Blogging For Bicyclists' Rights by the bike lawyers of the Freeman Kevenides Law Firm
Thursday, September 30, 2010
10 Year Old Pontiac Boy Killed By Pick-up Truck While Bicycling
A 10 year old boy was struck and killed by a pickup truck while riding his bicycle with his family in rural Owego Township yesterday. The boy, Bryan Baker, of Pontiac was hit as he rode along County Road 1900 East, while crossing Route 116 East. According to the Pontiac Daily Leader, Bryan was traveling northbound when he was struck by the eastbound truck.
Labels:
boy struck by pickup truck,
Bryan Baker,
Pontiac
Monday, September 27, 2010
eXplaining eBikes And The Law
One of the hottest trends in the bicycle industry today is the e-bike, a regular looking bicycle with a small electric motor ("e") that can be switched on or off. Switch it off when you want to pedal and on when you don't. These are not at all like motorcycles, nor are they mopeds, both of which are substantially more powerful than e-bikes. In Chicago, the law permits an e-bike rider to do pretty much whatever can be done with a old-fashioned peddle bike. Recently, I received an email from a reader inquiring about this issue:
Was on your blog but can't find this: are motorized bikes allowed on the Lakefront path in Chicago? Thanks for any help. My son wants to ride his to work in South Loop from North Side.
Cyndi M.
* * * * *
Cyndi,
Thanks for your question. Certain types of motorized bikes are governed by the same rules that apply to regular, old-fashioned pedal bikes, and are permitted on Chicago's Lakefront path. "Low-speed electric bicycles" and "low-speed gas bicycles" are permitted on the path. Mopeds and motorcycles are not. To be considered a "low-speed" bike, the cycle must (a) have fully operable pedals, (b) an electric or gas powered motor of less than 1 horse power, and (c) have a maximum speed of less than 20 mph.
Hope this helps.
Brendan.
Was on your blog but can't find this: are motorized bikes allowed on the Lakefront path in Chicago? Thanks for any help. My son wants to ride his to work in South Loop from North Side.
Cyndi M.
* * * * *
Cyndi,
Thanks for your question. Certain types of motorized bikes are governed by the same rules that apply to regular, old-fashioned pedal bikes, and are permitted on Chicago's Lakefront path. "Low-speed electric bicycles" and "low-speed gas bicycles" are permitted on the path. Mopeds and motorcycles are not. To be considered a "low-speed" bike, the cycle must (a) have fully operable pedals, (b) an electric or gas powered motor of less than 1 horse power, and (c) have a maximum speed of less than 20 mph.
Hope this helps.
Brendan.
Labels:
ebikes,
electric bicycles,
electric bikes
Wednesday, September 22, 2010
Weird, Creepy Bicycle Safety Film From Yesteryear Shares Some Important Lessons
The bicycle safety video below is entitled One Got Fat and is from 1963. All of the points and lessons shared in the video are relevant to Illinois bicyclists today. . . but, man is this a weird and creepy film. Enjoy!
Wednesday, September 15, 2010
Non-owners Car Insurance, An Option For Carless Bicyclists
Going carless; it seems like it is becoming more popular these days in Chicago. Though traffic congestion seems as daunting as ever, a lot of city people are choosing to live, work, shop and play without a car. Many use public transportation, bicycles or plain shoe leather to get around and find that they simply don't miss their old four wheeled motorized friend, and the cost and negative environmental impact that went with it. For those occasions when a car or truck is necessary, renting a vehicle by the hour is easy and relatively cheap via services like iGo and Zipcar. While I own a car, I must tip my hat to those who do without by choice. However, there is at least one important downside to not owning a car, not having car insurance.
As I've described in the past, a bicyclist's own motor vehicle insurance may provide coverage if he or she is seriously injured by a motorist who either lacks insurance or who has insufficient coverage. Even when riding a bicycle, the uninsured or underinsured motorist provision of a cyclist's own car insurance may protect him or her in this situation. For example, a car owning bicyclist is out riding around when he is struck and injured by a driver. The cyclist sustains $100,000 in damages as a result. The driver only has a $20,000 insurance policy, and the biker has $100,000 in underinsured motorist coverage. In that circumstance, the driver's insurer should turn over the $20,000, and the cyclist's own insurer should cover the remaining $80,000 to fully compensate the bicyclist. But what of the carless bicyclist? To protect himself or herself, the carless person would be wise to purchase a non-owners car insurance policy. These policies are offered by many insurance companies and tend to cost considerably less than a car owners policy. Importantly, they will protect the non-car owning bicyclist who is injured by an uninsured or underinsured driver. These policies may also protect the non car owning pedestrian who is injured by a driver. The other nice thing about non-owners policies is that if you decide that the no car thing is not for you, you will have established an insurance history which may help you get a fair rate on car insurance.
Not all insurance policies are the same. Non-owners car insurance policies may differ materially from one to the other, so make sure that you ask your insurance agent lots of questions, making sure you understand exactly when the policy you are buying will and will not cover you.
Click here to read more about non-owners car insurance.
