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Monday, December 23, 2013

2013: The Year's Biggest Bicycle Stories

There were some major ups and downs for bicycling in Chicago in 2013.  It was a year that saw a major uptick in the popularity of transportation cycling in our city.  It was also a year of losses which the bicycling community will never forget.  Here are the top five Chicago cycling stories of 2013:

5.  The Illinois Department of Transportation (IDOT) placed a moratorium on the installation of protected bike lanes in Chicago.  In February, our friends at Streetsblog Chicago reported that IDOT -- which has jurisdiction over many streets in Chicago -- refused to allow the installation of protected bike lanes until at least three years of crash data could be collected.  Steetsblog pointed out that the moratorium was in places inconsistent with the plans and recommendations of the Chicago Department of Transportation.  IDOT's stance was frustrating to some in light of the availability of crash data from other cities which had significant experience with protected bike lanes.  In May, following the death of cyclist, Bobby Cann, who was killed on Clybourn Avenue, a road under IDOT's jursidiction and which lacked a protected bike lane, concern over the moratorium increased.  Many wondered if the existence of a protected lane where Cann was killed might have prevented the tragedy.  In October, at a memorial service for Cann it was announced that IDOT had backed off somewhat and would allow a protected bicycle lane to be installed on Clybourn.

4.  The City of Chicago and the State of Illinois clarified laws allowing people on bicycles to pass drivers on the right.  In June, Chicago's City Council passed the 2013 Bicycle Safety Ordinance which, among other things, stated that 
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)

In August, the State followed suit passing a fix to the Illinois Motor Vehicle Code stating that human powered two wheeled vehicles are not barred from passing motor vehicles on the right.

The amendments were necessary to aid police departments confused over whether cyclists may pass on the right.  Unnecessary traffic citations to bicyclists were sometimes the result of this confusion.  With the changes in place"Illinoisans riding bicycles may confidently pass slow-moving cars on the right side of the road and know that they are on solid ground legally," said Max Muller, Director of Government Relations for the Active Transportation Alliance.

Our law firm worked with Active Trans, CDOT and State Representative Laura Fine to draft the changes.

3.  In November, Gabe Klein, impassioned new wave infrastructure crusader, stepped away from his post as CDOT commissioner.  Early this month, his lieutenant, deputy commissioner Scott Kubly also called it quites.  Commissioner Klein was the driving force behind Chicago's push in recent years to install bicycle friendly infrastructure.  Under his watch, Chicago saw hundreds of miles of new protected and buffered bicycle lanes put in place and the implementation of a world class bike share system.  When he announced that he would be returning to the private sector many in bicycle advocacy assumed that Kubly would fill his shoes, allowing for a smooth transition and continuation of bike friendly changes.  With both gone, and with no successors yet to be named, the future of cycling in Chicago is perhaps less clear.

2.  The death of Bobby Cann shook Chicago's bicycling community to its core.  On a May 29th at around 6:35 p.m., Cann was struck and killed by Ryne San Hamel who was allegedly driving his Mercedes sedan 20 miles per hour over the speed limit.  San Hamel was charged with driving under the influence, having an alleged blood alcohol content of .127, well over the legal limit.  There was immediate wide spread outrage at the driver, heartfelt empathy for Cann's family and many friends, and fear among regular city cyclists.  A temporary memorial popped up at the site of the crash, which occurred outside of iconic Chicago bike shop Yojimbo's Garage.  In October, Clybourn Avenue was named Honorary Bobby Cann Way.  That same month The Reader featured Cann on its front page with the headline, "Death of a Cyclist."

Others died riding their bicycles in Chicago in 2013.  None of those lives were less important than Cann's.  But there was something about his death that shook the broader community deeper.  Perhaps it was because it happened while he was riding home from work in the early evening, on a sunny late spring day.  Maybe the fact that Cann was known to be a experienced safe city cyclist freaked a lot of people out. He was not the sort to run lights.  If it could happen to him, it could happen to any of us.  Perhaps much of it had to do with the driver, a young man himself, he was a partner with a business venture called allyoucandrink.com.  Pictures of San Hamel partying and appearing to drink substantial amounts of alcohol circulated over the internet.  The fact that San Hamel has been criminally charged, a relative rarity where a driver hurts or kills a cyclist, has increased its broad impact.   San Hamel seemed like the poster child of the world's worst driver and an uncaring, self-absorbed asshole.

