Claim Settled for Chicago Bicyclist Injured In Dooring Collision

The Illinois Bicycle lawyers at Keating Law Offices recently settled a claim on behalf of a bicyclist who was doored on on Belmont Avenue earlier this year on August 13th. The incident occurred when the bicyclist was riding his bicycle eastbound on West Belmont Avenue at the same time a driver was sitting in a parked vehicle on Belmont. As the bicyclist rode by, the driver suddenly opened the driver’s side door of her vehicle without checking for oncoming traffic. Her door opened directly into the bicyclist’s path, causing him to collide into the door. The impact caused the bicyclist to be thrown from his bicycle and crash onto the pavement.

Following the collision, the injured bicyclist was admitted to the emergency room at Resurrection Medical Center. The hospital took several x-rays and the bicyclist was diagnosed with a shoulder separation and an injury to his tailbone. This settlement fairly compensated the injured bicyclist for his medical bills, pain and suffering, lost wages from his time off of work, and provided money to repair his damaged bike.

Illinois law expressly prohibits the behavior of the driver in this case. Section 5/11-1407 of 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."

Despite efforts to raise awareness, dooring remains a serious concern in Chicago. In 2012, doorings caused approximately 250 bicycle collisions within Chicago limits. To combat this problem, Mayor Rahm Emmanuel recently imposed an ordinance that will require all Chicago taxicabs to place a sticker on the rear passenger window that reads, "Look! Before Opening Your Door." In addition, in June 2013 the Chicago City Council approved the 2013 Bicycle Safety Ordinance which increases the fine for dooring a bicyclist.

Keating Law Offices has represented numerous victims of doorings not only in Chicago, but throughout Chicagoland and the rest of Illinois. While doorings most typically happen in congested urban areas, the Illinois law that prohibits doorings applies throughout the state of Illinois.

Burley Recalls Tailwind Racks Used For Towing Children Due to Fall Hazard

Burley Design, makers of the well known "Burley Trailer," recently announced a recall of its Tailwind Racks due to a fall hazard. The aluminum Tailwind Racks were used in hitching children’s trailercycles to adult bicycles. Burley has received 11 reports of Tailwind Racks breaking, which can cause the trailercycles to disconnect. One cyclist has already suffered a broken leg.

The double-sided racks were either sold individually in black or silver or with Kazoo or Piccolo brand trailercycles in black. The Tailwind Racks were sold online and nationwide by authorized dealers from November 2011 to September 2013. The Racks themselves were priced at $65, while the trailercycles were sold from $300 to $350. If you suspect you may have a Burley Tailwind Rack, check the back plate to see if the Burley logo is present.

Purchasers of the recalled Tailwind Racks should immediately stop riding the trailercycles and contact Burley Design at (800) 311-5294 to receive a free replacement rack. Burley will replace your aluminum Tailwind Rack with a steel Moose Racks at no charge.

The Illinois Bicycle Attorneys at Keating Law Offices strongly encourage Illinois' bicyclists to stay informed regarding recalls that may affect their bicycles or equipment. While manufacturers rarely intend to sell defective products, recalls are a reminder that product defects posing serious risks to cyclists can be discovered once a product is already on the market. It is important to monitor the safety of your bicycle and cycling equipment both before and after a purchase. The fact that this product recall involves a product used exclusively by children is particularly alarming.

Under Illinois law, the manufacturer of a product can be held liable when their product fails and the person was using the product in a reasonably foreseeable manner. This means that if a bicycle crash occurs because a part of the bike broke or failed during normal use, the manufacturer of that product would be responsible for any injuries or other damages suffered by the rider.

The attorneys at Keating Law Offices have handled numerous product liability cases. If you have any questions regarding a product liability case or other personal injury matter, please contact the firm at 312-239-6787 or attorney Mike Keating at MKeating@KeatingLegal.com.

Claim for Bicyclist Injured by Jogger on Chicago's Lakefront Path Settled for $125,000.00

The claim for a Chicago bicyclist who was injured on Chicago's Lakefront path when a jogger ran into her has been settled for $125,000.00. The incident occurred on August 22, 2012 as the bicyclist was riding and the jogger was running along the path. As the bicyclist maintained a straight path, the jogger inexplicably turned right into the path of the bicyclist. The bicyclist instinctively took sharp evasive action to avoid colliding into the jogger and, in doing so, lost control of her bicycle and crashed to the hard pavement of the path.
 
The bicyclist hit the ground with such force that her Giro Indicator Helmet cracked. Worse, the bicyclist's right collarbone was broken and her shoulder was sprained as she put out her arm to brace for the impact. A fractured collarbone is a very common injury suffered by bicyclists involved in a bicycle accident.
 
A City of Chicago ambulance was called to the scene and took the severely injured bicyclist to the emergency room at Advocate Illinois Masonic Medical Center. At the hospital the bicyclist was diagnosed with the mid-clavicle fracture and right shoulder sprain, injuries that required shoulder surgery to properly correct her injuries. After the surgery the bicyclist was unable to bear any weight on her right arm for two months.
 
