Arlington Heights Strives to be a "Bicycle Friendly Community"

The Village of Arlington Heights is making a strong effort to be designated a Bicycle Friendly Community. The title, which is given out by the League of American Bicyclists, would make Arlington Heights only the 5^th community in Illinois to have such a distinction. The only other areas in Illinois with the designations are Champaign, Chicago, Naperville and Schaumburg.

Arlington Heights is pursuing two programs in order to help gain recognition from the League. They plan on instituting a Safe Routes to School initiative and a Complete Streets Policy. Safe Routes to School is a federally funded program that includes education and infrastructure changes that encourage all students to walk or bicycle to school. The Complete Streets Policy is a concept that requires safe, attractive and comfortable access for all bicyclists. Further, the Policy requires that all new roadwork or road renovation be made in consideration of bicycle traffic.

With more and more people using bicycles as a means of transportation, Keating Law Offices fully supports the efforts of communities such as Arlington Heights. Attorney John J. Walz stated “Our firm hopes that many more suburbs and townships will adopt policies like those enacted in Arlington Heights. Safe and accessible roads for bicyclists helps cut down on the number of collisions and accidents between motorists and bicyclists that occur daily throughout Illinois.”

Keating Law Offices is currently handling several cases involving bicyclists struck by negligent drivers. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Keating Law Offices at mkeating@keatinglegal.com or 312-239-6787. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Source: www.triblocal.com

Chicago Alderman Proposes Licenses for Bicyclists

Chicago Alderman Richard Mell of Chicago’s 33^rd Ward suggested at a recent a budget hearing that bicyclists in Chicago be required to have licenses. Alderman Mell proposed this idea in response to the City installing 100 miles of protected bicycle lanes throughout Chicago. The protected lanes are part of Mayor Rahm Emanuel and Transportation Commissioner Gabe Klein’s initiative to make Chicago one of the most bicycle friendly cities in the country.

Alderman Mell claimed that the dangerous riding techniques of some bicyclists should require them to be licensed. Ald Mell was quoted by the Chicago Sun-Times as saying, “Nothing aggravates people more than the guy who’s sitting there patiently [at a red light and watching a bike rider who] shoots across. Some of [them] put themselves in danger, too. As we flaunt the fact that we’re trying to make the city more hospitable to bike riders, they do owe a responsibility to pedestrians, who have to dodge away from them.”

However, there are detractors to the idea. Ron Burke, executive director of the Active Transportation Alliance, responded by saying that licensing bicyclists is not actually a deterrent to reckless cycling. “What is a deterrent to reckless cycling is enforcing the laws that already exist,” Burke stated in the Sun-Times article, adding that safety education as well can be helpful.

With the City planning to expand its bike renting program to about 3,000 bicycles by next summer, cyclist safety has become a top priority. The attorneys at Keating Law Offices have advocated for safer riding conditions in Chicago and currently represent numerous cyclists who have been injured while riding throughout the Chicagoland area.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Keating Law Offices at 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.

Source: Chicago Sun-Times, October 27, 2011

Case for Injured Bicycle Commuter Settled During Trial

Keating Law Offices successfully resolved a fiercely contested case stemming from a motor vehicle vs. bicycle collision that occurred on June 13, 2007 in Glendale Heights, IL. The collision occurred at the intersection of southbound Glendale Heights Road and Armitage Avenue in the western suburb. The collision occurred when the defendant motorist allegedly failed to yield the right-of-way and made a left-hand turn with his motor vehicle in front of the bicyclist. This is known as a “left hook” collision.

As a result of this collision the plaintiff, a regular bicycle commuter from his job in Schaumburg to his home in Glen Ellyn, sustained a fracture in his right shin, a fracture of his left arm/shoulder, and fractures in his right hand. These injuries resulted in substantial medical expenses, pain and suffering, disability, lost wages and property damage.

The injured bicyclist attempted to resolve the matter with the motorist's insurance company on his own. However, the insurance company refused to settle the case and argued that the bicyclist was at fault for not stopping in time.

The Illinois bicycle attorneys at Keating Law Offices filed a complaint at law on the bicyclist's behalf and litigated the case. Over two years of litigation, the attorneys for the driver's insurance company refused to admit that the motorist was primarily responsible for the collision and even hired an expert accident reconstructionist to argue at trial that the bicyclist's version of events was not possible. Despite this, a settlement was reached during trial to settle the case in favor of the bicyclist.

If you have been injured in a bicycle accident or collision in Illinois, it is important to consult with an attorney. Keating Law Offices offers free, no obligation consultations to injured cyclists. 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.

Investigation Shows Dangerous Cab Drivers Remain on the Road

A recent investigation by the Chicago Tribune revealed that Chicago cabdrivers with dangerous driving records are being allowed to remain on the road. The investigation was sparked by two recent deaths involving cabdrivers striking pedestrians in the Chicagoland area. In June, cabdriver Yao Ofori lost control of his cab and struck a man on the sidewalk, killing him instantly. Two months later, cabdriver Mohammed M. Ahmed hit an elderly woman crossing Sheridan Road, causing fatal injuries. Both drivers remain on the road.

