Operator's Insurance

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. Driver's don't care about uninsured motorists, becuase they have their own insurance coverage that will be activated by a collision with an under insured or uninsured motorist.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/29/operators-insurance

Parking Mopeds on Bike Racks and Sidewalks.

Jerome e-mailed me regarding bike racks and mopeds.

Jerome wrote:

As the weather turns warm the bike rack outside my downtown office building is literally teaming with bikes. Lately there have been a couple scooters parked at the bike rack. One typically has a note stuck to it that quotes a law that seems to allow scooters to use bike racks. Today I noticed that the scooter had been ticketed despite the note. Is it legal for scooters to lock to bike racks?

Thanks,

Jerome

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/28/parking-mopeds-bike-racks-and-sidewalks

A Helmet Law I Like...

Deerfield did it right with respect to their helmet law. Excerpted below, Deerfield's village code requires persons under the age of 16 to use a helmet, it provides for standards the helmet must meet, and it allows that proof of compliance within 10 days after the violation may be used as a defense. More importantly, Deerfield built in language that prohibits a lack of helmet to be used against a cyclist in a civil suit. This means that drivers who negligently hit a cyclist who was not wearing a helmet will not be able to assert the lack of helmet as evidence of contributory negligence.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/26/helmet-law-i

Arlington Heights Bicycle Laws

I'll be giving a presentation and answering questions about bicycling and the law at the upcoming Arlington Heights Bicycle Club meeting. The meeting will be held on May 27, 2009 at 7:30pm at 500 E. Miner Avenue (Recreation Park) in Arlington Heights. In anticipation of my presentation I thought it appropriate to examine the local law relating to the use and operation of bicycles. The Arlington Heights Village Code bicycle regulations are listed on the Village of Arlington Heights' web site- here

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/20/arlington-heights-bicycle-laws

Single file in the burbs...

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 manner and operation of bicycles within their city limits. Accordingly, in Chicago, and many suburbs cyclists are required to ride single file.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/20/single-file-suburbs

Rear Lights are Required in Many Chicago Suburbs.

Most Chicago cyclists know that a white headlight and red rear reflector is 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. Worse yet, if you are struck by a car and you don't have the required equipment you may be blamed for the collision.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/18/rear-lights-are-required-many-chicago-suburbs

Distracted Driving.

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.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/13/distracted-driving

Messenger Helmet Laws in Chicago...

While there is no state wide 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.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/11/messenger-helmet-laws-chicago

Helmet Laws.

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 claim, 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?"

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/06/helmet-laws

Doorings by Taxi Passengers.

Mario sent the following e-mail:

Lawyer Jim, I have heard of people getting doored by cabbie passengers. How would that be handled?

If you are doored or caused to crash by a taxi passenger who opens a door in your path you should get the information of not only the driver, but also the passenger who open the door.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/04/doorings-taxi-passengers

Potholes in the Street.

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.

For the rest of this post, please see:
http://lawyerjimfreeman.com/blog/2009/05/01/potholes-street