forced to and also legally permitted to, ride in the same lanes as traveling motorists.

According to eyewitnesses, as bicycling accident victim Richard White propelled his bicycle along Nelson Lake Road, a scenic two-lane road in Batavia Township, the rear wheel of his bicycle was allegedly struck by a vehicle being operated by 26-year-old MaMaxima Corazano Cordin Ty, who was traveling directly behind White’s bicycle. As the investigation continues, questions remain as to why this motorist continued to travel in the same pathway along the roadway, as other motorists safely passed the bicyclist in accordance with traffic laws.

As the community mourns the tragic death of a 50-year-old Aurora cyclist killed after being stuck by an Evanston motorist, the Bicycle Accident Attorneys of Zneimer & Zneimer, P.C. are reminded, yet again, of the inherent dangers of cycling in Chicago and its surrounding communities. The accident occurred on June 27, 2013 in the Kane County community of Batavia. Due to the lack of bike lanes along this stretch of roadway, bicyclists are both forced to and also legally permitted to, ride in the same lanes as traveling motorists.

Chicago Mayor Rahm Emanuel is proposing a new Chicago ordinance that would increase fins for bicyclists that do not obey traffic rules and for motorists who open their car doors without looking according to a Chicago Sun-Times article. The proposed ordinance would increase the fines for bicyclists who break traffic laws from $25 to a range of $50 t0 $200 dollars. The fine for parked motorists who open their car door in front of a bicyclist would be raised from $500 to $1000 dollars.

The bicycle accident lawyers of Zneimer & Zneimer, P.C. know first hand how dangerous and how common “dooring” accidents are in the city of Chicago since we handle many of these cases for injured bikers. A “doored” bicyclist at best is thrown on to the pavement and at worse is knocked by the door into the path of moving traffic. Either way, serious injuries are likely to result. CDOT now gathers data about the frequency of dooring accidents. Out of 1,675 bike crashes in Chicago last year, 250 were dooring crashes.

In a further attempt to reduce dooring crashes, the city plans to distribute stickers to be placed in taxi cabs in view of taxi passengers, reminding them to look out for bicyclist before exiting a taxi cab.