The Case of Trenton Booker

Trenton Booker was like a lot of 13-year old boys. On May 22nd he reportedly snuck out of his house so he could ride his bike with friends. On that night he was riding his bike down Ashland Avenue near its intersection with 81st Street on Chicago's South Side. As Trenton approached the intersection, he was struck by a Dodge Charger driven by an off-duty police officer. Witness reports state that the Dodge Charger never slowed down and struck Trenton with such force that it threw the boy over 50 feet in the air, coming to rest by a nearby gas station. Trenton was reportedly dead on impact. The Dodge Charger sped from the collision scene.

The off-duty police officer, Richard Bolling, has been charged with driving under the influence of alcohol, leaving the scene of an accident where a death or injury occurred ("hit-and-run"), driving in the wrong direction on a one-way street and transportation of alcohol.

At the criminal trial, Bolling will either plead not guilty and ask for a trial or accept a guilty plea. But what about in a civil case? What remedies are available to the family of Trenton?

The initial inquiry involves what insurance coverage is available to Trenton's family. In all likelihood Bolling had an automobile insurance policy as required under Illinois law. However, Illinois law only requires "minimum" automobile insurance in the amount of $20,000 per individual and $40,000 for an entire occurrence where more than one person may have been hurt. Insurance policies can run into millions of dollars, but policies with higher limits typically are those associated with commercial policies on delivery vehicles, company cars, and situations like that.

Beyond the available insurance coverage, Trenton's family may also attempt to proceed with a claim for punitive damages. Punitive damages are those beyond the pain and suffering of Trenton prior to death and the loss suffered by the family. Punitive damages are "punishment" for the actions of a defendant.

Section 2-604.1 of the Illinois Code of Civil Procedure provides that a plaintiff may request the judge, through a pre-trial motion, to allow them to seek punitive damages if there are "facts sufficient to support an award of punitive damages." The kind of facts the court looks for are those of reprehensible conduct above and beyond typical negligence when someone may have just made a mistake.

If the facts of this case as they have been reported are true, then this is a clear example of a case where punitive damages may be sought. The driver was allegedly drunk, speeding, and fled from the scene after striking a child riding his bike in the street. Insurance companies do not typically provide coverage for punitive damages so the individual defendant is usually personally responsible for satisfying any judgment that includes punitive damages.

By any estimation, it is unlikely that any settlement or verdict could even attempt to ease the pain to Trenton Booker's family. But fortunately Illinois law does provide that the family may recover for their loss, and have a chance of punishing behavior such as the behavior that has been reported in the news in this case.

Chicago's Helmet Lady Raises Awareness of Need for Helmets

Chicago's "Helmet Lady," Kathy Schubert of the Lincoln Park neighborhood has made it her personal mission to preach the practice of bicyclists wearing a helmet. (Read the June 8th Sun-Times article here).

The "Helmet Lady" is also an artist of sorts who has compiled a "Helmets that Saved Lives" website. This website shows photographs from riders who were involved in a bike accident and their helmet prevented injury by absorbing the impact. Best of all, the website shares the stories of the riders who were saved by their helmets. These stories involve individuals as disparate as weekend warriors and Lance Armstrong.

Illinois law does not require bicyclists to wear helmets. However, it is entirely possible that legislation could be enacted in Illinois. Within the past couple of years Illinois cyclists have seen changes in the Rules of the Road related to how to properly signal a turn, the lights required on a bicycle, and rights of bicyclists on the road. These legal changes demonstrate that the Illinois legislature (and local municipalities) are paying attention to bicyclists as the numbers of riders increase. Motorcycle riders throughout the United States saw an increase in legislation requiring them to wear a helmet for their own safety, and to reduce the medical care costs incurred by the States when uninsured riders needed medical care that would have been prevented by a helmet. If there is an increase in uninsured riders who suffer serious (and expensive) injuries while riding, it could be only a matter of time before bicyclists are required to wear a helmet.

There is no disputing the effectiveness of a bicycle helmet in preventing injury. There is an urban legend that helmets can cause an injury because of its awkward design. This is false and based on shoddy and unreliable science. To read a more reliable and scientific study see this New England Journal of Medicine study that concluded that bicycle helmets have a 85-89% effectiveness in reducing brain injuries, especially in children.

Then again, don't just trust the New England Journal of Medicine. Just ask the "Helmet Lady" or any of the riders who wrote her detailing how their helmet saved their head.

REI Recalls Trionfo Road Bikes

Recreational Equipment Inc. (REI) of Washington state has announced a recall of Novara Trionfo road bikes (pictured to the left). The bikes have carbon fiber Aprebic forks.

There have been two reported incidents of the Aprebic forks separating from the steerer tube (the tube that inserts into the frame). In the defective bikes, the separated steerer tube causes the front fork and wheel to disassemble from the bike and the rider to fall. There have been two incidents involving the Novara road bikes with reported injuries.

This is the second recall by REI of one of its bicycles in the past couple of months. In May REI announced the recall of Dahon folding bikes. In that case the Dahon folding bikes had a faulty hinge at the handlebar that was capable of breaking.

