It Is Crystal Clear, Chicago Cyclists May Pass Slower Traffic On The Right Thanks To New City Ordinance

It is now crystal clear that in Chicago bicyclists may pass slowed or standing motor vehicles on the right.  A section of the 2013 Bicycle Safety Ordinance proposed by Mayor Rahm Emanuel on May 8th and passed by the City Council on June 5th clarifies the matter.  It will become law when signed by the Mayor, which is expected to happen soon.

The section states:

Any bicyclist upon a roadway is permitted to pass on the right side of a slower-moving or standing vehicle or bicycle, but must exercise due care when doing so.

9-52-040(d)

This amendment to the Code clears up some confusion over whether a section of the Illinois Motor Vehicle Code, allowing for right-sided passing only when eight feet of space was available in which to do so, applied to bicyclists.  Some Chicago police officers were ticketing cyclists for passing cars and trucks on the right in the absence of eight feet of space, rarely available in our congested city streets.  I noted in a previous blog post that the state vehicle code's eight foot rule only applied to two-wheeled motor vehicles such as motorcycles and scooters.  Nevertheless, confusion persisted until the Mayor's office, with assistance from the Active Transportation Alliance, stepped in to offer more definition to the law.

Though the eight foot rule is a controversy no more, it is important to note that cyclists do not have carte blanche to pass vehicles on the right.  They must, "exercise due care when doing so."  This is legalese for, you can do it only when it is safe.  Just because you have the ends of your handlebars shaved down to nubs to thread the tightest spaces between cars does not mean that you may do so legally.  Also, Chicago bicyclists must yield to pedestrians who have exited vehicles which have not pulled to the curb.  The second sentence of 9-52-040(d) states:

When approaching a vehicle which has discharged passengers from its right side, a bicyclist must either yield to those pedestrians or pass on the left.

In order to understand what a cyclist's responsibility is when a vehicle discharges a passenger from the vehicle's right side it is important to know how the language passed by the City Council came to be.  When the Mayor's office originally proposed the amendment, section 9-52-040(d) stated:

Any bicyclist upon a roadway is permitted to pass on the right side of a slower-moving or standing vehicle or bicycle, but must exercise due care when doing so.  When approaching a vehicle discharging passengers from its right side, a bicyclist must either yield to the pedestrians or pass on the left.

(emphasis added).

Apparently, the intent of the second sentence was to offer protection to bus passengers forced to alight from a bus that was not able to pull fully to the curb.  When the ordinance was proposed by the Mayor's office, the Active Transportation Alliance was nice enough to provide us with a copy.  When I read the second sentence I was concerned that, notwithstanding the drafters' reasonable intentions, the section could be used unfairly against a bicyclist doored from the left.  In particular, I imagined a taxi cab company, whose driver chose to discharge a passenger without pulling to the curb (required in Chicago), using the section to defend against a dooring claim brought by an injured bicyclist.  Those sorts of incidents happen a lot in Chicago.  One such incident happened to a client of ours whose story was told in a recent post on Streetsblog Chicago.  Once a passenger opens a car door, no matter how suddenly, the bicyclist must yield or swing around to the vehicle's left was how I imagined the ordinance would be interpreted.

When I expressed my concerns to Ron Burke, executive director of the Active Transportation Alliance, he was very responsive.  He wisely set up a meeting between CDOT, Active Trans and the City's law department to discuss the matter.  My law partner, Jim Freeman, and I were invited to the meeting and attended.  We proposed elimination of the second sentence altogether.  Stating that bicyclists had to pass with "due care" seemed like enough.  The City pressed for greater clarity, however, in a desire to make sure that pedestrians exiting a vehicle were protected from cyclists under the law.  Fair.  We proposed that the duty of the bicyclist to yield kick in not when the passenger is being discharged, but rather once the passenger had been discharged.  What's the difference?  An important one:  Under our proposal the bicyclist has the duty to yield once the passenger has completely exited the vehicle; not simply when the door was opened.  We felt this created a sharper line.  For the passenger to have completely exited the vehicle the door would have been opened for a long enough period of time for an approaching bicyclist to see and avoid it and the exiting passenger.  To be clear, drivers and passengers owe a duty to bicyclists to look before opening a door on the vehicle's the left and right.

