 |
| Dennis Jurs |
On
Friday, August 12, 2016 a new Illinois law was signed into law that clarified that
Illinois bicyclists are to receive all the same rights in traffic situations
involving the right-of-way as the drivers of motor vehicles. Previous to this
change, there was a conflict as to whether a bicycle was considered a “vehicle”
under Illinois law and was therefore entitled to the right-of-way between
vehicles. Since the prior right-of-way laws in Illinois referenced “vehicles”
there was an issue as to whether the right-of-way laws explicitly applied to
bicyclists.
New Bicycle Law Provides Clarity To Existing Laws
This change in Illinois bicycle law makes it absolutely clear that bicycles
are “vehicles” as defined in the Illinois Vehicle Code and that motorists must
provide the right-of-way to bicycles when the bicyclist is entitled to the
right-of-way. The new bicycle law will go into effect on January 1, 2017.
New Law Sought After Traffic Ticket Dismissed
This
change was sought after an October of 2015 ruling in which a Kane County judge
dismissed a traffic citation against a driver for failing to yield the
right-of-way to an oncoming bicyclist. The judge ruled that the right-of-way
laws in the Illinois Vehicle Code did not apply to bicyclists. The traffic
citation at issue was related to the fatal May 18, 2015 collision between the
motorist and Dennis E. Jurs of Hampshire. This collision resulted in the death
of Mr. Jurs. The judge cited non-traffic related cases that held that a bicycle
was not a “vehicle” under certain legal definitions. The judge then dismissed
the charges against the motorist involved in the fatal collision.
The
family of Dennis E. Jurs brought the issue of this lack of clarity in the law
to the attention of State Representative Anna Moeller. Attorney Michael S.
Keating of Keating Law Offices in Chicago, Illinois, who represents the Estate
of Dennis E. Jurs in the civil case related to the crash along with co-counsel
F. John Steffen of Steffen & Kelly, P.C. in Elgin, Illinois, helped draft
the legislation. State Representative Moeller sponsored “Dennis’s Law” which
passed through both the Illinois House of Representative and the Illinois State
Senate with only one vote against it and 164 votes in favor of the change.
Dennis's Law Also Honors The Life Of The Late Dennis Jurs
Dennis
E. Jurs was an extremely experienced 68-years old bicycle rider at the time of
his death. Mr. Jurs was a United States Army veteran who served in Vietnam
where he was injured by a land mine. Mr. Jurs thereafter became very active in
cycling in Illinois. He took up cycling at 30 years of age as a way to
rehabilitate the leg injuries he suffered while serving in Vietnam. Mr. Jurs
was a member of the Illinois-based bicycle racing team, Team MACK, and was an
organizer for years of the well-known Four Bridges Bicycle Race in Elgin,
Illinois.