Illinois Bicycle Law Pages

Wednesday, August 17, 2016

Details Emerge In Fatal Bike Crash On Milwaukee Avenue

The young bicyclist involved in the fatal crash on Milwaukee Avenue has been identified as Lisa Kuivinen, a native of Rolling Meadows who was studying fine arts at the School of the Art Institute of Chicago. Journalist Kelly Bauer of DNAInfo.com has written a beautiful article honoring the vibrant life of Lisa Kuivinen. Please take the time to read about this young life. Our thoughts and prayers are with the family and friend of Lisa. 

According to the Chicago Tribune, charges have been filed against the driver of the semi-truck that struck and killed 20-year old Lisa Kuivinen while Lisa was riding in the bike lane on Milwaukee Avenue has been issued two citations. The 37-year old driver of the truck was issued traffic citations for driving in the bike and for failure to use due care while driving near a bicycle in the roadway.

Both of these violations are based on the Chicago Municipal Code. Section 9-40-060 of the Code states:
"Driving, standing or parking on bicycle paths or lanes prohibited -The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane."
Section 9-40-160 of the Code explicitly addresses the need for all motorists to use due care in the vicinity of bicyclists. Similar language is found in Section 11-1003.1 of the Illinois Motor Vehicle Code. The Code states:
"Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway."
According to reports, a court date is set for September. At the court date the driver will have the option of pleading guilty or not guilty and deciding whether or not to proceed with a trial. There have been no reports of any additional charges other than these two moving violations.