A large number of posts on the Illinois Bicycle Law weblog have been devoted to reported the number of defective bicycles on the market. Many of these defective bicycles that are the subject of recalls have been by some of the best known and most trusted names in the business. And this illustrates an important point: no matter who makes the bike, it is a machine, and machine can break due to poor maintenance, inadequate design, or faulty manufacturing. Because of this, Illinois law provides a recourse to those injured by defective bikes through a case based on product liability.

A consumer may bring a case for their injuries when the bike or one of its parts is unreasonably dangerous, and that dangerous condition led to the injury. The law in these cases is often complicated and multifaceted. If you have been injured because of what you believe to be a faulty bicycle, please contact Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com.

Cannondale and Trek Recall 17,500 Bikes with JD Forks

Trek Bicycle Corp. of Wisconsin has announced a recall of 16,000 mountain bikes with forks manufactured by JD Components (Taiwan). Trek bikes with the potentially defective forks include 2009 model 7300, 7300 WSD (women's frame) and 7500 bikes. These bikes have the label BONTRAGER SPA on the forks. These bikes were sold in retailers between August of 2008 and April of 2009.


Cannondale has also announced a recall of 1,500 of its bikes with forks manufactured by JD Components (Taiwan). The recall includes 2008 Cannondale Adventure 2 and Adventure 3 men's and women's models. These bikes were sold through Cannondale bicycle dealers between February of 2009 and April of 2009. The Cannondale bikes have the label CANNONDALE AT35 ADVENTURE TRAIL on the fork.

The recalls stem from four reports of the JD Components fork misaligning on Trek bikes. A misaligned fork causes the bike to turn unexpectedly and may result in the rider falling and getting injured. No reports of injuries have as of yet been associated with a Cannondale bike with the JD Components fork.

This incident raises a common issue in product liability cases that involve a particular component; the manufacturer of the component may be totally different than the manufacturer of the bicycle or the company whose name is on the product. In this case the alleged defective product, the suspension fork, was manufactured in Taiwan by a company named JD Components. However, the forks were labeled as "Bontrager" or "Cannondale" and sold on Trek brand and Cannondale brand bikes. It is important to remember that if you have been injured on a bicycle, there may be several companies that share in the responsibility for an injury that you may have suffered.

A defective or damaged bicycle that causes an injury to a rider may be the basis for a product liability claim. If you have been injured while riding a bicycle, please contact Michael Keating at 312-208-7702 or MKeating@KeatingLegal.com.

Norco Recalls Bike Frames Due to Risk of Cracking

Norco Performance Bikes of British Columbia, Canada has announced a recall of 2007 and 2008 Team DH, Aline Park, Aline, Atomik, Shore 1,2,3 Atomik models because the bicycle frames may crack while in use and lead to an injury. Norco is asking all riders to stop using bicycles with these frames and to contact a Norco dealer or Norco directly about a replacement frame.

A bicycle frame that may crack and separate is a very serious defect. A defective or damaged bicycle that causes an injury to a rider may be the basis for a product liability claim. If you have been injured while riding a bicycle, please contact Michael Keating at 312-208-7702 or MKeating@KeatingLegal.com.

Cab Strikes Bicyclist in Grant Park

The Chicago Sun-Times is reporting that a Chicago bicyclist was critically injured at an intersection in Grant Park. The bicyclist was struck while riding eastbound on Balbo across Columbus Drive. The cab, which is reported to have had the right of way, was travelling northbound on Columbus Drive across Balbo.

This is another tragic example of the responsibility of bicyclists to adhere to all of the rules of the road. Bicyclists have all of the same duties and responsibilities under the law as motorists. Section 11-502 of the Illinois Rules of the Road reads as follows:

Sec. 11‑1502. Traffic laws apply to persons riding bicycles.

Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Code, except as to special regulations in this Article XV and except as to those provisions of this Code which by their nature can have no application.

Chicago Tribune writer offers "8 Rules of Butt Preservation"

The "Eight Rules of Butt Preservation" are the basis of the biking wisdom gained by Kevin Williams over 26 years covering 280,000 miles on his bike. Here's Kevin's 8 Rules, followed by 5 extra from IllinoisBicycleLaw.com for a "baker's dozen" of tips to keep you safe while riding in the Windy City:

Eight Rules of Butt Preservation:

