Letter to Tribune Editor: Drivers should follow traffic rules too

Chicagoan Paul Mollica wrote an excellent "Letter to the Editor" at the Chicago Tribune regarding the "tone" of many essentially anti-bicycle articles. Mr. Mollica is 100% correct that it is hypocritical of motorists, as a general group, to argue that bicyclists, as a general group, don't follow the rules of the road. For every bicyclist that blows a stop sign or doesn't signal, there's a motorist the "rolls" a stop sign of parks in a bike lane. Two wrongs don't make a right. Both bikes and cars have are permitted users of the roadway and all should follow the Rules of the Road.

Drivers should follow traffic rules too - chicagotribune.com

Satire by The Onion: Hit-and-Run Ends Tour de France

Satire can often speak more truth than the most in-depth piece of research. In this "article" in The Onion, the authors point out so many unfortunate truths about motor vehicle vs. bicycle collisions. First, the car almost always "wins"; Second, the bicyclist is often the victim; and Third, too many drivers get away with what are essentially crimes.

Here's a link to the article: Massive hit-and-run ends Tour de France.

Evanston Adds Bike Lanes to Central Street

My morning commute involves riding my bike from my house in Northwest Evanston down Central Street to the Metra station. It was a pleasant surprise to see freshly painted bike lanes appear this week.

This is an excellent example of a municipality adding a bike lane without compromising the accessibility for any other traffic. Bike lanes, as a traffic control measure, serve as a clear warning to motorist of the presence of bicyclists and provide bicyclists clear "ground" on which to ride.

Thanks, E-town.

Redline Cyclocross Bikes Recalled

The United States Consumer Products Safety Commission has announced a recall of Redline's 2010 Conquest Cyclocross bike. There have been five reported incidents where the fork split near the crown of the fork. This could result in a rider falling and getting severely injured due to the fall.

Any company that manufacturers a product that is "unreasonably dangerous when put to a foreseeable use" may be strictly liable under Illinois law for any injuries that stem from the use of the defective product. If you have been injured while riding and think it was due to a defective product, please contact Mike Keating at MKeating@KeatingLegal.com or 312-208-7702.

Attorney Michael Keating to Represent Pro Athlete Petruzzelli in Bicycle vs. SUV Collision

Attorney Michael S. Keating has been retained to represent professional athlete Guy Petruzzelli in a case against a Hinsdale woman for injuries he sustained while training on June 18, 2010.

It is alleged that Mr. Petruzzelli was severely injured when the woman, Caitlin E. Salach, backed her Lexus SUV out of a parking space and into Burlington Avenue. Mr. Petruzzelli was on his road bike and in the midst of his training when the SUV blocked his path and the collision occurred. Ms. Salach is alleged to have been "texting" at the time of the collision. Mr. Petruzzelli was taken by ambulance to the emergency room and later required surgery.

This case is also notable in that it is one of the first civil cases filed under "Matt's Law," a recent change to Illinois law that bans "texting while driving." "Matt's Law" is named after Matt Wilhelm, a 25-year old cyclist who was killed when a teenage driver who was reportedly texting swerved off the road and struck him while he road his bike on the shoulder of a downstate road.

You can read the Complaint filed in the Circuit Court of DuPage County by clicking here.

Gov. Quinn Sign Bill Into Law Outlawing Harrassing Bicyclists

Senate Bill 2951 has been signed into law as Public Act 96-1007. Gov. Quinn signed this bill into law at a local bike shop over the 4th of July Weekend. This new law does not go into effect until January 1, 2011. This new law amends Section 11-703 of the Illinois Vehicle Code by making it illegal for the driver of a motor vehicle to "crowd" or threaten a bicyclist by unnecessarily driving the motor vehicle close to, toward, or near a bicyclist. The new law also:

• Provides that every person convicted of crowding or threatening a bicyclist shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another.
  
• Provides that if a crowding or threatening a bicyclist violation results in great bodily harm or permanent disability or disfigurement to another, the person shall be guilty of a Class 3 felony.

The original bill received great support by the Illinois legislature. It passed the Senate with 55 "yeas", 0 "nays" and 2 voting "present." The bill faced a little more opposition in the House, but still easily passed with a vote of 93-20-01. Thanks to all those who supported the bill and to Gov. Quinn for putting it into law.

State of Illinois v. Erik Fabian and Reza

On May 31, 2009 Erik Fabian and Armando Reza were driving around the western suburbs after spending some time having some drinks. According to reports, REZA HAD A BLOOD ALCOHOL LEVEL OF .158. As if their first instance of bad judgment in drinking while driving wasn't enough, they both then took turns targeting bicyclists with their car. Each of them took a turn behind the wheel and plowed down a defenseless bicyclist.

Judge Carol Kipperman who sits in the Cook County Circuit Court's Maywood Division sentenced these two with light sentences. Erik Fabian plead guilty to aggravated batter with a deadly weapon and leaving the scene of an accident and received two years probation. Armando Reza was sentenced to only ten days in jail even though he had a blood alcohol level that was basically twice the legal limit in Illinois.

Cook County State's Attorney Anita Alvarez has issued a statement to the bicycling community regarding this incident. As a lawyer and former law clerk for the Cook County State's Attorney, I find State's Attorney Alvarez's position on this issue very credible. It is highly probable that the State's Attorney's Office sought much higher penalties for this incident and the judge made the ruling on her own. Judge Carol Kipperman has the discretion as the trier of fact in this case to sentence these criminals over the objection of the prosecutors.

The issue then turns to what can be done? Unfortunately, not a lot can be "redone" now that Erik Fabian and Armando Reza have been sentenced. However, Judge Carol Kipperman will have to run for re-election soon. And she can rest assured that the bicycling community will remember this case.

2009 Felt Recalls B12, B16 and S32 Road Bikes

The Consumer Products Safety Commission has announced a recall of approximately 2,100 Felt road bikes. The subject bikes are 2009 models B12, B16 and S32. The steer tube on the bikes may break and this could lead to the bicyclist falling and getting injured. To date, there have been 7 reported instances that resulted in minor injuries.

Any company that manufacturers a product that is "unreasonably dangerous when put to a foreseeable use" may be strictly liable under Illinois law for any injuries that stem from the use of the defective product. If you have been injured while riding and think it was due to a defective product, please contact Mike Keating at MKeating@KeatingLegal.com or 312-208-7702.

Cop on bike hit by vehicle, dragged down street :: CHICAGO SUN-TIMES :: Chicago Crime

Cop on bike hit by vehicle, dragged down street :: CHICAGO SUN-TIMES :: Chicago Crime

"An on-duty Chicago Police officer bicycling to make a traffic stop was struck by a vehicle and dragged down the street Saturday night on Lake Shore Drive."

This is a perfect example of an incident that is not an "accident," but a collision or, more accurately in this case, a flat-out crime.

Bike posse helps police recover stolen bikes - chicagotribune.com

Bike posse helps police recover stolen bikes - chicagotribune.com

Great example of the community working with the police to legally recover stolen bicycles.