Thursday, May 31, 2012

Keating Law Offices Retained to Represent Rear-Ended Champaign Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Champaign, Illinois bicyclist who was rear-ended at a red light. The bike acccident occurred in August of 2011 just after 5pm.While this may sound like a simple case, it becomes quite interesting when considering the following facts: 1) the bicyclist was wearing a yellow safety vest; 2) the bicyclist had not one but two flashing rear lights; and 3) it was still light out at that time of the evening in August.

The motorist was ticketed at the scene for failure to reduce speed to avoid a collision under Section 625 ILCS 5/11-601 of the Illinois Motor Vehicle Code. 

The bicyclist suffered multiple injuries, including the aggravation of a pre-existing medical condition. In Illinois, the aggravation of a pre-existing medical condition is the same as causing a new injury.  According to Illinois Pattern Jury Instruction (IPI) 30.03, the "aggravation of any pre-existing ailment or condition" is an element of compensable damages. If this case goes to trial, the bicycle law attorneys at Keating Law Offices will be able to argue that not only is the car driver responsible for new injuries, but also that the car driver who caused this bike accident is responsible for the aggravated "old" injuries.

The Illinois Bicycle Attorney at Keating Law Offices have handled cases in literally every corner of the State of Illinois. Attorney Mike Keating is also licensed to practice in the United States District Court for the Eastern District of Wisconsin. This covers most of the southeastern portion of Wisconsin containing Milwaukee and its suburbs. 

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 in Hit-and-Run "Right Hook" Case

The Illinois Bicycle Lawyers at Keating Law Offices have filed a lawsuit in the Circuit Court of Cook County against the owners of an SUV involved in a hit-and-run on Chicago's North Side. The bicyclist injured in the bicycle accident was riding along Racine Avenue near its intersection with Diversey. At the same time, the SUV was traveling alongside the bicyclist and made a right turn immediately into the path of the bicyclist causing a bicycle crash. This is known as a "right hook" bicycle accident.The bicyclist suffered a torn rotator cuff which required extensive medical treatment and rehabilitation.

The driver of the SUV then fled the scene. However, the bicyclist was able to get a license plate and give that information to the Chicago Police Department who tracked down the owners of the SUV. The bicyclist's quick thinking in this case gave the police and then his attorney and opportunity to pursue justice. It is a reminder to ALWAYS get a license plate, make and model of vehicle, name of driver (if possible), insurance information, phone numbers, and any other information possible. At a minimum, snap a picture of the license plate of the vehicle's license plate with your cellphone camera.

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.

Friday, May 25, 2012

Illinois Ranks #11 in Ranking of Bicycle Friendly States

The League of American Bicyclists has ranked the State of Illinois as the #11 most "Bicycle Friendly State." The League issued a report card for each state based on: 1)Legislation and Enforcement; 2) Policies and Programs; 3) Infrastructure and Funding; 4) Education and Encouragement; and 5) Evaluation and Planning.

Illinois scored a 4 out of 5 in Legislation and Enforcement, Policies and Programs and Education and Encouragement. The Land of Lincoln scored a 3 out of 5 in Infrastructure and Funding and only a 2 out of 5 in Evaluation and Planning.

The Illinois Bicycle Lawyers at Keating Law Offices have worked with state and local politicians and advocacy groups on many of Illinois' bicycling legislation, policies, programs, and plans. This may be a fair ranking if one were to look at the State of Illinois generally. But given that a majority of our population lives in or around Chicago, and the City and many suburbs have made major strides in being bike friendly, I think this metropolitan influence should have given the Prairie State a higher score.

That said, it is a reminder that there is a lot of work to be done. One very accurate criticism by the League is that Illinois lacks an all-ages cellphone ban that would prohibit talking/texting while driving and reduce the number of bicycle accidents from distracted driving. The bicycle accident attorneys at Keating Law Offices have handled several cases involving distracted drivers who caused a bicycle accident. The unfortunate reality for bicyclists is that what might be a fender-bender for a car is usually a trip in an ambulance to the ER for a bicyclist after a bicycle accident. The number of distracted driving cases is simply inexcusable.

