Chicago has nearly 300 miles of dedicated bike lanes. Their purpose is to enable bicyclists to ride at their preferred speeds without traffic interference and to encourage predictable behavior and movement between drivers of motor vehicles and bicyclists. Bike lanes offer considerably more safety protection than what might be available in motor vehicle traffic lanes. It’s against the law for motorists to drive, idle or park in bike lanes. Bike lanes in Chicago are located next to the lanes that vehicles use, and they typically flow in the same direction as motor vehicle traffic. Sometimes, they might permit two-way bike traffic.
Riding Outside of Bike Lanes
The general rule is that since bicycles are vehicles, they have the right to use the road. In the City of Chicago, it’s not mandatory for bicyclists to ride in bike lanes. There’s no ordinance that requires riding exclusively in bike lanes, and there’s no law prohibiting bicyclists from leaving bike lanes either.
Why Leave the Increased Safety of a Bike Lane?
There are any number of reasons why a bicyclist might want to leave a bike lane, nearly all of which are for his or her own safety. There might be large and deep cracks or potholes in bike lanes, or a lane might be partially or completely obstructed. Different cyclists traveling in the same direction might be traveling at different speeds too. Just because it’s against the law to obstruct a bike lane with a motor vehicle doesn’t mean that drivers aren’t going to obstruct one anyway. Streets might be otherwise clear, but snow might be plowed to the sides and obstruct bike lanes too.
Comparative Negligence
Whether you’re riding in a bike lane or a lane of traffic, you’re operating a vehicle. Illinois law requires you to exercise due care and caution for the safety of the person and property of others and for the safety of your own person and property too. Illinois recognizes the fact that two or more people might be at fault in the same accident. After an accident, one person’s carelessness and negligence might be weighed against that of another person. That’s known as the law of comparative negligence. A bike rider can still be determined to be comparatively negligent even if he or she is involved in an accident in a bicycle lane. Any percentage of fault for the accident that’s attributable to him or her can be deduced from a gross verdict award. In Illinois, if a person is determined to be more than 50% at fault for an accident, he or she is barred from any award at all.
Deny Allegations of Comparative Negligence
Don’t apologize at the scene of an accident and don’t remark about it in any social media posts that you might create. Never give a statement of any kind to an opposing insurance company either. Illinois law doesn’t require you to do that, and whatever you say can be used against you in an effort to attack your credibility and devalue your claim., an opposing insurer will typically allege comparative negligence against a bicyclist. Any allegations of comparative negligence must be strenuously denied.