Illinois legislators consider bills expanding bicyclists' rights, liability protections
Recovering from winter inertia? Longing for mild (not windy) weather? Awaiting the shop’s “your bike is ready” call?
If not tempted to go outdoors yet, you can remain “wheely active” by boning up on recently introduced state biking bills, contacting elected officials, and offering input on transportation plans/studies — all of which may impact your future riding experience.
The Ride Illinois Bicycle Bill Tracker lists over a dozen biking-related bills ranging from simply including trikes in the definition of bicycles to the broader status of cyclists on Illinois roadways.
Suburban lawmakers have been active as sponsors. Here are just three bills the General Assembly is considering.
Trikes are bikes
State Sen. Mike Simmons (D-7th) of Chicago introduced SB2285, which amends the Illinois Vehicle code redefining “bicycle” as including two or more wheels. A companion bill, HB3225, with the same wording by State Rep. Lilian Jiménez (D-4th Chicago) was cosponsored in the House by Batavia State Rep. Maura Hirschauer (D-49th).
Naperville State Rep. Janet Yang Rohr (D-41st) introduced HB1875, which provides specific instances in which bicyclists approaching a stop sign may proceed without coming to a complete stop if no cross-traffic exists. Neighboring State Rep. Anne Stava-Murray (D-81st), also of Naperville, is co-sponsor.
Hirschauer has also taken on the broader issue of a bicyclist’s roadway status with a bill that affects the immunity liability of governmental units. She is sponsoring HB2454, a bill in response to two bicycle crashes due to poorly maintained infrastructure — a 1992 incident in Wayne Township near Bartlett in her district and on Chicago’s Northwest side in 2019.
In both crashes, the cyclist claimed the jurisdiction was responsible for roadway anomalies and liable for his injuries. After several court iterations, the Illinois Supreme Court settled in favor of both jurisdictions, noting that while the bicyclists were permitted roadway users, they weren’t intended users.
While this is her first foray into biking legislation, Hirschauer noted that biking is part of family life, with her kids walking and biking to school, herself riding and her mother an avid cyclist. District residents have also voiced support for bike routes and community bikeability at a recent town hall hosted by the third-term state rep.
In a phone interview, Ride Illinois executive director Dave Simmons noted Illinois is the only state that makes this distinction of bicyclists recognized as permitted but not intended road users. Consequently, bicyclists lack liability protection unless on a road specifically designated for bikes via signage or other infrastructure.
Permitted and intended
Bill synopsis for HB2454 states that a “person operating a bicycle is deemed to be an intended user of every roadway and portion of roadway on which bicyclists are permitted to ride.” Suburban cosponsors as of early March include state representatives Mary Beth Canty (D-54th, Arlington Heights), Anna Moeller (D-43rd, Elgin) and Susanne Ness (D-66th, Carpentersville).
In the Boub v. Township of Wayne Supreme Court ruling (1998), the situation, as described by Jon P. Boub, involved his front wheel getting caught between two wooden bridge planks after asphalt patching had been removed in preparation for a new bridge deck. Per the dissenting court opinion, Boub was thrown off his bike into the bridge’s steel railing and support structure, suffering severe injuries.
The 2019 Chicago crash ended with the Illinois Supreme Court’s decision in Alave v. City of Chicago (2023). The bicyclist’s injuries resulted from a pothole crash on a street near a bike sharing station. While no standard biking signage marked the roadway, the presence of the Divvy station, especially prevalent in major urban centers, suggested intended roadway usage by bikers.
The Illinois Supreme Court’s majority opinion in Boub noted that “the imposition of municipal liability in the circumstances shown here are more appropriate for the legislature to initiate, if it is to be done at all.”
Per Simmons, similar court cases have been adjudicated over the years in hopes of overturning the decision. Based on Supreme Court advice, prior bills have also been introduced, albeit unsuccessfully. HB2454 is the first related bill introduced in several years.
Lake County Corridor
Last spring the Lake County Department of Transportation initiated the Fairfield Road Planning Study on a 5.5-mile stretch linking Wauconda to Round Lake Beach. Besides improving safety and easing traffic congestion, one study objective is to provide bike/pedestrian connectivity on this north-south corridor.
Bikers, among other roadway users, can provide location-specific comments through the Fairfield Road Planning Study Online Engagement project’s website. Poll questions and the interactive comment map are available until April 5.
Suburban Bicycling blog
Launched in late January, Suburban Chicago Bicycling is a free, one-of-a kind blog focused on Chicagoland for all levels of bike riders, offering crisp writing, clean layout and photos that really pop. What else to expect from avid cyclist and former Daily Herald deputy managing editor Neil Holdway?
Its name says it all: trails, roads and rides for casual, serious and family riders, biking tips and advice, 2025’s area ride list and more. And it’s all viewed from the handlebars of a cyclist with thousands of suburban miles in the saddle, from Naperville and Plainfield southwest to Lake Zurich, Wauconda and Huntley northwest.
Holdway offers one-stop “link shopping”: county transportation departments, forest preserves, advocacy groups like Ride Illinois, Active Transportation Alliance and League of American Bicyclists, special interest groups like CAMBr, Illinois Prairie Path, Friends of the Great Western Trail, plus the related Facebook page and YouTube channel.
• Join the ride. Contact Ralph Banasiak at alongfortheridemail@gmail.com.