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.

Forbes Magazine has a nice summary of the ranking by the League of American Bicyclists that you can find by clicking here.

Thursday, May 24, 2012

Keating Law Offices Settles Case for Quincy, IL Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices have secured another settlement on behalf of an Illinois bicyclist who was injured in a bicycle accident. In this case, the Quincy, Illinois bicyclist was injured when the driver made a "left hook" directly into her bicycle. A "left hook" is when the bicyclist and the motorist are traveling in opposite directions. The "hook" is when the motorist makes a left turn directly into the path of the bicyclist. In this case, the motorist actually clipped the bicyclist and caused her to crash. 

The insurance company for the motorist took a "hard line" approach to the case. The insurance company argued that the bicyclist was partially to blame and, in any event, the bicyclist's injuries were not as severe as she claimed. However, the attorneys at Keating Law Offices were able to successfully defeat every argument raised by the insurance company. The Illinois Bicycle Lawyers were able to show that the motorist: 1) failed to keep a proper lookout and notice the bicyclist; 2) failed to yield to the bicyclist and 3) the injuries were severe. 

The first two points were secured by getting a statement of an independent witness to the case. The third point was secured by working with the bicyclist's orthopedic surgeon to provide a detailed report on the condition of the injured bicyclist's knee. It was a direct result of this thorough investigation that the case successfully resolved. The settlement is one of the largest reported settlements in the western part of Illinois for the injury sustained by the bicyclist in this case.

Keating Law Offices handles cases throughout Illinois. The firm also works along with co-counsel in other states on cases from bicycle-related accidents. 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.

Wednesday, May 23, 2012

Driver of Car That Crashed Into 8-year Old Bicyclist Charged

It has been reported that the driver of a vehicle that killed an 8-year old boy riding his bicycle in Skokie has been charged in criminal court. The charges include both felony and misdemeanor charges for driving under the influence, for failing to yield at a stop sign, and for failure to have proof of insurance.

Attorney Mike Keating of Keating Law Offices posted on www.ILBicycleLaw.com yesterday that given the layout of the intersection that it was logical that the driver failed to stop at the stop sign at Main Street on southbound St. Louis in Skokie. This analysis has unfortunately been proven true.

The driver, 23-year old Hanin Goma of Skokie, will most likely face a civil law suit in addition to the criminal charges against her. The family of the 8-year old boy may proceed on behalf of the minor boy's estate against the driver and potentially against Skokie. Skokie is reportedly investigating if there was anything wrong with the intersection that contributed to this bicycle-related accident.

Keating Law Offices is currently handling numerous cases involving children injured in a bicycle crash or bike accident. 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.

Recall Alert: Ridley 4ZA Threadless Carbon Bicycle Handlebar Stems Recalled

The Ridley brand and its distributors, Sinclair Imports, of Reno, Nev. and Quality Bicycle Products, of Bloomington, Minn., have announced the recall of approximately 105 model 4ZA Threadless Carbon Bicycle Handlebar Stems. According to the CPSC website, these carbon handlebar stems were sold as individual aftermarket components. The stems are black and have the words "4ZA Cycling Performance" painted on the carbon extension between the steerer clamp and handlebar clamp. The recalled stems range in extension lengths from 90mm to 130mm, approximately 3.5 to 5 inches.

In Illinois, bicycle riders are primarily required to ride on roadways. According to Illinois Statute, riders are to ride as close as practicable and safe to the right-hand curb or edge of the roadway in most situations. (IL ST CH 625 § 5/11-1505). Failed components could cause the rider to fall into oncoming traffic.

In Illinois, manufacturers of products can be held liable for personal injuries or wrongful deaths that occur from a defective product. The law in Illinois holds manufacturers "strictly liable" for any injuries or deaths that occur. The law simply holds that there is liability if the product fails when "put to a reasonably foreseeable use." A defective handlebar stem that could fail and cause a fall is a prime example of a defective product that could lead to a product liability case.

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.