1. Establish best practices. Do everything in a safe, defensive manner. Obey traffic laws—period. Signal your intentions with hand gestures, and never be the first one into the intersection (cars run red lights too).
2. Never be where you aren't expected. No zipping between cars, scooting by on the wrong side of turning traffic or riding on the sidewalk, which is illegal for anyone past the age of 12, by the by. Wrong way down a one-way street? You know better.
3. Be smooth and predictable. Ride as straight a line as possible, no weaving, no swerving. Most drivers are as freaked out about you as you are about them. Predictability helps everyone.
4. Be a politician. Make contact, from saying "good morning" or nodding if you make eye contact to looking at drivers as you maneuver in traffic. Stump for votes and bonhomie as politicians do. No, cyclists shouldn't have to. So suck it up.
5. It isn't you. Motorists don't hate you. They want to get from Point A to B as quickly as possible, and hate any impediment to that progress, which is everything else on the road, including you. Not taking it personally will make the following tip easier to manage.
6. Never, ever engage. If an angry driver does something dumb, chill. Let that person find someone else to fight. If the problem escalates, you could lose—ugly. Being right won't console you as you're lying on the pavement.
7. Manage your space. Place yourself in the road in a way that defines your space. This includes things such as riding on the left edge of the bike lane to leave space for car doors, and moving a foot or so to your left when approaching an intersection to prevent the right turn across your front.
8. Be vivid. Unnatural colors are highly visible. Use head and tail lights from dusk on; go supernova if you have to. (See: IllinoisBicycleLaw.com post on this issue).

Five more Rules of Butt Preservation from IllinoisBicycleLaw.com:

1. Take the safest route. Only birds fly in a straight line. If there is a route that involves a few more turns or a little bit of a longer ride, but gets you out of heavy traffic or into a bike lane, error on the side of safety and take the safest route. A couple of minutes of time isn't worth a couple of days in the doctor's office.
   
2. Signal your intentions. Sometimes I think the most commonly used hand signal involves solely the middle finger. The Illinois General Assembly recently amended the laws to make signaling a lot easier to recognize. Take advantage of it. (See: IllinoisBicycleLaw.com post on this issue).
3. Use your "height." Even the smallest of stature are taller than a car when on a bike. Use this to your advantage. "Look alive" as they say in sports; keep your eyes active and moving and stay aware of your surrounding. Also remember that just because you see a car doesn't mean they see you in return.
   
4. Take a brake. Remember the "Two Second Rule" from Driver's Ed in high school? Utilize it on your bike. Always be aware of how much room you will need to stop. Ask yourself, "if that car slams on its brakes, can I stop in time?" Under the law, you have a duty to be able to stop. If you rear end a car, no matter what the car did, chances are the police and the insurance companies will view you as the one who was wrong.
5. Trust your instincts. That "gut feeling" you get or the "little voice in your head" are actually your instincts at work. Your instincts have been honed over thousands of years of evolution, fine tuned during times when your ancestors faced life and death risks every day and your body and mind evolved to meet these challenges. These instincts are now part of your hard wiring. Use your instincts to your advantage. If that truck "feels" like it is acting weird and creeping up on you unnecessarily, it probably is. Does that car "look" like the driver is driving drunk? Might be the case. Never tell yourself you are overreacting; it is better to be safe than sorry.
   

If you have any questions regarding this post, bicycle law in Illinois, or even personal injury law in general, please contact Attorney Mike Keating at MKeating@KeatingLegal.com or 312-208-7702. All initial consultations are free.

REI and Dahon Recall Folding Bikes

REI and Dahon bicycles has announced a recall of 2008 Dahon and REI Novara folding bicycles. The recall stems from 25 reports of the hinge on the handlebar post cracking and causing a risk of falls and injuries.

Bicycles such as these became very popular in the summer of 2008 as gas prices escalated and commuters looked to convenient and lightweight collapsable bicyles such as these. However, consumers have a right to expect that these products are safe and meet industry standards for bicycles. While a collapsable bicycle may be "short," that doesn't mean the manufacturer may take "short cuts" when it comes to quality control, design, or manufacturing.

A defective or damaged bicycle that causes an injury to a rider may be the basis for a product liability claim. If you have been injured while riding a bicycle, please contact Michael Keating at 312-208-7702 or MKeating@KeatingLegal.com.

German suburbs opts to be "Car Free"

There is often an ongoing conflict between avid bicyclists and the status quo that accepts (if not altogether embraces) automobiles. At the heart of this conflict is a belief that the world might be better off with fewer automobiles and more bicycles. In Vauban, Germany, the city planners have created such a world.

Cars, driveways and garages are all banned in this experimental small town. The New York Times has an article on Vauban that you can find here.

The town is set up much the same way that Daniel Burnham envisioned Chicago when he made the "Burnham Plan." Burnham's idea was that neighborhoods would be set up with major retail/industrial streets, and then be divided and subdivided by smaller streets that had local shops and taverns, all within easy walking (or biking distance) of any individual home with a neighborhood. After World War II and the emergence of the middle class and more affordable automobiles, America saw cities explode outward into the suburbs and society became more and more reliant on their cars and trucks.

As a legal matter, litigation over automobiles and automobile-related accidents has caused a massive increase in litigation. Unfortunately, in the modern world, many (if not most) of the people that are injured because of automobile accidents. It is not a stretch to argue that fewer cars and better urban and suburban planning could lead to fewer injuries and fewer lawsuits.