Claims involving pedestrians or runners are often very difficult because, unlike with bicycle accidents involving motor vehicles, there often is not insurance coverage for incidents between pedestrians and bicyclists. While most people who have a car carry automobile insurance coverage, few people have insurance coverage through an insurance policy that covers other kinds of accidents. Complicating matters in this case was the fact that the police report contained very little information regarding the identity of the jogger. Again, unlike a bicycle accident involving a motor vehicle, there was no Illinois Motorist Report or Illinois Traffic Crash Report that routinely lists the name of the driver and their insurance company.
 
Following the bicycle crash, the bicyclist retained the Illinois Bicycle Attorneys at Keating Law Offices to represent her. However, due to the nature of the case the name of the jogger remained unknown. In order to obtain this information, the Illinois Bicycle Lawyers filed a lawsuit against "Jane Doe" and then subpoenaed the entire police file on the incident. Fortunately, the police officer in this case did fill out a basic incident report with some details. With cooperation from the Chicago Police Department, the name of the jogger was found and a private investigation service was able to locate a last known address for the jogger. The jogger was ultimately located and her insurance company was identified.

There was initially an argument that this was a pure "accident" and that no one was to blame. However, legal analysis comparing the duties of the bicyclist and the runner shows that is not the case. The bicyclist appropriately maintained a straight path as she traveled and kept a proper lookout for other bicyclists and runners on the path. The jogger, however, did not maintain a proper lookout and actually violated a relatively obscure law that imposes specific duties on a pedestrian, in this case a jogger. Section 9-60-120 of the Chicago Municipal Code imposes an explicit duty on pedestrians, whether walking or jogging, to exercise due care. Under this provision, the jogger was required to exercise sufficient care to avoid causing harm to others.
 
After negotiations with the insurance company, the Illinois Bicycle Lawyers reached a very favorable settlement on the bicyclist's behalf that paid for all of her medical treatment and compensated her for pain and suffering, lost wages, the surgical scar on her shoulder, emotional distress, and the loss of a normal life during the two months it took her to recover. Keating Law Offices has previously helped an injured bicyclist obtain a personal injury settlement for a bicyclist injured on the Lakefront Path.
 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists in Illinois. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@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.

PRESS RELEASE: Lawsuit Filed Against CTA and Its Driver for Collision Between CTA Bus and Chicago Bicyclist

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Summary: Keating Law Offices, P.C., a Chicago, Illinois law firm, filed a lawsuit in the Circuit Court of Cook County – Law Division on behalf of a Chicago bicyclist who was seriously injured as a result of being struck by a Chicago Transit Authority Bus.

On November 13, 2013, Keating Law Offices, P.C. filed a lawsuit against the Chicago Transit Authority on behalf of a Chicago bicyclist who sustained multiple serious injuries after being struck and run over by a Route 76 Diversey Street CTA Bus.

As the #76 CTA bus approached the stop just west of the intersection of Diversey and Clark the right side of the bus hit the bicyclist knocking him to the ground. The rear wheels of the bus then ran over the bicyclist’s left leg. Prior to the collision the bicyclist was riding eastbound on Diversey. As a result of the collision the bicyclist suffered skin shearing and multiple fractures of the left leg. These injuries required orthopedic surgery, reconstructive surgery, external fixation, and an extended hospitalization. The bicyclist is still recovering and will not be able to walk or ride his bicycle for months after the collision.

Keating Law Offices, P.C. filed the suit within hours of being retained and immediately filed a motion with the presiding judge for a protective order the next morning that requires the CTA to preserve evidence of the crash including its surveillance video footage.

The complaint alleges the bus driver violated several safety rules designed to protect Illinois bicyclists, including 625 ILCS 5/11-703(d) which provides:

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.

Attorney Michael S. Keating of Keating Law Offices stated as follows:

"The Chicago Transit Authority's own standard operating procedures require that the bus operator only move towards the curb when it is safe and clear of other traffic to do so. In addition, Illinois law is absolutely clear that the bus must give the bicyclist a minimum of three feet of distance when passing a bicyclist. We are alleging that these two critical failures were the principle cause of this collision which had devastating effects on the bicyclist."

Keating Law Offices Hires Illinois Bicycle Lawyer Alexander Loftus

Keating Law Offices has announced the hiring of Attorney Alexander Loftus, one of Chicago’s top young trial lawyers. Alex brings to the firm an extensive background in handling bicycle-related cases and a history of fighting to obtain the best possible results for his clients. Alex has successfully resolved several significant bicycle accident cases in Illinois.

