Chicago Tribune "Letters To The Editor" Rehash Old Stereotypes

The Chicago Tribune posted a series of Letters to the Editor entitled "Letters: In light of death, how cyclists can ride smarter." The letters unfortunately reflect many of the misguided and inaccurate sentiments that have long plagued cyclists. Despite the hundreds of miles of bicycle lanes in Chicago and the specific sections of the Chicago Municipal Code and the Illinois Vehicle Code that serve to protect bicyclists, there are those that any crash is in some way the cyclist's fault. 

And apparently the Chicago Tribune thinks a fair summary is all cyclists should be riding "smarter," which would imply that we are not riding cautiously despite riding amongst giant SUVs, trucks and distracted motorists. The reality is most cyclists are law abiding and ride as safe as possible under the current conditions that are a combination of a culture of favoring motor vehicles and policy decisions that seek options that are least objectionable to the motoring public as opposed to those policies that value the life and safety of bicyclists. 

The authors of these "Letters to the Editor" fail to realize that many of their characterizations are inconsistent with the actual laws in place in Chicago and in Illinois generally. Three key bike laws stand out. 

1. Dennis' Law Solidifies The Equal Standing Of Bicyclists in Illinois

"Dennis' Law" went into effect on January 1, 2017 and makes the Illinois Rules of the Road absolutely clear that bicycles are “vehicles” as defined in the Illinois Vehicle Code. This statutory change to Illinois' statewide bike laws means that drivers of motor vehicles must provide the right-of-way to bicycles under the same circumstances they would to motor vehicles. Dennis' Law reflects the longstanding right of cyclists in Illinois to the same rights as motorists in Illinois. Motorists do not have "special" standing over bicyclists. 

2. Only Bicycles May Use Chicago's Bike Lanes

The purpose of bike lanes is to create a clearly defined area where bicyclists are not only permitted but intended users of the roadways. Marked bike lanes also serve as a warning to motorists that bicyclists may be present. "See Bike Lane, Think Bike" is the idea. The Chicago Municipal Code is absolutely clear: A motorist can not park nor stand in a bicycle lane. Here is the plain language of 9-040-060 of the Chicago Municipal Code: 

The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane. In addition to the fine provided in Section 9-4-025 of this Code, any vehicle parked in violation of this section shall be subject to an immediate tow and removal to a city vehicle pound or authorized garage.

3.  Drivers Turning Right Across the Path of a Bicyclist MUST Yield to the Bicyclist

A right-hook collision occurs when a motor vehicle and a bicycle are travelling in the same direction and the driver of the motor vehicle turns right across the path of the bicyclist. Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles. The ordinance states:

“When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.” 

The reason that these types of crashes are so common is simple: the motorist does not see the bicyclist even though they have the opportunity to do so. The motorist typically makes the turn without ever checking for other traffic - including bicycles - when making the turn and the collision occurs. 

It is crucially important to note that there is a specific duty placed upon the motorists to make sure that it is safe to turn right and not just assume there isn't a bicycle to their right. The key words in the ordinance are "until such vehicle has overtaken and is safely clear of the bicycle." The weight of these words are that it is incumbent upon the motorist to make absolute certain that the path is clear before turning. In addition, the commercial vehicles utilized in a professional capacity are supposed to be just that. "Professionals." More than anyone else they are the users of the roadways that need to follow all of the Rules of the Road and drive safely at all times. 

"Look For Bikes" 

The only take away from yet another tragedy in Chicago is that motorists must at least give bicyclists equal consideration as required by law. But ideally as fellow citizens bicyclists can get the respect and deference that we often need. 

Details Emerge in Death of Chicago Cyclist Due to Right Hook on Milwaukee Avenue Bike Lane

The driver of a dump truck who struck a bicyclist when turning from southeast bound Milwaukee Avenue onto Kilbourn Avenue has been issued two traffic citations by the Chicago Police Department. The two citations stem from the fatal crash which occurred early Wednesday morning. The police officers that originally arrived at the scene did not issue citations, but it appears that after the Major Accidents Investigation Unit became involved and additional details emerged that the traffic citations were issued. The driver of the dump truck was issued a citation for negligent driving and another for an improper right turn. 

"Negligent Driving" is a violation of 9-140-160 of the Chicago Municipal Code. According to this section, "Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power,  upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway." This is a very general provision of the Municipal Code that is frequently used in issuing citations to motorists who are involved in crashes with bicyclists or pedestrians. 

"Improper Right Turn" is what bicyclists commonly refer to as a "Right Hook Crash." Sub-paragraph F of 9-16-020 outlines the requirements for a motorist turning right in front of a bicycle.  "When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle." Tragically, in this case it appears that the driver of the dump truck failed to ensure that the bicycle lane was free and clear of bicycle traffic before executing the right turn from Milwaukee Avenue onto Kilbourn Avenue. 