Specialized Announces Second Recall of Bikes

Specialized Bikes of California has announced the second recall of its bikes this week. Specialized has now announced the recall of approximately 3,000 Roubaix Comp and Roubaix Pro road bikes. The recall is due to the a potentially faulty cable stop on the bike which can loosen and, in turn, cause the rider to fall from the bike and sustain injuries.

According to the Consumer Products Safety Commission, the following bicycles are involved in this recall:

2004 Roubaix Comp 18, 2004 Roubaix Comp 27, 2004 Roubaix Pro 18, and 2004 Roubaix Pro frameset models. Only bicycles with a single rivet fastening the cable stop to the frame are subject to recall. The cable stop is attached through bonding materials and a single rivet mounted at the front of the bicycle. The cables pass through eyelets in the cable stop on the down tube. Bicycles with a double rivet fastening the cable stop to the frame are not subject to recall. The model names of the recalled bicycles can be found on the top tube of the bicycles.

Specialized asks riders to immediately stop using these bikes and bring them in for a free repair at an authorized Specialized dealer.

The first recall this week of Specialized bikes involved the handlebars on approximately 14,000 Specialized bikes sold in 2008 and 2009.

If you have been injured in a bicycling accident due to a faulty bicycle, you may have a product liability case against the manufacturer of the bicycle and/or the manufacturer of the bicycle components that broke.

Please contact Mike Keating at MKeating@KeatingLegal.com or 312-208-7702 to discuss your case. All initial consultations are done free of charge at at your convenience.

Specialized Recalls Bikes Due to Fragile Handlebar

Specialized Bicycle Components, Inc. of Morgan Hill, California has announced a recall of about 14,000 2009 Specialized Bicycles sold in the latter half of 2008 and into 2009.

As reported by the Consumer Products Safety Commission, this recall involves HL handlebars on the following 2009 Specialized bicycles: Cross Trail Comp, Myka HT Comp, Myka HT Elite, Rockhopper, Rockhopper Comp and Rockhopper Comp 29. The model number of the HL handlebar is ALR-13 NTFOV and is located underneath the right hand grip of the handlebar.

Specialized requests that riders stop using the bikes immediately and contact a Specialized dealer for a free handlebar replacement. If you have been injured using a Specialized bicycle (or any other bicycle that breaks) please contact Mike Keating at MKeating@KeatingLegal.com or 312-208-7702 to discuss your legal options.

Details Emerge on Bicycle Commuter Tax Credits

As discussed in this prior IllinoisBicycleLaw.com post, the 2008 "Bailout Bill" included tax credits for bicycle commuters. These tax credits are officially known as "Bicycle Commuting Reimbursements." However, until recently the details on this were unclear. The IRS has released Publication 15-B (2009) which offers guidance for how the program should work. This New York Times article offers further details as to how many mid-sized companies are utilizing the tax credits as well as the future for transportation tax credits that may include tax credits for those who bike and take mass transit. Here's the pertinent section from Publication 125-B (2009): Qualified bicycle commuting reimbursement. For any calendar year, the exclusion for qualified bicycle commuting reimbursement includes any employer reimbursement during the 15-month period beginning with the first day of the calendar year for reasonable expenses incurred by the employee during the calendar year. Reasonable expenses include:

• The purchase of a bicycle and

• Bicycle improvements, repair, and storage.

These are considered reasonable expenses as long as the bicycle is regularly used for travel between the employee's residence and place of employment.

Employee. For this exclusion, treat the following individuals as employees.

• A current employee.

• A leased employee who has provided services to you on a substantially full-time basis for at least a year if the services are performed under your primary direction or control.

A self-employed individual is not an employee for qualified transportation benefits.

Exception for S corporation shareholders. Do not treat a 2% shareholder of an S corporation as an employee of the corporation for this purpose. A 2% shareholder is someone who directly or indirectly owns (at any time during the year) more than 2% of the corporation's stock or stock with more than 2% of the voting power. Treat a 2% shareholder as you would a partner in a partnership for fringe benefit purposes, but do not treat the benefit as a reduction in distributions to the 2% shareholder.

Relation to other fringe benefits. You cannot exclude a qualified transportation benefit you provide to an employee under the de minimis or working condition benefit rules. However, if you provide a local transportation benefit other than by transit pass or commuter highway vehicle, or to a person other than an employee, you may be able to exclude all or part of the benefit under other fringe benefit rules (de minimis, working condition, etc.).

Exclusion from wages. You can generally exclude the value of transportation benefits that you provide to an employee during 2009 from the employee's wages up to the following limits.

• $120 per month for combined commuter highway vehicle transportation and transit passes.

• $230 per month for qualified parking.

• $20 per qualified bicycle commuting month.

Qualified bicycle commuting month. For any employee, a qualified bicycle commuting month is any month the employee:

1. Regularly uses the bicycle for a substantial portion of the travel between the employee's residence and place of employment and

2. Does not receive:

   1. Transportation in a commuter highway vehicle,

   2. Any transit pass, or

   3. Qualified parking benefits.

Benefits more than the limit. If the value of a benefit for any month is more than its limit, include in the employee's wages the amount over the limit minus any amount the employee paid for the benefit. You cannot exclude the excess from the employee's wages as a de minimis transportation benefit.