Included in these impressive results is a $200,000.00 settlement on behalf of a DuPage County cyclist who suffered a broken leg after being struck by a motor vehicle while riding on the Illinois Prairie Path. Alex also recently successfully resolved a wrongful death case on behalf of the estate of an Illinois bicyclist. That case stemmed from the death of a bicyclist from injuries they sustained while bicycling in McHenry County. That case settled for the maximum insurance policy limits of $500,000.00. Alex was able to achieve maximum settlements for his clients in both of these cases despite the police initially concluding the cyclist was primarily at fault for the accident in each case. Through diligence and careful advocacy, Alex was able to overcome these initial difficulties and provide justice for the injured bicyclists and their families.

Attorney Michael S. Keating of Keating Law Offices is joining Alex in representing the the family of a Downers Grove native who was struck and killed by a turning semi-truck while riding her bike in Florida. That case, filed on behalf of the estate of the bicyclist, is currently pending in Federal Court against the driver and owners of the semi-truck.

In 2013 Alex was named a "Rising Star" by Law and Politics and the publishers of Chicago Magazine for the first time, a distinction given to no more than 2.5% of attorneys in the State of Illinois. In 2013 Alex was included in the Top 40 Trial Lawyers under 40 and the Top 100 Trial Lawyers in Illinois by the National Trial Lawyers Association and rated a 10/10 "Superb” by AVVO, an objective physician and attorney rating agency.

Attorney Michael S. Keating, founder and managing partner of Keating Law Offices, said the following regarding the hiring of Attorney Loftus:

 "Alex is clearly one of the most driven and talented young trial attorneys in Illinois. Given the fact that Alex also shares out commitment to representing victims of bicycle crashes in Illinois it was an easy decision to add Alex to our legal team. This addition also reflects the continued growth of the firm and our steadfast commitment to being the best bicycle law firm in Illinois."

A Heartfelt Thanks and Best Wishes to CDOT Commissioner Gabe Klein

City of Chicago Department of Transportation Commissioner Gabe Klein is resigning and his term at the helm of CDOT will end at the end of the month. While he only held the position for two and a half years, Commissioner Klein's direction and influence of Chicago's bicycle-related policies will extend far into the future.

Klein successfully executed the incredibly successful Divvy bike-sharing program, oversaw the development of new bike lanes including more protected bike lanes, and will be leaving just as the dream of the Bloomingdale Trail is beginning to take off and become a reality.

Included in Klein's successes is his steadfast commitment to bicycling as an integral part of a successful overall transportation plan for Chicago. The "Complete Streets" plan called for bicycles to be placed higher in the transportation hierarchy above automobiles and below only pedestrians and mass transit. Consistently, the "Bike 2015" plan continued under Klein's watch. The "Chicago Forward" plan, a two-year plan that began in 2012 called for the City of Chicago to implement transportation policies that would eliminate bicycle and pedestrian fatalities.

The attorneys at Keating Law Offices are strong proponents of many of the facets of Commissioner Klein's vision for safe bicycling in Chicago, particularly those that call for the create or extension of dedicated bike lanes, especially protected bike lanes that separate bicycle traffic from motorized traffic. By their very nature, protected bike lanes reduce the opportunities for a collision between a bicycle and a motor vehicle thereby reducing the number of bicycle related accidents that result in injuries or death.

Attorney Mike Keating of Keating Law Offices in Chicago, Illinois and the current chair of the Bicycle Litigation Committee for the American Association for Justice stated:

"Commissioner Klein's commitment to the safety of Chicago's bicyclists is truly second to none. During his time at CDOT he was a true leader who had the vision and the passion to make real changes in the role of bicycling in Chicago. His ability to get things done, and his great sense of humor, will be greatly missed. We all thank him immensely for the work that he has done."

Everyone at Keating Law Offices and the Illinois Bicycle Lawyers wish Gabe Klein and his family the best of luck with this transition into the future.

Keating Law Offices, P.C. is the premiere personal injury firm in Illinois committed to representing injured bicyclists. Over the past five years, the Illinois Bicycle Lawyers at Keating Law Offices have emerged as national leaders in bicycle law. The firm has successfully represented hundreds of bicyclists in their claims for injuries.

If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@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.

Bicyclist Killed When Struck by Vehicle on Madison St. in Oak Park

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The Chicago Tribune is reporting that a 91-year old bicyclist was killed as a result of a bicycle vs. motor vehicle collision in Oak Park. The collision occurred around 8 p.m. on Thursday evening in the near western suburb. The bicyclist was riding his bicycle north on Scoville and attempting to cross Madison Street. As the bicyclist was crossing Madison Street, he was struck by a passing motorist who allegedly failed to reduce his speed to avoid the collision. The motorist was ticketed by the police at the scene.

No further details are available regarding this collision. However, given the fact that the Oak Park police investigation concluded that the motorist was at fault for failing to reduce speed to avoid the collision, the family of the injured bicyclist may proceed with a Wrongful Death and Survival lawsuit. A lawsuit like this pursues a cause of action not only for the death of the bicyclist, but also for what he experienced prior to this death.

