Skokie Bicyclist Doored Near North Shore Channel Trail

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Skokie man who sustained a serious injury after being "doored" in a bicycle accident in Skokie. The bike accident occurred on the morning of June 26 while he was riding northbound on Gross Point Road. While riding northbound on Gross Point Road the bicyclist was doored by a driver. Under Section 11-1407 of the Illinois Rules of the Road a "dooring" is as follows:

No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

In this motor vehicle vs. bicycle accident, the driver's side door of the motor vehicle impacted with the cyclist's right side of the handlebars, a classic occurrence when a driver opens their driver's side door without looking. The driver of the motor vehicle was required to only open her driver side door if it was reasonably safe.

As a result of the dooring, the cyclist suffered a severe gash on the middle finger of his right hand after the edge of the door lacerated the finger. The police officer who filed the report issued the driver who caused the bike accident a citation for "dooring."

Keating Law Offices has successfully represented numerous Illinois bicyclists who have been injured in a bicycle accident or bicycle crash while riding. If you have any questions regarding this post or an issue involving a bicycle accident or Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

12-Year Old Peoria Girl Struck on Bike

News outlets are reporting on an accident that occurred late afternoon July 2, 2012 that resulted in a 12-year old girl being hospitalized. the 12-year old was reportedly riding her bicycle on the 3500 block of North Prospect Road when she was struck by a 51-year old female motorist. According to the Peoria Heights police, the young girl rode into oncoming traffic headed southbound on North Prospect, presumably from East London Avenue which feeds into the arterial road and is also the street on which the young girl resides with her family. Police report that the collision was unavoidable. The bicyclist was taken to OSF Saint Francis Medical Center later that same evening. However, her condition has not been updated. The 51-year old motorist involved in the traffic accident was also hospitalized for undisclosed reasons. There have been no citations issued.

It is just as important for younger cyclists to understand the rules of the road as adults. According to the National Highway Traffic Safety Administration, cyclists under the age of 16 accounted for 11% of all cyclist fatalities nationwide and 21% of all cyclist injuries from traffic accidents in 2010. These figures have actually decreased when compared to the figures compiled by the NHTSA for the year 2001. However, any further improvements in decreasing these traffic incidents from occurring through better and widespread education can only have beneficial effects. For children it is especially important for them to recognize that a bicycle is a non-motorized vehicle and under Section 11-502 of the Illinois Highway Code it is recognized to be subject to traffic laws:

"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 [625 ILCS 5/11-1501 et seq.] and except as to those provisions of this Code which by their nature can have no application."

One general exception to this rule is that children under the age of 12 most often may ride their bicycle on the sidewalks. Parents and guardians should check the local rules in their city or town for the ages that may ride on the sidewalk. Bicycling is a fun activity and a useful form of transportation, but it is imperative for everyone who rides a bike to understand the rules to avoid a bike accident. Protect yourself by learning the laws and rules surrounding bicycle use.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All emails and phone calls are returned promptly. All initial consultations are confidential and free.

Keating Law Offices Retained to Represent Severely Injured Skokie Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices have been retained by a Skokie man to represent him for the severe injuries he sustained in a motor vehicle vs. bicycle collision. The collision occurred on April 19, 2012 at the "T" intersection of Dempster Street and Kenton Avenue in Skokie, Illinois. At this intersection a "T" is formed where Kenton stops and does not connect through Dempster. Dempster is a four lane major roadway at this intersection and does not have stop signs at Kenton.

The bicyclist was struck by the driver of a 2006 Buick when the driver did not yield the right of way to the bicyclist at the "T" intersection. The driver came to Dempster while traveling southbound on Kenton. The bicyclist was travelling eastbound on Dempster which does not have a stop sign at Kenton. The Illinois Rules of the Road required the motorist to stop at the stop sign and yield to all traffic (including bicycles) as well as pedestrians. The driver was issued a citation by the Skokie Police Department for his failures.

As a result of the collision the bicyclist suffered a massive injury to his left leg. The client has been bedridden since the collision on April 19th. This injury required an open-reduction and internal fixation (ORIF) surgery. This is a procedure where an orthopedic surgeon implants surgical hardware, typically a plate and screws, into the bone of the injured person in an effort to restabilize the leg. This is a very serious surgery that will require extensive rehabilitation and may result in a permanent disability.

