I know things are bad here, but spare a thought for our across the pond friends in the state of Illinois, USA.
Cyclist Clark Alave had lodged a complaint against the state's capital city of Chicago four years ago, after striking a five-inch-deep pothole near Western and Leland avenues in Lincoln Square, fracturing his teeth and suffering facial cuts, scars and injuries to his hip and shoulder in the process.
> Los Angeles cyclist awarded $6.5m damages after pothole crash
The suit was first dismissed by the Cook County circuit court in July 2021, but a court of appeal later reversed that decision and upheld the suit.
However now, the Illinois Supreme Court this month has ruled that the city won't be liable for injuries sustained by Alave... because the roadway was not "intended" for cyclists.
In the striking ruling which could have ripple effects for cyclists throughout the country, the state Supreme Court said that cyclists are only "permitted" users of the road, and not "intended" users unless there is specific signage or bike lanes are present.
This is despite the Chicago Municipal Code which grants cyclists permission to ride on streets in the city. The state also has its own Bicycle Rules of the Road document, which states: "Bicycles are not defined as vehicles but generally have the same rights and responsibilities as motor vehicle drivers".
However the court said that "this does not mean that the city intended bicyclists to use every roadway in the city that motorists are intended to use".
Cyclists on social media have expressed their frustration and dejection at the court's decision, calling it "backwards" and "asinine".
> Chicago cop charged after trying to pin blame for collision on injured cyclist
Twitter user John the Cliff Dweller said: "Bike riders pay the same taxes but get to use only 10% of city thoroughfares. This ruling indemnified the city to improve and expand the network of "intended" surfaces for use of bicyclists."
Another person raised concerns of the danger of this ruling, commenting that it could potentially be be used against cyclists hit by motor vehicle drivers.
The cycling advocacy group Ride Illinois, meanwhile, has been left disappointed and is seeking further legal action to challenge the Supreme Court's ruling, and has filed amicus briefs in support of the plaintiff, reports ABC News.
Dave Simmons, executive director of Ride Illinois, said in an interview with Capitol News Illinois that he was "frustrated" with the court ruling. He said: "There should be some responsibility, and the fact that bicycles are permitted - and not intended users - of the road just thwarts our efforts to make biking, in turn walking, something that more people can use to get around or enjoy."
Add new comment
25 comments
Am I the only one wondering why being permitted to use a road, rather than being the intended user, removes the legal responsibility of the road owner to make it safe. Surely if you permit someone to use something, you are responsible for making it safe for them?
I don't understand how the authorities can permit use of something without taking responsibility for making it safe: is this some kind of language problem with Americanish?
No surprises that the cyclist is blamed by a few despite the driver actually being jailed for a year
https://www.west-midlands.police.uk/news/driver-jailed-year-causing-horr...
The Chicago has judges all over 55, and is heavily gerrymandered in favour of Democrats.
But I don't think these will be getting any help from the Trumpite majority on the US Supreme Court.
Speaking as someone who has been over fifty-five since October, I'm not sure that's an age at which, as you seem to imply, one becomes incapable of decent decision making.
Looks like Chicago city council have unintentionally permitted a bike hire dock at the location of this pothole:
https://maps.app.goo.gl/TYd5WywdVjVtfHcU9
Driver jailed for a year for causing horror crash with cyclist
https://www.west-midlands.police.uk/news/driver-jailed-year-causing-horr...
Cyclist appears to be wearing hi vis and helmet on the video.
Only a 2 year ban and only careless, not dangerous, driving.
The West Midlands Police seems to think that this sentence will shock potential offenders, whereas he will be out in 6 months and like-minded drivers will simply think 6 months isn't too bad, and the only penalty for driving without a licence would be a longer ban to ignore
Obviously too lenient but a good result when compared to this one from essex
https://road.cc/content/news/motorist-racially-abused-and-reversed-cycli...
suspended sentence and 20 month ban for delberately ramming and injuring cyclists.
Obviously too lenient but a good result when compared to this one from essex:
https://road.cc/content/news/motorist-racially-abused-and-reversed-cycli...
suspended sentence and 20 month ban for deliberately ramming and injuring cyclists.
The driver of the silver people carrier should hand their licence in too - for being a see you next tuesday and not stopping. What the hell is wrong with people.
And hi-viz counts for nothing if drivers don't look. As the driver didn't come to a halt, it's a classic of two moving objects on a constant converging course relative to each other. Again.
Seeing that highlights how I got to spend 9 hours in St George's A&E for the same sort of incident.
The reason I mentioned hi viz and helmet is that the defence would not be able to use lack of these in mitigation. They obviously shouldn't be able to do that any way but it has been done in the past.