Bill to ban "DWT" (Driving While Texting) passed by Illinois House.

The Illinois House of Representative has passed a bill that would ban drivers from text messaging, sending emails, updating Facebook pages and the like while driving. The bill now moves to the house where, if passed, it would be presented to Gov. Quinn for approval and could become law throughout Illinois.

Here's a summary of House Bill 71:

• The bill bans the use of any electronic device including cell phones, PDAs, and laptops. It does NOT ban the use of GPS systems.
• The ban covers Text Messages (TMs) as well as any other "electronic message" such as an email or a post on a social networking site.
  
• There is an exception for reporting "emergency situations", for any device that allows for "hands free" messaging, and for commercial drivers that have permanently installed communication devices on their trucks/cars.
  

Family of Chicagoan killed in Bike vs. Car collision plans memorial

As detailed in this Chicago Tribune article, the family of Tyler Fabeck plans to hold a memorial at the intersection of Western and Kedzie in Chicago's Logan Square neighborhood when Tyler was killed in 2008.

This intersection of the City is extremely congested and hazardous to any commuter, let alone one traveling by bicycle. This tragic story is also a reminder that bicyclists are at risk as their numbers increase. Tyler's 16-year-old sister, Tess, summarizes the situation well in an email she wrote to the Chicago Tribune:

"While you can create as many bike lanes and safety measures and ordinances as you want, nothing will change unless drivers start to wake up and realize that they are not alone on the road, and that they are not entitled to it any more than cyclists."

Chicago police to crack down on drivers who do not stop in crosswalks

The Chicago Sun-Times is reporting that the Chicago Police Department is starting an undercover sting to catch drivers that do not slow down for pedestrians in crosswalks. This is the third year that the police department has started to crackdown on drivers that do not yield for pedestrians as a part of its "Safe Streets" program. The Chicago Municipal Code and the Illinois Motor Vehicle Code both require drivers to yield for pedestrians.

Senate Bill 030, currently pending in Springfield, would "beef up" the protections for pedestrians in crosswalks. The bill would require that vehicles stop for pedestrians in crosswalks and not just yield. This change in the law would make the law clearer and enhance protections for pedestrians (and bicyclists) who are at a natural disadvantage against a motor vehicle.

If you have been injured as a pedestrian or bicyclists, please contact Mike Keating at MKeating@KeatingLegal.com or 312-208-7702 to discuss your legal options.

Encourage your workplace to join "Bike to Work Week"

The Active Transportation Alliance (formerly the Chicagoland Bicycle Federation) has started its campaign to get Chicagoland companies to join in its Commuter Challenge for Bike to Work Week on June 13th - June 19th.

Besides the usual health benefits, commuting to work also saves time and money. As posted on the Bicycle Law in Illinois blog before, recent changes to the IRS Code allow for tax credits for commuting via bicycle.

Cannondale Announces Recall of "Model Six" Road Bikes

Cannondale has announced a recall of several of its road bikes. The Cannondale road bikes, manufactured in Taiwan, fail to meet the federal standards for bicycles that require spoke protector discs. Spoke protector discs prevent the bike chain from hitting the spokes on the back wheel and causing the bike to come to an unexpected, and dangerous, stop.

A bike that fails to meet the federal standards, or even well accepted industry standards, may be considered "unreasonably dangerous" under Illinois law. If you have been injured in a bicyling accident, please contact Mike Keating at MKeating@KeatingLegal.com or 312-208-7702.

The recall includes Cannondale "Six" road bikes which can be identified by the graphic letters "Six" emblazoned on the top bar of the bike. Here's a picture of one of the Six models:

What's the "RIGHT" Way to Use Hand Signals While Biking?

I received this email from Paul P. in Champaign regarding proper hand signals for IL Bikers:

Hi -
I'm a year-round daily cycle commuter in Champaign and was wondering
if you'd be able to answer a question about whether or not it is legal
for a cyclist to extend their left arm out with three fingers extended
as a way to let a motorist know the cyclist is nervous about the
motorist passing too closely ? As a reference, I've measured my arm
and it's approx 18" from finger tip to arm pit.

Is this something we as cyclist could look to have added as a legal
hand signal if it's not already ? Thanks in advance -Paul P.

This is a timely question as last year the Illinois General Assembly passed a series of changes to the Illinois Vehicle Code as it relates to bicycling. You can see a summary of those changes in this Bicycle Law in Illinois post.

A bicyclist properly signals a LEFT TURN by extending their left hand and their arm horizontally (straight out).

A bicyclist properly signals a RIGHT TURN by extending their left hand and arm upward (in an "L" shape) OR by extending their right hand and arm horizontally and to the right side of the bicycle (straight out and to the right). Prior to last year's changes in the law, a right turn could only be signaled with the "L" signal with the left arm/hand. With the changes a bicyclist can essentially "point" with their left or right arm which direction they intend to turn.

