Chicago Bicyclist Killed In Crash In West Town

A Chicago bicyclist was killed while riding his bike on North Ogden Avenue in Chicago's West Town neighborhood. The fatal crash occurred when the driver of a 2014 Lexus turned onto Ogden Avenue from Erie Street. This intersection is near the Ogden overpass over the Kennedy expressway where there is an on ramp for cars merging onto the northbound lanes of the expressway. This stretch of Ogden also connects the neighborhood along Grand Avenue with the River West neighborhood north of the expressway along Chicago Avenue. Due to this, many bicyclists frequently use Ogden Avenue to get over the expressway along this section of Ogden. 

No further details have been provided. The driver of the Lexus was issued a traffic ticket for failure to use due care while operating a motor vehicle. This is a general charge often used by the Chicago Police Department when the exact details are uncertain but there is evidence that the driver was not carefully operating the vehicle. The Chicago Municipal Code explicitly states that drivers must use "due care" to avoid colliding with a bicyclist. Under the law, "due care" means the "care that an ordinarily reasonable and prudent person would use under the same or similar circumstances."

Section 9-40-160 of the Municipal Code states as follows: 

"Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway." Amended Coun. J. 3-12-08, p. 22781, § 1

This is a sad and tragic loss. Our thoughts and prayers are with the bicyclist and his family and friends. 

Dockless Bike Share Comes to Chicago

Divvy is in for some competition in the bike share market. A number of companies are trying to bring "dockless" bike share to Chicago. The idea behind dockless bike share is that bicyclists can rent a bike on a short term basis but without having to return the bike to a bike share location. While this sounds simple and convenient, it raises the issue of where and how the dockless bikes will be parked. The City of Chicago is requiring these dockless bikes to be affixed with hardware that will require to dockless bikes to have a "lock to" mechanism so that these bikes will not just end up in the middle of the sidwalk.

While dockless bikes have found some success in other cities, the success of dockless bike share will take some time to evaluate in a metropolitan city and vast and densely populated as Chicago. Dockless bikes also raise the issue of how they will be maintained and who will be accountable for the bicycles if they are left in an area where the bicycle is a danger to pedestrians, bicyclists or motorists. The operators of bike share systems have a legal duty to not create any potentially harmful situations and to warn of any risks. Legal issues will arise in the event that someone is injured because a dockless bike was left somewhere and an accident happens. 

Attorney Mike Keating of Keating Law Offices recently had an article published in "Trial Magazine" entitled "Bike Share Roadblocks" about the potential risks that bike share systems can present to attorneys representing bicyclists injured while use a bike share bicycle. Now with the presence of dockless bikes, bike share usage in Chicago continues to evolve. 

Keating Law Offices Files Wrongful Death Lawsuit on Behalf of Fallen Chicago Bicyclist Louis Ray Smith

North Homan Avenue Towards Scene of Crash

Keating Law Offices has filed a Wrongful Death lawsuit on behalf of the family of deceased Chicago bicyclist, Louis Ray Smith. The lawsuit is against the driver of the motor vehicle involved in the fatal crash on the evening of June 5, 2017 near Chicago's East Garfield Park neighborhood.

Prior to the crash, Mr. Smith, a bicyclist was riding northbound on Homan Avenue near its intersection with West Lake Street. At the same time, the driver drove her motor vehicle southbound on Homan Avenue through its intersection with West Lake Street. The collision occurred on Homan Avenue.  Mr. Smith was rushed to Mount Sinai Hospital following the collision, but unfortunately, he was pronounced dead within the hour.

On June 5, 2017 the City of Chicago Police Department issued the driver a citation and the traffic court proceedings are currently on-going. The crash also remains under investigation by the City of Chicago Police Department Major Accidents Investigation Unit. Investigations by MAIU can take days or even months before their findings are released. The Chicago Police Department has obtained video from a nearby business that depicts the fatal collision. 

According to the lawsuit filed on April 24, 2018 in the Law Division of the Circuit Court of Cook County, the driver allegedly failed to exercise due care to avoid colliding with a person operating a bicycle, an action that is in direct violation of 625 ILCS 5/11-1003.1 of the Illinois Vehicle Code and Section 9-40-160 of the Chicago Municipal Code. The lawsuit also alleged that the driver disregarded a traffic control signal, drove too fast for the dark conditions and failed to yield the right-of-way and these failures caused Mr. Smith to suffer injuries that resulted in his death.

All Illinois drivers have a duty to keep a proper lookout for bicyclists or other vehicles upon said streets. If a driver were to fail to keep a proper lookout for a bicyclist and then struck said bicyclist, that driver would be liable for the injuries the bicyclist suffered. All Illinois drivers also have a duty to make sure that their vehicles move into a lane of traffic safely and that they exercise due care to avoid colliding with any person operating a bicycle. 