The bicyclist was an Oak Park resident who had worked in the area for 25 years after emigrating to the United States. The bicyclist worked at a local car wash and had worked at many other area businesses.
This tragic collision is yet another example of the vulnerability of a bicyclist in contrast to a motorist. Our thoughts and prayers are with the bicyclist and his family.

Tonight: Critical Mass Halloween Ride and the Chainlink Halloween Party

Chicago's Critical Mass will ride tonight from Chicago's Daley Plaza. While sometimes the subject of a lot of scorn from drivers and the impatient, in my opinion the Critical Mass movement is a great example of the effectiveness of non-violent protest and an exercise of the 1st Amendment. While many Americans can readily tell you that the 1st Amendment provides for Freedom of Speech, they forget that our founding fathers also wanted to protect our ability to freely assemble and to protest government policies. The soul of Critical Mass is overwhelmingly positive: it is to promote bicycling as a legal, safe, and legitimate form of transportation. As anyone who has ever ridden can also tell you, it is a ton of fun and something every Chicagoan should experience.

At the end of tonight's Halloween Ride, the Chainlink is having its annual Halloween Party. The party is at the Bottom Lounge from the end of the Critical Mass ride until late.

Happy Halloween!

If you have any questions regarding this post or an issue involving Illinois Bicycle Law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@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.

Batavia Wins "Bicycle Friendly Award" from the League of American Bicyclists

Batavia, a suburban city located in Kane County, was once known as the "Windmill City" due to its high production of windmills. Batavia can now add to its list of achievements. The League of American Bicyclists presented the Bicycle Friendly Community Awards on October 15, 2013 and named Batavia at the bronze level. A formal announcement given by the city of Batavia will be given at the next City Council meeting, held on October 21, 2013.

With Chicago already nationally recognized for its bicycle friendly communities, it comes as no surprise that Batavia, a suburb of Chicago, would also develop into a booming bicycle community. The City of Chicago has gained popularity among bicyclists due to its 200 miles of protected on-street lanes as well as plenty of leisurely pathways for those who prefer a more naturistic route. By 2020, Chicago will place a 645-mile network so that every person can have access to a bicycle and/or bicycle-friendly area within half a mile of them at all times, according to the City of Chicago.

Batavia is following in the same footsteps, growing progressively into somewhat of a haven for bicyclists. Awareness is being spread, community members are being educated, new policies are being implemented, and any problems that exist are being corrected. In short, Batavia is actively working to create and maintain a place where bicyclists can throw their worries aside and focus on nothing but enjoying their hobby in a safe and friendly environment.

As Mayor Jeffery Schielke said, "How often can a community add to the quality of life while at the same time attract economic development in a manner that is both efficient and environmentally responsible? We can't wait to reach platinum status." It is clear that Batavia is not slowing down anytime soon.

As attorneys who represent bicyclists who have been injured in a bicycle-related collision or crash, we applaud the efforts of Batavia. The Fox River Valley is one of the most scenic areas in all of Illinois with paths running along the river and sections of the Illinois Prairie Path within reach. Efforts like those taken by Batavia not only increase the opportunities for safe cycling, but they directly decrease the risk of a bicyclist being injured in a bicycle collision or crash.

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists who have been injured as a result of negligence of others. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at (312) 208 - 7702 or MKeating@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.

Evanston To Hold A Bike Work Shop To Discuss New Bike Plan

As reported by the Chicago Tribune on October 14, 2013, the City of Evanston is actively seeking a new and improved Bike Plan in order to provide a safe and enjoyable atmosphere for bicyclists in its community. The City of Evanston wants to create a new bike plan for the suburb and is taking action through education, raising awareness, and working to correct any existing problems that have been reported. As a part of Evanston's efforts, there will a Bike WorkShop on October 26, 2013 from 9:00-11:00am at Evanston Township High School (1600 Dodge Avenue Evanston, IL 60201) in the school's auditorium. Once the WorkShop has been completed, all attendees are invited to join along in a Bike Tour of Evanston from 12:00-3:00pm.

 

For those interested, the WorkShop will be a great way to learn more about Evanston, ways to stay safe while riding, and gain a bit of insight as to who is making the decisions that may be directly affecting Evanston's plans for bicycling. T.Y. Lin International, an engineering services firm, will be consulting Evanston on this effort and will be attending and addressing any comments or concerns the public may have. If you wish to attend this informative WorkShop, please register online at the City of Evanston's website. The WorkShop and Bike Tour are open to the public. All participants in the Bike Tour must provide their own bicycle and bicycle helmet.

 

Attorney Mike Keating lives in Evanston where he regularly rides his commuter bike to the Central Street Metra station and tows his children to the lakefront in a Burley trailer. Safe bicycling in Evanston is truly a subject of utmost importance in the Keating household and at Keating Law Offices. 

 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists who have been injured as a result of the negligence of others, as well as being proactive in an effort to keep the community safe for us all. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at (312) 208 - 7702 or MKeating@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. 