As I've described in the past, a bicyclist's own motor vehicle insurance may provide coverage if he or she is seriously injured by a motorist who either lacks insurance or who has insufficient coverage. Even when riding a bicycle, the uninsured or underinsured motorist provision of a cyclist's own car insurance may protect him or her in this situation. For example, a car owning bicyclist is out riding around when he is struck and injured by a driver. The cyclist sustains $100,000 in damages as a result. The driver only has a $20,000 insurance policy, and the biker has $100,000 in underinsured motorist coverage. In that circumstance, the driver's insurer should turn over the $20,000, and the cyclist's own insurer should cover the remaining $80,000 to fully compensate the bicyclist. But what of the carless bicyclist? To protect himself or herself, the carless person would be wise to purchase a non-owners car insurance policy. These policies are offered by many insurance companies and tend to cost considerably less than a car owners policy. Importantly, they will protect the non-car owning bicyclist who is injured by an uninsured or underinsured driver. These policies may also protect the non car owning pedestrian who is injured by a driver. The other nice thing about non-owners policies is that if you decide that the no car thing is not for you, you will have established an insurance history which may help you get a fair rate on car insurance.
Not all insurance policies are the same. Non-owners car insurance policies may differ materially from one to the other, so make sure that you ask your insurance agent lots of questions, making sure you understand exactly when the policy you are buying will and will not cover you.
Click here to read more about non-owners car insurance.
Monday, September 13, 2010
Bicyclist In Critical Condition Following Lincoln Park Collision With Vehicle
A bicyclist was struck by a motorist this morning in Lincoln Park and is in critical condition at Advocate Illinois Masonic Medical Center. The incident occurred in the 2600 block of North Lincoln Avenue at around 9:30 a.m. No further details have been released.
This matter was reported on the Chicago Breaking News Center.
This matter was reported on the Chicago Breaking News Center.
Friday, September 10, 2010
Time Out On Drinking and Bicycling
The article below, written by John Greenfield, appears in the current edition of Time Out Chicago.
(I do like to call myself the "Chicago Bicycle Advocate," especially when I'm alone, but my friends call me Mr. Chicago Bicycle Advocate;-)
When I ride my bicycle home from a bar drunk, am I breaking the law?
(I do like to call myself the "Chicago Bicycle Advocate," especially when I'm alone, but my friends call me Mr. Chicago Bicycle Advocate;-)
When I ride my bicycle home from a bar drunk, am I breaking the law?
By John Greenfield
Photo: Andrew Nawrocki
A Crocked Chicago cyclists can’t be charged with a DUI, says Brendan Kevenides, a lawyer who specializes in bike cases and calls himself the Chicago Bicycle Advocate. In 1995, the Illinois Appellate Court decided this issue in People v. Schaefer, upholding the dismissal of criminal charges against a drunk bicyclist. Since state law doesn’t define a bike as a “vehicle,” the court found that Illinois’s DUI statute did not give cyclists fair warning they could face harsh penalties for pickled pedaling. Kevenides notes that cyclists can be charged with public drunkenness or disorderly conduct, but the penalties for such offenses are substantially less than those for a DUI. Even so, Active Transportation Alliance’s Margo O’Hara says it’s “dangerous and irresponsible” to spin while sauced. But Mark Cuneo, a manager at the bike-centric Handlebar Bar & Grill, recommends one reason to choose two wheels over four for a night of carousing. “Instead of driving home drunk or leaving your car overnight, you can always throw your bike in the trunk of a cab.”
Thursday, September 9, 2010
Notes From Mayor Daley's Bicycle Advisory Counsel Meeting
Yesterday, I attended the Mayor's Bicycle Advisory Counsel meeting. I was once again impressed with the intelligence and earnestness with which the folks from CDOT, IDOT, the mayor's office and the Active Transporation Alliance go about trying to address issues important to bicyclists in our city. They don't always get it right, but they are trying. These periodic meetings, which are open to the public, provide a forum for anyone to let our leaders know when they've screwed up. One veteran Chicago fire fighter, bicyclist and Northwest Side resident, Eddie Cortes, showed up yesterday and forcefully let all present know he wasn't happy about a recent failure by the city to install missing sections of bike lanes along Milwaukee Avenue. I strongly encourage members of the general public to attend these City Hall meetings whenever possible.
Bits and pieces from yesterday's meeting. . .
Bits and pieces from yesterday's meeting. . .
- During a 24 hour period in the summer/fall of 2009 over 3100 bicycles rode along Milwaukee Avenue, near the Ohio feeder. That is an incredible number of bicyclists using just one roadway feeding into the Loop. We aren't just traffic, we're a hell of a lot of traffic!
- CDOT, always on the hunt for money, has had unexpected success in wresting $345,000 from Chicago aldermen to build 6.5 miles of new bikeways and 5.5 miles of restriped bike lanes.
- CDOT is ready to begin repairing some city bike lanes in need of repair, but a supposed "world wide shortage of thermoplastic" has delayed that. Who knew?
- To create additional bike parking, the city is preparing to move orphaned bike racks from places where they are underutilized to areas in need.
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