The Estate of Louis Ray Smith is represented by attorneys Michael Keating and Catelyn Viggiano of Keating Law Offices. 

News Reports of Bike Crash Involving 14-Year Old Doored in Palmer Square

2600 West Armitage in Chicago, Illinois

News outlets, including the Chicago Tribune and the Chicago Sun-Times, are reporting that a 14-year old boy was seriously injured early this morning. The bicycle crash occurred in the 2600 block of West Armitage on the city's northwest side in the Palmer Square neighborhood. Given the time of the day and the age of the boy he was possibly riding his bicycle to school. The boy was taken via ambulance to Illinois Masonic Hospital for a reported head injury. Click here for the Chicago Tribune article. 

In an article published on Saturday, the Chicago Sun-Times provided more detail and that this was a "dooring" where a motorist opened their door directly into the path of the boy. The Chicago Municipal Code specifically prohibits "doorings." The Sun-Times reported that the driver was given a ticket related to this bike crash. 

The Chicago Municipal Code provides:

"No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Attorney Mike Keating's Article On Bike Share Liability Published In "Trial Magazine"

Since 2010, bike share usage has increased exponentially throughout the nation. Chicago's Divvy system has proven very popular since its inception. By their very design these systems allow anyone with a credit or bank card to rent a bicycle from a designated station, ride the bicycle for either recreation or as a transportation alternative, and then return the bicycle to one of many available stations. This leads to riders with a wide array of skill and experience levels on the roadways. The increase in bike share usage correlates to massive increases in bicycling overall and, unfortunately, injuries from bike accidents.

Keating Law Offices's attorney Mike Keating wrote an article entitled "Bike Share Roadblocks" that was published in the April edition of Trial Magazine. The article discussed the legal issues that can arise if the bike crash occurred due to some kind of flaw in the bike share bike or the bike share station.

Cities Can Claim "Immunity" From Some Bike Accidents

Typically states and local municipalities are protected by some form of immunity statutes and laws from premises liability, motor vehicle, and roadway design claims. In Illinois this law is known as the Local Government and Governmental Employees Tort Immunity Act. Under this law, the City can claim it is not responsible for some failures of the stations or bikes under the same argument that municipalities make about not being responsible for a dangerous sidewalk or roadway. So you should expect the municipality or local government and the affiliated companies who operate and maintain the bike share systems to raise a tort immunity defense since the system is operated in part by the city government.

Laws Should Protect Bicyclists

In the article Mike Keating argues that cities should not be able to hide behind tort immunity when riders allege they failed to provide safe stations and bicycles. It is the responsibility of the operators of these systems to provide reasonably safe stations and bicycles for its riders. Divvy and the City of Chicago have made efforts to keep the system running smoothly. But inevitably issues can arise and accidents can happen. In these instances it is important that an injured bicyclist know that there are legal arguments that can be made to protect their rights.

The Attorneys at Keating Law Offices Are National Leaders In Bicycle Litigation

Attorney Mike Keating, founder of Keating Law Offices, is one of the nation's leading attorneys who focuses his practice on bicycle litigation. Mike Keating has been the Chair of the Bicycle Litigation Committee for the American Association for Justice for the past five years. All of the attorneys at Keating Law Offices are experienced and skilled transportation litigation attorneys.

The firm's commitment to bicyclists is simple: Keating Law Offices is committed to assisting any bicyclist injured anywhere in Illinois at any time. The firm offers free legal consultations with absolutely no obligation. There are never any attorney's fees unless the firm makes a recovery on behalf of the bicyclist injured in a bike crash. If you have any questions regarding Illinois bicycle laws or laws affecting a case involving a bike accident, contact Keating Law Offices today.

Pedestrian Fatalities in Chicago Have Increased Every Year for 5 Straight Years

The Editorial Board of the Chicago Tribune recently published an Editorial asserting that while pedestrian fatalities in Chicago can be reduced through policy changes, the onus is on both drivers and pedestrians to be less distracted and more aware of their surroundings. This assertion has led to extensive discussion among Chicagoans as to just what the responsibilities are for a pedestrian versus a motorist. 

The Chicago Tribune's Editorial Board makes the point that both distracted drivers and distracted pedestrians can contribute to injuries of deaths. This is obviously true. However, what the Editorial Board fails to take into account is how much more vulnerable a pedestrian is than a motorist strapped behind a steel box equipped with an air bag. In addition, the reality is that it is the law throughout the Land of Lincoln that motorists must STOP for pedestrians in a crosswalk. There is no exception for pedestrians who are on a smart phone or looking in the other direction. Pedestrian have the right of way. This law is a relatively recent change from the old law that motorists only needed to slow for pedestrians in a cross walk. The change was made so that there was no confusion as to what "slow" meant and to implement pedestrian-friendly policies. 