I would like to express our very sincere thanks to CDOT, the City of Chicago and the Active Transportation Alliance for so thoughtfully addressing our concerns and for their commitment to protecting cyclists in our city.

Efforts are underway to clarify the Illinois Motor Vehicle Code itself with changes like those being initiated in Chicago expected soon.  More on that in a later post.  Stay tuned...

Chicago Area Cyclist Left With Serious Facial Injuries From Intersection Collision In Evanston

The lean, 31 year old athlete was sitting across the conference room table from me when he felt the need to apologize for what he was about to attempt:  Eat.

I sat quietly as the young man reached into his backpack and pulled out a bottle of fruit juice along with a giant syringe.  Instead of a needle, attached to the end of the device was a thin tube about 12 inches long.  The man unscrewed the bottle top and pushed the tube deep into it.  He pulled the plunger until the barrel was filled completely with bright orange liquid.  He took the tube out of the bottle, stuck the end into his mouth then depressed the plunger.  Most of the liquid went to the back of his throat.  Some trickled down his chin.  He dabbed his swollen, scarred mouth with a napkin and looked at me.

"Sorry.  This is the only way I can 'eat'," he mumbled.  "I can't even use a straw."

Ever since the June 2nd collision that left him with eight missing front teeth, a broken jaw and a fractured cheek bone, Richard Breininger, has taken in all of his nourishment this way.  He faces many months of difficult, expensive treatment before he can hope to sink his teeth back into his favorite foods.  

The crash occurred at around 7 a.m. on a dry, pleasant morning as Mr. Breininger, an elite amateur cyclist, was riding his bicycle north along the right side of Chicago Avenue in Evanston.  When he approached the intersection with South Boulevard the controlling traffic light was green and he proceeded straight.  At the same time, a 29 year old woman driving a 2006 Toyota Corolla was proceeding south through the same intersection.  Apparently not seeing Mr. Breininger who had the right of way, she swung her vehicle to the left in an attempt to turn onto eastbound South Boulevard.  She nailed him head on.  The bike's front wheel fragmented upon impact.  Its fork was sheared clean off at the head tube.  The cyclist fared worse.  All of his front teeth splintering on impact with the car and the bones on the right side of his face shattered.  Later, in the hospital, he would find flecks of silvery paint from the car imbedded in his skin.  He was wearing a helmet, and never lost consciousness.  He was fully aware when he looked up from the pavement to see the young driver exit her vehicle talking on her cell phone.

An ambulance rushed Mr. Breininger from the scene to St. Francis Hospital nearby.  He remained there for a short time until he was taken by ambulance to Maywood and Loyola University Medical Center where he could receive a more thorough assessment of his severe injuries.  He is expected to undergo several surgeries in the coming months.

Mr. Breininger has retained our law firm to represent him.

Legal Panel To Be Held Discussing Death of Chicago Bicyclist

Online communication is a great way to stay informed about what is going on.  However, the internet is often a place where bad information is planted and misunderstandings take root. In the wake of the death of Chicago bicyclist, Bobby Cann, there have been some thoughtful online discussions, but also rank speculation and some plain bad ideas.  A petition is circulating asking that the driver that killed Bobby not be allowed to reach a plea bargain deal in his criminal case.  But would that really be a good idea?  Could a protected bicycle lane on Clybourn Avenue where he died have prevented the collision?  Is it appropriate to contact Bobby's family about erection of a memorial?  Some Chicago cyclists may be wondering, what if something happens to me while I am riding?  What rights do me and my family have?  These questions and more have been asked by many Chicago cyclists since Bobby Cann's death.  It seems like a good time to get together, and talk; you know, like people did back in the day.

On Tuesday evening from 6:30 to 8:30(ish), myself and criminal defense attorney, Ian Kasper, will present a discussion about Cycling, the Law and the Bobby Cann case.  I will talk about ways to reduce your chances getting hit by a car while cycling and what to do if you are.  Ian will talk about the prosecution of drivers who injure bicyclists.  But we will be ready to field questions about about the legal aspects of the case that has been on everyone's mind since May 29th.  We invite anyone and everyone to come with their questions about how the crash happened, how future such incidents may be avoided and what may lie in store for the man who killed Bobby.  We will talk about what we know, and we will tell you honestly what is not yet clear.  First and foremost we intend to provide a forum for thoughtful discussion and reflection.

