3 Chicago Teens Hit by Van in Downstate IL - 1 Killed, 2 Injured

In a horrific incident in downstate Illinois, 3 Chicago-area teenage girls on Spring Break were struck by a van that crossed the center line as they were riding in the opposite direction. One of the girls, Faith Dremmer, was killed. The other two girls were severely injured. All three girls, friends from the University of Chicago Lab School, were wearing helmets. Click here for the online news report from the Chicago Tribune.

The girls reportedly "meticulously" planned the bicycle trip through the area near the Shawnee National Forest and based on reports were experienced riders. The girls planned route was going to take them over 500 miles in one week. A motor vehicle vs. bicycle collision of this nature is inexcusable and unavoidable. It is another tragic reminder of the need for motorist to "share the road" and to see bicycle riders. It is also why as an attorney and a rider I do not believe incidents like this are "accidents" as it was totally avoidable. Incidents like this are simply unfortunate and tragic collisions between a motor vehicle and innocent bicyclists.

As a criminal matter, the driver of the van would at least be charged with violation of the Illinois Vehicle Code for traveling over the center line. However, local authorities may pursue more serious charges given the gravity of the situation. As a civil matter, the driver of the van is liable for the wrongful death of Faith Dremmer and the personal injuries of the other two riders.

An interesting aspect of this case is that the driver of the van that hit the girls was in his 80's. Illinois law requires drivers of his age to take a driver's test every two years. No news has leaked yet as to when his most recent driver's test was.

If you have been injured in a collision, or have any questions regarding this post, please contact Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com.

IL Senate Passes Bill to Outlaw "Crowding" or Throwing "Missiles" at Bicyclists

The Illinois Senate has passed a bill that would provide greater protections to Illinois Bicyclists. Senate Bill 2951 has passed the Illinois Senate and is now in the Illinois House. The bill passed by a vote of 55-00-02 meaning that 55 Senators voted "Yes", none voted "No', and 2 voted "Present." With this kind of near unanimous support, the bill should have a strong chance of passing the Illinois House and hitting Governor Quinn's desk for signature and becoming law.

Senate Bill 2951, as amended, would amend 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 bill also amends the Illinois Criminal Code in the following ways:

• 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 4 felony.
  
• Provides that a person commits Projecting or throwing missiles at bicyclists, a Class A misdemeanor, when a person projects or throws any missile (defined as any object or substance) at or against a bicyclist.

There is no way a bicyclist can win a "fight" with a motorist driving a metal box capable of driving very fast and weighing thousands of pounds. This kind of legislation is necessary to protect bicyclists as their numbers increase and forces drivers to remember to "Share the Road."

The Chicago Reader linked to this blog post in an article you can find by clicking here.

Update on the "Child Bicycle Bicycle Helmet Safety Law"

IllinoisBicycleLaw.com previously featured a post about the "Illinois Bicycle Safety Law" pending in the Illinois House and a similar bill in the Illinois Senate this legislative session. The version in the House was much more expansive while the Senate bill was focused more specifically on the use of safety helmets and bicycle safety seats.

This House bill was scheduled to be heard in the Vehicles & Safety Committe in late February, but appears to have stalled. The bill is currently in the "Rules Committee" which is where it will remain until legislative leaders decide to move the bill back to committee for a vote. Most often when a bill does not progress out of committee for a vote on the House floor it is considered "stalled" if not altogether "dead."

However, the Senate Bill appears to be alive and well. Senate Bill 2627, as amended, is scheduled to be heard for a 3rd Reading and then a final vote in the Senate later this month. If the bill passes through the Senate, it needs to go through the House, and then could be signed into law by Governor Quinn. I've previously speculated that either the House or the Senate bill would progress, but not both. It now appears the Senate bill will be the one with a chance of becoming law in Illinois.

Senate Bill 2627 would make the following changes to the Illinois Vehicle Code:

• Requires all persons under the age of 16 riding a bike to wear a bicycle safety helmet;
• Requires all persons under 40 inches in height to only be a passenger on a bicycle while in a bicycle safety seat;
• Makes it illegal for a parent or guardian to allow a child under 12 years of age to ride a bike or be a passenger in violation of these requirements, but the penalty may be no more than $2 and most likely will result in probation;
• Specifically disallows police officers to use a violation of this law to to arrest a person or take them into custody.
  

UPDATE: Bicyclist Killed in Hit-and-Run in McHenry County

The Chicago Tribune's Breaking News Center was reporting that 25-year old Christopher M. Schaaf of Harvard, Illinois was killed Thursday evening in a hit-and-run collision with a pick-up truck at the intersection of Maxon Road and Graf Road near Harvard. According to the report, Schaaf entered the intersection travelling northbound on Maxon Road and was struck by the pick-up truck which was headed west on Graf Road.

ABC 7 News is now reporting that there is a $1,000.00 reward being offered for information about the dark colored pick-up truck with a long cab that was involved in the deadly collision. Photos on the ABC 7 site show what appears to be a Chevrolet pick-up.

Photos of the intersection of Maxon Road and Graf Road show that Graf Road is an uncontrolled intersection, meaning there are no stop signs, yield signs, nor traffic lights for Graf Road at that intersection. Maxon Road appears to have stop signs at its intersection with Graf Road meaning that all users of the roadway, including bicyclists, need to stop at the stop sign before entering the intersection.

The report does not state how or why the authorities concluded which direction the pick-up truck and the bicyclist were headed at the time of impact. According to the report, the bicyclist was reported dead at the scene and the driver of the pick-up truck fled the scene.

