New for 2018: Cycling Is The "Official" State Exercise Of The State of Illinois

Text of Public Act 100-0383 Designating Cycling as the official State Exercise of the State of Illinois

As of January 1, 2018, Cycling is the official State Exercise of the State of Illinois. This is an actual law in the State of Illinois under the "State Designations Act." This is also the most recent change in the past couple of years to Illinois laws related to bicycling. On January 1, 2017 "Dennis' Law" which went into effect and clarified that a bicycle was a "vehicle" under Illinois law and that bicyclists are absolutely entitled to all of the "rights" of a vehicle. Keating Law Offices represented Dennis Jurs' family in their civil case related to his fatal bike crash and worked with Illinois legislators on the passage of "Dennis' Law." On January 1, 2018 three new bicycle safety laws went into effect. These new laws allow bicyclists to legally use rear lights instead of reflectors, enhance protections under the law from passing vehicles, and allows bicyclists to ride on the shoulder.

This "official designation" does not provide any new protections or rights to bicyclists. However, this official designation does show the strong cycling culture that exists in Illinois and reflects the important role that cycling has playing in Illinois both historically and currently. The designation also serves as a point of reference that Illinois does place a priority and emphasis on bicycling when lobbying for further changes in the laws to protect bicyclists. And on a personal level for all of us bicyclists this official designation honors our passion and is a source of pride.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. The firm has a main location in Chicago's Loop near the courthouse and also on Milwaukee Avenue in the West Town community.

Bicyclist Killed In Bridgeview In Crash With Motor Vehicle

A bicyclist was killed in suburban Bridgeview on Tuesday evening. The person was fatally struck by the driver of a motor vehicle while either walking or riding their bicycle. The crash occurred on the 87th Street Bridge between Oketo Avenue and 78th Avenue at about 6:50 p.m. The 87th Street bridge is a long bridge with multiple lanes. 

An autopsy of the victim found that the person died of multiple blunt force injuries and the death was ruled an "accident." The use of the term "accident" only means that the crash was not caused intentionally. The term "accident" in this context does not mean that the crash was determined to be unavoidable. In fact, the driver of the vehicle that killed the pedestrian was taken into custody by police and charges are pending.

There are specific sections of the Illinois Vehicle Code that protect individuals, whether they are walking or riding their bike, in situations such as this. Here are a few key sections of the Code:

• Section 11-1003.1 states: “[E]very 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 power and shall give warning by sounding the horn when necessary . . . .”
• Section 5/11-1002(e) states: “Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.”
•  Section 11-601 requires drivers to reduce the speed of their vehicle to avoid a collision.

Our thoughts and prayers are with the victim of this crash as well as their family and friends. 

New Illinois Bicycle Laws Further Help Protect Bicyclists

Illinois Public Act 100-0359

On August 25, 2017, House Bill 1784 was signed into law as Illinois Public Act 100-0359. This new legislation, which was successfully advocated by Ride Illinois, further advances the rights of bicyclists and the role of bicycles in a modern transportation scheme in Illinois. This was a particularly impressive result by Ride Illinois in that the bill received a unanimous "Yes" vote from every voting member of the House and Senate and was signed into law by the Governor. The new law makes the several changes in Illinois bicycle laws within the Illinois Vehicle Code

Providing Bicyclists Enhanced Safety In No Passing Zones

Amends Section 11-703, "Overtaking A Vehicle On The Left," to allow for a motor vehicle to pass a bicycle in a "no passing" zone as long as three conditions are met. First, the bicyclist is going less than half of the posted speed limit. Second, the motor vehicle does not have to speed in order to pass the bicyclists. Third, that the motor vehicles adheres to Illinois' "3-Foot Rule" and gives the bicyclist at least three feet when passing. 

Prior to this change a motorist could face a traffic ticket for passing a bicycle (a vehicle) in a no passing zone. This change alleviates the risk of a driver claiming that the bicycle was causing a "back up" because faster moving motor vehicles could not legally go around the bicyclist. 

Allowing Bicyclists To Legally Ride On The Shoulder 

The new changes also provide that a bicycle may drive on the shoulder. According to the prior version of Section 11-709.1, "Driving On the Shoulder," only emergency vehicles, authorized transit buses, some farm equipment, and service vehicles could legally ride on the shoulder. This change clarifies that bicycles can do what may be the most safe thing in some situations which is to ride on the shoulder as opposed to directly on the roadway.

Clarifies That Rear Red Lights May Be Used Instead Of Reflector 

There was what was probably an unintentional error in the prior version of Section 11-1507, "Lights And Other Equipment On Bicycles," that a rear red reflector was required in all situations. Under the prior law, a rear red light could only be used in addition to the rear reflector. A red light on its own, no matter how bright, was technically not sufficient but a lone red reflector could be. This obviously made no sense practically. Going forward, Illinois bicyclists will be able to "ride legal" with a rear red light without having to also have a reflector. It is the experience of most bicyclists that a rear red light, especially modern LED lights, makes the rider much more visible than just a reflector. 

It is important that we recognize our elected officials in the House and Senate who chose to act as sponsors for this legislation. 


