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

Car-free cyclists run the risk of being victimized by uninsured or under insured motorists. As I have stated many times in the past, most people in Illinois don't care about under-insured or uninsured drivers because most people in the state of Illinois drive cars. Since most people are drivers, they probably have their own uninsured motorist coverage under their auto policy. Most auto policies offer $100,000 to $250,000 in uninsured or under-insured motorist coverage.

Many suburbs require cyclists to ride single file. Although Illinois Law allows that cyclists may ride two abreast, municipalities can pass their own restrictions regarding the operation of bicycles within their city limits. Accordingly, in Chicago, and many suburbs cyclists are required to ride single file.

The Illinois Legislature is considering a measure that would amend the Illinois Motor Vehicle Code to specifically prohibit text messaging while driving. HB0072 provides that a person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.

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?"

This week I got a call from a guy who was injured when he hit a pothole on Chicago Avenue. The pothole was deep, and an obvious hazard to bicyclists who might venture across that stretch of Chicago Avenue. The stretch of Chicago Avenue where the crash occurred was not a marked bike route or bike lane. The cyclist was injured in the fall. He called me wanting to know if there was any recourse against the City for failure to maintain the roadway.

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.

The price of gas is driving a wedge between Chicagoans and their beloved cars. A lot of people are choosing alternative forms of transportation. Among other things, this means that we're starting to see a lot more mopeds and motorcycles on the roads.

Under Illinois law it is illegal to open your door into traffic:

On March 20, 2008, the Third District Appellate Court delivered the opinion of Standard Mutual v. Rogers. In this case the Court addressed the issue of whether or not a driver hit by a bicyclist could make a claim for personal injuries under his uninsured motorist policy that protected against operators of uninsured motor vehicles. Standard Mutual v. Jimmie Rogers, Docket No. 3-07-0138, (Ill. 3rd Dist. 2008).

Recently I attended traffic court with one of my clients. I am always shocked to see the light punishment people receive for not having insurance. For instance, I saw a woman plead guilty to blowing a stop sign and no insurance. She was fined $25.00 for blowing the stop and $50.00 for not having insurance. The court then assessed $55.00 in court costs for a whopping total of $130.00 in fines and costs.