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

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.

A south Carolina jury recently awarded 7.5 million dollars to the families of two cyclists killed by a "distracted driver."  The driver was apparently talking on her cell phone when she struck the two cyclists from behind.  In pre-trial arguments the attorney for the families called driving while talking on a cell phone "the new DUI." 

Cell phone use is a common contributing factor for collisions.  Pursuant to Chicago Municipal Code section 9-76-230, drivers in Chicago are required to talk on hands-free devices, however, some say hands-free requirement is simply a step sideways.  Paul Atchley, assistant professor of psychology from the University of Kansas summed it up nicely when he said, "It's not having your hands taken away, it's having your mind taken away from the road. As people who drive a standard car -- or stick shift -- know, you can drive a car with one hand, because you have one hand on the stick. But when you start talking, it's not the actual holding onto the object that's important, it's the planning of the conversation, which takes away resources from attending to the road..."  Atchley maintains that hands-free requirements are, "really missing the point entirely because hands-free cell phones are no safer than hands-on cell phones. It's the conversation -- not touching the buttons on the keypad -- that is critical."  Research has shown that drivers talking on their cellular phones are four times more likely have a collision than if they were not talking on a cellular phone.

In Illinois, as of January 1, 2010, it is illegal to text while driving (see 625 ILCS 5/12-610.2).

Deerfield has its own fairly comprehensive bicycle laws on the books. Some things to keep in mind are:

• White headlight AND white front reflector as well as a red rear reflector are required
• Persons under 16 are required to use helmets
• Kids under 12 must use the sidewalks when riding along Deerfield Road, Waukegan Road or County Line (Lake-Cook) Road
• In business districts bicycles may be ridden on sidewalks
• Riders must ride single file
• No cycling under the influence of drugs or alcohol
• No riding no-handed

Sec. 22-121. Safety equipment of bicycles.
Every bicycle operated upon any street, sidewalk, alley or public way or place shall be in such mechanical condition and equipped as follows:
(a) Mechanical condition. No person shall operate a bicycle which is not in such mechanical condition so that it can be safely operated. (M.C. 1963, Sec. 20.715 and Ch. 20A)
(b) Brakes. Every bicycle shall be equipped with a brake adequate to control movement of and stop and hold such bicycle. (Ord. 0-77-65, 10-17-77)
(c) Lights and Reflectors: During the period from sunset to sunrise, every bicycle operated in the Village shall be equipped with the following lights and reflector equipment: on the front of said bicycle with a lighted lamp which shall be emitting a white light visible from a distance of at least 500 feet to the front and with a clear reflex reflector button not less than one and one half inches (1 1/2") in diameter on the front visible to the front; and on the rear of said bicycle with a red reflex reflector button not less than one and one half inches (1 1/2") in diameter which shall be at all times unobstructed and visible to the rear from a distance of at least 300 feet. A lamp emitting a red light visible to the rear may also be used. The lights and reflectors herein provided for shall be securely fixed and attached to the bicycle and no flashlights shall be substituted therefor. (M.C. 1963, Sec. 20.715 and Ch. 20A)
(d) Sirens Prohibited. No bicycles shall be equipped nor shall any person use upon any bicycle any siren, gong or whistle. (Ord. 0-77-65, 10-17-77)
(e) Equipment Required Upon Sale of Bicycle: (M.C. 1963, Sec. 20.715 and Ch. 20A)
(1) No person shall sell a bicycle that is not equipped with the equipment provided for in Section 22-121(b) and that portion of Section 22-121(c) dealing with reflectors. (Ord. 0-77-65, 10-17-77)
(2) No person shall sell or offer for sale a new bicycle or a bicycle pedal that is not equipped with a reflex reflector on each pedal visible from the front and rear of the bicycle during darkness from a distance of at least 200 feet.
(3) No person shall sell or offer for sale a new bicycle that is not equipped with side reflectors which shall consist of an amber colored reflector mounted or affixed to the front of the center of the bicycle and a red reflector mounted or affixed to the rear of the center of the bicycle; such reflectors to be visible from each side of the bicycle from a distance of at least 500 feet. After January 1, 1975, these side reflector requirements may be met by reflective material at least 3/16 of an inch in width, being amber and red in color and attached or affixed to the front and rear tire or rim, to indicate, as clearly as possible, the continuous circular shape and size of the tires or rims of such bicycle. (M.C. 1963, § 20.715, Ch. 20A)

Sec. 22-121A. Helmets Required:
(a) Every person under the age of sixteen (16) years shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the American Society for Testing and Materials or the Snell Memorial Foundation, Inc., whenever that person is upon a public highway, sidewalk, bicycle path or other public right of way within the corporate limits of the Village and is riding or being carried on any bicycle or any carrier attached to or pulled by a bicycle, or is skateboarding or using in-line skates.
(b) The provisions of Section 22-160A of this Chapter shall apply to any violation of any provision of subsection (a) of this Section, provided, however, notwithstanding anything contained herein or in said Section 22-160A of this Chapter to the contrary, compliance may be demonstrated within ten (10) days following issuance of a compliance ticket at the Village Police Station by proof of possession of a helmet that meets the standards specified in subsection (a) of this Section; and, solely with respect to the first such violation, there shall be no requirement to pay any fee as specified in Section 22-160A of this Chapter.
(c) A violation of this Section shall not constitute negligence, contributory negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, or participation in skateboarding or in-line skating, nor shall anything in this Section change any existing law, rule or procedure pertaining to any civil action. (Ord. 0-97-29, 7-7-1997)

