By Julius Otto
People riding bicycles often face dangerous road conditions, including poorly maintained bike lanes, potholes, and other hazards that can lead to serious crashes. However, in Illinois it can difficult for bike riders to claim damages after a collision. That's partly because past legal decisions have classified them as "permitted," rather than "intended" users of roads where it's legal to ride, but aren't designated as bikeways.
This problematic precedent was set in 1998 by the Boub v. Township of Wayne decision. In September 1992, Jon Boub was on a training ride for a triathlon, cycling fast down Saint Charles Road in Du Page County towards a one-lane bridge across the Du Page River. A Wayne Township road crew had taken out the asphalt filler from between the bridge's planks, so Boub's wheel got stuck, and he was seriously injured. The decision absolved the township of responsibility. Read more about that case in this Chicago Reader article by Jeff Balch.
Fast forward a generation to December 2023. That's when the Illinois Supreme Court reaffirmed Boub v. Wayne by ruling against another bike rider, Clark Alave, who was badly injured in June 2019 by a pothole on Leland Avenue at Western Avenues in Lincoln Square. The court argued that City of Chicago wasn't liable because that stretch of Leland wasn't an officially designated bikeway at the time (although it is one now.)
But there's some good news in this department. A bill, recently introduced by Illinois State Rep. Maura Hirschauer (D-49) and co-sponsored by her colleagues Rep. Kam Buckner (D-26) and Rep. Lindsey Lapointe (D-19), specifically provides that people on bicycles are to be considered "intended users" of any roadway where riding is allowed, thereby allowing them to seek damages.
The legislators filed the bill, Illinois House Bill 2454 (HB2454), last month. The goal of the legislative action is to enhance the safety of bike riders by amending tort immunity for local government entities and clarifying the rights of people riding bikes on public roadways.
HB2454 proposes a key change to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act. This section outlines the responsibilities of local public entities to maintain the safety of public property, including roads. The bill updates interpretations so that individuals operating bicycles are considered "intended users" of any roadway or portion of the roadway where biking is legal.
"Tort" is a legal term for a civil wrong or injury caused by someone’s actions (or lack of action). If you’re hurt because of this, you can usually seek compensation. In terms of public safety, torts often come up when crash happen on public property; roads, parks, or government buildings. These injuries can stem from things like negligence, poorly maintained property, or a failure to warn people about potential dangers.
Tort Immunity is a bit of a shield. It’s legal protection that some people or groups, like local governments, have so they can avoid being held liable for certain types of civil wrongs.
For people who ride bikes, the issue of tort immunity is critical because it determines whether or not a municipality can be held liable if a crash occurs due to poor road conditions, such as a pothole or an obstruction in a bike lane. By ensuring that cyclists are considered "intended users" of all roadways where biking is legal, HB2454 aims to make local governments more accountable for the safety bike riders on streets under their jurisdiction. That would be true whether or not those roads are designated as bikeways or have bike infrastructure.
Local governments would be more explicitly required to address risks on bike lanes and other areas used by people on bikes. As tax payer dollars are allocated for bike infrastructure, it becomes essential that these investments are paired with strong legal protections to not only ensure bike riders' safety, but that capital investment is achieving its intended purpose.
Here's another case that highlighted the struggle to ensure that local entities are held responsible for unsafe conditions on roadways. In 2016, the City of Chicago tried to get a lawsuit dismissed that was filed by Kirstie Shanley. She had crashed on her bike and was injured due to a large water-filled sinkhole in a bike lane on Damen Avenue just south of Division Street in West Town. The City’s law department argued that the bikeway was “recreational property” and should be subject to limited liability under the Tort Immunity Act. This assertion would have made it more difficult for people on bikes to claim damages, limiting the City’s responsibility for maintaining bike lanes.
The court ultimately denied the City’s motion to dismiss, but this case highlighted the importance of clearly defining the rights people on bikes, and the obligations of local governments. HB2454 seeks to prevent situations where municipalities could classify bikeway as "recreational" and therefore claim immunity arguing they're not required to maintain the bikeways to the same standards as facilities for drivers.
By passing HB2454, Illinois lawmakers would be making an important step toward making public roads safer for cyclists, ensuring that municipalities are held accountable for conditions that could lead to injury or death.
HB2454 was introduced to the Illinois House on February 4, 2025, and referred to the Rules Committee shortly after its first reading. The bill has received support from various stakeholders, including advocacy groups and legislators concerned with public safety and transportation infrastructure.
HB2454 must pass through several more stages, including committee hearings, debate, and voting, before it could potentially become law. The bill has already garnered attention due to the increased recognition that people using Illinois roads deserve the same protections, regardless of what transportation mode they're using.
Rep. Hirschauer, who introduced the bill, said the legislation reflects her wider efforts to improve safety and equity for all Illinoisans, which also includes
issues such as education, gun violence prevention, and child care access.
HB2454 represents a step in the right direction to help ensure that people who are injured while riding bikes due to poorly maintained roads are fairly compensated. You can help get it passed by contacting your state legislators and voicing support for the bill.
Julius Otto has lived in Chicago since 2000. His interests include transportation policy and design; bike riding; and long-distance walking.
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