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.]

Driver Who Killed 65 Year Old Bicyclist In Jersey County Taken Into Custody

Kajavion McCarvey

A 21 year old man is in custody more than two months after killing a 65 year old bicyclist in Jersey County, Illinois, according to RiverBender.com.  Kajavion McCarvey of East Alton turned himself in on Wednesday after Jersey County authorities announced charges of Aggravated DUI and Reckless Homicide against him earlier this week.

Carol Admire, Courtesy of
RiverBender.com

The arrest stems from a collision on May 23rd that left Carol R. Admire of Alton, Illinois dead at the scene.  She was riding southbound on the shoulder of State Highway 100 around 4:00 p.m. when the allegedly intoxicated driver, also southbound, hit her with his pickup truck, according to the RiverBender.com.  Initial media reports of the crash presented a slanted view of the incident, suggesting that Ms. Admire had been riding in too dangerous a location along the busy road.  Local television station KSDK placed emphasis on the existence of a bicycle path on the other side of the roadway from where Ms. Admire was riding.  The no-so-subtle suggestion is that she should have been riding on the path instead.  See for yourself:

It is important to remember that Illinois, unlike some states, does not require that bicyclists use a separated bike path where one has been provided.  Also, Ms. Admire was apparently riding with traffic, on the southbound side of the highway also known as Great River Road.  As noted in the news report above, the shoulder on which she was riding was commonly used by cyclists.  Great River Road is a scenic highway that runs along the Mississippi River.  In light of these facts, it is deeply disappointing that initial reports placed undue emphasis on the bicyclist's conduct rather than on the driver who may have been intoxicated.

In our experience, driver's rarely face criminal charges from causing injury or death to bicyclists.  It is encouraging to seen that the State's Attorney in Jersey County has decided to pursue charges that could see the driver facing in excess of 14 years in jail.

Funeral To Be Held Tomorrow For 16 Year Old Illinois Cyclist Struck By Hit-And-Run Driver

A funeral will be held tomorrow for the 16 year old bicyclist killed by a hit-and-run driver as he rode his bicycle near Charleston, Illinois.  Leonard J. Beachy, a member of an Amish community in Flat Rock, Illinois, was struck from behind as he rode with his brothers and two friends on a two-lane road south of Charleston at on July 6th, according to The Southern Illinoisian.  The other cyclists were also stuck by the vehicle and were hospitalized .  Their conditions have not been reported.

The incident occurred at around 9 p.m. on Lincoln Highway Road as Leonard, his brothers, Jonathan Beachy and Truman Beachy, and his friends, Timothy Zehr and Javin Lehman, were riding southbound back from an Amish farm-trade show, according to WRJM Daily News.com. Shortly after midnight on July 7th police arrested the owner of the vehicle that allegedly struck the cyclists, Samuel Meadows.  He has been charged with aggravated driving under the influence and leaving the scene of a personal injury/fatal accident. 

Leonard Beachy's funeral will be at 9 a.m. tomorrow at the home of David Raber of Flat Rock, Illinois.  Burial will be in the Flat Rock Amish Cemetery, Flat Rock, Illinois.  Leonard was an apprentice cabinetmaker and carpenter at Peaceful Valley Cabinetry in Flat Rock.

Click here to learn more about the funeral services.

Driver Charged With Felony After Striking, Killing Bicyclist In Rockdale

A 31 year old woman was arrested this morning and charged with a felony for striking and killing a 49 year old bicyclist on June 6th in Rockdale, Illinois, according to The Herald-News.  The driver, Cara G. Quiett, was allegedly drunk when she hit James H. Farmer from behind along the 600 block of South Midland Avenue.  The collision ejected Mr. Farmer from his bike and onto the pavement.  He was taken from the scene to Provena Saint Joseph Medical Center in Joliet where he died twelve days later.

Mr. Farmer is survived by his wife and five children.  He was a U.S. Army veteran and an organ donor.