Bicycling Magazine Names Chicago 5th Best Bike City in America

Bicycling Magazine has issued a press release naming the 50 Best Bike Cities in America and has put Chicago as #5 on the list. Chicago trails only  Portland, Minneapolis, Boulder and Washington D.C. on the list. Bicycling Magazine pointed to Chicago's new bike-share program. Bicycling Magazine concluded that:
"Chicago experienced a significant boost from new bike-share programs, which have proved transformative in creating a stronger cycling culture and increasing the number of cyclists"
I respectfully disagree with Bicycling Magazine on this analysis. While the bike sharing program has been great  (it made bicycling more accessible and put more bikes on the road) it was only one part of Chicago's continued ascendency in best biking cities. To me the two factors that lead to a Chicago being such a strong city for bicycling is that 1) there is a strong culture of bicycling and 2) the City of Chicago itself has made a substantial commitment to making the city accessible by bike. These two factors combine to make a recipe for Chicago being so great for biking.

But as with many successes, there is a downside. The increase in the number of bicyclists on Chicago's roadways has also led to an increase in the number of injuries and fatalities from bicycling related accidents and collisions. The attorneys at Keating Law Offices have seen first hand the result of these accidents and crashes have on bicyclists and are committed to representing those injured in a bike accident or bike crash in Chicago or the surrounding suburbs.

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.

Bloomberg News Ranks Chicago 9th Best Bike-to-Work City

BloombergBusinessweek created a ranking of best bike-to-work cities in the United States by studying 2010 census data of cities with greater than 250,000 workers. Chicago ranked 9th in Bloomberg's study, a great result in my opinion given Chicago's weather extremes. As noted in the article:
"Cycling is catching on in unlikely places. Chicago -- where the mean temperature in January is 24 degrees, according to the National Weather Service -- ranked ninth in the U.S. for bike commuting, with 1.1 percent of the workforce braving Midwestern extremes."
Most of the cities ahead of Chicago are in California or the Pacific Northwest where the temperature extremes are not as severe. Given this, there is an argument that Chicago is on its way to meeting Mayor Daley's dream of being the best BIG city for bicycling in the world. Mayor Emanuel has done a commendable job of continuing this vision and prioritizing infrastructure for bikes in Chicago's budget and construction plans. The "City That Works" is becoming the "City That Bikes."

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.

Tuesday, May 22, 2012

8-Year Old Boy Killed While Riding Bike in Skokie


View Larger MapNews outlets are reporting on a tragic accident in Skokie that resulted in an 8-year old boy dying as a result of the injuries he sustained when he was struck by a vehicle that had just been in a collision with a second car. The boy was riding his bike near the intersection of St. Louis Avenue and Main Street in Skokie. According to news reports, a black Toyota Camry was traveling southbound on St. Louis and attempting to turn onto Main Street.

The Camry struck the second car and then careened into the boy who was riding his bike. The Camry then struck a third vehicle. St. Louis Avenue has stop signs at Main Street for vehicles travelling southbound. There are no stop sign in either direction for Main Street at its intersection with St. Louis in Skokie.

Based on the reports it would appear that the driver of the Camry failed to yield the right of way to the vehicles traveling on Main Street. The driver of the Camry was required to come to complete stop at the stop sign on St. Louis Avenue at Main Street and not proceed until it was safe to do so. Given that the Camry was traveling with enough speed to strike two other cars and the boy on his bicycle, it is possible that the Camry did not come to a complete stop prior to entering the intersection.

The Illinois Bicycle Lawyers at Keating Law Offices have handling numerous intersection-related cases like this that resulted in an injury or death. The bicycle accident attorneys at Keating Law Offices are currently handling another high-profile case involving a bicyclist who was injured in Skokie at Kenton and Dempster in April. Attorney Mike Keating lives near the accident scene in neighboring Evanston and is familiar with the intersection.

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 and the attorneys are available to come to your home or work to meet with you.

Friday, May 11, 2012

5 Steps to Follow After A Bicycle Accident or Collision

These are the 5 key tips that any injured bicyclist MUST follow after getting injured as a result of a bicycle accident or collision. These tips are permanently posted at www.ILBicycleLaw.com, but with riding season in full bloom, these 5 key tips are worth repeating:

1. Get Medical Attention: When in doubt, call an ambulance or go to the ER. Seemingly small injuries may be much worse than they appear.