Chicago Bike Messenger Doored by Taxi Passenger Near Union Station

The Illinois Bicycle Lawyers at Keating Law Offices were recently retained to represent a Chicago bicycle messenger who was injured when she was doored by a passenger exiting a taxi near Union Station. On the evening of July 1, 2013, the bike messenger was riding her bicycle westbound on Adams Street just past the bridge over the Chicago River. At the same time, a taxi pulled over on the left side of Adams Street to drop off a passenger. As our client approached the taxi, a passenger suddenly opened the rear driver-side door directly into our client's lane of traffic, causing our client to slam into the door and fall to the ground. The passenger at fault immediately fled the scene before law enforcement arrived.

The taxi passenger clearly violated Section 11-1407 of the Illinois Rules of the Road, which 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 . . . ." 

Under the Illinois Rules of the Road, the passenger is liable for our client's injuries, as he directly interfered with moving traffic when he opened his door into our client's path. Unfortunately, we are unable to seek recovery from this individual, as he fled the scene and his identity remains unknown.

Fortunately, the cab driver and the company he works for are also liable for our client's injuries. City of Chicago Public Chauffeurs Rule 5.18 requires taxi drivers to discharge passengers "in a safe and legal manner" and requires divers to discharge passengers curbside. The driver is this case violated both of these requirements because the passenger opened the door in violation of Section 11-1407 of the Illinois Rules of the Road and because he failed to drop the passenger off curbside. As such, the Illinois Bicycle Lawyers at Keating Law Offices are still able to seek recovery on our client's behalf. We are currently pursuing this claim against the taxi cab driver and the taxi cab company involved in this collision.

Bicyclist Wins Claim Even After Motorist Provides False Information at the Scene

The Illinois Bicycle Lawyers at Keating Law Offices recently settled a claim on behalf of a bicyclist struck by a motorist on August 5, 2012 in Chicago, Illinois. On the date of the collision, the bicyclist was riding eastbound on West Diversey Avenue when she was struck by a motorist traveling in the same direction when the motorist attempted to turn right across the bicyclist's path to enter the I-94 East onramp. Due to the impact, the bicyclist crashed into the pavement and was knocked unconscious as well as suffering multiple other abrasions and deep tissue injuries to her body.

Upon regaining consciousness, the bicyclist was transported to the emergency department at Norwegian American Hospital before the police arrived at the scene. Moments before the bicyclist was taken from the scene of the collision in an ambulance, the responsible motorist provided what turned out to be fake contact information to the injured bicyclist. At the emergency room, the bicyclist was diagnosed with numerous injuries requiring months of physical therapy and chiropractic care.

The bicyclist retained the Illinois Bicycle Attorneys at Keating Law Offices to represent her within days of the collision. For nearly a year, we worked tirelessly exploring numerous avenues to determine the true identity and contact information for the responsible motorist. After significant efforts that included contacting the Illinois Secretary of State and utilizing a private detective service, we located the motorist during the summer of 2013. After locating the true whereabouts of the motorist we then contacted multiple insurance companies to find out if he was one of their insureds. Ultimately this persistence paid off and the actual insurance company was located. Following negotiations with the insurance company, the Illinois Bicycle Lawyers recently reached a very favorable settlement on the bicyclist's behalf that paid for all of her medical treatment and compensated her for her pain and suffering.

This case highlights the significant importance of remaining at the scene of a collision until law enforcement arrives whenever it is medically possible.  The most reliable way to obtain the true identity of a responsible motorist is to get documented proof at the scene of the collision. Without the identity of the responsible party, recovery from that party's insurance company is extremely difficult. Fortunately, we were able to determine the true identity of the responsible party in this case after numerous attempts and significant delay, but all too often clients receive inaccurate information at the scene and are left without a source of recovery. However, if ever faced between getting medical treatment and staying at the scene, always take care of yourself and get medical treatment first. 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists who have been injured as a result of the negligence of others. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@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.

Evanston Bicyclist Injured in Right Hook Collision on Clybourn Avenue

The Illinois Bicycle Lawyers at Keating Law Offices were recently retained to represent an Evanston bicyclist injured when a motorist cut in front of him as the motorist attempted to enter a driveway. On September 24, 2013, our client was riding his bicycle northwest bound near the edge of the curb on North Clybourn Avenue in Chicago. At the same time, the motorist was driving his vehicle in the same northwest bound lane of traffic on Clybourn. This put the car directly to the left of the bicyclist as they traveled along Clybourn. The motorist suddenly and unexpectedly decided to turn right off of Clybourn into a private driveway, directly in front of the bicyclist. This is an example of a "right hook" motor vehicle vs. bicycle collision where the motorist turning the vehicle right either into or in front of the bicyclist is the cause of the collision.

Due to the sudden action of the motorist, our client had no reason to anticipate the motorist's sudden turn, nor time to react, and the bicyclist collided into the front passenger side of the motorist's vehicle. Upon impact, the bicyclist fell from his bicycle and sustained significant injuries. The Chicago Police Department responded to the scene. Following an investigation, the responding officer determined that the motorist's failure to yield to our client's right-of-way was the primary cause of the collision. Our client was taken by ambulance to the emergency department at Advocate Illinois Masonic Hospital where he was treated for the injuries he sustained in the collision. 

