AAA Bicycle Safety Videos Offer Mixed Messages

The American Automobile Association (AAA) and the League of American Bicyclists have teamed up to produce a series of bicycle safety videos.  The short films emphasize the "Share The Road" philosophy and offer tips on how cyclists and drivers can do so.  I've watched three of the videos (see below).  They're ok.  There is nothing particularly new or compelling about the information provided or the production approach.  If I have one complaint it is that they emphasize cycling as a recreation activity, showing helmeted children in school parking lots, lycra clad athletes and hybrid riders on bike paths.  The videos emphasize that cyclists should wear helmets AT ALL TIMES! and should don day-glow clothing to improve their chances of being seen by motorists.  There is nothing wrong with this advice.  But by reenforcing cycling as a recreational activity requiring protective gear and special clothing, the message that bicycles are valid transportation tools deserving of equal respect on the road gets watered-down or perhaps lost all together.  The images in the videos encourage motorists to see bicycling as either a child's game or a frivolous activity.  I would have rather seen folks commuting to work, moms carting kids and delivery riders on cargo bikes depicted.  It would have been nice to see people just going about their ordinary lives on bikes.  That would have sent a much stronger message.

Not So Nice (bicycle) Rack Recalled

Salsa Cycles is recalling about 1,100 bicycle racks because they can break and cause riders to crash.  Yesterday, the company, along with the U.S. Consumer Product Safety Commission, announced the recall of Salsa's "Minimalist" bicycle racks after receiving reports of breakage causing rider injuries.  When mounted on the front of the bicycle, "The L-shaped mounting straps used to attach the bicycle rack to the front of the bicycle can break and cause the rack to fall while the bicycle is in use," according to a press release.  Certainly a front rack loaded with panniers or perhaps a 12 pack that suddenly fails could result in a scary situation for the rider.  The racks sold nationwide for about $80.

If you have one of these racks on your bike stop using it and contact an authorized Salsa dealer for inspection, re-mounting or a refund.

Dogs And Bicycles May Not Mix

Who knows what goes on inside a dog's brain most of the time.  However, I am reasonably certain of what that mush of canine gray matter says to the mound of fur, teeth and muscle that surrounds it when the eyes and nose sense something the dog wants:  GET IT!  Sometimes what the dog wants is a metal and rubber contraption zipping by with a lump of human meat planted on top of it.  Whether by an actual bite or a crash caused by giving chase, dogs can and do cause serious injuries to bicyclists.  In Illinois the owner of a dog, or any other animal, may be held liable for injuries it causes.  In many instances it is not necessary to prove that the owner of the dog was in any way negligent to recover money damages.

Illinois' Animal Control Act states:

If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.  510 ILCS 5/15.

In plain language if you are injured by a dog or because of a dog, e.g. because you were chased, you may receive compensation from the dog's owner so long as you did not provoke the dog and you were peaceably riding in a place you were permitted to be.  Under those circumstances it is not necessary to demonstrate that the owner knew or should have known that the dog was dangerous or a had a propensity to bite or chase bicyclists.  It is enough to simply be injured by a dog to take advantage of the protections provided by our state's Animal Control Act.

Of course, the goal when out riding is not to come away with a viable lawsuit, but rather to enjoy the ride; to get from point to point safely, hopefully avoiding being attacked by an animal.   Here are some ways to avoid being attacked by a dog to begin with:

• Be aware of your surroundings.  Look around you periodically and do not ride with headphones.  This may help you become aware of a dog who may give chase with enough lead time to up your pace and get away quicker and easier.

• Know your route.  When possible pick a route you know is free of dogs and other animals that may tend to roam free.  Also, when out mountain biking in a rural area stay on public use paths and try to avoid crossing onto private property that may harbor a territorial canine. 

• Ride in a group.  A dog may be less inclined to chase a group of riders.  Besides in a group you don't need to be faster than the dog.  You just need to be faster than the slowest rider.