1.  But the biggest story of 2013 was an undeniably positive one, the launch of Chicago's bike share program, Divvy.  Launched in June, Divvy has taken off with koisks popping up all over the city, a gazillion miles racked up by riders and an impressive safety record.  The idea of grabbing a public bike from one street corner and leaving it at a station near one's destination as proven to be a big hit.  At $75 for unlimited use for a year, or $7 per each half hour on a pay-as-you-go plan, it is an extremely cost effective and enjoyable way to get around town.  So popular has bike share been in Chicago that even during one of the coldest Decembers in recent memory Divvy bikes are routinely seen being pedaled all around town.

The best thing about Divvy is that it is for everybody, old and young, brave and less-so.  The bikes are heavy, slow, convenient and comfortable.  With step through frames and chain guards you can ride them in a suit or in a dress.  The program and its increasing popularity encourages everyone to ride the city, threatening to breakdown the us versus them mentality.  In the future aided by Divvy we are all people who ride bikes.

Wednesday, December 18, 2013

Hysteria Over Bicycle Helmets Could Subvert Justice

Somewhere along the way, well-intentioned people ended up doing harm to the people they wanted to protect.  I do not know exactly when it happened, but sometime between the 1970s, when no one wore helmets to ride their bikes, to now, when those who do not are viewed as reckless fools, good intentions went off the tracks.  The desire of health care professionals to see fewer children with head injuries by wearing helmets was and is a good thing.  But that desire has morphed into into something harmful.

Riding with a helmet is no longer merely a safety issue, it is a credibility issue as well.  Ride without one and risk being viewed as lacking good sense, as reckless.  When the news media reports on a bicycle crash there is often mention of whether the cyclist wore a helmet or not that often seems like a non sequitur. Sometimes it is sounds like a down right accusation.  Oh, she wasn't wearing a helmet.  They she deserved to get hit by that bus.  Just last month, The Chicago Sun Times published a snarky piece* critical of Chicago's new bike share program, Divvy, for not offering helmets to riders.  "Waiting To Happen:  Clueless riders.  No helmets.  Divvys everywhere.  What could go wrong?" screeched the sarcastic headline.  

The media's focus on helmet wearing is both is misinformed and threatens to undermine a cyclist's ability to receive justice in the event of a crash.

Wearing a helmet may reduce the risk of sustaining certain kinds of injuries, primarily skull fractures.  Also, certain types of higher risk forms of cycling -- road racing, dirt jumping -- should be done with a protected dome.  However, risks of head injury from slow bike riding and "transportation cycling" seem to be pretty darn low.  In the very same snarky Sun Times article which insisted that bike share was a tragedy just waiting to happen was an important statistic:  Of the 679,925 trips taken on Divvy bikes up to that point, only 7 accidents had been reported to Divvy.  Seven, or, .001% of the trips taken resulted in an accident being reported to Divvy.  A look at safety figures from other bike share systems around longer suggest that serious injuries to Divvy riders will remain low.  The current issue of Momentum Magazine offers some impressive statistics regarding bike share.
After 4.5 million trips, no user in London, UK, has been seriously injured or killed in a traffic crash.  Minneapolis, MN, can boast the same impressive record after 1 million trips; New York City, NY, after 3.1 million trips; Washington, DC, after 4 million trips; and Mexico City, Mexico, after 1.6 million trips.
These numbers suggest that the decision not to wear a helmet while riding a slow bike for transportation is a perfectly reasonable choice to make.