A bicyclist properly signals a STOP or SLOW DOWN (a bicyclist's "brake lights" so to speak) by extending their
left arm out with their left hand pointing down.

It is the law in Illinois that motorists MUST keep a minimum of 3 feet between their vehicle and a bicyclist when trying to pass. This 3-foot distance also takes into consideration that bicyclists need only ride as close as is practicable AND safe from the curb. The clear intention of the legislature in amending these laws was to make the roads safer for bicyclists and enact legislation that enforces drivers to respect bicyclists.

As to Paul P's question, he may signal to drivers that they are too close by extending his arm and signaling with 3 fingers that the driver is too close. However, I would not recommend it and there is no Rule of the Road currently in the law that requires this. An extended left arm with or without 3 fingers extended too closely resembles the current hand signal for a left turn. The problem, therefore, is that you intend to warm the driver to keep their distance, but they think that you are signaling a left turn.

Bicyclists are entitled to a fair and equal use of the roadways. Illinois as a state has made great strides in enacting legislation that protects bicyclists. However, if your rights as a bicyclists have been violated and have resulted in an injury from a bike accident, or you have any questions about this blog entry, please contact Mike Keating of Keating Law Offices at MKeating@KeatingLegal.com.

Salsa Bicycles Recall Bikes Due to Defective Handlebar Stems

Salsa Bicycles of Minnesota has announced a recall of bicycles because of handlebar stems that may fracture.

There have been three reports of fractures and one of those incidents led to a rider getting injured. Injuries that are due to a part of a bike breaking or not working properly may be the basis for a product liability case against the manufacturer and/or seller of the bicycle or bicycle part.

If you have been injured in a bicycling accident, please contact Mike Keating at Keating Law Offices at MKeating@KeatingLegal.com.

Marzocchi Recalls Mountain Bike Forks

High-End Italian manufacturer Marzocchi is recalling several models of mountain bike forks that could compress on a hard landing and lead to injury. There have been eight incidents (outside of the US) where this has occurred. As a result, Marzocchi has chosen to recall all of the forks.

As mentioned repeatedly on this blog, bicycle manufacturers (and bike shops) have a responsiblility to only sell bikes and bike parts that are safe. Bike parts that fail when used in a normal way and lead to an injury may be the basis for a product liability case.

If you have been injured while bicycling and wish to discuss your case, please contact Mike Keating at MKeating@KeatingLegal.com or 312-208-7702.

Mavic Announces Recall of Wheels with Spokes that Break

USA bicycle company Mavic has announced a recall of 12,000 front wheels that were manufactured in France. Mavic is recalling R-SYS and R-SYS front wheel rims that were sold on many different brands of road bikes.

After a rider broke his front teeth after the front Mavic wheel on his bike broke, Mavic determined that there was a risk for this happening on other wheels as well. An injury such as this where a rider is injured due to a defective product is an example of a potential product liability case. A product liability case may be brought when you are injured because of a product like a wheel breaking or a product that is unreasonably dangerous for its intended use. If you have been injured in a bicycle accident and wish to discuss whether you have a case, please contact Mike Keating at mkeating@KeatingLegal.com or 312-208-7702.

Giant Announces Recall of Bicycle Forks on High-End Bikes

The Giant bicycle company has announced a recall of bicycle forks from its 2009 line that it manufactures because one of the forks broke unexpectedly. This is a voluntary recall that involves 2009 TCR Advanced SL Team, SL 0, SL 1, SL 2, and SL (ISP) model bicycles and frames in silver, charcoal, blue and red. The words Giant and TCR Advanced SL are printed on the frame.

These high-end bikes were sold by authorized Giant Bicycle dealers nationwide from August 2008 through December 2008 for between $3,300 and $7,500.

Giant requests that riders stop riding the bikes right away and contact a dealer for a free inspection and replacement fork.
Details can be found at the Giant
bicycles website linked above.

Chicago Alderman Proposes Increase in Cell Phone Fines

City of Chicago Alderman Vi Daley, from Chicago's North Side, has proposed that the fine for driving while talking on a cell phone be increased from $75 to $100. In a story reported by the Chicago Sun-Times Ald. Daley's proposed amendment to the City ordinance would also increase the fine for accidents that occur while the person is on the phone from $200 to $500.

Anyone who rides on the City's streets knows that cell phones are a big problem. Riding a bike allows you to easily see inside of cars and it is astounding how many scofflaws don't adhere to this ordinance.

However, talking on a cell phone is only part of the issue. The City (and the State) need to address people texting and surfing the internet on the handheld devices. These activities require the person to look at the device and navigate it at the same time. This is at least as distracting as talking on a cell phone, if not even worse.

Here's the current ordinance:

9-40-260 Use of mobile telephones.

(a) Except as provided by subsection (b) of this section, no person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone.

(b) The provisions of the ordinance shall not apply to:

(1) Law enforcement officers and operators of emergency vehicles, when on duty and acting in their official capabilities*.

(2) Persons using a telephone with a “hands free” device allowing the driver to talk into and listen to the other party without the use of hands.

