Bicyclist Struck And Killed By Van In Logan Square

The Chicago Breaking News Center is reporting that a man on a bicycle was struck and killed by a van near the 3800 block of West Diversey Avenue in the city's Logan Square neighborhood yesterday. The bicyclist was 32.

Stylish Video Offers Reminder About The Danger Of Car Doors

Chicago bicyclists are a hardy bunch. Even in the freezing cold of winter there are plenty of bicyclists on the road. Please remember to always check your rear view mirror before exited your vehicle when you park on the street. Opening a vehicle door into a cyclist's path is extremely dangerous and can cause serious injury and even death. In the past I've written about steps bicyclists can take to avoid getting doored. Recently, I found the stylish and amusing video below on the Urban Velo website which I hope will serve as a reminder about the serious danger carelessly opened car doors present to bicyclists.

When Liability Can And Cannot Arise From A Child Learning To Ride

Parents of young children just learning to ride a bicycle worry about injuries. A small child on a bicycle or tricycle can be especially difficult for a motorist to notice. Also, young kids tend to be fearless to a fault. On the other hand, parents tend not to focus so much the harm a young child on a bicycle could cause to others, and the liability that may arise from a child's early efforts at staying upright on a bike. This wasn't a topic on my mind until I came across a 2001 case from the Illinois Appellate Court's second district, Appelhans v. McFall, 325 Ill.App.3d 232 (2nd Dist. 2001). In that case, a 66 year old woman was walking along the edge of a roadway when a five year old boy rode up on his bicycle and struck her from behind, causing her to fall and fracture her hip. In her subsequent lawsuit, the woman alleged that (1) the boy was negligent in the manner in which he rode his bicycle; (2) his parents failed to instruct him on how to properly ride his bike; and (3) his parents failed to "supervise him while he rode his bicycle on a public roadway because they knew or should have know that his youth would prevent him from considering the safety of pedestrians." Appelhans, 325 Ill.App.3d at 234.

The trial court dismissed all three of the woman's allegations and the Illinois Appellate Court affirmed that decision. With regard to the allegation that the boy himself was negligent, the court reaffirmed the well-established "tender years doctrine." The court stated, "The rationale for the tender years doctrine is the belief that a child under the age of seven is incapable of recognizing and appreciating risk and is therefore deemed incapable of negligence as a matter of law. The child's immaturity limits his liability regardless of whether, as a litigant, he is the plaintiff or the defendant." Id. at 236. The court noted that had the child been between the ages of seven and 14 a jury would have been asked to consider the child's conduct considering his "age, capacity, intelligence, and experience." Id. at 238. Between seven and 14, the presumption that a minor is incapable of negligence is rebuttable. Once a person is over the age of 14, in Illinois he or she will be held to the same standard as an adult. However, under the facts it was asked to consider, the Appelhans court held that the five year old defendant could not be found guilty of negligence.

With regard to the allegations against the boy's parents for negligent supervision, the court noted that the parents had no reason to believe that their son might cause someone harm. The court stated:

In Illinois, the parent-child relationship does not automatically render parents liable for the torts of their minor children. Parents may be liable, however, if they do not adequately control or supervise their child. To prove a claim of negligent supervision, a plaintiff must show that (1) the parents were aware of specific instances of prior conduct sufficient to put them on notice that the act complained of was likely to occur and (2) the parents had the opportunity to control the child.

Id. at 238-40.

In Appelhans, the plaintiff did not allege that the parents were aware of their son striking anyone with his bike on a previous occasion. Therefore, they could not be held liable for the woman's injury. The court stated that, "We conclude that holding parents strictly liable for failing to prevent their child's negligence is unreasonable and unsupported by the law." Id. at 240.

Notwithstanding the facts alleged in Appelhans, I am inclined to believe that five-year-olds rarely cause harm to others while learning to ride their bikes. Certainly, they pose a much greater risk to themselves then to others. Unless they know that their child is prone to exceptionally devilish conduct, parents need not be too concerned about liability arising out of their young children learning to pedal around the neighborhood.

Cheap Bicycle Helmets May Offer Adequate Impact Protection, But. . .

The Bicycle Helmet Safety Institute recently conducted a study designed to determine whether cheap bicycle helmets, of the kind you might find in a department store, offer less protection than more expensive models. The study found no difference with regard to impact protection. But let's be a little careful here. Fit is important, and the study did not take that factor into account. Bicycle helmets have changed enormously over the years. A few months ago I replaced a helmet I've had since the mid-'90s with a new model. The latest helmets stay in the proper position on the rider's head much better. That means that it is likely to be where it is supposed to be when you bash your coconut against something hard like a windshield. Sometimes you have to pay more for a helmet that fits better. Also, let's not kid ourselves; many of us are vain. I am. If you (or your child) are more likely to wear a helmet because it looks like the latest and greatest, well then there are worse things on which you could spend your money.

Learn About Planning Safe Streets For Bicyclists

“The right of way doesn’t just belong to cars,” he said. “It belongs to pedestrians and bicyclists as well.”

- U.S. Transportation Secretary Ray LaHood

To help facilitate creation of transportation infrastructure that will accommodate all users -- pedestrians, bicyclists and motor vehicles -- the League of Illinois Bicyclists will conduct bike planning seminars throughout the winter. According to the League, "Everyday decisions by planners, engineers, and others affect how safe and convenient it is to bike for recreation or transportation. The seminar, a condensed version of LIB’s Summer 2009 four-week University of Illinois-Chicago urban planning course, will familiarize attendees with car/bike interactions, relevant national standards, best practices, planning tools, related “political” issues and policy techniques, tips on available funding sources, and implementation strategies."

The seminars will take place throughout the state, and in St. Louis, at various times. Click here for dates, times and locations.

The Trouble In Philly

The City of Brotherly Love has been not so much lately. Ever since two fatal accidents involving pedestrians and bicyclists in Philadelphia, tempers have gone through the roof. This week the Chicago Couriers Union blog posted a thoughtful synopsis of goings-on there. Also, yesterday's New York Times' Spokes blog outlined some of the proposed legislative backlash these unusual incidents have triggered.

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.