What's the Most Dangerous Stretch in Chicago for Getting Doored?

As detailed in previous posts, IDOT has not tracked "doorings" as "accidents" or "collisions" until the recent directive from Governor Quinn to do so. It will be years before we get more accurate statistical data as to where the "hot spots" are for "doorings" in Chicago. Please comment below on where you've been doored or where you think the most dangerous area is in Chicago. You can also email me at mkeating@keatinglegal.com 

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 . All initial consultations are confidential and free.

Bicyclist Struck and Killed in Wheeling

It has been reported that a bicyclist was killed in suburban Wheeling. According to news reports, 43-year old Alfonso Balderas was killed while riding southbound down Wolf Road near its intersection with Messner Drive. Balderas was struck by a delivery truck on Wolf Road. Initial reports indicate that Balderas made a left turn across southbound Wolf Road when he was struck. Police continue to investigate.

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. All initial consultations are confidential and free. Hablas espanol.

IDOT To Track "Doorings"

As detailed in previous posts on www.IllinoisBicycleLaw.com, it was the practice of the Illinois Department of Transportation to not track and account for the number of "doorings" that occurred in Illinois and to count them as motor vehicle collisions. IDOT's logic was that since the "doorings", by definition, occurred when the motor vehicle was not running, that this was not a typical collision. The problem with this is that the statistics on the number of "doorings" in Illinois was incomplete. This leads to a larger problem in that the public at large was not aware of how common and dangerous the "dooring" phenomena is in Illinois.

It was announced today that Illinois Governor Patrick Quinn has ordered IDOT to start counting "dooring" as a motor vehicle collision when compiling accident statistics. Per Gov. Quinn's order the fact that the motor vehicle may be turned off has no relation to the fact that the operator of the motor vehicle caused a collision with another permitted user of the roadway in a bicyclist.

The attorneys at Keating Law Offices have substantial experience in "dooring" cases and are currently handling several "dooring cases." Keating Law Offices was a part of the efforts to convince Governor Pat Quinn to change IDOT's policy and start tracking "doorings." 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 . All initial consultations are confidential and free.

The Legal Definition of "Dooring"

There is no precise legal definition of "dooring." Both the Illinois Motor Vehicle Code and the Chicago Municipal Code address the illegality of not impeding traffic with a car door, but neither address the act of a bicyclist actually impacting a vehicle door due to a negligent motorist. 

Section 11-1407 of the Illinois Rules of the Road and the Chicago Municipal Code provide as follows:

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.

Neither law provides a legal definition of the act of "dooring" itself. Attorney Michael Keating, Chair of the Bicycle Litigation Committee for the American Association of Justice, has proposed the following legal definition of "dooring." 

dooring. (Verb) doored. (Past Tense) doorings. (Plural)
The act of opening the door of a motor vehicle into the path of a bicyclist and causing a collision. Examples: "The bicyclist was a victim of a dooring while riding down the bike lane." "Several bicyclists were victims of doorings while riding on the same bike lane."

A commonly understood legal definition helps everyone involved in the case including the lawyers, the insurance company, and the judges to understand exactly what it is that a driver does wrong when they open their door into the path of a bicyclist and that bicyclist is injured. 

Editorial Advances the Discussion on "Doorings"

In a recent Chicago Tribune editorial, the issue of "doorings" was advanced. The legal issues surrounding "doorings" has reached a fever pitch in recent weeks because of the Active Transportation Alliance's efforts to publicize the fact that the Illinois Department of Transportation does not count "doorings" as a "traffic" accident.

IDOT's misguided rationale is a "dooring" does not count as a traffic accident because the motor vehicle itself is not in motion at the time of impact. I addressed IDOT's position in an earlier post on www.ILBicycleLaw.com.

The City of Chicago has and ordinance that prohibits "doorings." Further complicating problems for bicyclists is the fact that Chicago police rarely issue tickets to the motorists responsible for the "dooring." In 2008 the City of Chicago amended its Municipal Code to specifically address "doorings" and other dangerous actions by motorists that affect bicyclists. Section 9-80-035 provides the following:

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. Added Coun. J. 3-12-08, p. 22781, § 2.

Many of the opponents to bicycling try to spin this ordinance as unfair targeting of motorist. However, that is only part of the motivation behind this ordinance. The ordinance also serves as a deterrent to keep motorists aware of the possibility that a bicyclist may be approaching and that if they "door" a motorist then they could be fined under the ordinance. Section 9-4-025(b) of the ordinance,"Bicycle safety violation–Penalty" provides that the fine is $150 if the violation interferes with the bicycle and $500 if a collision results between the door and the bicycle. The ordinance reads as follows:

Any person who violates sections 9-40-160 or 9-80-035 of this Code, when such violation interferes with the movement of a bicycle, shall be subject to (i) a penalty of $150.00 or, (ii) if such violation causes a collision between a motor vehicle and a bicycle, a penalty of $500.00, for each offense.

A bicyclist who has been "doored" also has the right to pursue a civil claim against the motorist committing the "dooring" and their insurance company. Claims like this are common and often result favorably in favor of the bicyclist with the assistance of an experienced attorney. 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 . All initial consultations are confidential and free.