Fox Chicago Highlights Dooring Danger and Illinois' New Efforts To Record Incidents

State to Track 'Dooring' Accidents Involving Cyclists: MyFoxCHICAGO.com

Lack of a Helmet Cannot Be Used Against an Illinois Bicyclist at Trial

It seems that the first reaction anyone has upon hearing that a bicyclist was injured in a traffic accident was, well, was s/he wearing a helmet? A legitimate inquiry on its face, but it always sounds. . . accusatory; as if there is an clear correlation between helmetlessness and reckless bike riding. S/he wasn't wearing a helmet, then s/he got what s/he deserved. Silly. This post is not about whether bicyclists should wear helmets. (They should.) It is not about whether Illinois law requires bicyclists to do so. (It doesn't, yet.) Rather, it considers whether the lack of a bicycle helmet may be used against an accident victim at trial to either reduce or bar recovery.

In an Illinois personal injury case, a jury may compare the defendant's alleged negligence to any negligence committed by the injury victim and determine if the plaintiff's own conduct contributed to cause his or her own injuries. This is called "contributory negligence." At trial the judge will instruct the jury,

When I use the expression "contributory negligence," I mean negligence on the part of the plaintiff that proximately contributed to cause the [alleged] [injury] [death] [property damage].

I.P.I. 11.01

If a jury finds that the injury victim was more than 50% at fault for causing his or her own injuries then the plaintiff will be completely barred from recovering money damages, just like if the defendant is found not liable. However, if the jury finds that the plaintiff's conduct was 50% or less the cause of his or her own injuries then the jury's damage award will be reduced by that amount. 735 ILCS 5/2-1116(c)

Within the context of this law, the defense in a bicycle accident case may wish to present evidence to the jury that the injured bicyclist contributed to his or her injuries by not wearing a helmet. Illinois law, however, prohibits the defense from presenting evidence that the plaintiff was not wearing a helmet at the time of the alleged incident. Attorneys representing an injured bicyclist should file a motion in limine barring the defense from presenting evidence that the plaintiff was not wearing helmet. In 1985, two cases were decided that relate to this issue. In Clarkson v. Wright, 483 N.E.2d 268 (Ill. 1985) the supreme court held that evidence that a plaintiff in a motor vehicle accident case was not wearing seat belt at the time of the alleged occurrence is not admissible. The Court stated:

We agree with the majority view that failure to use a seat belt was not negligence or contributory negligence which caused the accident out of which plaintiff's injuries arose. At most, the failure to use a seat belt created a condition which possibly may have increased the severity of plaintiff's injuries. . . We conclude that . . . evidence of failure to wear a seat belt should not be admitted with respect to either the question of liability or damages.

Clarkson, 483 N.E.2d at 269-70. (This rule was later codified in Section 12-603.1 of the Illinois Vehicle Code.)

This rule of law was expanded to include motorcycle helmets in Hukill v. DiGregorio, 484 N.E.2d 795 (2nd Dist. 1985). In that matter, the appellate court, citing the Clarkson decision which came down just a few months earlier, held that the "helmet defense" should be barred from mitigating the plaintiff's damages. These two decisions created the general principal that in vehicular negligence cases evidence of the plaintiff's failure to use protective devices "is inadmissible for the purpose of establishing contributory negligence." Moore v. Swoboda, 571 N.E.2d 1056, 1071 (4th Dist. 1991).

The Clarkson, Hukill and Swoboda cases -- along with the fact that Illinois law does not mandate helmet use -- establish that a bicyclist's failure to wear a helmet may not be used as either a damages reducer or to bar recovery altogether. Remember, though, as I noted at the beginning of this post, jurors may be wondering whether a helmet was worn. They may be off put by silence on the matter during trial and hold it against the plaintiff, who owns the burden of proof at trial. If the injured bicyclist was wearing a helmet then the trial lawyer should note that fact.

