What Can Be Done To Reduce Bicycle Crashes in Illinois?

Attorney Michael Keating of Keating Law Offices being interviewed by FOX Chicago.

Last Friday, Attorney Michael S. Keating of the Illinois Bicycle Lawyers at Keating Law Offices was interviewed by FOX News Chicago regarding new video technology that can record a bicycle crash in real time. The thrust of the segment was whether technology like this could help bicyclists by keeping motorists (and bicyclists) accountable because they know of the possible presence of video surveillance. In the segment, Attorney Keating noted that a video of a collision could be very beneficial in proving in court who caused a bicycle accident. Keating noted that in most cases where there isn't an independent witness, there is the bicyclist's version of events and the motorist's version of events. The possibility of video footage, especially in cases involving a hit and run,would increase the chances that the offender could be held accountable.

As technology advances and the financial costs associated with it decrease, there will soon be a day where a camera strapped to a bicycle is very commonplace. While this will greatly assist law enforcement agencies and attorneys that litigate bicycle crashes, the threat of video surveillance alone may not have a direct effect on reducing the number of bicycle crashes. After all, most bicycle accidents occur when a motorist makes some unintentional mistake. Unlike a criminal action where a criminal intends to harm another person, most bicycle accidents stem from a "human error," not some malicious intent.

In fact, far too often the refrain from a motorist who hits a bicyclist is "I didn't even see" the bicyclist. This raises the questions of what CAN be done to reduce the number of bicycle crashes in Illinois? Yesterday we posted a lengthy post on the Governors Highway Safety Association's excellent report on the growing number of fatalities nationwide that stem from bicycle accidents. Between 2010 and 2012 the study found that nationwide there was a 16% increase in the number of fatal bicycle crashes.

The report of the GHSA concluded that the following actions, in their professional opinion, would reduce the number of collisions and injuries:

• Implementation or amendment of existing bicycle-related laws and enforcement of those laws;
• Increased education of both motorists and bicyclists;
• Increased and improved bicycle infrastructure and road sharing;
• Efforts to increase use of helmets and the visibility of bicycles and bicyclists;
• Reduce speeds of motor vehicles;
• Reduce drunk bicycling.

As bicycle attorneys in Illinois, we see first hand the devastation that can occur when a bicyclist is involved in a collision with a motor vehicle. We applaud the efforts of the GHSA to give due attention to the very real issues surrounding safe bicycling. The findings of this will ideal serve as crucial information available to legislators to help increase these efforts.

In particular, federal funding that can lead to increased bicycle infrastructure would create roadways and bike lanes that would permanently be more conducive to safe bicycling. Particularly in congested urban areas, the presence of protected or buffered bike lanes can create a "safe zone" between bicycles and motor vehicles that would lead to fewer bicycle collisions. With more funding for these initiatives, the goal of safer bicycling could become a reality.

Victory! IL Law to Require Motorists to STOP for Pedestrians in Crosswalks

The Illinois House and Senate have passed House Bill 0043 which will require motorists to STOP for pedestrians in crosswalks. The law is expected to be signed into law by Governor Quinn and go into effect as soon as he signs it.

The current law is vague and merely says that motorists must "slow down or stop if need be" for pedestrians in a crosswalk. The new law is more clear and definite. It leaves no room for argument as to whether a vehicle slowed down "enough." The law simply says that motorists must stop and yield for pedestrians in a crosswalk. This will make the streets much safer for everyone.

This is a tremendous victory by our friends at the Active Transportation Alliance, formerly known as the Chicagoland Bicycle Federation. The legislative team at Active Trans has worked tirelessly over the past two years to get this bill passed. Attorney Mike Keating was privileged to get to offer pro bono lobbying services on behalf of Active Trans to help spread the message to state legislators and to other community interests about this important law.

Congratulations again to everyone at Active Trans!

Bill Outlawing "Crowding" Bicyclists or Throwing "Missiles" at Bicyclists sent to Gov. Quinn for Signature

Senate Bill 2951 has passed both the Illinois Senate and the Illinois House. The bill will now be sent to Governor Quinn for signature. The bill 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. Given the broad support of this bill and Gov. Quinn's willingness to protect bicyclists, this bill is expected to be the law in Illinois soon. Ideally it will be put into law in time for this summer's busy bicycling season.

