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Showing posts with label Bike Law. Show all posts
Showing posts with label Bike Law. Show all posts

Thursday, October 29, 2020

Fundamental Change Is Needed To Reduce Driver, Biker Conflict


There is a lot of anger and hostility out there.  I am not referring to the political divisiveness of the nation - although the description applies - but to Illinois's roadways.  Drivers and bicyclists seem perpetually angry at each other, particularly when they meet on congested streets.  Bicyclists become hostile toward drivers for a perceived lack of empathy regarding the dangers faced while riding.  Drivers get steamed at the perceived arrogance and rule flouting by cyclists.  Both often feel that the other is just in the way.  Sadly, each too often view of the other not as a person, but rather as an impediment to their desire to get where they are going.  Why do we too often view our fellow travelers with such suspicion and distain?

The problem is the system, the infrastructure, that the driver and cyclist alike are trying to navigate.  They are each trying to make their way along the same space, yet by very different means and with different expectations.  The motor vehicle is heavy, mechanically powered and slow to maneuver through tight spaces.  The bicycle is light, human powered, quick and easier to maneuver through tight spaces.  In either instance, the operator hopes and expects to travel to their destination without unnecessary hindrance or obstruction.  Place the two in the same space and one or both are bound to have their hopes and expectations dashed, or, worse, see their bodies injured or their property damaged.

A dozen years ago, writer Charles Montgomery wrote an interesting and influential article in Momentum Magazine entitled, Bike Rage.  He wrote,

 “…the driving experience primes car drivers for meltdowns.

They are conditioned by popular culture to see cars as symbols of freedom, yet city driving is a slow-motion trap that subjects drivers to constant restrictions on their movement. Drivers are thwarted from enjoying the promise of motion by traffic lights, by congestion – and yes, by cyclists – and they suffer the natural but impossible desire to escape and move forward…”

He added,

 “…road rage is a symptom of the corrosive effect that modern commuting has on urban culture. Aggressive streets are not just dangerous, they change the way we feel and the way we treat each other, even when we’re not commuting.

… the problem is that city planners have mixed bikes and cars together in ways that offer little certainty about how each should operate, and lots of chances for conflict. Cyclists feel threatened in traffic, just like drivers. Many of us feel hard done by and under attack. I sure do. The average arterial road is an engine of conflict."

This second point resonates strongly with me.  My city, Chicago, has spent quite a lot of money and effort building bicycle lanes.  I use them regularly and I am glad they are there.  However, too many are poorly designed.  When city planners intentionally design streets so that public buses must enter bike lanes to pick up passengers, danger, fear and frustration for the biker and bus driver alike are the natural consequences.  When designated bike lanes on narrow streets are not protected from physical encroachment by motor vehicles with barriers, not just paint, anxiety and injury become too common.  When bicycle infrastructure suddenly ends leaving a confusing and treacherous set of options the bicyclist often feels as if their city does not care about their safety.  When municipal crews fail to survey road construction projects with an eye toward bicycle accommodation, the bicyclist and driver both end up seeing red. 

After years of incremental change to biking infrastructure in the United States there is still far too much regular conflict between drivers and bicyclists.  As a daily city biker and attorney whose practice focuses on representing bicyclists injured on the road, I am in a unique position to observe this phenomenon.  The conflicts between drivers and bicyclists are not going away.  The injuries and deaths continue.  Despite the Vision Zero campaign touted by the City of Chicago, 2020 has so far seen the death of eight bicyclists on our streets, an increase from the average yearly number of deaths between 2012 and 2016 of 5.8, according to Streetsblog.  This is entirely unnecessary.  The City of Chicago's own 2012 Bicycle Crash Analysis states, "with proper street design and behavior change amongst road users, the overwhelming majority of bicycle crashes are preventable."


It has become apparent that fundamental change regarding street design is necessary.   Bike lanes consisting simply of painted lines here and there are not acceptable.  Paint is not protection.  Paint on the street strikes me as a fingers-crossed type of approach to reducing the sometimes deadly conflicts between motor vehicles and bikes.  The era of just hoping that drivers and bicyclists work it out on the road must end, immediately.  2020 has been a year of  profound change.  In aspects of life big and little, many are awakening to the need to fix what has been broken for a long time.  Urban transportation design is one of those broken things.  What drivers and bicyclists need is space.  Specifically, we need bike lanes that are part of real networks that take us places we want or need to go.  Cities should stop designing bikes lanes that just end and instead create safe bike lanes that lead into other safe bike lanes.  We need bike lanes that offer real protection in the form of jersey barriers, planters and the like.  We need streets that belong to bikes only, that are closed to motor vehicles.  Similarly, other streets should be closed to bicycles so that drivers also have places to call there own where they can feel unobstructed by more vulnerable road users like cyclists.  Bicyclists need changes in the law too.  Illinois needs a stop as yield statute that allows people on bikes to yield at stop signs and lights rather than come unnecessarily to a full stop.  This is a year for new thinking about so much.  How we interact with each other on our streets should be on that list.

Wednesday, September 6, 2017

Illinois E-Bike Laws

The new Illinois e-bike law regarding electric assist bicycles was clarified earlier this month when Illinois Governor Bruce Rauner signed a bill outlining their use on roads and paths. The new law, however, leaves the door open for . . . [Click to continue reading.]

Wednesday, January 21, 2015

What I Learned In Texas

Years ago the notion of committing one's entire law practice to representing people who ride bicycles perhaps seemed a little nutty.  Or worse, like a some sort of marketing gimmick.  My, how times have changed.