There is no fee to attend.  Please visit the event listing on The Chainlink for additional details and to RSVP.

A "New" Law Firm For Bicyclists With An Accidentally Profane Name

I walked into Boulevard Bikes in Logan Square several years ago.  I had been writing this blog about bicycling and the law for a few months and wanted to get the word out about it. I made some bike themed stickers with the The Chicago Bicycle Advocate's web address printed on them along with my phone number.  I figured I would leave stacks of them in Chicago bike shops in hopes that fellow cyclists would pick them up, stick 'em on their bikes and helmets and perhaps wonder over to the blog to check out my writing.  Maybe some would remember me if they got hit by a car.

Boulevard is a quaint shop.  It is small, tucked into a corner of Logan Square next to Lula Cafe and steps from the Monument that is the heart of the newly thriving, bicycle centric neighborhood.  The shop is traditional as bike shops go.  It does not make custom frames, serve coffee or specialize in the latest carbon fiber uber-bikes.  It primarily sells bikes comfortable in the urban setting: Surly, Torker, Soma and steel Bianchis.  The owner of the shop, a tall, lean guy who looks like a cyclist named Kevin Womac, greeted me as I wondered deeper into the store.  Could he help me, he inquired earnestly.

"Hi, I'm Brendan.  I'm a personal injury lawyer and I represent bicyclists."

He didn't throw me out.

"I also write a blog about biking and the law.  I was wondering if I could drop off some stickers for your customers."

"That sounds like a great idea," he said.  "Absolutely."

"Hey," he continued.  "You must know Lawyer Jim."

"Who?"

And so it was that I first learned the identity of the guy who, many years later, would become my law partner.

I have represented a lot of bicyclists since then.  I have been humbled by how well this blog has been received.  Over the years Jim Freeman and I met and got to know each other a little bit.  We both loved bikes and had law practices focused on representing injured cyclists.  We knew a lot of the same people in the community.  And we were competitors each feeling that he had the best to offer to bicyclists in need of legal representation.  We pushed each other to do more for the community, fighting to prove who had the greatest dedication.  Jim would don a yellow safety vest and stand on street corners handing out free bicycle lights to people riding by.  I would spent nights and weekends teaching adults how to ride safely in the city.  For neither of us was the "bike thing" a marketing campaign.  The bicycle community was something we were dedicating ourselves to.

And then it dawned on us. . .

Let's join our resources and form one awesome bicycle law firm.  On June 1st that is what we did creating the Freeman Kevenides Law Firm, FK Law.  I am excitedly about what we are doing here.  Jim and I have a kick-ass group of lawyers and paralegals who are all cyclists working to help injured cyclists. This is quite honestly the best job in the world.  We hope that through our efforts we can not only help individual bicyclists, but promote safer cycling in our city and throughout Illinois.

I recently told a good friend of mine about the new partnership.  When I told him that we were calling ourselves FK Law he enthusiastically responded,

"I love it.  And your slogan could practically write itself...

... Been hit by a car?  FK 'em!"

Ride Naked And Safe

The World Naked Bike Ride is this Saturday.  Last year I rode with the clothed security detail.  I tagged along mostly at the end of the group of thousands of nude, or nearly-nude, riders, my yellow reflective safety vest making me look either official or dorky (or officially dorky).  At one slow point in the ride an astonished female onlooker shouted at me, And what are you supposed to be?  "Security," I happily replied.  Yeah, right, she snarled.  

This year I will again be riding the security detail, doing my best, along with many other volunteers and police officers, to make sure that the ride does not get any weirder than it is supposed to be.  Yeah, right!

Here is a column from this week's Cycling Legalese, published on the Urban Velo website, about how to avoid trouble on the WNBR:

Getting ready for the World Naked Bike Ride? We’ve got some tips to keep you legal and out of jail for the night.

Q:I am thinking about doing my first Naked Ride. I know a lot of people do it, but could I get in trouble?