Here is the change that was made to the law is in Illinois for pedestrians in a crosswalk:

(625 ILCS 5/11-1002) (from Ch. 95 1/2, par. 11-1002) Sec. 11-1002. Pedestrians' right-of-way at crosswalks. 
(a) When traffic control signals are not in place or not in operation the driver of a vehicle shall stop and yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

One thing is certain: there has been a tragic surge in the number of pedestrian deaths on Chicago's streets. Up every year over the past five years, Chicago saw 46 fatalities in 2017 as compared to 27 in 2013 according to the City Transportation Department. More than 2,000 people are killed or seriously injured in traffic crashes in Chicago each year. An average of five people are seriously injured each day. These numbers are not just seen is the bustling metropolis of Chicago. Nationally, the number of pedestrians killed by cars rose from 4,699 in 2007 to 5,987 in 2016 — an increase of 27 percent.

The City of Chicago considers all traffic fatalities to be preventable and seeks to implement news policies through Vision Zero Chicago. Announced in June of 2017, this three-year action plan uses a data-driven, multi-agency approach for improving traffic safety for all road users with the goals of reducing the number of roadway crashes and eliminating traffic fatalities completely by 2026. Chicago is one of ten Focus Cities in the Vision Zero Network and its implementation comes as pedestrian deaths in Chicago continue to rise. Prioritizing human life and the safety of our streets, Vision Zero pushes for more safety education, intersection changes like curb “bump-outs” to shorten walking distances across streets (as seen in the Loop as part of the LINK system), and encouraging policies and technologies that make for safer vehicles and professional drivers. 

There is no one "magic bullet" that can solve the scourge of crashes involving pedestrians. But any solution must recognize that a pedestrian will always be vulnerable. City and state laws must be enforced and enacted to prioritize the risks facing pedestrians and ensure that pedestrians and motorists are not treated the same. 

Keating Law Offices is the premiere personal injury law firm representing vulnerable users of the roadways. The firm is based in Chicago, Illinois and represents clients throughout Illinois. 

Keating Law Offices' Tom Reuland Authors Article On The Dangers of Uber and Lyft

Trial Journal, the leading print publication of the Illinois Trial Lawyers Association, published an article by Attorney Tom Reuland of Keating Law Offices in its Winter 2018 volume. The article addresses important implications for car crashes involving ride-sharing companies like Uber and Lyft.

In his article, Tom Reuland analyzes Illinois' law on rideshare companies, the Transportation Network Providers Act, and discusses its nuances and application to personal injury cases in Chicago and Illinois. This Act is an important tool for people injured in a Chicago car crash to integrate into their litigation strategy. The Act’s insurance provisions can change the settlement and trial outcomes for people hurt in car crashes in Illinois with Uber, Lyft and other ride-sharing companies.  Not knowing all the laws and statutes applicable to a client’s injury can lead some attorneys to not fully compensate their clients for the harms that a motor vehicle collision can cause.

Attorney Tom Reuland, who was recently recognized as an “Emerging Lawyer” in Illinois, represents seriously injured pedestrians, bicyclists, drivers, and passengers who have been involved in motor vehicle crashes involving Uber and Lyft. Keating Law Offices is the premiere personal injury law firm representing victims of negligence in Illinois and has been on the cutting edge of litigation involving Uber and Lyft. The firm is based in Chicago, Illinois and represents clients throughout Illinois.

New for 2018: Cycling Is The "Official" State Exercise Of The State of Illinois

Text of Public Act 100-0383 Designating Cycling as the official State Exercise of the State of Illinois

As of January 1, 2018, Cycling is the official State Exercise of the State of Illinois. This is an actual law in the State of Illinois under the "State Designations Act." This is also the most recent change in the past couple of years to Illinois laws related to bicycling. On January 1, 2017 "Dennis' Law" which went into effect and clarified that a bicycle was a "vehicle" under Illinois law and that bicyclists are absolutely entitled to all of the "rights" of a vehicle. Keating Law Offices represented Dennis Jurs' family in their civil case related to his fatal bike crash and worked with Illinois legislators on the passage of "Dennis' Law." On January 1, 2018 three new bicycle safety laws went into effect. These new laws allow bicyclists to legally use rear lights instead of reflectors, enhance protections under the law from passing vehicles, and allows bicyclists to ride on the shoulder.

This "official designation" does not provide any new protections or rights to bicyclists. However, this official designation does show the strong cycling culture that exists in Illinois and reflects the important role that cycling has playing in Illinois both historically and currently. The designation also serves as a point of reference that Illinois does place a priority and emphasis on bicycling when lobbying for further changes in the laws to protect bicyclists. And on a personal level for all of us bicyclists this official designation honors our passion and is a source of pride.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. The firm has a main location in Chicago's Loop near the courthouse and also on Milwaukee Avenue in the West Town community.