This bill will 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 final version of the bill 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.
  

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.

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.

Philadelphia Proposes Tougher Bike Laws. Could Chicago Be Next?

In the wake of two Philadelphia pedestrians being killed in the past month as a result of collisions with bicyclists, two Philadelphia City Councilmen have proposed legislation that would implement tougher standards for bicyclists on their city streets. The proposed legislation would do the following in Philadelphia:

• Increase the fine for riding on the sidewalk from $10 to $300;
• Increase the fine for riding a bicycling with headphones on from $3 to $300; and
  
• Implement a fine of $1,000 or confiscation of a bicycle if it is without brakes.
  

This raises the issue of whether we could see laws like this in Chicago or even statewide. The answer is "possibly." Legislators tend to be "copycats" and borrow legislative ideas from other cities or states. If this legislation gets passed in Philadelphia, I would not be surprised to see something similar in Illinois.

Chicago has already increased the fine for those who ride on the sidewalk on Sheridan Road at the end of Lake Shore Drive in Chicago. Ald. Ed Burke of Chicago has previously proposed legislation that would "outlaw" bikes without brakes. His legislation specifically targeted "fixies". And it would not be at all surprising to see a law that fined riders who were listening to headphones while riding. Add in the fact that municipalities and states are having budget woes, and the opportunity to generate revenue from fines makes new legislation all the more tempting.

EDIT: The AP is reporting that Philadelphia police officer are now cracking down on bicycle scofflaws. Interestingly, this is being done even before the aforementioned tougher penalties are implemented. There is clearly a change in public policy in Philadelphia regarding bicyclists in the aftermath of the two recent bicycle-related deaths.

Illinois Crime Victims Compensation Act Now Protects Bicyclists

Gov. Patrick Quinn has signed into law an amendment to the Illinois Crime Victim Compensation Act. Public Act 96-0267 provides that pedestrians or bicyclists who are injured or killed in hit-and-run collisions are now considered victims of a "crime of violence" under the act. Previously, victims of hit-and-run collisions were not considered victims under the the Crime Victim Compensation Act.

This amendment to the Illinois Crime Victim Compensation Act allows for victims who have no other avenue of recovery to request compensation from the Illinois Crime Victim Compensation Act. This is particularly important in instances where the victim is not covered by insurance and the perpetrator of the hit-and-run cannot be located. In these instances, the Crime Victim Compensation Fund may be the only chance for a victim of a hit-and-run to receive any kind of compensation for their injuries.

If you have been the victim of a hit-and-run collision or have any questions about this post please contact Attorney Mike Keating at mkeating@keatinglegal.com or 312-208-7702.

Illinois Bans Text Messaging While Driving After Death of Bicyclist

In September of 2006, 25 year old Matt Wilhelm was an Illinois bicyclist riding his bike on the shoulder of a downstate road. Matt was known as a conscientious and safety minded rider. He rode to the side of the road and always wore his helmet. But what Matt was unable to plan for was a teenage driver who swerved off of the roadway onto the shoulder and struck Matt on his bike. The teenage driver, by some accounts, blamed her actions on the fact that she was text messaging while driving and became distracted.

This is a horrific story and an unfortunate one that illustrates the dangers of text messaging while driving. Governor Quinn has signed into law Public Act 96-0130 banning "texting while driving." This law is known as "Matt's Law" in honor of Matt Wilhelm and was previously discussed in a post you can find here. The new law amends the Illinois Motor Vehicle code to ban not only texting, but also any "electronic message" such as instant messages, texting, e-mailing, or accessing an internet site.

The law provides some exceptions for police officers and truckers who rely on electronic information, but for the bulk of drivers in Illinois, if you are caught "texting while driving" you will face a ticket. Text messaging and other forms of distracted driving have been shown in study after study to greatly increase the risk of traffic accidents. These new laws are examples of the legislature appropriately addressing new technological issues in the interest of protecting the health, safety and welfare of its citizens.