The Law Offices of James M. Freeman, P.C.

Most Chicago cyclists know that a white headlight and red rear reflector are required under Illinois State Law and the Chicago Municipal Ordinance. While Illinois State law does not specifically require a red rear light, many municipalities do require red taillights. Municipalities can require bicyclists to use equipment in addition to that which is required under Illinois Law, so if you are caught in such a municipality without required equipment you may be cited for a violation of the municipal code.

While there is no statewide helmet law, many municipalities have municipal ordinances requiring helmets. If you are riding through any city with a helmet law and you have no helmet you risk being charged and convicted of a helmet violation. You should be aware of local helmet laws to avoid any trouble.

In Chicago there is a requirement that bicycle messengers have a helmet and safety vest:

Insurance adjusters are typically not experienced in dealing with bicycle accidents. Sometimes they are provided with a list of questions to address when evaluating bicycle claims, but they don't typically seem to be familiar with laws that apply to cyclists in Illinois. One of the questions insurance adjusters always ask me about my bicycle cases is, "Was he/she wearing a helmet?"

Pedestrian/automobile accidents are some of the bloodiest accidents an attorney will ever see. Years ago I knew an undertaker who would never stand near a street corner becuase of all the people he had buried over the years who had been run down while just standing on the corner of a street waiting to cross. The law in Chicago is actually reasonably favorable with respect to pedestrians. Pedestrians have the right-of-way on sidewalks and in marked crosswalks unless the pedestrian has a red light or "don't walk" signal.

Active Transportation Alliance and Law Offices of James Freeman will be equipping cyclists with headlights and red reflectors tonight in effort to educate cyclists about proper lighting and reflective equipment.

See the Tribune's coverage here.

John Greenfield wrote a good article about the ambiguous signage on the lake front trail at Montrose. At the intersection of Montrose and the Lake Front Path, street traffic traveling on Montrose has a stop sign while traffic on the lake front path has yield signs. What is CDOT trying to do?

Since my post on Chicago's Bicycle Safety Ordinance I have received a number of comments to the effect of, "What about the cyclists who disobey laws? How about passing some laws to deal with rogue cyclists?" To be clear, I have no interest in voicing the opinions of motorists here, rather I think it is important to understand why Chicago, of all places, has such a "problem" with rogue cyclists.

Last week you may have heard about the Chicago Police Department ticketing cyclists for headlight violations. I, for one, am glad to hear it.

The law is clear, bicyclists are expected to adhere to traffic laws. If you do not you endanger yourself and others. Sure, the danger posed by a cyclist is somewhat less imposing than that of a car, but it isn't as if cyclists can't injure pedestrians or motorists. I have personally seen cases where cyclists were sued after they injured pedestrians.

Chicago's Bicycle Safety Ordinance is finally up and available on the web at the Chicago Department of Transportation's Chicago Bicycle Laws page.