New Illinois Laws to Protect Bicyclists Go Into Effect In 2018

The New Bicycle Laws

Three new bicycle laws that were signed into law as Illinois Public Act 100-0359 went in to effect on January 1, 2018. This new legislation advances the rights of bicyclists and the role of bicycles in a modern transportation scheme in Illinois. This was a particularly impressive result by statewide bicycle advocacy group Ride Illinois.  The new law makes changes in Illinois bicycle laws within the Illinois Vehicle Code

Provides Bicyclists Enhanced Safety In No Passing Zones

The new law Amends Section 11-703 of the Illinois Vehicle Code, "Overtaking A Vehicle On The Left," to allow for a motor vehicle to pass a bicycle in a "no passing" zone as long as three conditions are met. First, the bicyclist is going less than half of the posted speed limit. Second, the motor vehicle does not have to speed in order to pass the bicyclists. Third, that the motor vehicles adheres to Illinois' "3-Foot Rule" and gives the bicyclist at least three feet when passing. 

Prior to this change a motorist could face a traffic ticket for passing a bicycle (a vehicle under state law) in a no passing zone. This statutory change mitigates against the risk of a driver claiming that the bicycle was causing a "back up" because faster moving motor vehicles could not legally go around the bicyclist. 

Allows Bicyclists To Legally Ride On The Shoulder 

The new changes also provide that a bicycle may drive on the shoulder. According to the prior version of Section 11-709.1 of the Illinois Vehicle Code, "Driving On the Shoulder," only emergency vehicles, authorized transit buses, some farm equipment, and service vehicles could legally ride on the shoulder. This change clarifies that bicycles can do what may be the most safe thing in some situations which is to ride on the shoulder as opposed to directly on the roadway.

Clarifies That Rear Red Lights May Be Used Instead Of Reflector 

The prior version of Section 11-1507 of the Illinois Vehicle Code, "Lights And Other Equipment On Bicycles," stated that a rear red reflector was required by bicyclists in all situations. Under the prior law, a rear red light could only be used in addition to the rear reflector. Under this illogical construction, a red light on its own, no matter how bright, was technically not sufficient but a lone red reflector could be allowed. This obviously made no sense practically. Illinois bicyclists now will be able to "ride legal" with a rear red light without having to also have a reflector. It is the experience of most  bicyclists that a rear red light, especially modern LED lights, makes the rider much more visible than just a reflector. 

The work by Ride Illinois in successfully advocating for all Illinois bicyclists should be applauded by every bicyclist in the state. This legislation is an important part of continually advancing the rights of Illinois bicyclists and advocating for safe bicycling in Illinois. These changes will increase the safety for Illinois bicyclists and reduce the risk of injuries and deaths from bicycle accidents and crashes. Please click here for more information on Ride Illinois and supporting the organization's important legislative and advocacy efforts. 

Bicycle Law Attorney Michael S. Keating

Attorney Mike Keating has extensive legislative experience and a history of fighting for the rights of bicyclists in Illinois. In 2016, he helped draft "Dennis' Law," the landmark legislation that clarified Illinois law to mandate that bicyclists receive the same rights to the "right-of-way" as drivers of motor vehicles and that bicycles were "vehicles." Mike Keating is one of the Chairs of the Legislative Committee for the Illinois Trial Lawyers Association where he reviews all legislation that might affect the rights of those injured in a bicycle crash. In addition, he is the Chair of the Bicycle Litigation Group for the American Association for Justice, the nation's largest trial lawyers organization. Mike previously served as the Assistant Counsel to the Illinois House of Representatives. 

Keating Law Offices

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. Keating Law Offices has recovered millions of dollars on behalf of hundreds of Illinois bicyclists who were injured through no fault of their own while bicycling. The firm is nationally recognized as leaders in bicycle litigation. 

Bicyclist Killed In Bridgeview In Crash With Motor Vehicle

A bicyclist was killed in suburban Bridgeview on Tuesday evening. The person was fatally struck by the driver of a motor vehicle while either walking or riding their bicycle. The crash occurred on the 87th Street Bridge between Oketo Avenue and 78th Avenue at about 6:50 p.m. The 87th Street bridge is a long bridge with multiple lanes. 

An autopsy of the victim found that the person died of multiple blunt force injuries and the death was ruled an "accident." The use of the term "accident" only means that the crash was not caused intentionally. The term "accident" in this context does not mean that the crash was determined to be unavoidable. In fact, the driver of the vehicle that killed the pedestrian was taken into custody by police and charges are pending.