House Sponsors: Rep. Tim Butler, Anna Moeller, Thomas Morrison, Frances Ann Hurley and Dave Severin


Senate Sponsors: Sen. Heather A. Steans - Ira I. Silverstein, Dale Fowler, Jim Oberweis and Cristina Castro


The "heavy lifting" of Ride Illinois in successfully advocating for all Illinois bicyclists cannot be overstated. This legislation is an important part of continually advancing the rights of Illinois bicyclists and advocating for safe bicycling in Illinois. These changes will increase the safety for Illinois bicyclists and reduce the risk of injuries and deaths from bicycle accidents and crashes. Please click here for more information on Ride Illinois and supporting the organization's important legislative and advocacy efforts. 

Bicycle Law Attorney Michael S. Keating

Attorney Mike Keating has extensive legislative experience and a history of fighting for the rights of bicyclists in Illinois. In 2016, he helped draft "Dennis' Law," the landmark legislation that clarified Illinois law to mandate that bicyclists receive the same rights to the "right-of-way" as drivers of motor vehicles and that bicycles were "vehicles." Mike Keating is one of the Chairs of the Legislative Committee for the Illinois Trial Lawyers Association where he reviews all legislation that might affect the rights of those injured in a bicycle crash. In addition, he is the Chair of the Bicycle Litigation Group for the American Association for Justice, the nation's largest trial lawyers organization. Mike previously served as the Assistant Counsel to the Illinois House of Representatives. 

Keating Law Offices

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. Keating Law Offices has recovered millions of dollars on behalf of hundreds of Illinois bicyclists who were injured through no fault of their own while bicycling. The firm is nationally recognized as leaders in bicycle litigation. 

Illinois Bicyclist Killed in Crash with SUV in Hoffman Estates

Southbound Gannon Drive at Golf Road in Hoffman Estates, Illinois

Michael Schoop of Hoffman Estates has died as a result of injuries he sustained on Wednesday when the driver of an SUV did not yield the right-of-way to the bicyclist when the driver exited an access road. According to a report in the Chicago Sun-Times, Michael Schoop was riding his bicycle southbound on Gannon Drive just south of the intersection with Golf Road in Hoffman Estates. As the bicyclist road southbound on Gannon Drive, the driver of an SUV exited what the report refers to as an "access road" and the collision with the bicyclist occurred. 

Images of the location, however, do not show any "access road" and instead depict parking lots to area businesses that have entrances to Gannon Drive. According to Illinois law, the driver of a vehicle exiting a parking lot has the duty to yield to oncoming traffic when exiting. A bicycle, as a "vehicle" under Illinois law, is "traffic." Section 11-1205 of the Illinois Vehicle Code states:

"The driver of a vehicle emerging from an alley, building, private road or driveway within an urban area shall stop such vehicle immediately prior to driving into the sidewalk area extending across such alley, building, entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway." (625 ILCS 5/11-1205)

In January of 2017 "Dennis' Law" went into effect that specifically clarified Illinois law that bicyclists are entitled to all of the "rights," including the right-of-way, as a motor vehicle. Keating Law Offices represented the family of Dennis Jurs in their wrongful death action and were instrumental in the passing of the "Dennis' Law." That fatal crash occurred when a motorist did not stay stopped at a stop sign and instead drover directly into the path of Dennis Jurs who was riding on a road that had no traffic control signals and was supposed to have the right-of-way. 

Mr. Schoop was a resident of Hoffman Estates. He passed away Friday as a result of his injuries in this crash. This is an incredible unfortunate crash that may have been preventable. Instead a bicyclist has lost his life. Our most sincere thoughts and prayers are with the family and friends of Michael Schoop. May he rest in peace. 

Marin Bikes Announces Recall of Mountain Bikes For Risk of Bicycle Accidents

The U.S. Consumer Product Safety Commission (CPSC) has announced the recall of two Marin Mountain Pine Mountain Bicycle models. Approximately 370 Marin Mountain bikes (in addition to 100 that were sold in Canada) are being recalled. CPSC has issued the recall for both Marin Mountain bike models due to faulty rigid front forks that can bend or break during use or while jumping, which causes the rider to lose control and potentially fall or crash while on their bike.

According to the Consumer Products Safety Commission, the two Marin Mountain bike models that have been deemed hazardous are the 2016 Pine Mountain 1 and the 2017 Pine Mountain bicycles. The bikes were sold in five frame sizes and one basic color scheme of a silver painted frame with an orange painted fork. The model name “Pine Mountain 1” (2016) or “Pine Mountain” (2017) is printed on the top tube of the frame and the downtube of the frame has a “MARIN” decal. At least four reports of bent bicycle forks have been reported, including one in the United States and three in other countries. No injuries have been reported, but CPSC recommends consumers should immediately stop using the recalled mountain bikes and contact Marin Bikes at (800) 222-7557 or online at www.marinbikes.com under the “recall/safety” link at the bottom of the page for instructions on receiving a replacement bicycle fork and scheduling a free repair.

If you have been injured in a bicycle accident due to a defective bicycle, you may have a product liability case against the manufacturer of the bicycle or scooter and/or the manufacturer of the components that broke. Please contact Mike Keating at Mike@KeatingLegal.com or (312) 239-6787 (Office) or (312) 208-7702 (Cell) to discuss your case. All initial consultations are done free of charge at your convenience.