Sec. 22-122. Operation Of Bicycles:
Bicycles are hereby classed as vehicles and every person operating a bicycle in any public way in the Village shall be subject to the provisions of the State vehicle laws and all traffic ordinances except such provisions in conflict with this Chapter or which by their nature can have no application.
(a) Obedience To Traffic Directions: It shall be unlawful for any person operating a bicycle to fail or refuse to comply with any order, signal or direction of a police officer, or to disobey the instructions of any official traffic sign, signal or other traffic-control device.
(b) Riding On Bicycles:
(1) A person operating a bicycle shall not ride other than upon or astride the permanent and regular seat attached thereto, nor carry any other person upon such bicycle other than upon a firmly attached regular seat thereon, nor shall any person ride upon a bicycle other than as above authorized.
(2) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
(c) Speed: No bicycle shall be operated at any time faster than is reasonable, proper and prudent under the conditions then existing, and every bicycle shall be operated with reasonable regard to the safety of the rider and of other persons, property and vehicles.
(d) Riding On Sidewalks:
(1) No bicycle shall be operated by a person under twelve (12) years of age along and upon Deerfield Road or Waukegan Road or County Line (Lake-Cook) Road within the corporate limits of the Village, except on the public sidewalks adjoining said roadways.
(2) Due and proper care shall at all times be exercised by the bicycle operator for the pedestrians. Under all circumstances, bicycle operators, riding or walking their bicycles, shall yield the right of way to pedestrians using a sidewalk or path. When approaching a pedestrian(s) on the sidewalk, an audible signal shall be given at least twenty five feet (25') distance from the pedestrian(s) and the speed of the bicycle shall not be increased until the pedestrian(s) has been passed.
(3) In business districts bicycles may be ridden on sidewalks.
(e) Riding On Right: Every person operating a bicycle shall keep to the right and shall operate as nearly as practical at the right-hand edge of the path, sidewalk, street or roadway.
(f) Riding In A Group: When more than two (2) persons in a group are operating bicycles on a street or roadway, they shall ride single file and it shall be unlawful for them to ride abreast of each other.
(g) Stopping Or Turning: The operator of a bicycle on a roadway, when making a right turn, shall follow the right-hand edge of the roadway, and the operator of a bicycle on a roadway, when making a left turn, shall proceed to the far side of the intersection, bring the bicycle to a complete stop and look in both directions prior to turning. No operator of a bicycle shall start, slow down, stop or attempt to turn without first indicating such movement as provided by State laws for the operation of a motor vehicle.
(h) Coming Out Of Alleys, Driveways Or Buildings: The operator of a bicycle coming out of an alley, driveway or building shall stop before riding on or across a sidewalk or into a street or roadway if the view is obscured. Such operator shall, in all cases, yield the right of way to all pedestrians approaching on said sidewalk, and to all vehicles approaching on said street or roadway.
(i) Clinging To Vehicles: It shall be unlawful for any person operating a bicycle to cling or to attach himself, or the bicycle, to any other moving vehicle or object.
(j) Carrying Articles: No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping both hands upon the bicycle handlebars.
(k) Under Influence Of Liquor Or Drugs: It is unlawful for any person to operate a bicycle within the Village while under the influence of liquor or drugs.
(l) Trick Riding: It shall be unlawful for any person operating a bicycle on the public streets, sidewalks, roadways or on any public way to engage in any kind of trick or unsafe riding, including, but not limited to, riding without the use of any hands on the handlebars.
(m) Prohibited Areas For Bicycles: Bicycles are prohibited to be operated in any area where appropriate signs are posted. (M.C. 1963, § 20.715, Ch. 20A)

Sec. 22-123. Parking Bicycles:
(a) It shall be unlawful to park any bicycle along buildings in such manner as to interfere with pedestrians, or along roadways where they may interfere with traffic or with persons getting into or out of motor vehicles. No person other than the owner or operator shall move, or in any manner, interfere with any bicycle properly parked, nor shall any person interfere or, in any manner, hinder any person from properly parking a bicycle, except that members of the Police Department and Fire Department may move, or, in proper cases, prevent the parking of the bicycle, when, in the judgment of the policeman or fireman, his action is necessary in order to properly safeguard persons or property.
(b) The Chief of Police will cause bicycle parking racks to be installed at places to be determined by him within the central business district. No bicycle shall be parked within one hundred feet (100') of such bicycle parking racks except in said racks. (M.C. 1963, § 20.715, Ch. 20A)

Naperville basically adopts the laws applicable to bicyclists in the Illinois Motor Vehicle Code.

11-4-3: LIMITATIONS; BICYCLES, SKATEBOARDS, ROLLER SKATES AND IN-LINE SKATES:
1.The rules for riding and operating bicycles shall be as set forth in provisions of the Illinois Vehicle Code pertaining to bicycles adopted by reference by Section 11-1-1 of this Code unless otherwise provided herein.
2.No bicycles shall be operated upon any sidewalk in the Central Business District or shopping center within the City. (Ord. 94-166, 9-6-1994)