There are specific sections of the Illinois Vehicle Code that protect individuals, whether they are walking or riding their bike, in situations such as this. Here are a few key sections of the Code:

• Section 11-1003.1 states: “[E]very driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary . . . .”
• Section 5/11-1002(e) states: “Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.”
•  Section 11-601 requires drivers to reduce the speed of their vehicle to avoid a collision.

Our thoughts and prayers are with the victim of this crash as well as their family and friends. 

Chicago Bicyclist Killed in Hit-and-Run in Humboldt Park

A 46-year old bicyclist was struck and killed by a hit-and-run driver yesterday evening in the Humboldt Park neighborhood. The driver of a 2009 Saturn SUV struck the bicyclist from behind while pulling away from a stop sign in the 3800 block West Augusta Boulevard. The vehicle ran over the bicyclist and continued driving east on Augusta. 

If anyone has any information regarding this collision, please contact the Chicago Police Department by calling 311. Images of the scene indicate that there may be a City of Chicago surveillance camera at this intersection. 

It is of great concern that as we approach 2018 so many fatal bicycle vs. motor vehicle accidents continue to occur, even with all of the progress that has been made in improving safety and increasing rights for bicyclists on the road. This collision serves as a reminder to us all about the responsibility we each owe to one another. If you have been involved in a collision, the law imposes certain responsibilities on you; however, these responsibilities should come naturally as the only right thing to do. A bicycle vs. motor vehicle collision can often be more sensitive than a collision involving just motor vehicles because the bicyclist does not have the bodily protection of a vehicle. Therefore, it is even more critical that every driver stays at the scene of the collision in a bicycle vs. motor vehicle collision. It can be the difference between life and death if there is no one else around to render help to the injured bicyclist.

Illinois Laws Require Drivers to Give Aid to Injured Bicyclists

It is the law in Illinois for drivers to render aid to an injured bicyclist. Drivers in Illinois who are involved in a crash are legally required to:

• Stay at the scene of the crash long enough to provide the injured party with their information; and
• If necessary or if requested to arrange for medical care for the injured bicyclist. 

Section 11-401(a) of the Illinois Vehicle Code provides the groundwork for the motorist: 

"The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled."

Section 11-403 of the Illinois Motor Vehicle Code more specifically lays out the requirements any such motorist must fulfill before leaving the scene of a collision that leads to personal injuries: 

"The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with an shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to the physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person."

In 2011 the law regarding hit-and-runs in Illinois was amended to allow the motorist to avoid prosecution for the hit-and-run by notifying the authorities within a half hour of the accident or within a half hour of being discharged from the hospital for an injury or incapacitation suffered in the accident. Section 11-401(b) provides as follows: 

"Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of (staying at scene requirements)."

This is the second death of a bicyclist in the Humboldt Park neighborhood this year. Early in 2017 Jezniah Smith was killed in a collision with an out of state driver in a rental car. Keating Law Offices represented Mr. Smith's family in the resolution of that case. 

Keating Law Offices Obtains Wrongful Death Settlement for Family of Jezniah Smith

On January 11, 2017 Chicago bicyclist Jezniah Smith was riding his bicycle home from a nearby store. While riding westbound on Division Street he came to the intersection with North Sacramento Avenue where he was struck and killed by a rental car operated by a Florida man. The fatal collision occurred late in the evening in Chicago's Humboldt Park neighborhood. 

Despite the fact that the Chicago Police Department relied on the testimony of the driver in making its final conclusion that the driver had a green light at the time of the crash, a successful settlement was obtained for the insurance policy limits for the rental car operated by the driver. The discovery of additional insurance on the rental car by the attorneys at Keating Law Offices was particularly useful in this situation because the driver's insurance did not provide any insurance coverage for the crash. Attorney Michael Keating was able to successfully demonstrate the the known location of the different vehicles after the crash did not necessarily reflect the police department's official conclusion. 

Judge Patricia O'Brien Sheehan of the Law Division of the Circuit Court of Cook County entered an order approving the settlement in late October. The lawsuit against the driver alleged that he failed to exercise due care to avoid colliding with a person operating a bicycle, an action that is in direct violation of 625 ILCS 5/11-1003.1 of the Illinois Vehicle Code and Section 9-40-160 of the Chicago Municipal Code. The lawsuit also alleged that the driver drove too fast for the dark and wet conditions and did not decrease his speed upon entering the intersection. Physical evidence from the scene showed that the vehicle was traveling at such as speed that the impact threw Jezniah from the site of the impact and literally knocked him out of his shoes. 

The case illustrates the dangers that vulnerable bicyclists face in Chicago and the uncertainty that can surround the circumstances under which a crash occurred. Our thoughts and prayers are with the friends and extended family of Jezniah Smith. 