The reasonableness of that decision is important in the context of an injury claim.  In a personal injury case no single factor is more important toward a successful outcome than the credibility of the person bringing the claim or lawsuit.  The plaintiff's credibility is important every step of the way.  The police who arrive at the scene of a crash will immediately assess the victim's credibility.  Very often police reports note whether the bicyclist was wearing a helmet, even though helmet use is not required by law.  A driver's insurance company will consider the credibility of the injured cyclist and will be more likely to resolve the case early if it seems that, along with the driver's negligence, the cyclist was doing everything right.  Ultimately, a jury will be asked to consider the conduct of the defendant.  But the plaintiff's conduct -- the actions of the person bringing the lawsuit -- is always considered as well.  If the plaintiff makes a poor impression, either in the courtroom or with their past conduct, a jury will be disinclined to render a favorable verdict even in the face of evidence of the defendant's negligence.  There is no question, that at trial, at least in an urban setting, jurors will wonder whether the bicyclist had been wearing a helmet at the time of the crash.  They will wonder this even though Illinois laws forbids them to do so.  Two Illinois cases, Clarkson v. Wright and Moore v. Swoboda, 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).

All of this constant attention on bicycle helmets may poison potential jurors' attitudes toward cyclists who choose to ride without one.  The impact such attitudes may have on any particular case may be hard to gauge.  The attorney trying a bicycle case in front of jury must question potential jurors in voir dire about their attitudes regarding people who ride their bikes in the city.  Attitudes about helmet use should be questioned in order to determine whether your client will get a fair shake.

But long term, the hyperventilating about helmet use must stop.  

* I was interviewed for the article and said that under certain circumstances a company that rented bikes could be held liable for failing to provide a helmet.  I expressed that I thought it unlikely that liability could arise in the bike share context but that sentiment did not quite come out in the article.

Monday, December 9, 2013

Marine, Aspiring Chef, Bicyclist Killed By Alleged Drunk Driver

Hector Avalos
Courtesy DNAinfo.com
Hector Avalos was a Marine, a good son, a hard working chef, and a guy who rode his bicycle everywhere. On Friday night an allegedly drunk driver took his life as the 28 year old pedaled home from work.

Bail was set yesterday in what the judge called "a tragedy of epic proportions".  The driver, "Robert Vais, 54, of Riverside, has been charged with a felony count of aggravated driving under the influence," according to mySuburbanLife.com.  Vais' blood alcohol content was .118 at the time of the crash, according to The Chicago Tribune.  The legal limit is .08.  The Tribune quoted police as describing that, "Vais' eyes were bloodshot and he smelled of alcohol" at the scene.

The deadly crash occurred at about 11:50 p.m. near 2500 West Ogden Avenue in Chicago.  Vais was driving a 2002 Ford Winstar westbound on Ogden when he struck Avalos who was riding home from his shift at El Hefe Super Macho Taqueria.  An experienced cyclist and lover of the outdoors, Jesus Vargas, head chef at El Hefe, told DNAinfo.com that, "Avalos was an avid cyclist who 'loved riding his bike'."

"He'd always ride the bike no matter what."

Avalos served five years in the Marine Corp and was studying to be a chef.


Thursday, December 5, 2013

Oak Park Wrong To Mandate That Children Wear Bike Helmets

Sofia Kevenides learning to ride.
Oak Park has chosen the stick rather than the carrot when it comes to encouraging safe cycling for children. A new village ordinance will punish the parents of children under 17 where they are caught riding without a helmet.  This is the wrong approach.

Few sensible people would dispute the benefits of encouraging children to ride their bikes.  Bikes promote independence and good health for kids (and adults).  They also happen to be really fun. Injuries sometimes occur, so kids should be taught safe riding practices and should be encouraged to wear a helmet. When kids wear bike helmets the chance of injury is very significantly reduced. According to Children's Hospital of Illinois, "Wearing a proper fitting helmet can reduce the chances of serious head injuries by 85%." It is hard to argue with statistics like that.