According to City of Chicago ordinances, cabdrivers who are found guilty of moving violations three times in one year are not to be allowed to renew their chauffeur’s license. Despite this, the investigation found that many cabdrivers who are constantly ticketed by the Police suffer little or no consequences.

The investigation revealed that 75 percent of the tickets issued by the Chicago Police Department are dismissed for want of prosecution, namely, the arresting officer does not show up in Court. However, the dismissal rate for tickets issued by the Illinois State Police was only 40 percent. A spokesman for the Chicago Police Department stated that officers who miss court dates may be out sick, on furlough or redeployed to appear at more serious criminal proceedings, but acknowledged that appearing at court for moving violations is the “lowest on the hierarchy” for officers.

Keeping pedestrians and bicyclists safe from dangerous drivers should be a top priority for both the City of Chicago and Cook County. The fact these dangerous cabdrivers are allowed to remain on the road is a matter of great concern. There needs to be greater involvement by the Chicago Police and Illinois State Police to make sure these cases are not dismissed and these unsafe drivers are prosecuted to the fullest extent of the law and hopefully removed from the road.

Keating Law Offices is currently handling several cases involving negligent cab drivers. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Keating Law Offices at mkeating@keatinglegal.com or 312-239-6787. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Source: Chicago Tribune, September 23, 2011. www.chicagotribune.com

Chicago Bans "Biking While Texting"

The City Council’s Committee on Pedestrian and Traffic Safety passed an ordinance on Monday, October 03, 2011, banning Chicago bicyclists from talking and texting on their cell phones while riding their bikes. The ordinance includes a escalating scale of fines. Bicyclists who violate the ordinance will be fined $20-$50 for their first-time offense, which rises to $75-$100 after the third offense. If the distracted bicyclist is determined to be the cause of a crash, the fine increases to $500.

Illinois and Chicago lawmakers have targeted cell phone distractions as it is a growing safety issue. Last year, an Illinois law took effect which banned talking and using cell phones from viewing any “electronic messages” on motorists’ cell phones, which bans not only texting, but also instant messages, e-mailing, or accessing an internet site. The Illinois legislature carved out exceptions for emergency use and hands-free phone technology. The Chicago biking ordinance also allows Chicago bicyclists the same emergency use and hands-free phone exceptions.

The Illinois distracted driving law was passed after the tragic story of Matthew Wilhelm. In 2006, Wilhelm, known as a particularly safe bicyclist who always wore his helmet, was riding his bicycle on the right shoulder of a road when he was struck by a motorist. That motorist, a teenager who was busy trying to download ringtones onto her cell phone, drove onto the shoulder and struck and killed Wilhelm. The next year, an Illinois legislative task force was formed to study the problem of distracted riving. The task force reported that it found that distracted driving causes 1 in every 4 accidents in the United States. That figure reportedly amounted to 4,300 distracted-driving accidents per day.

Chicago Alderman Marge Laurino (39th Ward) advocated for the importance of the law to extend to bicyclists, arguing that bike riders need to follow the same rules of the road as motorists. Last year there were more than 1,600 crashes involving bicycles and five people were killed, according to Deputy Transportation Commissioner Luann Hamilton.

Some advocates of distracted driving laws are worried that the new distracted biking ordinance will take away from enforcement of distracted motorists in Chicago. The Active Transportation Alliance has criticized enforcement of the Illinois distracted driving law, citing it is “rarely enforced.” However, Matthew Tobias of the Chicago Police Department counts that “[t]the enforcement of texting while driving and talking on a cell phone has risen every single year since that was passed”—from 2,577 administrative violations in 2008 to 10,920 in 2009 and 19,701 last year.”

Attorney Mike Keating, a personal injury attorney who represents injured bicyclists throughout Illinois stated, “Extending the requirements of using the roadways without being distracted by electronic devices to bicyclists is fair and reasonable. Distracted bicyclists are a danger to themselves and to other users of the roadways and pedestrians. This is an important reminder that all users of the roadways have a responsibility to act with the safety of everyone in mind.”

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.

This blog post was written with the assistance of Joel Barker, a recent graduate of DePaul University's College of Law. Mr. Barker will be admitted to the Illinois Bar in November.

Source: Chicago Tribune's "Red Eye" newspaper 10/6/2011.

NEXT Brand Bikes Sold at Wal-Mart Recalled for Defective Chains

The U.S. Consumer Product Safety Commission (CPSC) recalls related to bicycles continues to increase. Yesterday, CPSC announced a recall of approximately 91,000 bicycles imported from China by Bridgeway International of Naples, Florida .

The recalled bikes are “NEXT”-branded men’s 26-inch hybrid bicycles. Model numbers LBH2611M and LBH2611M2 are included in this recall. Consumer can find the model number on the frame between the pedals. CPSC reports the bikes subject to the recall were sold at Walmart from February 2011 through July 2011. The bikes are either red or orange and have “Power X” and “Suspension” printed on the frame.

The recall is due to CPSC’s determination that the bikes have a faulty chain that can break, causing a rider to potentially lose control and fall. Thus far, there have been 11 incident reports to Bridgeway International, including nine involving injuries. Consumers are encouraged to stop using the recalled bicycles immediately and contact the company for free repair.