Within 24 hours of being retained by the injured bicyclist, the Illinois Bicycle Law attorneys at Keating Law Offices were able to conduct an extensive investigation of this collision. If you have any knowledge of this incident please contact Keating Law Offices. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are always confidential and free.

How the "3-Foot Rule" is Enforced in Civil Cases

There has been discussion in the bicycle community about whether or not the "3-Foot Rule" is being enforced. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This statute provides as follows:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703)
Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter:

(d) The operator of a motor vehicle overtaking a

bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

Key language in the statute is obviously that there must be a minimum 3 feet between the bicycle and the motor vehicle when the motorist passes the bicycle. But note that the statute also requires that this distance of 3 feet must be maintained until the motorist is "safely past" the overtaken bicyclist.

To the question at hand as to whether this law is "enforced," keep in mind that there are two areas of law: Criminal and Civil. Criminal cases, which would include municipal citations, for violation of the 3-foot rule are not widely enforced. My understanding is that much of this stems from the fact that it is a relatively new rule and many police officers are not aware of it. In civil cases (what we typically refer to as a "lawsuit") the 3-foot rule is being used aggressively by Keating Law Offices. Many of the cases that the firm is filing includes an allegation of a violation of the 3-foot rule by the motorist. 

In legal terms this is a part of "pleading," legalese for how you write out the lawsuit for the client. By including this allegation, when/if the case goes to trial we will be able to argue to the jury or the judge that 1) there was this law and 2) the motorist violated the law. If the judge/jury agrees, then an award can be entered for the injured bicyclist.

I would say that at least in the civil side of the law the 3-foot rule is being "enforced." Ideally with time and education our law enforcement officers will become more aware of the 3-foot rule and ticket motorists for violations of this law. This is a very important law as almost anytime there is contact between a unprotected bicyclist and a motor vehicle there are injuries to the bicyclist.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Should Illinois Enact "Idaho Stops" for Bicyclists?

In an excellent submission to the Chicago Sun-Times, Willmette bicyclist Bill Jackson notes the differences in bicycle laws in Illinois and other states, namely California and Idaho. Mr. Jackson argues that more efficient traffic control regulations for bicycles would make bicycling safer and more accessible in Illinois.

Idaho's bicycle laws are particularly unique in that they do not require bicyclists to come to a complete stop at a stop sign. In Idaho, a rider approaching a stop sign must only slow down and, if it can be done safely, proceed through the intersection. If there is another vehicle in the intersection, however, the bicyclists must stop and yield the right of way. A non-complete or rolling stop such as this is now known as an "Idaho stop." As for red lights, a bicyclist in Idaho must first stop at the light, but if the "coast is clear" and they can do so safely, the bicyclist may proceed through the intersection against the red light. Click here to read the text of Section 49-720 of the Idaho Motor Vehicle Statute.

In Illinois, bicyclists are required to obey all traffic laws just like motor vehicles. This includes coming to a complete stop at stop signs and red lights. Even if there is a decent argument that "Idaho stops" on bicycles meet the spirit if not the letter of the law, the bottom line is that the law is the law and as of now bicyclists in Illinois are required to come to complete stops at stop signs and to obey red lights.

Illinois Law Requires Lights/Reflectors on Bicycles at Night

Daylight Savings time is in effect again and the days are getting shorter and shorter. 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) - 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.

Should Bicyclists Be Required to Obey Traffic Laws?

Slate.com's Christopher Beam wrote an incendiary article entitled "Stop Means Stop: How do we get bikers to obey traffic laws?" that has ignited the bicycle blogosphere. The article essentially breaks down the pro-bicycle movement into two camps: the "Vehicularists" and the "Facilitators." My contention is that there may be a third group as well which I call "the Outsiders." The debate between these two main camps, as well as the "Outsiders," digs into the various philosophies behind the pro-bicycle movement.

Vehicularists adhere to the idea that bicycles and cars are equals on the roadway and bicyclists should ride in the same manner as most drivers motor. That means following all of the Rules of the Road in a responsible manner. The Vehicularists argument is that if they act as drivers do, then they are true equals on the road and entitled to the same respect and rights as motorists.