However, as a parent the first trick is to get a child riding in the first place.  My six year old daughter rides a two wheeler now.  She loves it.  She wears a helmet.  But, such was not always the case.  At first, when she was about four, she did not love getting on her bike.  My wife and I had to nudge her a bit.  Once we got her pedaling, we took up the helmet battle.  Often she just would not wear one.  Against my better judgement at the time, I let her ride in the driveway and in front of our Logan Square home with her curls flying free in the breeze, helmetless.  I was just glad that she was riding and liking it.  Sometimes she fell and suffered minor scraps, mostly on her knees and hands.  She never hit her head.  She rode so slowly that it never seemed like she was at risk of a significant head injury even if she crashed.  Eventually, she came to enjoy riding and got good at it.  The helmet came next and it was no big deal.  She always saw her dad wearing one so it seemed like the natural thing to do.  At this point I am glad it did not sweat the helmet thing too much.  I just did not want to fight with her about it.  I wanted her to see all things bicycle in a positive way. Fighting over wearing a helmet did not seem worth it.  I feared it would turn her off riding and would discourage her from getting on her bike.  Once she started enjoying her bike, we more forcefully encouraged her to wear a helmet.

Parents learn quickly to pick their battles with their children as the grow from babies to toddlers to full on knee-skinning, dirt pile jumping kids.  Yeah, children should be encouraged to bike with a helmet, but first they should be encouraged to just ride.  Parents need some leeway with regard to how to accomplish that. The new Oak Park ordinance is fairly harsh.  "Parents of children under 17 will be required to pay a $25 fine or perform up to four hours of community service if their child is caught three times riding a bicycle without a helmet," according to The Chicago Tribune.  Many parents will feel it necessary to force their children to wear a helmet in the face of this potential punishment.  Some may even receive the misleading message that if the law requires helmet use perhaps biking is just too dangerous an activity for their kids.  In my opinion, helmet use for kids and adults alike should be encouraged, not mandated.

Tuesday, November 26, 2013

Video Captures Bicycle, Taxi Crash; Lawsuit Filed

A lawsuit has been filed against a taxi cab company and its driver for causing a crash that seriously injured a Chicago man as he rode his bicycle in Bucktown.  Our law firm represents the cyclist.

The 34 year old man sustained a skull fracture and bleeding into his brain from the crash.  He spent six days in Advocate Illinois Masonic Medical Center before being released into his family's care.  He continues to undergo treatment for a brain injury.  He was wearing a helmet at the time of the crash.

The incident occurred at the intersection of North Damen Avenue and West Fullerton Avenue at 11:47 p.m. on November 8th.  The cyclist was riding from his parent's home to his apartment traveling north on Damen in a bicycle lane.  He was riding with operating front and rear lights on his bike.  At Damen's intersection with Fullerton the driver of a white 2011 Ford Escape taxi, also northbound on Damen, turned right without signaling onto Fullerton directly into the bicyclist's path.  The driver's sudden maneuver caused the cyclist to strike the passenger side of the vehicle.  The cyclist hit his head and was rendered unconscious at the scene. The driver immediately pulled over and three passengers rushed from the taxi to the downed man's aid and called 911.

The Illinois Traffic Crash Report pertaining to the incident reflects a very different version of events.  It states that the bicyclist, "was NB [northbound] on Damen and disregarded traffic signal and collided with [taxi] which was EB [eastbound] on Fullerton."  See below.  (The report confuses Unit 1 and Unit 2.  But it seems to communicate the reporting officer's understanding that the bicyclist caused the crash by running a red light.)

Narrative portion of Illinois Traffic Crash Report
Concerned, I spoke with the people who were riding in the cab at the time of the crash.  They told me that the crash occurred just as the driver was making a right turn.  They told me that the Crash Report did not accurately reflect what they told the police at the scene.

Hoping to uncover more solid evidence regarding how the crash occurred, we sent a Freedom of Information Act request to the Chicago Department of Transportation requesting video from the red light cameras in the intersection.  One of the cameras recorded the crash.  The video, taken by a camera looking south on Damen, shows the white taxi (a small SUV) proceeding north on Damen.  The light at Fullerton is green and when it reaches the intersection, it turns right.  Just as it does the blinking white light on the front of the bicycle is seen going down to the street.  The taxi driver immediately pulls over to the curb on Fullerton. See below.