Elderly Man Crosses Center Line, Slamming Into Three Teens On Downstate Illinois Bicycle Trip

Three Chicago high school students were struck by an elderly man yesterday as they rode their bicycles in downstate Illinois as part of a spring break bike trip. One of the girls, Faith Dremmer, 17, was killed. The other two, Kaia Tammen, 18, and Julia Baird, 18, were seriously injured. All three girls were wearing helmets at the time. The incident was apparently caused by an 86 year old Enfield, Illinois man whose van crossed the center lane of traffic then slammed into the three girls, three friends who attended the University of Chicago Lab School. The incident occurred at around 2:00 p.m. at Shawneetown/New Haven Road and Ponds Settlement Road, north of Shawneetown. The source for this post is The Chicago Breaking News Center.

Illinois Senate Bill Would Strengthen Anti-Buzzing Law

The buzz out of Springfield is that Illinois' anti-buzzing statute is about to get a whole lot tougher. Yesterday, the state senate passed a bill amending a statute which already prohibits motor vehicles from passing less than three feet from a bicyclist on a roadway. The bill, introduced in January by Sen. Ira I. Silverstein, makes it a crime for a motorist to pass "unnecessarily close to, toward, or near a bicyclist." A driver may be charged with a felony where violation of the law results in "great bodily harm" or permanent injury. The bill also makes it a crime to throw objects at bicyclists.

The bill has been sent to the Illinois House where it is expected to pass.

Will the passage of this law make cycling on Illinois roads safer? Probably not. But it adds an arrow in the quiver of civil practice attorneys and criminal law enforcement officers when going after drivers who injure bicyclists. Bravo.

Three Pro-Bicycle Bills Being Considered By Illinois Legislature

Three bills are presently making their way through the Illinois legislature that would have a positive impact on bicycling in our state. The bills, proposed by the League of Illinois Bicyclists, would allow production of a permanent "Share the Road" Illinois license plate; encourage better education for motorists on sharing the road; and establish penalties for motorists that harass bicyclists. To read more about these important pieces of proposed legislation click here.

Video Shows That "Idaho Stops" Are Common Among Motorists

I have advocated for a change in Illinois law to permit bicyclists to take the "slow and go" approach (sometimes called an "Idaho stop") with regard to stop signs and traffic lights. Presently, bicyclists in our state -- like motor vehicle drivers -- are required to come to a complete stop at traffic control devices. However, as I argued in August, the current state of the law does not reflect how bicyclists should reasonably be expected to operate on roadways, especially in crowded urban settings .

One objection to enacting an Idaho stop law in Illinois is that bicyclists should not receive special treatment. They are indeed treated by our law as "vehicles" and one might argue that all vehicles should be subject to the same rules. The driver may argue, If I have to stop so should Joe bicyclist. That position is not without logic. But in the city, don't motor vehicles usually slow and go themselves; at least at stop signs? The amusing video posted below (which I found at chicagobikeracing.com) reflects how city motor vehicle drivers tend to approach stop signs. I am not suggesting that stop signs be effectively turned into yield signs for motorized traffic. But let's stop pretending that "slow and go" is something radical. We all do it, motorists and bicyclists. I submit that for bicyclists the law should permit this practice. It is much easier for a car, truck or bus to come to a complete stop then proceed forward again. Unlike bicycles they do not rely upon the strength and physical dexterity of the operator to move. Also, bikes do not pose the same hazard to other roadway users and pedestrians that motor vehicles do. The risk of permitting bicyclists to adopt the Idaho stop is far less than permitting cars and trucks to slow and go. Finally, in crowded urban settings bicycle use should be encouraged as a means for getting around. They do not pollute the air and provide significant health benefits for the bicyclist. Permitting the Idaho stop may make the riding experience more pleasant and thereby encourage more folks to peddle to the store and to work.

League Releases List of "Complete Streets"

The League of Illinois Bicyclists has released its 2009 "Complete Streets" list for the Chicago area. Since 2007 the League has annually released its list of recent roadway projects yielding streets designed to accommodate bicycle, pedestrian and motor vehicle traffic. The League is firm in its belief that a street is "complete" when it is "designed to enable safe access for all users." Of the 46 Chicago area road designs analyzed only six received A ratings. These included roadways in Skokie, Schaumburg, Worth, Algonquin, Hoffman Estates and LaGrange.