The Chicago Tribune reported that the bicyclist was 37-year old Carla Aiello of Chicago's Union Ridge neighborhood. Carla worked as a school counselor at Josephinum Academy, an all-girls School of the Sacred Heart in Chicago's Wicker Park neighborhood. 

Block Club Chicago reported that there were plans in place by the City of Chicago to install a protected bicycle lane on this stretch of Milwaukee Avenue but many resident complained about the loss of parking spots for automobiles. Instead, the City of Chicago painted marked bicycle lanes without any barrier protection. 

Our most sincere thoughts and prayers are with Carla Aiello's family and friends. 

Chicago Cyclist Killed in Right Hook Crash with Dump Truck

Chicago Bike Map Showing Bike Lanes on Milwaukee and Kilbourn

A 37-year old Chicago bicyclist has been killed in an apparent "right hook" at the intersection of Milwaukee Avenue and Kimball Avenue on the city's northwest side. According to news reports, the bicyclist was riding southeast on Milwaukee Avenue when she was struck by a dump truck as its driver turned right onto Kilbourn Avenue. 

This section of Milwaukee Avenue contains marked bike lanes on both sides of Milwaukee Avenue and the adjacent section of Kilbourn that runs parallel to the railroad tracks. Metra's Grayland station and Schurz High School are near this intersection and there is near constant bicycle traffic at this intersection due to the Milwaukee bike lane, the train station and the high school.

Chicago's CBS 2 is reporting that the Chicago Police's Major Accidents Investigation Unit are investigating this fatal crash. However, initial reports by CBS 2 reflect that the Chicago Police are incorrectly categorizing this as a scenario in which the driver of the dump truck had the legal right-of-way. 

Given the presence of the bicycle lane on Milwaukee Avenue this is incorrect. Section 9-16-020 of the Municipal Code of Chicago specifically provides that a motor vehicle should not turn right across the path of a bicyclist traveling in the same direction until it is "clear" and safe to make the turn. This action is known as a "right hook" and is in direct violation of Chicago's Municipal Code. Under this section of the Municipal Code, there is no exception for the bicyclist being in the driver's "blind spot." The duty is on the driver of a vehicle turning right across a bike lane to check for oncoming bicycle traffic prior to turning right. 

In addition, the driver of a industrial truck like the one identified in this crash is required to adhere to all of the applicable rules of the road including the Illinois Vehicle Code and the Federal requirements. Here are some of the key laws that apply to a bicycle crash of this nature:

• 49 C.F.R. Section 383.111 of the Code of Federal Regulations requires a professional driver to recognize and avoid potential hazards at all times around a turning tractor truck. 
•  Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact.

Chicago bicycle advocacy group Bike Lane Uprising is organizing a Human Protected Bicycle Lane on Milwaukee Avenue tonight (November 6, 2019) from 5pm to 7pm at the corner of Milwaukee and Kilbourn. Bike Lane Uprising is requesting volunteers to bring lots of lights and if to possible to bring signs. For more information on the Bike Lane Uprising Human Protected Bicycle Lane you can follow at this link. 

Keating Law Offices Presents the 2019 Illinois State Cyclocross Championship

Keating Law Offices, a Chicago-based personal injury firm that devotes part of its practice to representing victims of bicycle collisions, is proud to be the title sponsor of the Keating Law Offices Illinois State Cyclocross Championship. The state championships will be held on Saturday, November 9, 2019 in Woodstock, Illinois. Cyclocross is the fastest growing bicycle discipline in the country and has seen exponential growth over the past decade. The sport is especially popular in Illinois where fall and winter climates are perfect for the races over fields and hills.

The Illinois Bicycle Lawyers at Keating Law Offices take great pride in being a law firm that fights for the rights of bicyclists in Chicago and throughout Illinois. Part of the firm’s commitment to bicycling in Illinois is directly sponsoring groups and events that promote and celebrate bicycling. The attorneys and staff at Keating Law Offices, P.C. are thrilled to present the Keating Law Offices Illinois State Cyclocross Championship. Keating Law Offices is also a sponsor the Chicago Cyclocross Cup and the Intelligentsia Cup.

Keating Law Offices is one of the top law firms in the United States committed to representing victims of bicycle crashes and their families. Unafraid of handling complicated bicycle-related lawsuits and claims, Keating Law Offices is the top law firm in Illinois devoted to representing victims of bicycle collisions. The firm and its attorneys have represented numerous victims of bicycle collisions in Chicago, the suburbs, and every corner of Illinois. Keating Law Offices has locations in Chicago’s Loop and in the West Town neighborhood on the Milwaukee Avenue bicycle lane. 

Keating Law Offices was founded in 2008 by attorney Michael S. Keating who is currently the Chair of the Bicycle Litigation Committee of the national American Association for Justice. The firm also publishes the well-known legal blog the Illinois Bicycle Lawyers.