We do not know who the source was for the narrative contained in the Crash Report.  However, the red light camera video contradicts it.  Also, the taxi passengers told me that on the night of the crash they were traveling from Big Star, a Wicker Park restaurant located at 1531 North Damen, to Wrigleyville.  It would certainly make sense for them to have traveled north on Damen to Fullerton, then east.

What the video shows is a classic "right hook" crash, one of the most common types of collisions between motor vehicles and bicycles in an urban setting.  We have alleged that by turning right in front of a person riding a bike, that the cab driver violated several portions of the Illinois Vehicle Code, including the section that requires drivers to give cyclists three feet of space when passing.  We have also alleged that the driver violated numerous sections of the Municipal Code of Chicago, including 9-16-020(d), which explicitly prohibits drivers from turning right in front of a bicyclist when it is not safe to do so.

Thursday, November 21, 2013

No Ticket, No Compensation?

The following originally appeared in Urban Velo as part of my regular column, Cycling Legalese:
If you’re involved in an automobile/bicycle collision it is in your best interest to call the police and get a report, but how will it impact a potential claim for injury or damage compensation if the police officer doesn’t issue a ticket to the driver on the spot?
Q:After I was hit by a car, the police did not give the driver a ticket. How will that affect my ability to receive compensation from the driver for my injuries?
A traffic ticket issued to a driver for causing a crash may aid a bicyclist’s personal injury case. But, failure of the police to ticket a driver will generally have no impact at all on the cyclist’s case.
Most police officers try hard to do the right thing. But strip away the badge and the uniform and what you are left with is a fallible human being. After a crash, you may know with cosmic certainty that the driver that hit you was in the wrong. Police officers arriving after the fact will not have a clue about what happened. They may have a pissed-off, injured bicyclists telling them one thing, a frustrated, nervous driver telling them another, and a mess of backed-up city traffic. Figuring out what happened and who was at fault may not be knowable, and/or may be the least of their concerns. Sometimes the responding officer will take his or her best guess as to what happened and issue a ticket. Let the judge sort it out. Other times a cop will throw his or her hands up and keep the ticket book tucked away.
To be sure, I sometimes shake my head when the police fail to ticket a driver. It is astonishing when a driver is not ticketed, for example, after dooring a cyclist in broad daylight. Other times I suspect that a police officer holds an anti-bike prejudice. Just the other day, I was in court in a suburb of Chicago defending a bicyclist who was hit from behind by a vehicle whose driver crossed a double yellow line and hit him as the cyclist began a left turn. The officer ticketed the cyclist for failing to signal his intent to turn, even though the officer documented that witnesses reported that the cyclist had indeed signaled. The judge ultimately threw out the ticket, but, sheesh!
When a driver is ticketed after a crash, he or she will generally be given a date to appear in court and enter a plea, guilty/not guilty. It is very important that the bicyclist appear at that court date. The cyclist will be the complaining witness, without whom the prosecution will not be able to prove a traffic violation (assuming the issuing police officer did not actually witness the incident). The officer that wrote the ticket will generally not be permitted to testify as to what someone else said happened. Such testimony is considered hearsay and cannot serve as a basis for a conviction. It is a good idea to arrive at the hearing early so you or your lawyer can seek out the prosecutor and let them know that you are present and ready to testify against the driver. In city traffic court the prosecutor will have about a zillion cases he or she is dealing with at once and will likely appreciate the presence of a complaining witness willing to cooperate and explain what the case is about. Depending on what the presiding judge generally allows, the prosecutor may then seek out the driver in the courtroom and explain their options. Sometimes an agreement to plead guilty will result in a lesser punishment for the driver then a finding of guilt by the judge after a time consuming trial. In my experience, many drivers take that deal. This is important. A plea of guilty in the criminal/traffic case is admissible in evidence as an admission in the subsequent civil/personal injury case. The driver will have a very difficult time wiggling free from a claim of negligence after pleading guilty. However, a finding of guilt (or not) at trial is not admissible in the personal injury case. In most jurisdictions a jury considering the personal injury case would never learn of the earlier verdict arising from the traffic citation.