The World Naked Bike Ride, taking place in cities around the world, is coming up. The reasons for doing it vary by individual, but generally the ride is meant as a celebration of cycling, a work of participatory performance art, and an act of political protest against big oil. It is also meant to draw attention to cyclists as roadway users. (Can you see me now, Mr./Ms. Motorist?)

I have participated in Chicago’s large edition of the event, helping the security detail and the police provide a safe atmosphere for riders. (I ride with the security detail fully clothed. No one wants to see their lawyer streak by in the buff.) From my experience in Chicago, and based on what I have read of the event in other cities, the event is generally peaceful and the police tend to be mostly tolerant. However, there are ways to get in trouble on the ride. Here is a basic guide on how to avoid getting busted:

Ride With The Pack: Staying with the mass of riders you are arguably a part of a well-established political and artistic act meaning that you are probably entitled to the protection of the First Amendment allowing for free speech. On the other hand, once you have separated from the group you are just a dude naked in the street and as such may have a harder time arguing that your conduct is protected under the First Amendment. You could be arrested for violating local indecent exposure laws. If you run into mechanical trouble (with your bike that is) or need to break from the group for any reason, put your clothes on to avoid a run in with the police.

Don’t Act A Fool: It may not be your nakedness that ends up getting you into trouble, but rather your conduct. It seems that some folks down a bit too much liquid courage in preparation for dropping their drawers in front of thousands of city dwellers. Doing so could lead to running afoul of local BUI laws, in places where they exist, or public drunkenness and disorderly conduct laws pretty much everywhere. Avoid alcohol for this event.

Don’t Be A Creep: Perhaps this should go without saying, but be aware that it may not take much to make people around you feel uncomfortable. Do not take anyone’s picture without asking them first. This is common courtesy. Also, be advised that while the World Naked Bike Ride is generally a friendly, welcoming event, unfortunately, it does attract some weirdos who come out just to shoot video and photos. The folks in the security detail will be on the look out for these people but be advised that the creeps do come out. Understand what you are getting into and, as they say, “bare as you dare.”

Bobby Cann Was A Model Bicyclist

Courtesy of DNAinfo Chicago

Bobby Cann was a model bicyclist.  He was experienced, law abiding and kind to others, according to people who knew him.

He was killed Wednesday evening by a 28 year old driver in a Mercedes on Clybourne Avenue at around 6:35 p.m.  The weather was perfect at the time of the crash.  Bobby was wearing a helmet.  

Chicago police are investigating whether the driver was impaired at the time of the collision. Some are questioning whether better bicycling infrastructure could have prevented this terrible tragedy. But what has emerged so far is that Bobby Cann was doing everything right when he was killed.  He was riding his bike to his girlfriend's home.  He was riding because he loved to do so and because there was simply somewhere he needed to be on a pleasant spring evening.  He was riding in the street because that is where he had a right to be.  It was where he was supposed to be.  He was one less car.  Sadly, now he is one less life.

I was thinking about Bobby and the photos I saw of the crash online yesterday as I rode home from work yesterday.  If I'm honest, I was a little nervous during my commute.  But I'll ride on.  We all must. 

DNAinfo Chicago has written an excellent piece about Bobby Cann.  I strongly recommend it.

26 Year Old Chicago Bicyclist Killed By Driver In Old Town

A 26 year old male bicyclist was killed by a driver in Chicago's Old Town neighborhood during yesterday's rush hour, according to DNAinfo Chicago.  Robert Cann was riding southbound on Clybourn Avenue when he was struck by the driver at around 6:45 p.m. who was reportedly traveling in the same direction.  We was pronounced dead at Northwestern Memorial Hospital at 7:05 p.m., according to The Chicago Tribune.

The incident occurred on a fairly wide stretch of roadway in front of iconic Chicago bicycle shop, Yojimbo's Garage, near the intersection of North Clybourn Avenue and North Larrabee Street, DNAinfo reported.  It was immediately apparent that the crash was serious.  The owner of Yojimbo's, Marcus Moore, reported that the cyclist lost part of his leg at the scene.  Photos on the DNAinfo website suggest a very significant collision.