2. Contact the Police: Call 911 if necessary and complete a police report at the scene or the police station. The police report is often a critical piece of evidence in a civil action.

3. Collect Information: Get the name, address, phone number and license plate of the driver as well as the names and phone numbers of any witnesses.

4. Collect Evidence: Get digital pictures of the scene, your bike, and your injuries. Also keep a record of the medical treatment you received and your medical recovery.

5. Get Legal Advice: Keating Law Offices provides free initial consultations with no obligation. Many cases can be resolved without going to court. It is important that you pursue your rights under the law.

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.

Recall Alert: Salsa Minimalist Bike Racks

Quality Bicycle Products, Inc. of Minnesota has issued a recall of its Salsa brand Minimalist bike racks. There have been two reports of the bike racks breaking at the mounting straps and the riders getting injured due to subsequent falls. Presumably, the falls occur when either the rack gets stuck in the back tire/wheel or a load on the rack becomes unstable.  

The key details from the United States Consumer Products Safety Commission website are as follows:

Name of Product: Salsa Minimalist bicycle racks
Units: About 1,100
Manufacturer: Salsa Cycles, a wholly-owned brand of Quality Bicycle Products Inc., of Bloomington, Minn.
 Hazard: The L-shaped mounting straps used to attach the bicycle rack to the front of the bicycle can break and cause the rack to fall while the bicycle is in use, posing a fall hazard to the rider.
Incidents/Injuries: Salsa Cycles has received two reports of bicycle racks breaking at the mounting straps, resulting in minor injuries from falls.
Description: This recall involves all Salsa Minimalist bicycle racks sold after January 2011. The racks are made of tubular aluminum with a black or silver finish, and can be installed on either the front or rear of a bicycle. The recalled bicycle racks have steel mounting brackets, identified as straps, with a single hole in the center used to mount the strap to the bicycle fork. "Salsa" is printed on the side of the bicycle rack.


Keating Law Offices has significant experience and success with product liability cases and injuries resulting from bike usage. In Illinois 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. Obviously, if would be reasonably foreseeable for a rider to expect a bike pedal to not break so any injury that occurred could be the basis for a claim against the manufacturer.

The attorneys at Keating Law Offices have handled numerous product liability cases. Earlier this year the firm settled a significant product liability case for a rider who suffered a severe injury when the fork on her mountain bike failed while landing a jump. The specifics of the case and the terms of that settlement are confidential pursuant to the settlement agreement.

 If you have any questions regarding this post or an issue involving a bicycle accident 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.

"The Old Double Switch": Bicyclist "Steals" Back Own bike

MSNBC has posted an interesting article on a Washington D.C. Bicyclist, Danny Lesh, who "stole" back his own Cannondale bike. The bicyclist found his stolen bike posted on Craiglist and called the alleged thief and asked to meet about buying the bike back. When meeting with the alleged thief, Lesh asked to take it for a test ride. Justice was then served when Lesh rode off in possession of his own bike. When the alleged thief called to complain, Lesh simply told him that he was out of luck. You can find the MSNBC article here. Chicago bicyclists will recognize a very familiar t-shirt that Lesh is riding in the photo and video accompanying the article.

Keating Law Offices does not handle cases involving stolen bicycles. If you bicycle has been stolen you should contact your local police department and report it missing. You should also list your stolen bike with the Chicago Stolen Bike Registry.

Keating Law Offices has successfully represented numerous Illinois bicyclists who have been injured in a bicycle accident or bicycle crash while riding. If you have any questions regarding this post or an issue involving a bicycle accident or 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.

Monday, May 7, 2012

Keating Law Offices Retained to Represent Injured Hyde Park Bicyclist

The Illinois Bicycle Law trial attorneys at Keating Law Offices have been retained to represent a Hyde Park man who was injured while riding his bike in the Hyde Park neighborhood on Chicago's South Side.