Facilitators contend that the laws should be changed to specifically address bicycles and the physical infrastructure should be adapted so that bicycles can ride more easily. This means more bike lanes, bike paths, bike racks, etc. The contention of the Facilitators is that if it is easier to ride, then more people will ride and the bicycling culture (and peer pressure) will lead to compliance with the law.

On top of this, I would contend that there is a third camp: "the Outsiders." The Outsiders are those that feel that bicycles are a simple mode of transportation and they can use the bicycle in any way they see fit. As such, running stop signs if there is no oncoming traffic is no big deal for an Outsider. Nor is going the wrong way down a one-way street or pulling a U-Turn in the middle of the street. It's not that the Outsiders are necessarily acting as rebels, just more pragmatic riders who know that the fastest distance between two points is a straight line.

As is often the case when it comes to public policy (and life), there is no absolute answer to which camp is right, the Vehicularists, the Facilitators or the Outsiders. The reality is there are probably positive attributes in each camp and some overlapping in theories between the three. As for Illinois law itself, as I blogged in a previous post, Illinois law requires bicyclists to follow all of the Rules of the Road, there are no exceptions for bicyclists under Illinois law. This aligns Illinois law with the fundamental notions of the Vehicularists.

However, while Illinois law requires all bicyclists to follow the Rules of the Road, it does NOT consider bicycles the same as motor vehicles in terms of rights. In Illinois, bicyclists are permitted user of the roadways, but not intended users. This distinction is more than semantic. The law says that bicyclists may use the roadway, but that should not be confused with the roadways being safe or even reasonable for their use. As the law currently stands, in most instances if a roadway is unsafe for bicycles, that's just too bad because the roadway is for motor vehicles, not bicycles. The public policy in Illinois is that roadways are for cars. This is in direct opposition to the Facilitators' beliefs.

The Outlaws probably have little official support in a legal sense except for the last Friday of every month when Critical Mass assembles. In many ways, Outlaws are often as much anti-car as they are pro-bike. And that 's OK in theory, but in practice the "anything goes" approach does almost nothing to further a pro-bicycle agenda.

And where do I fit in? As an attorney and a bicyclist I would like to see more fellow bicyclists follow the Rules of the Road. That probably puts me in the Vehicularist camp. My sense is that the more respectful bicyclists act, the more respect they will be given. As a citizen of Illinois and a bicyclist, I wear a different hat and often find myself in the Faciltators' camp. I am proud of what Chicago and many municipalities in the Chicagoland area have done to make bicycling more accessible, fun, and safe. Still, in some ways my heart is with the Outlaws. Riding free and unencumbered was how most of us fell in love with riding as children. But riding like that has little practical use in an urban area and is simply unsafe compared to the other camps.

The bottom line is that bicycling in Illinois, especially in the Chicagoland area has exploded. And Illinois laws and public policy need to adapt to these changing usage patterns. Just like in a race, it's lead, follow or get out of the way. And I think Illinois needs to lead by first enforcing the already existing Vehicularist approach and then working to include the Facilitators' approach. When a few laws/policies from each camp falls into place, maybe even the Outsiders will join in with the rest of us.

Keating Law Offices concentrates part of its practice on representing victims of bicycle accidents and bicycle crashes throughout Illinois. The trial attorneys at Keating Law Offices have emerged as leaders in the field of bicycle-related litigation.

Illinois Law Requires Bicyclists to Follow All Rules of the Road

I'm fortunate that the Illinois Bicycle Law weblog has become a respected and reliable source of news and legal analysis about bicycle laws in Illinois. Naturally, the majority of feedback I get is from bicyclists inquiring about Illinois laws as they apply to bicyclists. However, every so often I get a critical inquiry that is something along the lines of "how come bicyclists don't have to follow the same laws as motorists?"

The bottom line is that all bicyclists in Illinois are required to follow the Illinois Rules of the Road. Section 11-1502 of the Rules states that:

"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 the (Illinois Vehicle) Code."

As such, bicyclists should not ride like they are immune from the law. If a rider is injured while riding, but they were breaking a traffic law at the same time, their chances for compensation will either be greatly restricted or altogether eliminated. Insurance companies and their attorneys will immediately seize upon any opportunity to argue that it was the injured bicyclist, not the motorist that caused a collision.

Moreover, a police officer can give a bicyclist a ticket just as easily as he gives a motorist a ticket. After all, the same laws apply to both.

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.

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.

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.