Bicyclist Killed In Crash With Van In Belvidere, Illinois

An Illinois bicyclist was killed Tuesday evening as a result of severe injuries sustained in a crash with a Dodge Ram van in Belvidere, Illinois. According to reports, 53-year old James Day of Belvidere suffered blunt trauma to the chest as the result of a bicycle accident at 6:40 p.m. in the evening on Squaw Prairie Road. Mr. Day was pronounced dead at OSF Saint Anthony Medical Center after he was transported from the scene of the crash via ambulance. Our thoughts and prayers are with Mr. Day's family and all those affected by this tragedy. 

The bicycle crash occurred approximately a half mile west of Poplar Grove Road on Squaw Prairie. Belvidere, Illinois is in Winnebago County just east of Rockford. The location of the crash is near Belvidere North High School and north of Belvidere's town center. 

The 3-Foot Rule Is An Illinois Bike Law Designed To Protect Bicyclists

Both the bicyclist and the driver of the van were proceeding westbound on Poplar Grove Road at the time of the crash. While no other details were provided, it is worth noting that Illinois law requires the operators of motor vehicles to provide at least 3-feet when passing a bicyclist while travelling in the same direction. The "three foot rule" is provided by Section 11-703 of the Illinois Vehicle Code. 

Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: (d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

New Illinois Bike Laws Designed To Provided Additional Legal Protection To Bicyclists

In addition, a new law that will go into effect in 2018 is designed to provide additional protections to bicyclists that may face passing vehicles. Illinois Public Act 100-0359 which was signed into law last month gives bicyclists added protection in No Passing Zones and allows bicyclists to legally ride on the shoulder. 

The new bike law amends Section 11-703, "Overtaking A Vehicle On The Left," to allow for a motor vehicle to pass a bicycle in a "no passing" zone as long as three conditions are met. First, the bicyclist is going less than half of the posted speed limit. Second, the motor vehicle does not have to speed in order to pass the bicyclists. Third, that the motor vehicles adheres to Illinois' "3-Foot Rule" and gives the bicyclist at least three feet when passing. 
Prior to this change a motorist could face a traffic ticket for passing a bicycle (a vehicle) in a no passing zone. This change alleviates the risk of a driver claiming that the bicycle was causing a "back up" because faster moving motor vehicles could not legally go around the bicyclist. 

The new law also provides that a bicycle may drive on the shoulder. According to the prior version of Section 11-709.1, "Driving On the Shoulder," only emergency vehicles, authorized transit buses, some farm equipment, and service vehicles could legally ride on the shoulder. This change clarifies that bicycles can do what may be the most safe thing in some situations which is to ride on the shoulder as opposed to directly on the roadway.

Illinois Bicyclist Killed By Driver On Cell Phone

An Illinois bicyclist has lost his life as a result of a teenage driver being distracted by her cell phone. According to reports, David P. Weber of Venedy, Illinois was riding his Specialized Roubaix bicycle eastbound on Illinois 15 when he was rear ended by a teenage motorist traveling in the same direction. Mr. Weber was thrown from his bicycle and later died of the injuries he sustained in the crash. The crash occurred just after 5:00 p.m. on Thursday, September 7, 2017.

The Illinois State Police charged the driver with failure to reduce speed to avoid a crash, improper passing of a bicycle and illegal cell phone usage. Illinois law requires drivers to give at least 3-feet when passing a bicyclist. The "three foot rule" provides the following:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703)
Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: 

(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

Illinois law also prohibits talking on a cell phone unless using a "hands free" mode and any texting or dissemination of electronic information. Ironically, this very law came into existence when another Illinois bicyclist was killed by a driver who was distracted while downloading a song on her cell phone. The Illinois law banning "texting while driving" went into effect on January 1, 2010 and is set forth in Illinois Vehicle Code at 625 ILCS 5/12-610.2.

(625 ILCS 5/12-610.2) Sec. 12-610.2. Electronic communication devices.
(a) As used in this Section:
"Electronic communication device" means an electronic device, including but not limited to a hand-held wireless telephone, hand-held personal digital assistant, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle. 

(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device. 

(b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

This crash is a tragic reminder of the incredible dangers Illinois bicyclists face on the state's roadways and how vulnerable we are when motorists do not obey the laws put in place to protect bicyclists. Our thoughts and prayers are with the family and friends of David Weber. May he rest in peace.

New Illinois Bicycle Laws Further Help Protect Bicyclists

Illinois Public Act 100-0359

On August 25, 2017, House Bill 1784 was signed into law as Illinois Public Act 100-0359. This new legislation, which was successfully advocated by Ride Illinois, further advances the rights of bicyclists and the role of bicycles in a modern transportation scheme in Illinois. This was a particularly impressive result by Ride Illinois in that the bill received a unanimous "Yes" vote from every voting member of the House and Senate and was signed into law by the Governor. The new law makes the several changes in Illinois bicycle laws within the Illinois Vehicle Code

Providing Bicyclists Enhanced Safety In No Passing Zones

Amends Section 11-703, "Overtaking A Vehicle On The Left," to allow for a motor vehicle to pass a bicycle in a "no passing" zone as long as three conditions are met. First, the bicyclist is going less than half of the posted speed limit. Second, the motor vehicle does not have to speed in order to pass the bicyclists. Third, that the motor vehicles adheres to Illinois' "3-Foot Rule" and gives the bicyclist at least three feet when passing. 