Anyone with information about this deadly accident is asked to contact the McHenry County Sheriff's Department. If you have any questions regarding this post or about Illinois bicycle law, contact Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com.

Federal Government to Fund Bike Path from Madison, WI into Illinois

According to a local news report in Madison, Wisconsin, the federal government has earmarked $1 million in funds for transportation to connect the Badger State Trail (map)in Fitchburg to the Capital City Trail that runs around Madison, Wisconsin. Construction of the extension is expected to begin in May and last approximately two months.

Since the Badger State Trail has a starting point in Orangeville, Illinois, this extension will connect Illinois with a direct path to downtown Madison, Wisconsin. Yet the most interesting part of this development is that this would also create a "spur" off of the Grand Illinois Trail (G.I.T) into southern Wisconsin and downtown Madison. From Freeport, Illinois you can ride off of the G.I.T. to the Jane Addams Trail which will link up with the Badger State Trail into Madison. Considering that you can ride from Chicagoland on the Prairie Path and hit the Grand Illinois Trail, this means that that you can go from as far east as 1st Avenue in Maywood to downtown Madison on one continuous bike-specific route.

Bicycling in Wisconsin is huge park of the recreational economy. There are some estimates that bicycling in Wisconsin provides more to the local economy in that state than deer hunting. And if you know anything about Wisconsin, you know that the only things typically thought of as bigger than deer hunting are beer, cheese, and the Packers. Now it looks like you can add bicycling to that list.

If you have any questions regarding this post or about Illinois bicycle law, contact Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com.

Google Maps Now Include Directions for Bicyclists

The Chicago Tribune is reporting that Google Maps now provides directions for bicyclists in Chicago and 149 other cities. The direct site is maps.google.com/bicycling.

Keep in mind that this is a "beta" program and there are some kinks that will need to be worked out. Fortunately the beta version provides a link for riders to give feedback if the routes provided are impractical or otherwise less than ideal.

I already found a route that was not the most precise or bike friendly. I did a search for "Directions" for a "Bicycle" between the Forest Park Blue Line stop and Glen Ellyn, IL. I know from experience that you can go a little bit west of the Forest Park Blue Line stop and jump onto the head of the Prairie Path at 1st Avenue in Maywood. The Prairie Path then takes you directly into downtown Glen Ellyn. However, Google Maps said to ride west to Butterfield and jump on the Prairie Path at a later point a few miles down. There might be an argument that this is more efficient in terms of exact distance and maybe even time, but travelling on Washington Street through Forest Park and Maywood is a lot less safe than rolling down the Prairie Path.

Nonetheless, many thanks to the folks at Google for doing this. When blue chip companies like Google help promote bicycling (as well as walking and public transportation) as a part of their maps and recognize that streets aren't just for cars, there's reason to believe that progress is being made. And that's a good thing.

If you have any questions regarding this post or about Illinois bicycle law, contact Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com.

IL Proposes the "Child Bicycle Helmet Safety Law"

Illinois House Representative Julie Hamos has introduced a bill that would create the Illinois "Child Bicycle Helmet Safety Law." The Child Bicycle Helmet Safety Law would be an entirely new section in the Illinois Vehicle Code. You can read the entire text of the bill here. This bill would categorically change the requirements for minors (under 18) riding bikes, parents who carry or pull small children while riding, and persons who rent bicycles.

Here are the highlights of the bill as proposed:

Bicyclists Under 18: Minors that either ride a bike or a passenger on a bike are required to wear a "protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet." Simply put, if you are under 18 and want to be on a bike, you have to wear a bike helmet that meets the requirements of the U.S. Consumer Product Safety Commission or other technical specifications set by ANSI, ASTM or the Snell Memorial Foundation requirements.

Babies and Toddlers: The new law would create specific requirements for transporting babies and toddlers. If a parent or other adult rider wants to ride with their baby or toddler as a passenger on their bike, they have to: i) be at least one-year of age and able to sit upright; ii) the parent or adult rider must be seated alone in a saddle seat; or iii) any person under 40 inches in height or less than 40 pounds must be secured to a bicycle safety seat.

Civil Penalty: A person who violates the law would be guilty of a civil offense and pay a penalty of not more than $30 including court costs. The bill provides that a first time offender may have the civil penalty waived by the court if they can show proof of purchasing an appropriate bicycle helmet or safety seat. This is similar to the custom and practice for showing proof of insurance for a motor vehicle.

Renting Bikes: Anyone renting a bike must have an appropriate bike helmet with them or be able to get one for use while renting the bike.

The Illinois "Child Bicycle Helmet Safety Law" is up for hearing before the Vehicles & Safety Committe on Wednesday, March 3, 2010 at 10:00 a.m. in Room 115 of the Capitol Building in Springfield. Senate Bill 6114 is a similar bill currently pending in the Senate and set for hearing on March 2, 2010 in Room 212 of the Capitol Building. These hearings are open to the public and anyone who wishes to testify before the committee may request to do so.

If either the House or the Senate bill passes out of committee, it could be called to be heard before the entire House or Senate for debate and a vote. If the bill makes it out of one chamber and is then passed by the other chamber, it would then be put before Governor Quinn for signing into law in Illinois. Gov. Quinn is an avid bicyclist and promoter of pro-bicycle legislation so it is a safe assumption that he will pay careful attention to the Illinois Child Bicycle Helmet Safety Law. In theory, the Illinois Child Bicycle Helmet Safety Law could go into effect this Spring before riding season kicks into high gear.