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Blog Posts for 2010

The blog on this website includes articles and editorials by James Freeman on subjects relevant to his legal practice. These writings are not legal advice and should not be taken as such. If you need to speak with an attorney, please contact us.

All content is copyright by The Law Offices of James M. Freeman. Readers are encouraged to share the content; which is allowable only with a link back to the relevant page on this website.

Please contact us if you have any questions about how these issues relate to your particular situation.

Chicago Launches Bike Share Program.

Chicago has finally launched its pilot bike share program according to the Chicago Tribune.  Today, for the first time, we noticed the bike share station at Daley Plaza.  Apparently there are six bike share stations in and around the downtown area.  Bikes can be rented by non-members for $10 per hour.  Membership costs $35 per month, and allows for free one hour rentals for each use.

Bicycling Ambassadors Give Away Headlights.

Last night Mayor Daley's Bicycling Ambassadors and CPD officers from the 14th district, gave away headlights to cyclists in an effort to educate them about the law with respect to lights and reflectors.  Under Illinois and Chicago law a white headlight and red rear reflector (or red taillight) are required when riding a bicycle at night.  Lucky cyclists that happened to be traveling through the intersection of Milwaukee and Logan were given a headlight and told about the headlight law as it applies to cyclists.

I guess this is the next best thing to enforcement.  I always try to get officers to hand out headlight tickets, but there seems to be no interest in traffic enforcement as it pertains to cyclists.  If CPD just handed tickets every once in a while people would be more aware of headlight laws and there would be more compliance.

Such laws are often touted as a measure to protect cyclists, but in the absence of enforcement and compliance such laws are only used against non-compliant cyclists when they are involved in an accident.  An otherwise negligent driver who injures a cyclist will argue that they didn't see the cyclist.  They will point out that the cyclist lacked a proper headlight, and they will point to the law requiring a headlight.  The defense attorney will then argue that if the cyclist had proper lights the otherwise negligent motorist would have seen the cyclist, and a perfect defense is mounted.

The bottom line is- use headlights when it's dark.  If you don't motorists can do practically whatever they want to you and just say they didn't see you, and you might even be held accountable for any damage to their car.

CTA Claims: Time is of the Essence.

If you are injured on CTA property or as a result of CTA negligence you should be aware that CTA has special treatment under Illinois law.  A lawsuit against the CTA has certain differences from a suit involving only private parties.  Inidents occuring prior to June 1, 2009 are subject to special notice requirements, and all actions against the CTA are subject to a shortened statute of limitations.

On June 1, 2009, Illinois repealed Section 41 of the Illinois Metropolitan Transit Authority Act (70 ILCS 3605/41).  This section had imposed a special 6-month notice requirement in lawsuits against the CTA.

Section 41 required the injured person, or his or her attorney, to provide “the name of the person to whom the cause of action has accrued, the name and residence of the person injured, the date and about the hour of the accident, the place or location where the accident occurred and the name and address of the attending physician, if any.” The notice must have been given to the CTA within 6 months of the injury, and had to sent to both the Secretary of the Transit Board and the Office of the General Counsel of the CTA.

Any error in the filing was grounds for dismissal, and the injured party would be “forever barred from further suing,” which caused many legitimate negligence claims against the CTA to be thrown out.

The repeal of Section 41 eliminated the 6-month notice requirement, and increased the likelihood of those filing legitimate negligence claims to have their day in court, and be able to collect appropriate damages.  The repeal of Section 41 only applies to “causes of action that accrue on or after” June 1, 2009.  The repeal of this notice requirement was long overdo, however, the shortened one-year statute of limitations still applies to claims brought against the CTA.

 

Buses and Bicyclists- Share the Road.

Share the Road - Buses and Bicycles from Chicago Bicycle Program on Vimeo.

 

This is a great video for both cyclists and bus operators.  The most common bus/bicycle collision occurs when a bicyclist is on the right hand side of the bus and the bus pulls to the curb to pickup or drop off passengers.  This video makes it clear that bus operators should maintain speed when passing a cyclist.  Cyclists can be trapped when a bus quickly decelerates and moves to the curb, creating a potentially deadly situation.  Accordingly, cyclists should never pass a stopped bus on the right, and they should anticipate that a bus may move to the curb.

No Riding on Sidewalks in Chicago

If you don't know it already, it is illegal for anyone over the age of 12 to ride a bicycle on the sidewalk in the City of Chicago.  Not only is riding on a sidewalk illegal, but it will also be used against you if you are involved in an accident. 

The most common instance where this comes into play is when a cyclist is crossing the street or an alley and is stuck by a car.  The motorist will point to riding on the sidewalk as a violation of Chicago law and use it to defend themselves against any claim the cyclist may have for any injury or damage caused by the collision. 

Stop for Pedestrians in Crosswalks.

Yesterday Governor Quinn signed HB43 into law.  Effective immediately cars are required to come to a complete stop for pedestrians in crosswalks.  The law previously required drivers to yield to pedestrians, but now they must come to a complete stop.  The "yield to pedestrians in crosswalks" has traditionally been one of the most disregarded traffic laws on the books.  This may be due to lack of proper driver education and lack of enforcement.  Hopefully the new law represents a step forward with respect to pedestrians' rights and safety. 