So, if the driver is ticketed after a crash, great. Go to the traffic citation hearing. If the driver does not get a ticket, do not sweat it.

Thursday, November 14, 2013

Does Cycling In Chicago Have A Future?

I am worried about the future of cycling in Chicago.

CDOT commissioner, and avid daily cyclist, Gable Klein is stepping down.  Long time Chicago Bicycle Program leader, Ben Gomberg, is gone and has not been replaced.  The city's bicycle infrastructure - while better than what we had before (nothing) - seems stuck in beta.  Far from world inspiring, ours is not even the best cycle-specific infrastructure in the Midwest. Chicago bicyclists continue to face considerable hostility on our streets.  I for one am growing impatient at the speed of the change that so many bicycle advocates, including this one, have praised.  

These are not popular sentiments, I know.  We are told to be thankful for what we have now and just wait; it will get better the City promises.  More bike lanes are being built.  More people are biking in the city than perhaps ever before, increasing awareness among drivers.  Both of those things are plainly true.  But it is not enough.  I am staring at shelves full of carnage, bicyclists hit by cars, injured, often very seriously. "Between 2005 and 2010, there were nearly 9,000 crashes involving bicyclists, with 32 bicyclist fatalities,"  according to the City of Chicago 2012 Bicycle Crash Analysis.

The architects of how far we have come as a cycling city are Gabe Klein and Ben Gomberg.  Commissioner Klein has accomplished a lot in the short time he has been here.  Mayor Rahm Emanuel's choice of an innovative outsider to become CDOT commissioner is to be applauded.  There were no protected bicycle lanes, really no focus on making Chicago bicycle friendly, until Klein got here.  And make no mistake, Klein is someone who gets it.  He is a daily cyclist.  I know because I have seen him on his Masi commuter numerous times around the city.  I have also had the chance to speak with him about biking in the city.  I remember one conversation in particular at a fundraising event at SRAM headquarters last summer.  I was needling him a bit about how the law should be changed to allow cyclists to treat stop as yield, when he admitted that that might make sense and that even he sometimes took that approach at intersections when riding the city.  Now Klein is leaving for the private sector, and I am worried about whether growth of our cycling infrastructure will continue.  It is unclear who his replacement will be.  Whoever it is will they demonstrate the same commitment to cycling that Klein did?  

Also gone from CDOT is Ben Gomberg, another real deal bike guy who worked for decades with the City to advance safe cycling.  Often I saw Gomberg riding Milwaukee Avenue in his bright yellow safety vest on my ride into the Loop.  His small framed, red Giant mountain bike was locked to a street sign outside of 30 North LaSalle Street nearly every day.  (I always wondered why he did not lock up to a bike rack.  I never asked him.  Perhaps he did not want to take rack space away from a civilian.) Gomberg was head of the Chicago Bicycle Program, an initiative within CDOT charged with implementing and directing bicycle infrastructure changes, bicycle parking and rider safety and education.  Earlier this year, Gomberg was also put in charge of launching Chicago's very successful bike sharing program, Divvy.  Now, he too is gone.  The new head of the Bike Program is Janet Attarian.  She is a long time City employee and architect by trade. She also rides her bike to work.  However, she is not just Bicycle Program director.   Actually, the Program itself has been transformed.  At the beginning of the year, the City combined several programs into what is now the Complete Streets Program.  Those programs include the Pedestrian Program, the Streets Keeping Sustainable Design Program, the Green Alley Program, the Green Streets Program and the Bicycle Program. Attarian now oversees all of that.  No longer is there someone whose focus is exclusively on The Bicycle Program.  That is troubling.

