Showing posts with label due care. Show all posts
Showing posts with label due care. Show all posts

Wednesday, March 24, 2021

River Forest Cyclist Killed In Crash In Oak Park Near "Share The Road" Sign

The Chicago Sun-Times is reporting that an Oak Park bicyclist by the name of Peter McDonnell tragically died as a result of injuries sustained in a bicycle vs. motor vehicle crash. According to the article, Mr. McDonnell tragically succumbed to the injuries sustained in the crash after days at Loyola University Medical Center. 

The crash occurred on March 9th at the intersection of Division Street and North Harlem Avenue in west suburban River Forest. This intersection is right by Dominican University and is regularly travelled by cyclists. Images of the area show that right on Division Street is a "Share The Road" sign warning drivers of the presence of cyclists and instructing them to give cyclists room on the roadway. 

While details of the crash have not been reported, it is worth noting that the Illinois Vehicle Code generally provides that motorists should give deference to cyclists. Section 11-1003.1 of the Illinois Vehicle Code states that all drivers must "exercise due care" to avoid colliding with any person riding a bicycle. Due care is the legal principle that one should act like any other reasonable person would act when faced with the same or similar circumstances. In other words, Illinois drivers should drive extra carefully around cyclists. 

This is another tragic reminder of the dangers that cyclists face on the roadways and how vulnerable we are when riding. Our most sincere thoughts and prayers are with the family and friends of Peter McDonnell. 

Friday, June 15, 2018

Chicago Bicyclist Killed In Crash In West Town

A Chicago bicyclist was killed while riding his bike on North Ogden Avenue in Chicago's West Town neighborhood. The fatal crash occurred when the driver of a 2014 Lexus turned onto Ogden Avenue from Erie Street. This intersection is near the Ogden overpass over the Kennedy expressway where there is an on ramp for cars merging onto the northbound lanes of the expressway. This stretch of Ogden also connects the neighborhood along Grand Avenue with the River West neighborhood north of the expressway along Chicago Avenue. Due to this, many bicyclists frequently use Ogden Avenue to get over the expressway along this section of Ogden. 

No further details have been provided. The driver of the Lexus was issued a traffic ticket for failure to use due care while operating a motor vehicle. This is a general charge often used by the Chicago Police Department when the exact details are uncertain but there is evidence that the driver was not carefully operating the vehicle. The Chicago Municipal Code explicitly states that drivers must use "due care" to avoid colliding with a bicyclist. Under the law, "due care" means the "care that an ordinarily reasonable and prudent person would use under the same or similar circumstances."

Section 9-40-160 of the Municipal Code states as follows: 
"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." Amended Coun. J. 3-12-08, p. 22781, § 1
This is a sad and tragic loss. Our thoughts and prayers are with the bicyclist and his family and friends.