New,Motorcycle,Red,Light,Law,R law New Motorcycle Red Light Law Raises Questions For Motorcycle
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The State of Illinois passed a new law House Bill 2860 near end of 2011 that directly impacts the way motorcyclists ride their bikes in Illinois at least outside of Cook County. As described in the bill, the law [A]mends the Illinois Vehicle Code. Provides that the driver of a motorcycle, facing any steady red signal which fails to change to a green signal within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle due to the motorcycle's size or weight, has the right to proceed subject to the rules applicable after making a stop at a stop sign. This is a great law for Illinois motorcycle riders. As my friend Ben explains, hes been stuck at lights countless times waiting and waiting for the light to change and it never does. The sensors in the ground simply dont register that there is a motorcycle on them because the bike is so light. This law is a fair method for providing bikers the means to maneuver through an intersection safely after waiting at the light for a reasonable time.This and a couple other changes proposed by Governor Quinn provide more clarity around this law and may actually be GOOD for bikers! I understand that this concept more legislation being good for bikers is contrary to the normal routine. Most of the time, legislators are enacting legislation that puts limits on bikers, like mandatory helmet laws. But in this case, I think its a positive and let me tell you why.There is already a bias against bikers. Your average car driver sees a few young bikers on crotch rockets driving 90 in a 55 mph zone, or sees them splitting lanes or weaving in and out of traffic, and they think that all bikers do that - totally false of course. Most bikers are pretty conservative in reality. It is careless drivers that cause the vast majority of motorcycle vs. automobile accidents. But thats not the perception and perception is reality.So the proposed amendments actually provide motorcycle riders with added protection. A motorcycle rider who gets in an accident at an intersection may legally be able to overcome the presumption that he was at fault for the accident by showing a few key things: 1. that the sensor failed to detect the bike 2. that the biker waited at least 120 seconds to enter the intersection, and 3. that the biker yielded the right of way to a car crossing his path. If a biker does these 3 things, he at least has an argument that he observed the law and thus his recovery should not be diminished.In Illinois we have a comparative negligence model. So you can recover for your accident even if you are 49% at fault for it. Thats great for bikers because for example, if you get in an accident and you were in fact speeding, your claim is not totally barred but rather, is just reduced by your percentage of fault. But the issue here is that the adjuster is going to try and place all the blame on the biker and/or enough to seriously diminish your recovery. And it adds up fast. If you have a $100,000 claim and are adjudged 49% at fault for the accident, thats a quick $49k that youre out. So any tool that helps a biker defend against a claim that he was responsible for an accident is welcomed by this Illinois motorcycle accident lawyer.Whats the best way to enable bikers to utilize this aspect of the law Training. Every biker should remember the steps to avoid intersection accidents pursuant to this law: stop, wait 120 seconds, slowly enter the intersection, yield the right of way, and then proceed through the intersection.
New,Motorcycle,Red,Light,Law,R