According to the results of the Chicago Department of Transportation's Bicycle Crash Analysis, our new client's recent collision is among the most common type of Chicago bicycle crash. In specific, the CDOT found that 40% of all Chicago bicycle crashes result from motorists' failure to yield to bicyclists. In addition, approximately 37% of all injury-causing bicycle crashes in Chicago occur in the neighborhoods extending north from the Loop through Lincoln Park to Lakeview and extending West from the Loop through Wicker Park, Bucktown, and Logan Square. Accordingly, motorists in these neighborhoods need to be hyper-aware of the presence of bicyclists and need to yield to both other motorists AND bicyclists when navigating turns. 

Driver Who Struck Bicyclist On Milwaukee Avenue Identified

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a bicyclist struck by a passing motorist on Milwaukee Avenue. On the evening of August 1, 2013, our client was riding his bicycle on Milwaukee Avenue when a motorist traveling in the same direction struck our client while attempting to pass his bicycle. As a result of the collision the bicyclist fell and sustained injuries to his shoulder that required medical attention. 

The motorist's actions blatantly violated Section 11-703(d) of the Illinois Rules of the Road, which requires a motorist passing a bicyclist to leave a safe distance of at least three feet between his vehicle and the bicycle he is attempting to pass. Obviously, the motorist in this case failed to maintain a safe distance when his motor vehicle came into direct contact with our client's bicycle.

In a strange sequence of events, immediately following the collision, the motorist pulled over, took our client and our client's bicycle to a nearby repair shop, and paid for the repairs on the spot. The motorist also gave our client his first name and phone number. However, the motorist did not answer when our client attempted to call the motorist for payment of his medical expenses from a subsequent emergency room visit. Unfortunately, there is also not a police report on file containing the motorist's contact information, because the motorist prompted our client to leave the scene of the collision to get his bicycle repaired immediately. 

Working with our client, the Illinois Bicycle Lawyers at Keating Law Offices located the full name of the motorist involved in the collision by obtaining the name on the credit card used to pay for our client's bicycle repairs at the repair shop following the collision. We are currently in the process of obtaining insurance information based on the name of the driver and the make and model of the vehicle. The claim will be pursued to the fully extent possible in an effort to help this bicyclist who did the right thing and got legal assistance when left in this confusing situation.

Census Data Shows That Bicycle Commuting In Chicago Is Skyrocketing in Popularity

According to data collected by the U.S Census Bureau in its 2012 American Community Survey, the number of Chicago residents commuting to work by bicycle increased by 13.7% between 2011 and 2012. In 2012, 19,147 Chicago residents, comprising 1.6% of all commuters, relied upon bicycles as their primary mode of transportation to and from work. In 2011, only 1.4% of Chicago residents commuted to work via bicycle. This data was reported in an excellent story by Ted Cox of DNAInfo.com.

The Census warned that its survey results may underestimate the number of Chicago bicyclists commuting to work due to the small sample size of the survey. In addition, bicyclists complained that the survey only allowed participants to check one mode of transportation for their commute, so individuals who bike to and from public transportation were recorded as mass transit commuters though they rely upon bicycling as a vital part of their commute.

City Transportation Commissioner Gabe Klein credits the Divvy bike-sharing program with increasing the number of bicycle commuters in the city. Commissioner Klein stated, "The bike-sharing program is really mainstreaming biking in Chicago. It changes the way cars, bikes, and pedestrians interact." While bicycle commuting is increasing, current numbers are nowhere near Commissioner Klein's goal of 5%. The continued completion of a 500 mile bikeway network under Mayor Rahm Emanuel's Bike 2015 Plan should result in additional increases in bicycle commuters, as the plan aims to install at least one bikeway within a half mile of every Chicago resident.

As we noted in our May 16, 2013 post, Chicago is currently the top ranking "bikeable" large Midwestern city and is the 10th most bikeable large city nationally. As Chicago becomes more bike-friendly, City officials have taken a number of steps to increase bicycling safety, including adding more protected bike lanes, installing stickers in rear cab windows warning against opening doors into bicycle traffic, and increasing the fines for dooring bicyclists. The Illinois Bicycle Attorneys at Keating Law Offices hope to see further increases in bicycle commuting as the City continues to make bicycling in Chicago more accessible, easier, and safer. As the numbers of bicyclists increa, it is important that not just bicyclists but motorist be educated about bicyclists' rights and the importance of all vehicles "sharing the road."

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists who have been injured as a result of the negligence of others. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@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.