See the press release from the Active Transportation Alliance, excerpted below:

GOVERNOR’S SIGNATURE PROVIDES PEDESTRIAN SAFETY IN ILLINOIS
New law requires drivers to come to a complete stop for all pedestrians

Drivers in Illinois are now required to come to a complete stop for all pedestrians in crosswalks, thanks to Gov. Pat Quinn’s signature on Illinois House Bill 43.

The measure, championed by Sen. Heather Steans and Rep. Luis Arroyo, requires drivers to come to a complete stop for pedestrians in all crosswalks – even those that are unmarked or don’t have a stop sign or traffic light.

The law is effective immediately. Penalties vary by county.

This measure clarifies driver responsibility and makes it easier for police to enforce the law. Until now, Illinois law required drivers to yield and stop only when necessary. That language has lead to confusion among drivers and pedestrians, and it’s made enforcement difficult.

“We applaud the governor and the Illinois Assembly for making pedestrian safety a priority in this state,” said Melody Geraci, interim executive director of the Active Transportation Alliance. “Our streets ought to be safe spaces for families, children and neighbors. This law helps to ensure walkable and livable communities where we live, work and play.”

Illinois joins dozens of states with similar laws, including California and Massachusetts.
More than 6,000 pedestrians are hit by cars in Illinois each year, according to the Illinois Department of Transportation. These crashes result in more than 1,000 serious injuries and 170 fatalities annually.


The text of 625 ILCS 5/11-1002(a) reads as follows (note the HB 43 changes as indicated):

    Sec. 11-1002. Pedestrians' right-of-way at crosswalks. (a)
When traffic control signals are not in place or not in
operation the driver of a vehicle shall stop and yield the
right-of-way, slowing down or stopping if need be to so yield,
to a pedestrian crossing the roadway within a crosswalk when
the pedestrian is upon the half of the roadway upon which the
vehicle is traveling, or when the pedestrian is approaching so
closely from the opposite half of the roadway as to be in
danger.

Charges Droppped in the Death of Darcy Allan Sheppard.

Last month charges were dropped against the former Attorney General of Ontario, Michael Bryant, after an incident in which he fled the scene after a fatal bicycle/car crash.  As an attorney who has handled many hit-and-run cases, I'm not surprised by this disappointing outcome.  Neither is Bob Mionske, who analyzed and rebutted the arguments for dismissing the charges against Michael Bryant in his article, "This is Justice?"

I estimate, based on my experience, that one in five bicycle/auto collisions in Chicago is a hit-and-run.  Often times, a hit-and-run collision starts out as a moment of inattention or recklessness followed by a panicked decision to flee.  Other times hit-and-run collisions are the result of and intentional act or road rage.  Either way, there is no excuse for leaving the scene of a collision.  Defendants in hit-and-tun cases often claim that the victim, "...was fine.  So I left."  They sometimes, as in the case of Michael Bryant, claim that they were simply acting out of fear for their safety.  This defense usually goes something like this, "The pedestrian/bicyclist was screaming and acting aggressive.  I was scared and just trying to get away."  This defense may be believable in instances where a motorist calls the police immediately after fleeing the scene, but just to be clear, neither of these arguments is overwhelmingly effective in my experience.  

Victims of hit and run accidents are encouraged to call us to discuss their potential legal recourse.  Even in instances where the defendant gets away and cannot be identified there may be ways to recover for your expenses and/or injuries.  In fact, we have had several very successful results in cases where the hit-and-run defendant is never found.  

See some stories about Darcy Allan Sheppard and Michael Bryant hit-and-run collision can be found here, here and here.

Some interesting videos of the incident can be found here, here, and here.

Chicago: The Painful Truth.

John Greenfield has rocked the boat again with his recent article in New City.  Greenfield, a former C-DOT/CBF consultant, suggests several reasons why Chicago is falling behind other bicycle friendly cities.  He contends that there is a general stagnation of new ideas from the City with respect to bicycle initiatives and infrastructure. 

If you haven't read his article you can find it here, or on his Blog (Vote with Your Feet) here.  His article is well worth your tine to read.

Illinois Anti-Bicycle Harassment Law.

Governor Quinn has officially signed Illinois first specific Anti-Bicycle Harassment statute into law.  Effective January 1, 2011, the law increases penalties for attempting to harm or threaten bicyclists. Under the law, drivers who intimidate cyclists with threats, crowding or throwing items will be subject to a Class A misdemeanor, punishable by up to one year in jail and/or a $2,500 fine.

 

Competitive? Nothing is Worth Dying For.

The New York Times recently reported on a cyclist who was killed trying to break an on-line speed record in California.  A web based service called Strava allows cyclists to post their ride statistics and compare themselves to other riders in their area.  It is marketed as a training tool and resource for new bike routes.  Strava lists, among other things, speed records.  Apparently a California cyclist was attempting to recapture a speed record when he crashed and was killed.