Prior to this change a motorist could face a traffic ticket for passing a bicycle (a vehicle) in a no passing zone. This change alleviates the risk of a driver claiming that the bicycle was causing a "back up" because faster moving motor vehicles could not legally go around the bicyclist. 

Allowing Bicyclists To Legally Ride On The Shoulder 

The new changes also provide that a bicycle may drive on the shoulder. According to the prior version of Section 11-709.1, "Driving On the Shoulder," only emergency vehicles, authorized transit buses, some farm equipment, and service vehicles could legally ride on the shoulder. This change clarifies that bicycles can do what may be the most safe thing in some situations which is to ride on the shoulder as opposed to directly on the roadway.

Clarifies That Rear Red Lights May Be Used Instead Of Reflector 

There was what was probably an unintentional error in the prior version of Section 11-1507, "Lights And Other Equipment On Bicycles," that a rear red reflector was required in all situations. Under the prior law, a rear red light could only be used in addition to the rear reflector. A red light on its own, no matter how bright, was technically not sufficient but a lone red reflector could be. This obviously made no sense practically. Going forward, Illinois bicyclists will be able to "ride legal" with a rear red light without having to also have a reflector. It is the experience of most bicyclists that a rear red light, especially modern LED lights, makes the rider much more visible than just a reflector. 

It is important that we recognize our elected officials in the House and Senate who chose to act as sponsors for this legislation. 


House Sponsors: Rep. Tim Butler, Anna Moeller, Thomas Morrison, Frances Ann Hurley and Dave Severin


Senate Sponsors: Sen. Heather A. Steans - Ira I. Silverstein, Dale Fowler, Jim Oberweis and Cristina Castro


The "heavy lifting" of Ride Illinois in successfully advocating for all Illinois bicyclists cannot be overstated. This legislation is an important part of continually advancing the rights of Illinois bicyclists and advocating for safe bicycling in Illinois. These changes will increase the safety for Illinois bicyclists and reduce the risk of injuries and deaths from bicycle accidents and crashes. Please click here for more information on Ride Illinois and supporting the organization's important legislative and advocacy efforts. 

Bicycle Law Attorney Michael S. Keating

Attorney Mike Keating has extensive legislative experience and a history of fighting for the rights of bicyclists in Illinois. In 2016, he helped draft "Dennis' Law," the landmark legislation that clarified Illinois law to mandate that bicyclists receive the same rights to the "right-of-way" as drivers of motor vehicles and that bicycles were "vehicles." Mike Keating is one of the Chairs of the Legislative Committee for the Illinois Trial Lawyers Association where he reviews all legislation that might affect the rights of those injured in a bicycle crash. In addition, he is the Chair of the Bicycle Litigation Group for the American Association for Justice, the nation's largest trial lawyers organization. Mike previously served as the Assistant Counsel to the Illinois House of Representatives. 

Keating Law Offices

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. Keating Law Offices has recovered millions of dollars on behalf of hundreds of Illinois bicyclists who were injured through no fault of their own while bicycling. The firm is nationally recognized as leaders in bicycle litigation. 

Driver Strikes Two Cyclists Riding In The Chicago Triathalon

Two cyclists competing in the bicycle segment of the Chicago Triathalon were seriously injured when the driver of a car went around the cones designating the lanes for the triathalon and struck the cyclists. The crash occurred on North Lake Shore Drive near Irving Park Road around 7:30 a.m. The cones clearly marked the distinction between lanes for motor vehicle traffic and those for the triathletes. According to news reports, the motorist was cited for negligent driving and operating a motor vehicle without insurance. In Illinois, all motorists are required to have insurance. 

There is a possibility that additional charges could be brought when the Chicago Police Department completes their investigation. "Negligent Driving" is covered by Section 9-40-40 of the Chicago Municipal Code and provides as follows: 

§ 9-40-140 Negligent driving 

a. It shall be unlawful for any person to operate any vehicle upon a public waynegligently, heedlessly and without due caution in a manner which endangers or is likely to endanger any person or property or to swerve within, between or across lanes of traffic in such a manner. 

b. In addition to the fine prescribed in subsection (a), any person who violates this section where such violation results in the injury or death of a police officer, traffic control aide, fire department official or other authorized officer, while such officer is performing his or her official duties, or a person acting as a school crossing guard in a school safety zone, shall be subject to a term of imprisonment of not more than six months. 