I commute by bike to my office on State Street from my home in Logan Square every day.  Generally, I take Milwaukee Avenue.  As I share that well bike traveled road while being passed by CTA buses, cement mixers and other vehicles that may squash me if I make a mistake, I am reminded that Chicago has a long way to go.  The City is well aware that Milwaukee Avenue is one of the busiest and most dangerous bicycle corridors in Chicago.  The City of Chicago 2012 Bicycle Crash Analysis states, "The largest concentration of bicycle injury crashes were located within and north of downtown Chicago.  There were also large pockets of crashes on primary diagonal streets that serve the Loop area, including Milwaukee Avenue."  The study went on to note that Milwaukee Avenue (along with Lincoln and Clark) has the highest rates of dooring incidents in the City.  Mayor Emanuel himself recently witnessed first hand the dangers cyclists face on Milwaukee Avenue, coming to the rescue of a woman run down by a large truck at the intersection of Milwaukee and Ogden.  Despite this knowledge, the City is not doing nearly enough.  Milwaukee Avenue, between North Avenue and Division does not even have a dedicated bike lane, only faded sharrows lamely direct motorists and cyclists to "Share The Road."  Presently, Milwaukee, between Ogden and the expressway overpass, is torn up due to roadway construction.  Extensive road work sometimes needs to be done.  Okay, but the City and/or its contractors have made no accommodations for bicyclists using Milwaukee Avenue during construction.  Cyclists, cars, buses and large trucks are fighting for space on that bumpy, treacherous stretch of Milwaukee.  This is unacceptable.  A temporary bike lane should be created for use during the construction project so that the cyclists, mostly commuters to and from the Loop, can pass safely on this street that they have come to rely upon.  

Mayor Emanuel has said that, "One of my top priorities as mayor is to create a bike network that allows every Chicagoan - from kids on their first ride to senior citizens on their way to the grocery store - to feel safe on our streets."  Ride Milwaukee and see that we are nowhere close to that.

Can we please stop saying that Chicago is a great cycling city?  It is not.  Yeah, yeah, we have come a long way.  But there was really only one way to go.  Going from nothing to something is technically progress, but I wish the City would stop patting itself on the back.  We are not even the best city for cycling in the Midwest. Minneapolis is generally regarded as one of the best, if not the best, cycling city in the United States.  In terms of innovation, Indianapolis is kicking our ass.  Recently that city completed an eight mile biking and walking path through the heart of the city that is just gorgeous.  Called the Indianapolis Cultural Trail, it separates bicycles and pedestrians from motor vehicle traffic with pleasant looking, sustainable planters.  In most places, cyclists and pedestrians are separated from each other as well.  This is not some recreational path either, a la the Chicago Lakefront Trail.  It connects people to places they actually want and need to go. There simply is nothing like it in Chicago.  The Dearborn bike lane comes closest, but really is not on the same scale.

Aside from the crashes and the injuries, the general hostility cyclists face riding on Chicago's streets is bad.  It could always be worse, but that is no excuse.  Consider, for example a video that emerged this week of a young woman who accidentally found herself riding a Divvy bike on Lake Shore Drive.  The video, displayed with unseemly glee by the media, shows one driver and his passenger, and many others who do not seem to care, mocking a cyclist in serious danger.  It is not pretty.  As one person noted on The Chainlink, a stray dog loose on LSD would have received more kindly attention and help.  This attitude is not surprising and the media likes to fan it.  On Monday, Crain's Chicago Business tried to stoke anger between cyclists and drivers with an article titled, Why everyone hates bicyclists -- and why they hate everyone back. Cyclists do not hate drivers.  We just want to ride with a little space and be left alone.  Stop telling us we need to grow up and stop running stop signs.  Anecdotes about the occasional scofflaw aside, bicyclists obey traffic laws where they make sense.  Where they do not we do what has to be done to stay safe.

We are at a crossroads.  The low hanging fruit has already been plucked with regard to the creation of bike lanes.  The first few miles of protected bike lanes have been around for a while now.  Get over it.  Painting the street next to the gutter green and placing some collapsible plastic poles just will not cut it anymore.  City planners wanted people on bikes and now they have got them.  Chicago's efforts to create a truly viable cycling city must move on to the next level.

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