CPSC is an Independent Federal Regulatory Agency that strives to save lives and keep families safe by reducing the risk of injuries and deaths associated with consumer products. You can learn more about CPSC and recalled products at their website by clicking here.

A defective bicycle or bicycle-related product that leads to an injury may be the basis for a product liability claim under Illinois law. In Illinois, an injured person may pursue under the doctrine of "Strict Product Liability" when basically two conditions are met. First, an unreasonably dangerous condition or defect existed in the product. Second, the condition or defect at the time the product left the manufacturer's control, and the condition was the primary cause of the rider's injury.

If you have been injured while riding and think it was due to a defective product, please contact Illinois Bicycle Lawyer Mike Keating at MKeating@KeatingLegal.com or 312-208-7702. Keating Law Offices offers free, no obligation reviews of product liability cases. All consultations are completely confidential. This blog post was written with the assistance of Joseph T. Vietri, a third-year law student at DePaul University’s College of Law.

Specialized Recalls 14,000 Bikes Due to Defect in Forks

The U.S Consumer Product Safety Commission (CPSC) announced a recall of nine 2011 model year bicycles that have Advanced Group carbon forks. Approximately 14,200 bicycles manufactured in Taiwan by Advanced Group and distributed by Specialized Bicycle Components Inc., of California are subject to the recall. The CPSC reports that the bikes subject to the recall were sold nationwide from June 2010 through August 2011.

The following nine 2011 model year bicycles are subject to the recall: Sirrus Expert, Sirrus Comp, Sirrus Elite, Vita Expert, Vita Comp, Vita Elite, Vita Elite Step Thru, Tricross Sport, Tricross, and Tricross Comp. The bicycles have the brand name “Specialized” on the lower front frame tube and the model name is on the top tube.

The CPSC determined, “the brake component housed within the bicycle’s carbon fork can disengage from the fork and allow the brake assembly to contact the wheel spokes while rotating, posing a fall hazard.” Consumers are encouraged to stop riding these bikes immediately and return them to an authorized Specialized retailer for a free repair. Specialized has received two reports of the brake component disengaging from the carbon fork.

The CPSC is responsible for protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction. CPSC reports that deaths, injuries, and property damage from consumer product incidents cost the nation more than $900 billion annually.

A defective bicycle or bicycle-related product that leads to an injury may be the basis for a product liability claim under Illinois law. In Illinois, an injured person may pursue under the doctrine of "Strict Product Liability" when a) an unreasonably dangerous condition or defect existed in the product, b) the condition or defect at the time the product left the manufacturer's control, and the condition was the primary cause of the rider's injury.

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. Keating Law Offices offers free, no obligation reviews of product liability cases. All consultations are completely confidential. This blog post was written with the assistance of Joseph T. Vietri, a third-year law student at DePaul University’s College of Law.

Chicago to Dramatically Expand Bike-Sharing Program

Chicago is once again making plans to encourage the use of bicycles throughout the city. The Chicago Sun-Times is reporting that the City of Chicago plans to dramatically expand the city’s bicycle-sharing rental program by next summer. The plan calls for providing 3,000 bikes for short-term use between 300 pick-up and drop-off stations, officials said. The program also calls for additional expansion in 2013 and 2014.

Chicago first launched a bike-sharing program in 2010. The current program, B-Cycle, is operated privately by Bike & Roll, a local bike rental and touring company. The program is limited to 100 bikes at six pick-up and drop-up stations at popular tourist destinations. According to bcycle.com, B-Cycle stations are located at Buckingham Fountain, the museum campus near the Field Museum and Shedd Aquarium, the Time-Life Building on Ohio Street, and two stations on the Illinois Institute of Technology campus.

The Sun-Times reports, “the new program would be geared more toward everyday Chicagoans interested in making short trips by renting a bike at one location and dropping it off at another. Bike kiosks would likely be located at CTA and commuter rail stations and no more than a half-mile apart.”

New Transportation Commissioner Gabe Kline told the Sun-Times, “we view this as a new transit system that’s self-powered. The idea is to have so many stations, it’s easy to get from one point to another quickly. It fills in the gap in the existing transit system and allows people to pick up a bike at one location and drop it off at their destination.” Kline has experience starting large scale successful bicycle-sharing programs. He told the Sun-Times the plan he stated in Washington D.C. doubled expectations in its first year. “It’ll become the best way for many people to get to work or make the last-quarter mile or one-mile connection to work,” he said.

Attorney Mike Keating of Keating Law Offices in Chicago, a law firm that represents injured cyclists and their families stated, "The concern is always that while more bicycles are overall very positive, motorists may not be prepared for a sudden surge in bicyclists, especially in downtown areas where tourists unfamiliar with a congested urban area may choose to ride. Bicyclists have the same right to the roadway as motorists, but are at an obvious safety disadvantage." However, these safety concerns could be partially mitigated if Mayor Emanuel follows through on his promise to deliver 100 miles of “protected bike lanes” in the City.

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. This blog post was written with the assistance of Joseph T. Vietri, a third-year law student at DePaul University's College of Law.