Any person who violates this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense.

No further details have been reported. Our thoughts and prayers are with the cyclists injured in this inexcusable and preventable crash. 

Keating Law Offfices Sponsors the Intelligentsia Cup for 5th Straight Year

2017 if the 5th Year that Keating Law Offices has sponsored the Intelligentsia Cup powered by SRAM. The 2017 Intelligentsia Cup has races throughout Chicagoland. 

The Prairie State Cycling Series is put together by the same team behind Tour of America's Dairyland (ToAD). The goal of the promoters is that the Intelligentsia Cup would be a premiere event every July to complement the racing of ToAD every June. 

Regarding Keating Law Offices' sponsorship of the Intelligentsia Cup, noted bicycle attorney Michael Keating of Keating Law Offices said:

"The Illinois Bicycle Lawyers of Keating Law Offices are proud to sponsor the Intelligentsia Cup along with our friends at Intelligentsia Coffee and SRAM. Sponsorship is more than just investing in the races. It is an opportunity to give back to the bicycling community in Illinois and showcase bicycling as not just a recreational activity but a pro-level sport. It is incredibly rewarding to see this series continue to grow. As advocates of Illinois bicyclists, we are committed to promoting bicycling in Illinois, whether it be advocating for safer streets, fighting for our clients who were injured in a bike accident, or even supporting pro-level bicycling in Illinois. We look forward to the 2017 series."

Illinois Trial Attorney Mike Keating

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Uber or Lyft in Bike Lane? City of Chicago Training PROHIBITS Ride Share Cars in Bike Lanes

For a lot of people trying to get around Chicago, rideshare companies like Lyft and Uber have a made a big difference when it comes to the ease and comfort of getting around the city by car. That is why it is ironic that many Uber and Lyft drivers routinely use dedicated bike lanes to pick up or drop off passengers. This repeated pattern by rideshare drivers forces bicyclists out of their dedicated space and into the lanes for motor vehicle traffic. This act is discourteous, dangerous and a great source of frustration for Chicago bicyclists. Most importantly, it is also illegal and against the training for ride share drivers. 

Chicago Ride Share Rules Are Designed to Protect Bicyclists

Section 9-115-150 of the Municipal Code of Chicago requires that all "transportation network drivers" (such as Uber, Lyft, etc.) to successfully complete an online or in-person transportation network driver training program. The program includes guidelines on safely picking-up and dropping-off passengers. Dangerous Driving Behavior No. 6: Safe Pick-Up and Drop-Off gives the following clear rules:

• Passengers and driver cannot open car doors into traffic.
• Drivers can NEVER stop, stand, or park in a bike lane. Passengers cannot be dropped off in a bike lane.
• DOORING is opening a car door into the path of an oncoming cyclist. It is punishable by fines up to $1,000.
• Pull all the way over to the curb when picking up or dropping off a passenger. DO NOT BLOCK travel lane.

Here are copies of the City of Chicago's "Transportation Network Driver Training Curriculum Components" 

Transportation Network Driver Training Curriculum Components - Page 1 of 2

Transportation Network Driver Training Curriculum Components - Page 2 of 2

Uber's Internal Instructions to Drivers is to Respect Bicyclists

Uber’s own “Where to Drive” webpage also advises drivers to "be cautious of bikers and to avoid driving in the bike lanes." Unfortunately, many Uber/Lyft drivers simply disregard these important instructions and all too often illegally infringe on bicycle lanes. Bicycle lanes were designed to enhance protection for bicyclists and make the road safer for everyone. However, bicyclists are still being injured way too often in their own specifically designated lanes. 

As referenced above, a very common bicycle accident involving Uber/Lyft drivers is a “dooring” because drivers drop off their passengers while being pulled over in the bicycle lane. Drivers are expected to safely cross the bicycle lane and pull over to the curb completely, so they can pick-up and drop-off their passengers safely without disrupting bicycle traffic.

City of Chicago and State of Illinois Laws Prohibit Doorings

In addition to Municipal Code of Chicago, the Illinois Vehicle Code also designates discharging a passenger into the bike lane as illegal. Section 11-1407 of the Illinois Vehicle Code states:

“No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.” 

It is extremely important for drivers, and passengers alike, to be alert when they enter and exit vehicles. Bicyclists ride on the road to the right side of motor vehicle traffic, which forces them to ride very closely to the curb, or more often, very close to cars that are parked there. Common sense dictates that if someone suddenly opens their car door into the path of an oncoming bicyclist, the chance of them being able to stop in time and avoid colliding with the door is very minimal – and sadly, the injuries can be very catastrophic. By law, it is the driver’s and passenger’s responsibility to only open the car door when it is safe to do so, as the fate of avoiding a “dooring” is essentially in their hands.