Earlier this month I attended the First Annual Bike Law Summit in Austin, Texas.  "Summit" sounds a bit pompous.  A Summit is something held to end a war, or eradicate some worldwide nastiness.  In this case, it was a formal gathering of bicycle lawyers from around the country who got together to examine how best to represent people who ride.  Present were bicycle lawyers from every region of the country; each bringing experience and commitment to the cause, protecting cyclist's rights and making it safer to ride.  Our bicycle law firm was the proud and only representative from Illinois.

Peter Wilborn leads the
discussion in Austin. Also
Seen (from right: Ann, Bob,
Peter,Timmy and Ben
The range of experience was fascinating to listen to.  Generally, lawyers focus their practices on one or two states.  We all tend to practice in a bubble.  It is often eye opening to listen to attorneys from other parts of the country.  Ann Groninger, for example, practices bicycle law in North Carolina.  That state's laws make it difficult for injured people to receive just compensation.  North Carolina is one of only a few states which adheres to the doctrine of strict contributory negligence. This means that if the injured person's own negligence contributed in any way to cause their injury, even if the defendant was more negligent, then the plaintiff receives nothing for their harms and losses.  In contrast, in states like Illinois, a plaintiff's comparative fault only serves to reduce the amount of compensation their may receive, so long as the defendant is shown to be more at fault.  North Carolina's somewhat draconian law means that Ann has a lot less leverage with insurance companies to negotiate resolution of a claim.  She therefore ends up trying cases in front of a jury fairly often.  As a result she had a great deal to offer group in terms of trial tips and techniques.  She seems to be very good at what she does.

Bryan Waldman racing at
the CX National
Championships happening
in Austin during the Summit
Charlie Thomas is a bicycle lawyer from New Orleans, Louisiana and former president of the Texas A & M Cycling Team.  He explained that his city and state are relatively new when it comes to bicycle advocacy.  His efforts in teaming up with local bicycle shops to increase the visibility of bicycle advocacy served as a useful primer on connecting with people at a grass roots level.  Bob Mionske was the superstar of our group.  A bicycle lawyer in Portland, Oregon, he is a former USA Olympic cyclist and author of THE  book on bike law, Bicycling And The Law.  He was the first lawyer of note in the United States to identify as a "bicycle lawyer."  His considerable experience representing bicyclists makes him a fountain of knowledge and wisdom.  Peter Wilborn, a bike lawyer in South Carolina, was the leader of our group.  Himself a veteran in the battle to better bicycling, his primary and invaluable role was bringing us all together.  As a coordinated group of like minded attorneys we bring greater resources, energy, experience to each individual fight on behalf of the injured cyclist.  As issues, problems and challenges arise for any of us there is a network of people an email or phone call away with advice and guidance.  Also present at the Summit were the following bicycle lawyers:  Jim Reed, New York; Amy Benner, Tennessee; Bryan Waldman, Michigan; Vance Preman, Missouri; Randy Knutson, Minnesota; Timmy Finch, South Carolina; and Ben Dodge, Arizona.

Also present to offer his insights on bicycle advocacy was Andy Clarke, President of the League of American Bicyclists.  He has committed his esteemed organization to working hand in hand with Bike Law toward better bicycle advocacy.  With the League behind us we are that much stronger in our ability to represent cyclists and biking

Tuesday, July 22, 2014

Joining The Tribe. . .

Illinois Bicycle Accident LawyerFor many years I worked with a much older attorney who used to talk about the strength of numbers.  The way he used to do it was amusing.  He would describe a group of heavily armed soldiers in the old west peering out from the turrets of their high walled fort.  They felt safe because they were big, firmly entrenched, and well supported.  "If," he would say, "One of those soldiers peered over the wall and saw a single Indian glaring menacingly in his direction he would just think, Well, to hell with you." The old attorney would continue, "But, if the soldier looked across the way and saw a large number of Indians, organized and preparing to attack, well, then he knew he had a problem."

Our law firm is proud to announce that we have joined a tribe (of sorts) of attorneys committed to representing bicyclists nationwide, Bike Law USA.  Jim Freeman, myself and our committed staff have always been committed to representing bicyclists throughout Illinois. Now we will continue to do it with the support of a nationwide network of bicycle accident attorneys.  Mind you, Bike Law is no internet marketing gimmick.  We wouldn't bother with it if it was.  Bike Law is the brainchild of long time South Carolina bicycle attorney, Peter Wilborn, who has represented hundreds of bicyclists injured by motorists, dangerous road conditions and unsafe products.  He is a former bike racer and present bike enthusiast and commuter.  He is one of us.  He founded Bike Law as a means of bringing together lawyers committed to working with cyclists to unite in strength, to form a collective to fight for the rights of bicyclists.

Bike Law is also Ann Groninger in North Carolina, Amy Benner in Tennessee, Bryan Waldman in Michigan, Vance Preman in Missouri and Kansas, Charlie Thomas in Mississippi, Louisiana and Texas, Jason Crawford and Brian Weiss in Colorado, Jackie Carmichael in Utah and former U.S. Olympic cyclist, Bob Mionske in Oregon.   Each is a lawyer fighting for cyclists.

Each Bike Law attorney does more than just represent injured bicyclists.  They write about cycling and the law, and work to educate cyclists and motorists alike about making the road safe for all users.  Bob Mionske is the author of Bicycling & The Law, the go to book providing an overview of what the law is and how it has developed.  Freeman Kevenides Law is honored to be a part of this esteemed and committed group.

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