I kind of appreciate that in Chicago my bicycle would have as much agency as a driver...?
I can't be bothered to google it but iirc there was a similar US court case some years ago, where a cyclist went between the planks on one of those quaint wooden covered bridges. The local authorities had removed planks for repair and not bothered signposting this fact because no cars would fall through. Long story short, the cyclist lost the case and the town council was found to have no liability then either
That was the previous Illinois precedent that this case unfortunately upheld. Both terrible rulings. I'm in Illinois (not Chicago though). Hopefully the legislature does something about it. They did improve bike law somewhat just five years ago or so, so there's hope.
"but luckily my bike helmet protected me well"
Interesting slant on the helmet debate. Turns out they're to protect us from a mugging! Who knew?
So, are they going to put up signs on all the junctions onto these particular kinds of streets, or on all the borders into the municipality or county or state where this bullshit legal definition applies, saying, "Warning, cycling is not an intended use of this road, proceed at your own risk"? This is the country, after all, that necessitated the addition of "May contain nuts" warnings on packets of peanuts.
Reason #473 never to move to the United States.
With peanuts being legumes rather than nuts, and with nut allergies capable of being fatal, what is wrong with warning nut-allergy sufferers that a bag of not-nuts might contain trace elements of something that might kill them?
Someone needs to point out to the lawmakers and courts in the US that bicycles (cyclists?) were on the roads for a fair while before cars were invented...
RE “Cyclists only permitted users of the road, not intended”
Meh. One of the most auto-centric places in the world, with courts (currently top to bottom) even more active than those in the UK to defend "tradition" / the rights of the wealthy / powerful interests, currently in a particularly bitter state of polarisation.
Surely they have it arse about face. Motorists are the ones who need a licence to dive on the roads and as such, are literally permitted. Cyclists have the right to be there.
From the Twitter/X feed
"Bike riders pay the same taxes but get to use only 10% of city thoroughfares. "
...followed by...
"No matter how wrong this ruling is, your understanding of taxes and the utilization is more wrong. Fuel taxes pay for the upkeep of roads. That would be motorized vehicles that utilize petrol."
...so, by that logic, EVs should "get off our roads"
The lack of consideration for others, in today's society seems to be both irrational and off the scale.
Part of the issue is that social media allows idiots to find each other really easily and pat each other on the back for their shitty world view that even a retard would probably question. Even 2 minutes of googling would tell them that cars don't even come close to contributing enough for road maintenance through any direct taxation of motoring related items. Fucking morons.
Can't be bothered to google it now but I thought that "direct" motor taxes more than covered "the roads budget" e.g. the construction and maintenance of motor infra? The maintenance bit is clouded by this being split between national (e.g. Highways England) and local groups (national parliaments, councils and local authorities) of course and it is now apparent that we haven't doing enough of the latter.
However - what it doesn't cover is all the "externalities" - these are "what we choose not to include in these figures" e.g.:
Environmental effects such as pollution, rapid water run-off from all the non-permeable surface e.g. roads.
Health effects - pollution again including particulates from tyres; direct KSIs from crashes - detailed guide to economic impacts / UK summary of economic impacts - assessed as a notable fraction of GDP (allowing for estimates of unreported crashes also), encouraging sedentarism, effect of road noise on sleep etc.
Damage to infrastructure (crashing into "road furniture", buildings - although if you throw in insurance perhaps that covers some?) etc.
Of course we should note the benefits of mass motor transport and haulage. Although given that motor travel is bound up with our "way of life" (of the last 100-ish years, say) that can be hard to quantify. There is far more than the bare economics of it - private motor vehicles tie in to our concepts of adulthood, status, "freedom" and autonomy... and even "keeping people connected" although often that's actually patching around the physical disconnection which was facilitated by mass motoring in the first place etc.
This article is about the US, though. Federal fuel taxes go into the Interstate Highway Fund, which doesn't collect enough to even maintain the Interstate system (our M roads) that cyclists mostly aren't allowed on. State auto registration fees barely cover the cost of collecting them (most states it's $100-$300 per year for any vehicle.) State fuel taxes typically cover 30%-70% of state roads. The rest are county and local roads which are paid for almost entirely from the general fund, which usually comes from property taxes and sales taxes.
Even the direct costs of motoring are massively subsidized here.
Quite right, I was reverting to my UK parochial goggles again! And another nice reminder that while the US may contribute much to e.g. cycle design, flagging up the issues with motoring and highlighting good ideas from elsewhere - it's definitely not the place to copy anything from regarding active travel, planning and zoning, the suburbs or public transport...