(3) Persons using a telephone to call 911 telephone numbers or other emergency telephone numbers to contact public safety forces.

(4) Person using a telephone while maintaining a motor vehicle in a stationary parked position, and not in gear.

(c) Any person who violates subsection (a) of this section shall be subject to a fine of $75.00, provided however, that if a violation occurs at the time of a traffic accident, the driver may be subject to an additional fine not to exceed $200.00.

(Added Coun. J. 5-11-05, p. 49146, § 1; Amend Coun. J. 2-8-06, p. 70058, § 1)

*Editor’s note – As set forth in Coun. J. 5-1-05, p. 49146, § 1. Correct text appears to be “capacities.”

Chicagoland Bicycle Federation Transitions into the Active Transportation Alliance

The Chicagoland Bicycle Federation has announced that it has expanded its mission and will now operate as the Active Transportation Alliance. For over 25 years, the Chicagoland Bicycle Federation has been a model civic organization. The CBF was visionary, a strong advocate and fun. As a result, the CBF was able to keep up with the popularity of biking in Chicagoland and effectively change the biking culture in Chicago. Those are some big accomplishments, and while there is some initial dissention in the ranks that the CBF should remain "as is", I think the CBF deserves the benefit of the doubt.

The Active Transportation Alliance will expand on the CBF's mission and work to increase the safety for pedestrians in Chicagoland and advocate for affordable, reliable and safe public transportation.

The author of this blog, Mike Keating of Keating Law Offices, P.C., is working with the CBF/ATA to push the initiatives of the Illinois Legislature's Distracted Driver Task Force.

The weather outside is frightfull, but on your bike it's sure delightfull..............

Winter has descended upon us in Illinois, and with it most people put their bike away in the garage or down in the basement until the snow melts. It is perfectly legal and appropriate to continue to ride in the winter, even if there is snow on the ground.

Winter can be the best time to ride. If the streets are clear and you are dressed properly, you can ride sweat free and comfortable. Even if the winter brings snow, you can still ride your bike through the winter.

Here are some key things to remember:

• Get fenders. They'll keep the winter elements on the street and off of you;
• Dress smart. This means moisture-wicking, waterproof clothing. Layers are also good for adjusting to the ever-changing temperatures in Illinois;
• Be seen. It gets dark early in Illinois during the winter. Make sure you have a headlight, tail reflector, and extra reflective tape and lights so that you are seen. See my earlier post on this legal issue here.
• Make sure you have tires that can grip and brakes that can clamp. If there is a lot of rain/sleet/snow this is even more important.
• Keep the moving parts on your bike well lubricated. This prevents rust and keeps everything moving so you can ride through the winter and right into spring.

Check out the website for Chicago Bike Winter for tips and events to enjoy biking through the year.

Shimano Recalls "Dura Ace" Wheels

The United States Consumer Product Safety Commission announced a recall of all Shimano Dura Ace Carbon Clincher Wheels for Bicycles. This is a voluntary recall for all Dura Ace Carbon Clincher Wheel Sets with model number WH-7850 C24CL sold for road racing bicycles. The recall was issued because the surface of the rim and the spoke hole plugs can cause a puncture to the inner tube and cause the tire to go flat. Obviously, a flat tire can result in loss of control and a fall over the handlebars by the rider.

An injury in an instance like this could be the basis for a product liability case against the manufacturer. Product liability cases may be brought when a person uses a product in a normal way, but it turns out the product was unreasonably dangerous and the person ends up getting injured. Obviously, a tire, which is supposed to be stable and inflated, would be unreasonably dangerous if it unexpectedly went flat. According to the U.S. Consumer Product Safety Commission there have been no reports of an injury from the Shimano rims.

Nonetheless, you can't trust that just because a bike part is new that it is good. Be your own best advocate and always inspect parts for your bike. When in the shop take a minute and look over your purchase before you buy it. This may seem like common sense, but a few moments of your time may lead to you realizing you got that bad apple of the bunch.

If you have been injured in a bike accident or by a defective product, contact Mike Keating at mkeating@keatinglegal.com or Keating Law Offices at 312-208-7702.

Report Bike Lane "Scofflaws"

One of my favorite episodes of Seinfeld is "The Scofflaw," where Newman was the "great white whale," a traffic ticket scofflaw who parked wherever he wanted. Any Chicago bicyclist would have to wonder if thousands of Newmans have invaded the city's streets with the sole purpose of parking in bike lanes.

A clever site called MyBikeLane-Chicago allows bicyclists the opportunity to report scofflaws that treat bike lanes as extra parking or a personal loading zone. My neighborhood on the near West Side is featured as a "hot spot." I've posted a link in the "Useful Bicycle Links" section to the right of this post for the website. The "Pedestrian Hell" website also includes a "Bike Lane Hall of Shame." With the convenience of a cell phone I'm going to start making regular additions to this website with all the scofflaws I see parking in bike lanes.

