Bloomington Normal, a vibrant community anchored by Illinois State University (ISU), is experiencing a surge in the popularity of electric bikes, mirroring a national trend. While offering an eco-friendly and efficient mode of transportation, this rise in electric bikes, or e-bikes, also presents new challenges concerning safety and legal clarity, as tragically highlighted by a recent incident on the ISU campus.
The late Adam Peck, a university administrator who had recently joined ISU, was acutely aware of the potential hazards associated with micromobility devices. Before moving to Bloomington-Normal, Peck had observed the increasing presence of e-scooters on his previous university campus and recognized the safety risks they posed to pedestrians, eventually contributing to a policy banning them on campus grounds. Ironically, just days before his untimely death in September 2022, Peck voiced concerns about the quiet and sometimes startling nature of e-bikes on the ISU campus in Normal.
Adam Peck completing a triathlon in Katy, Texas, showcasing his active lifestyle and pedestrian advocacy, relevant to discussions around electric bike safety in Bloomington Normal.
Michele Peck, Adam’s wife, recounted a poignant moment during a campus tour with a friend. “As we were walking through [a pedestrian] exchange just across from the [Performing Arts Center] building, an e-bike came up on us and he jumped out of the way and he said, ‘One of these days, one of those things is going to kill me or someone else,'” she shared in an interview with WGLT. Tragically, his prediction became a reality the following Monday. While walking on ISU’s campus, Adam Peck was struck by an e-bike rider. Eyewitness accounts from the ISU police report indicated the e-bike was traveling at a considerable speed, though the rider, an ISU post-graduate student, disputed this. The collision resulted in a severe head injury, leading to Adam Peck’s death a week later.
This devastating incident in Bloomington Normal brought to the forefront critical questions surrounding the regulation and safe usage of electric bikes, especially in pedestrian-heavy areas like university campuses. The lack of clear legal frameworks and enforcement mechanisms became painfully evident in the aftermath of Peck’s death.
The Unclear Legal Landscape for Electric Bikes in Bloomington Normal
Despite the tragic outcome, the e-bike rider involved in the accident that caused Adam Peck’s death was not cited. This decision, according to ISU, stemmed from the “lack of clarity in the Illinois traffic laws concerning the use of e-bikes and other electronic recreational devices on sidewalks.” ISU Police concluded there was “insufficient probable cause to support criminal charges,” highlighting the existing gray area within the legal framework governing electric bikes in Bloomington Normal and Illinois.
However, Jim Ginzkey, the attorney representing Michele Peck, argues that riding an e-bike on a sidewalk is a clear violation of the Illinois Motor Vehicle Code. He pointed out that the e-bike involved was identified as an Ancheer 350/500mw electric bicycle, categorized under Illinois law as a “low-speed electric bicycle.” A spokesperson from the Illinois Secretary of State’s Office confirmed the state’s prohibition of e-bikes on sidewalks is absolute for vehicles meeting the state’s e-bike definition.
The legal ambiguity and lack of prosecution in this case have raised concerns about the enforcement of existing regulations and the adequacy of these regulations in addressing the growing use of electric bikes in Bloomington Normal and similar communities. Ginzkey expressed his concern, stating, “I would like to see a little bit better enforcement of the Illinois Motor Vehicle Code with respect to the use of these e-bikes. That code specifically says that these bikes can only be ridden upon roadways. [It’s illegal to ride them on a sidewalk.] Michele and I are hoping to bring some attention to that issue, because I think it’s only going to get worse — meaning you see more and more of these.”
The Rise of Electric Bikes and the Need for Consistent Safety Measures
The popularity of electric bikes is undeniable. They offer an accessible and environmentally sound transportation alternative, appealing to a broad demographic in Bloomington Normal and across the nation. Matt Moore from PeopleforBikes, a bicycle trade association, estimates up to 1.2 million e-bikes will be imported into the U.S. this year, with projections for continued growth. He notes the European market, where over half of bike sales are electric, as a potential indicator of future trends in the U.S.
However, this rapid growth necessitates a closer look at safety regulations and data collection. The National Highway Traffic Safety Administration (NHTSA) acknowledged in a 2022 report the “inconsistent” reporting of e-bike accidents and injuries, hindering a comprehensive analysis of safety issues. While data from 2021 and 2022 indicate at least 103 e-bike fatalities nationwide, the lack of uniform reporting underscores the challenge in fully understanding and addressing potential safety hazards associated with electric bikes. The NHTSA is collaborating with the U.S. Consumer Product Safety Commission to improve oversight and data collection concerning e-bike safety.
Insurance Gray Areas and Legal Precedents in E-bike Accidents
Beyond the immediate legal questions surrounding the accident itself, Adam Peck’s death also triggered a complex insurance dispute. Michele Peck filed a claim with State Farm, the family’s insurance provider, seeking coverage under their auto policy, arguing that her husband was killed by a motorized vehicle. State Farm denied the claim, asserting that their policy did not classify e-bikes as motorized vehicles, leading to a lawsuit currently pending in McLean County court.
Adam Peck at Watterson Towers on ISU move-in day in August 2022, a poignant image reflecting his involvement with the Bloomington Normal university community just before the electric bike incident.
Ginzkey argues that State Farm’s policy language is ambiguous and should be interpreted against the drafter, especially given the lack of explicit exclusion of e-bikes. He further contends that the federal Department of Transportation’s definition of a motor vehicle, which may include e-bikes, should take precedence over state statutes. This legal battle highlights the broader issue of insurance coverage and liability in accidents involving micromobility devices like electric bikes, an area where legal precedents are still developing.
Similar legal ambiguities are surfacing across the country. A New Jersey Supreme Court case involving a Segway scooter and personal injury protection benefits illustrates the ongoing struggle to define the legal status of these newer forms of transportation within existing legal and insurance frameworks. Matt Moore from PeopleforBikes points to these cases as evidence of a legal “gray area” that courts are now grappling with, as state laws have not yet fully adapted to the rise of e-mobility products.
Moving Forward: Enhancing Safety and Clarity for Electric Bikes in Bloomington Normal
For Michele Peck, the lawsuit against State Farm extends beyond financial compensation; it is a matter of principle and a pursuit of justice for her late husband. She also faced an unexpected consequence when State Farm canceled her policy and labeled her household as “high-risk” after she filed the claim, adding further distress during an already difficult time.
Adam Peck with his wife Michele, a personal photo emphasizing the human impact of the electric bike safety concerns and the ongoing legal battle in Bloomington Normal.
In response to Adam Peck’s death and growing concerns about pedestrian safety, ISU implemented “dismount zones” around the Quad, a high-traffic pedestrian area on campus. This initiative, requiring cyclists and scooter riders to walk their devices in designated zones, aims to enhance pedestrian safety. However, some have criticized these measures as insufficient, primarily relying on public awareness rather than robust enforcement mechanisms.
Michele Peck hopes that her husband’s tragic accident will serve as a catalyst for improved safety regulations and enforcement concerning electric bikes, not just at ISU but throughout Bloomington Normal and beyond. “He had said, ‘I’m going to look into our policies on campus. I’m going to look into pedestrian safety. We’ll look into, ‘How do we keep pedestrians safe and keep these sorts of vehicles off-campus?’” she recalled. While acknowledging the benefits of e-bikes for sustainability and accessibility, she emphasizes the critical need for safety regulations and their consistent enforcement to mitigate the risks and ensure public safety in communities like Bloomington Normal where electric bike usage continues to bloom.