Chicago Bicyclist Dies After Collision With Motor Vehicle In Niles

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According to news reports, a 72-year-old Chicago bicyclist died Monday morning after a collision between his bicycle and a motor vehicle in Niles. According to the Niles Police Department, the bicyclist, Stanley Lorkiewicz, was riding his bicycle in 7700 block of North Milwaukee Avenue near Jonquil Terrace in the northern suburb when he was struck by a motor vehicle. As the above map indicates, Milwaukee is two lanes headed both northbound and southbound. Jonquile Terrace is a small residential street.

After the collision, Mr. Lorkiewicz exchanged information with the operator of the motor vehicle and the police were called to the scene. Reports indicate that the police described the incident as a "minor accident." Apparently no traffic citations were issued by the Niles Police Department.

However, while the Niles police officers were writing up a report on the incident, Mr. Lorkiewicz collapsed at the scene. There is no indication how much time lapsed between the collision and Mr. Lorkiewicz collapsing. Mr. Lorkiewicz was then taken to Lutheran General Hospital in Park Ridge where he was subsequently pronounced dead at 8:48 a.m., according to police and the Cook County medical examiner's office.

An autopsy is scheduled for Tuesday. Without the exact results of the autopsy, the precise cause of death is not known. However, the trauma and the shock from the collision clearly played a role in Mr. Lorkiewicz collapsing at the scene. Under Illinois law, a person who causes a collision is liable for all injuries where the collision was a cause of the injury. The collision need not be the sole, exclusive cause of the injury. An example of this scenario is where a person with a heart condition suffers a heart attack due to a relatively minor collision. Even though the collision was minor, it was enough to trigger the heart attack.

This is a very sad and tragic situation. Our thoughts and prayers are with Mr. Lorkiewicz and his family. 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of injured bicyclists and their families. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@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.

Chicago Bicyclist Doored By Cabbie In Front of Dana Hotel

The Illinois Bicycle Lawyers of Keating Law Offices were recently retained to represent a Chicago Bicyclist who was "doored" by a cab driver on August 29, 2013. On that date, the bicyclist was riding southbound on State Street towards its intersection with Erie Street. At the same time, a cab driver was picking up a passenger in front of the Dana Hotel located near the intersection. As the cab driver waited in the cab for his passenger, he suddenly opened the driver's side door of his cab directly into the bicyclist's path, causing the bicyclist to crash into the cab door and fall from his bicycle, sustaining serious injuries.

The Chicago Police Department responded to the scene and issued a citation to the cab driver under Section 5/11-1407 of the Illinois Rules of the Road. This provision explicitly 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." 

Despite efforts to raise awareness, dooring remains a serious issue in the Chicagoland area. In 2012, doorings caused approximately 250 bicycle collisions in Chicago's city limits. To combat Chicago doorings, Mayor Rahm Emmanuel recently required the placement of stickers on the rear passenger windows of all Chicago taxicabs that state,  "Look! Before Opening Your Door." In addition, in June 2013 the Chicago City Council approved the 2013 Bicycle Safety Ordinance which increases the fine for dooring a bicyclist.  

Keating Law Offices has represented numerous bicyclists doored by motorists. Keating Law Offices is a Chicago-based firm of trial lawyers who represent clients throughout Illinois. They are the leading Illinois firm in the field of bicycle litigation. If you have any questions regarding this post or an issue involving bicycle law or litigation, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week.

Shimano Recalls Disc Brake Calipers

Shimano American Corporation of Irvine, California recently announced a recall of its Shimano BR-CX75 and BR-R515 model disc brake calipers. The recall was issued when the company discovered that the disc brake calipers can fail and not working. The lack of working brakes on a moving bicycle can obviously increase  the likelihood of a bicycle crash or collision.

According to the United States Consumer Products Safety Commission:

This recall includes all Shimano BR-CX75 aftermarket disc brake calipers and BR-R515 disc brake calipers installed on road and cyclocross bicycles sold by other manufacturers including BMC, Giant, Ibis, Raleigh, Shinola, Specialized and Volagi. "Shimano," "China" and the model number are embossed on the outside of the brake caliper. Both models have either black or silver finishes.

The recalled disc brake calipers were sold nationwide from February 2012 to May 2013. The BR-CX75 model was sold individually for approximately $75.00, while the BR-R515 model was installed on various bicycles and included in the total cost. Consumers of the affected disc brake calipers should stop using them immediately and contact a Shimano authorized dealer for a free replacement including installation.

In September 2012, Shimano announced a recall of its Pro Vibe drop handlebars when it discovered that the handlebars may snap while riding (See the Illinois Bicycle Law post on this recall here). Several years ago, Shimano also recalled its Dura Ace Carbon Clincher Wheels because Shimano discovered that the surface of the rim and the spoke hole plugs could puncture the inner tube, causing the tire to flatten (See the Illinois Bicycle Law post on this recall here). When a manufacturer discovers a potential product defect, it is required to recall the defective product immediately, because manufacturers of defective products are liable for all foreseeable injuries which result from use of the defective product. Illinois law provides that manufacturers are "strictly liable" for injuries that occur due to a bicycle component that fails. Generally speaking, if a bicyclists is using a bicycle and its components in a normal manner, and a bicycle products fails to work and an injury occurs, the manufacturer is liable. Under Illinois law, a liable manufacturer would have to compensate the injured bicyclist for their injuries and other damages such as medical expenses and lost wages.