The bicyclist was injured when he was struck by a motorist on May 1st while riding at 55th and Lake Park on the South Side. This neighborhood has a large number of bicyclists primarily due to its proximity to the University of Chicago's main campus. In addition, the neighborhood is close to the lakefront path and the Museum of Science and Industry. Most recently, the neighborhood's fame has increased due to its proximity to the home of President Barack Obama.

The client is a native of Hyde Park and was struck only blocks from his home while on his way to work. He was taken from the scene by ambulance to the University of Chicago Hospital where he was treated and released. The bicyclist now faces follow-up medical treatment. Based on Keating Law Offices' review of the Illinois Motorist Report, it appears the investigating Chicago Police Officer concluded that the motorist was responsible for the collision. Keating Law Offices has already ordered an official copy of the police report, the ambulance report, and the medical records from University of Chicago Hospital. The firm has also contacted GEICO insurance company which insures the offending motorist.

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.

Saturday, May 5, 2012

Keating Law Offices Retained to Represent Severely Injured Skokie Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices have been retained by a Skokie man to represent him for the severe injuries he sustained in a motor vehicle vs. bicycle collision. The collision occurred on April 19, 2012 at the "T" intersection of Dempster Street and Kenton Avenue in Skokie, Illinois. At this intersection a "T" is formed where Kenton stops and does not connect through Dempster. Dempster is a four lane major roadway at this intersection and does not have stop signs at Kenton.

The bicyclist was struck by the driver of a 2006 Buick when the driver did not yield the right of way to the bicyclist at the "T" intersection. The driver came to Dempster while traveling southbound on Kenton. The bicyclist was travelling eastbound on Dempster which does not have a stop sign at Kenton. The Illinois Rules of the Road required the motorist to stop at the stop sign and yield to all traffic (including bicycles) as well as pedestrians. The driver was issued a citation by the Skokie Police Department for his failures.

As a result of the collision the bicyclist suffered a massive injury to his left leg. The client has been bedridden since the collision on April 19th. This injury required an open-reduction and internal fixation (ORIF) surgery. This is a procedure where an orthopedic surgeon implants surgical hardware, typically a plate and screws, into the bone of the injured person in an effort to restabilize the leg. This is a very serious surgery that will require extensive rehabilitation and may result in a permanent disability.

Within 24 hours of being retained by the injured bicyclist, the Illinois Bicycle Law attorneys at Keating Law Offices were able to conduct an extensive investigation of this collision. If you have any knowledge of this incident please contact Keating Law Offices. 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.

Thursday, May 3, 2012

Logan Square Bicyclist's Case Settled for Insurance Policy Limits

Keating Law Offices has secured a settlement for a Chicago bicyclist who was injured after being struck by a car in the Logan Square neighborhood on July 6, 2011. The collision occurred near the intersection of Wrightwood and Pulaski.  The bicyclist was riding eastbound on Wrightwood when he was hit from behind by a motor vehicle.  As a result of the collision, the cyclist was thrown to the ground and suffered severe injuries, most significantly a broken arm that required an open reduction internal fixation surgery where a plate and screws were implanted in his arm.  
As soon as Keating Law Offices was retained the firm immediately began to investigate and prepare our client’s case. Our attorneys assisted our client in his appearance at traffic court where, faced with a prepared client, the offending motorist plead guilty to the traffic ticket she received. The motorist plead guilty to violating Section 9-40-160 of the Chicago Municipal Code, which states that “every driver shall exercise due care to avoid colliding with any pedestrian or person operating a bicycle.”  Our attorneys were then able to use this plea as part of our pre-trial negotiation strategy and managed to obtain a successful settlement for the cyclist.  In this case, the insurance company paid out the entire limits of the motorist’s insurance policy.
Although the attorneys at Keating Law Offices were able to negotiate a successful settlement for our client, this case is a sobering reminder of the dangers facing Chicago’s bicyclists.  After hitting the cyclist, the driver of the car told the responding officer that she simply “did not see him.”  This should serve as a powerful warning for motorists and bicyclists alike.  Motorists must “think bike,” and always keep an eye out for cyclists.  Bicyclists should use lights and refelctors and even use protective equipment to minimize the risk of injuries in a collision.  
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.