Considering that we are in a revenue crunch in Chicago, I'd also like Da Mayor to start generating some extra revenue for the City by regularly and systematically issuing tickets to all the drivers (especially those who park and leave) who park in bike lanes. The Chicago Municipal Code is clear: you can't park or stand in a bike lane. Here's how the code reads:

9-40-060- Driving, standing or parking on bicycle paths or lanes prohibited -

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.

Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 9-1-99, p. 10503, § 1; Amended Coun. J. 3-12-08, p. 22783.

If you have any questions regarding this post, Illinois Bicycle Law, or have been injured in a bike accident, please contact Mike Keating at mkeating@keatinglegal.com.

Chicago Dept. of Transportation Needs Stories of Bicycle Crashes

The Chicago Department of Transportation is looking for stories about bicycle-related traffic crashes. CDOT plans to use these stories as a part of a traffic-safety video it is creating in conjunction with the Chicago Police Department. Here is a link to the downloads for the forms to submit a testimonial to CDOT.

It is important that the city receive as many testimonials as possible from responsible, safety-minded cyclists who have been a victim in an accident. There is always a concern that CDOT would receive an inordinate number of testimonials that "crazy bikers" were the cause of most bicycle-related traffic crashes.

If you have any questions regarding this post or you have been the victim of a bicycle-related traffic crash, please contact Mike Keating at mkeating@keatinglegal.com.

Headlights on Bicycles Required During Nighttime Riding

Last week we saw the implementation of Daylight Savings Time where we "fell back" an hour so that there is an extra hour of daylight in the morning. However, the reverse effect is that we lose an hour of daylight in the early evening at the same time as we are losing almost 1 minute of sunlight every evening until the Winter Solstice on December 21st when the days begin to get longer again. Currently, the sun is setting at 4:35 p.m. and will not set after 5:00 p.m. until January 29th.

The combination of shorter days and the adjustment for Daylight Savings means that Illinois bicyclists who commute to work via their bikes will be riding home in the dark. It is important to note that a headlight not only gives you greater visibility while riding and makes you more visible to drivers, but it is the law. Bicyclists riding at nighttime must have the following on their bikes*:

1. A lamp on the front that emits a white light that can be seen for 500 feet; and
2. A red reflector visible from 100 to 600 feet by a car with its headlights on.
   

Curiously, this Section also provides that a red light visible from 500 feet may be used in conjunction with the rear red reflector. This is somewhat awkward because it would make sense to allow a red light visible from 500 feet instead of a red reflector that may only be visible from as little as 100 feet. I'll give the drafters of this law the benefit of the doubt and conclude that this addition was to encourage bicyclists to use red lights on their bikes. In any event, the law (as well as sound safety measures) require the use of a headlight and a reflector and at least encourages the use of a rear red light. With winter nights approaching, the use of a headlight and a taillight will get you home safely - and legally.

*Section 11-1507 of the Illinois Motor Vehicle Code (a/k/a "The Rules of the Road) reads as follows:

(625 ILCS 5/11‑1507) (from Ch. 95 1/2, par. 11‑1507)
Sec. 11‑1507. Lamps and other equipment on bicycles.
(a) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

If you have any questions regarding this post, Illinois Bicycle Law, or have been injured in a bike accident, please contact Mike Keating at mkeating@keatinglegal.com.

Police Officers May Stop Riders to Inspect Bicycles

Let's say you are riding your bike home from work one day. You are riding in a bike lane, you are riding carefully, and you are adhering to all of the Rules of the Road. As you pedal along, a police officer orders you to stop your bike so that he/she may inspect your bike. You'd probably think that this was ridiculous and the police officer had no right to do this, right? Wrong.

Section 11-1509 of the Illinois Motor Vehicle Code provides that a uniformed police officer may order an inspection of a bicycle. However, the catch is the police office must have reasonable cause to believe that your bike is unsafe or not equipped with the gear the law requires. Section 11-509 reads as follows:


625 ILCS 5/11‑1509
Sec. 11‑1509. Inspecting bicycles. A uniformed police officer may at any time upon reasonable cause to believe that a bicycle is unsafe or not equipped as required by law, or that its equipment is not in proper adjustment or repair, require the person riding the bicycle to stop and submit the bicycle to an inspection and such test with reference thereto as may be appropriate. (Source: Public Act 82‑132.)

For a police officer to have reasonable cause the law in Illinois provides that "there be enough particularized facts to lead a common sense person of reasonable caution to believe that there is a fair probability" to draw the conclusion. This is a fluid concept and one that ultimately comes down to the particularized facts of the situation. But because it is fluid, a police office could pretty much come up with anything to question the "safety" of a bicycle and use it as "reasonable cause" to inspect the bicycle - and inspect you.

This is not the purpose of the law nor is it fair. But that doesn't mean it doesn't happen. If you are stopped by a police officer your best bet is to stay calm, be reasonable, and show that your bike is safe. Once that is established, you should be on your way.

If you have any questions regarding this post, Illinois Bicycle Law, or have been injured in a bike accident, please contact Mike Keating at mkeating@keatinglegal.com.