It is important to consult with an attorney if you have been injured as a result of a bicycle component that fails. The Illinois Bicycle Attorneys at Keating Law Offices have handled numerous product liability cases. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@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.

Lawsuit Filed On Behalf of Skokie Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices recently filed a lawsuit in Cook County on behalf of a Skokie man who sustained severe injuries in an April 2012 motor vehicle versus bicycle collision. The collision occurred at the "T" intersection of Dempster Street and Kenton Avenue in Skokie, Illinois. Immediately prior to the collision, the bicyclist was traveling eastbound on Dempster, which does not have a stop sign at the Kenton Avenue intersection. At the same time, the driver of a 2006 Buick was driving southbound on Kenton Avenue towards a stop sign at Dempster. The motorist rolled through the stop sign and struck our client's bicycle in the intersection as the motorist attempted to turn right onto Dempster. Though the motorist initially told the responding officer that it was our client who struck the motorist's vehicle, we obtained a copy of a 911 recording in which the motorist explicitly admitted striking our client's bicycle with his vehicle. 

 

Section 106-48 of the Skokie Code of Ordinances and Section 5/11-1003.1 of the Illinois Rules of the Road imposed an explicit duty to exercise "due care" on the motorist. This means that the motorist was required to operate his vehicle with appropriate caution to avoid causing harm to other motorists, bicyclists, and pedestrians, including our client. The motorist also failed to yield to our client's right-of-way in accordance with Section 5/11-1002(e) of the Illinois Rules of the Road which prohibited the motorist from driving through the Dempter stop sign until our client proceeded through the intersection, given that our client did not have a stop sign. Finally, the motorist violated the common law duty to keep a proper lookout, because he failed to notice our client and take steps necessary to avoid harming him as our client lawfully rode through the intersection. The Skokie Police Department issued a citation to the motorist for causing the collision. 

 

As a result of the collision the bicyclist suffered a massive injury to his left leg, requiring an open-reduction and internal fixation (ORIF) surgery. During the operation, an orthopedic surgeon implanted surgical hardware into our client's bone in an effort to stabilize his leg. The operation left our client bedridden for a month and subsequently required him to participate in extensive physical therapy. Unfortunately, our client later experienced complications with the hardware in his leg and the hardware had to be removed in a separate operation over a year after the original surgery. Our client was again left bedridden and is still attempting to rehabilitate his leg following the second operation. 

 

The case has been assigned to a judge in the Law Division of the Circuit Court of Cook County. Keating Law Offices is the leading Illinois law firm the in the field of bicycle litigation. The firm is currently handling more bicycle-related lawsuits in Illinois than any other firm in the state. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are always confidential and free.

Bicyclist On Irving Park Road Struck By Motorist Attempting to "Beat" Red Light

View Larger MapThe Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Chicago bicyclist who was severely injured in a collision on Irving Park and Kedzie on September 5th. The bicyclist was riding on Irving Park and entered the intersection with Kedzie with the right of way. At the same time, the driver of a car entered the intersection on Kedzie at a high rate of speed and struck the bicyclist. Witnesses at the scene stated that it appeared the motorist was trying to "beat" the red light. Unfortunately, the driver's judgment was completely wrong and he entered the intersection on a red light.

The front of the car struck the bicyclist directly and threw the bicyclist onto the car where his body shattered the windshield. The bicyclist was then thrown to the pavement of the roadway. The Chicago Police Department and the Chicago Fire Department responded to the scene. The bicyclist was stabilized at the scene, placed on a backboard, and transported to the trauma center at Illinois Masonic Hospital. The bicyclist was diagnosed with a dislocated elbow, a fractured pelvis, a fractured ankle, and a head injury that left fluid on his brain. His injuries were so severe that the bicyclist remained hospitalized for three full days following the collision.

Unfortunately, bicycle crashes involving drivers failing to yield at intersections are not uncommon in Chicago. According to the Chicago Department of Transportation, approximately 55% of all Chicago bicycle crashes occur at intersections. Moreover, 40% of all Chicago bicycle crashes occur as a result of a motorists' failure to yield. Unfortunately, this  recent collision is on point with these trends, as the motorist in this collision completely failed to obey the traffic signal and stuck our client in an intersection. This collision and existing data confirm that motorists need to be hyper-aware when approaching an intersection for bicyclists lawfully sharing the road. It is also important to note that the Illinois Rules of Road require a motorist to slow down at an intersection, even if there is a green light. In other words, there is never a situation where it is lawful or safe to speed up through an intersection. This is a very clear example of how bicyclists and other vulnerable users of the roadway are put at risk when motorists fail to adhere to the Rules of the Road.