If you are attacked by a dog and are injured you should take the same sorts of measures you would in any other kind of bicycle crash case to protect yourself and your rights.  You should do the following:

• First, get yourself out of danger.  Try to get away from the animal to avoid further injury.  If you have a water bottle with you try squirting the dog to get it to leave you alone.

• Call for help.  One of the most important pieces of safety equipment to can have with you on a ride is a mobile phone.  Use it to call 911.

• Take photos.  While you have your phone out, use its camera to photograph the dog, so it can be identified later, and your surroundings.  If possible, also photograph your bike and your injuries.

• When the police arrive make sure they fill out an accident report.  Don't let the police talk you out of doing so.  You always want a police report.  Make the responding officer aware of any possible witnesses to the incident.

• Contact a lawyer to discuss the possibility of bringing a case against the dog's owner.

Chicago Bicycle Delivery Rider Doored, Hit By Passing Vehicle

A pinball.  That's how a 25 year old bicyclist must have felt after being doored then hit by a passing car last weekend.  The incident occurred at around 5:30 p.m. on April 28th.  The bicyclist, working as a food delivery rider at the time, was pedaling in the dedicated bicycle lane southbound near 2048 North Halsted when the driver's side door of a 2003 Infiniti parked along the curb opened in front of him.  Instinctively taking evasive action, he grabbed his brakes and steered left.  The maneuver wasn't enough however to avoid striking the door with his right hand.  Off balance he was pushed into southbound traffic where he was struck by the side of a passing car.  That second impact send him sprawling into the street.  The passing car did not stop.

After waiting for police to arrive and gathering contact information of the driver that doored him, banged up, bruised and with searing pain in his ribs, the bicyclist found his way to Illinois Masonic Medical Center where he received treatment.  My law firm is representing the bicyclist against the the Infiniti driver who started the cascade of events that caused his injuries.

Some "Car Guys" Love Bikes

Car people - I mean NASCAR loving gear heads - hate bikes. . .  Right?  Not so much.  The cars vs. bikes thing has always been more media fed perception then reality.  The truth is most cyclists are drivers too.  And at least some "car guys" are cyclists.  Check out this PSA with a real life NASCAR driver:

Chicago Bicyclist Hit By SUV Emerging From Alley Still Recovering From Injuries

In the dark at around 8:00 p.m. on December 2, 2011 the driver of a Volvo SUV shot out of an alleyway near 4813 West Belle Plaine Avenue in Chicago and struck a 42 year old bicyclist.  The driver had just come from the drive through of the nearby Walgreens Pharmacy which empties traffic into the alley.  She was traveling with three young children in her vehicle.  The bicyclist was riding his bike to the Walgreens to pick up a DVD rental.  His wife and two daughters were awaiting his return at home to enjoy family movie night.  The collision resulted in a serious shoulder injury requiring surgery and from which the cyclist has yet to recover.

My law firm has been retained to represent the bicyclist.

Smile, You're Blocking The Bike Lane!

A lot of folks have worked hard for many years to make Chicago's infrastructure better for bicyclists.  Perhaps the greatest advance has been the building of bike lanes which give cyclists a place on the streets to call their own.  So it really drives a lot of bicyclists nuts when people park or stop or do anything but bike in Chicago's bike lanes.  We all see them on a daily basis:  cars, delivery trucks, taxi cabs, etc. stopped or parked in the bike lanes.  Let me be clear, every time someone does that they are breaking the law.  The law creates no exceptions.  Here is the relevant City of Chicago ordinance:

9-40-060 Driving, standing or parking on bicycle paths or lanes prohibited - 

The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane. In addition to the fine provided in Section 9-4-025 of this Code, any vehicle parked in violation of this section shall be subject to an immediate tow and removal to a city vehicle pound or authorized garage.Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 9-1-99, p. 10503, § 1; Amended Coun. J. 3-12-08, p. 22781, § 1

Reading the Chainlink this morning, I learned that one concerned and enterprising person has created a Tumblr page where anyone can upload photos of people blocking a bike lane.  Click here to upload your photo.  (Please be careful to stop your bike if you are going to take photos while out cycling.)