The Importance of Attending Traffic Court to Testify

Yesterday I accompanied my client to traffic court at the Daley Center to support him in testifying against the driver that hit the client while he was riding his bike in April. The driver, who we allege caused the bicycle accident earlier this spring at the intersection of Roosevelt and Canal in Chicago, was ticketed at the scene.

Fast forward a couple of months and the traffic court hearing for the traffic ticket issued to the driver was set for yesterday. The case where the municipality (city) or state prosecute a driver for a ticket for a violation of a Rule of the Road that result in a bike accident is essentially a criminal matter. While we often don't think of a person that gets a traffic ticket as a "criminal," the bottom line is there was a law in place and they broke it. While often there isn't any criminal intent like we find in more severe crimes, the point is that it is a relatively serious matter.

This is the first reason I encourage all of my clients to attend traffic court and be available as a "complaining witness." As a lawyer that handles a lot of civil cases stemming from bicycle accidents, I think it is very important that these cases be prosecuted to the fullest extent of the law. The fact of the matter is in a busy traffic courtroom, if the police officer or complaining witness aren't available, the case is usually dismissed.

The second reason I encourage my clients to attend traffic court is that by their being there the offending driver may realize that there is a strong case against them and choose to plead guilty. In this event, as the attorney in the civil case for the bicyclist's personal injuries sustained in the accident, I can use the guilty plea in the criminal case as an admission of guilt. Contrarily if the criminal case is dismissed or even if the offending driver is found guilty, those results in the criminal case can't be used in the personal injury case against the driver.

The bottom line is that I view the relationship with my clients in someways as a "team." I'm there to support my clients in any way I can to help them deal with the aftermath of getting injured in a bike accident because of some driver's mistake. Whether its assisting in the criminal case or doing everything I can in the civil case, I always "push" the 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.

Chicago's Bike to Work Week Rally a Huge Success

It was great to see so many riders out at Daley Plaza for Chicago's Bike to Work Week. Fortunately it was a beautiful summer morning and the turnout was great. Also great was seeing so many friends from Chicago's bicycling community.

I was there saying hi and handing out stickers and patches for the Chicago Bicycling Flag. If I missed you, just send us an email with your name and address and we can send some out to you. Ride Safe!

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.

The Illinois Bicycle Lawyers at Keating Law Offices are a leading firm of trial lawyers that devote a significant portion of their practice to representing victims of bicycle accidents in Chicago and throughout Illinois. Attorney Michael Keating was recently named to Chicago and SuperLawyers magazines list of "Rising Stars" and was named by the National Trial Lawyers Association as one of the top young lawyers in all of Illinois. He is also a member of the Illinois Trial Lawyers legislative committee.

The "RedEye's" Tips on How to "Bike to Work Without Dying"

With Bike to Work Week upon us, it is important to remember that the summer months are the most dangerous biking months in the City of Chicago. Summer is when the most number of Chicagoans take to their bikes to avoid congested city streets and packed, smelly CTA buses and trains during their commute to work. With these facts in mind, the Red Eye recently published an article with a number of important safety recommendations for bicyclists.

The Red Eye article is full of safety tips (if not a safe title), from advising bicyclists to stay away from the lakefront due to the potential of dazed tourists wandering into your path to lubricating your bike’s gears to reduce the risk of catastrophic break down. The article also includes tricks to arrive at work presentable after a long bike commute on a hot summer day. Thanks again to the Red Eye for its continued interest in Chicago's bicycling community.

Always remember that the best safety tip of all is to "keep your head on a swivel" and be mindful of everyone and everything around you. The old cliche is true: an ounce of prevention is worth a pound of cure.

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

20 Worst Intersections for Traffic Collisions in Chicagoland

As a bicycle accident attorney in Illinois I have handled cases throughout the state of Illinois. Due to the concentration of people in Chicagoland however, most bike accidents happen where the most people live and work. A large number of people in an area is called "density" by sociologists. It has been my experience that more than just density plays a role in collisions. Other factors are the layout of the area, traffic patterns, and traffic control devices like stop lights.

The Chicago Sun-Times published an article listing the twenty most dangerous intersections in the Greater Chicago Area. The ranking was based on the total number of crashes in 2010. Note that these statistics mainly reflect accidents involving only motor vehicles. You'll also note that most of these are in the suburbs as opposed to the City of Chicago proper. Only 4 of the 20 (20%) most dangerous intersections are located in Chicago itself. I think this reflects my theory that more than density plays a role in collisions.

This is why I am such an advocate for bike lanes, protected bike lanes, and signage. These "traffic control devices" are often little more than paint on the ground or a metal sign, but the impact in reminding motorists to watch for bicyclists is extremely beneficial. As a Chicago, Illinois bike attorney, I shudder to think of Halsted Street or Roosevelt Road without the painted bike lanes. Even with the bike lanes there are lots of bike accidents on those streets, without the bike lanes I think it could border on mayhem.

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

How (and Why) Mike Keating Became a "Bike Lawyer"

Attorney Mike Keating

I'm often asked how I became a trial lawyer that represents people injured in bicycle accidents. My answer is that I was obsessed with bikes long before I was ever a lawyer. Bikes have been a constant in my entire life and that just continued into my career as a trial lawyer. To this day I still ride one of my bikes almost every day. The picture to the left is me on my commuter bike that I ride to the Metra train in Evanston every work day.

When I started my career as a trial lawyer I noticed a trend of clients who were injured in bicycle accidents that other attorneys didn't want to handle. These other attorneys didn't want the cases for the same reason a lot of people are unfortunately prejudiced against bicycles; they didn't think cars should share the road with bikes. However, I had two advantages as a trial lawyer that these other lawyers didn't have.

The first advantage was I had ridden all my life and still rode. I rode to class throughout law school at DePaul and typically rode to work in the Loop. I knew first hand what it was like to ride in Chicago. I knew the feeling and sensation of riding in rush hour when all your senses are alert. I understood the "flow" of traffic. And I knew the adrenaline rush that surges when an accident seems imminent. These experiences gave me valuable insight into the cases for my clients who were injured in a bike accident.

The second advantage was when I started as a trial lawyer I had just finished working in Springfield as the Assistant Counsel to the Illinois House of Representatives. During this time I learned the inner workings of the legislative process and had a chance to delve into all of the Illinois statutes regarding bikes. And I mean ALL of them. I would personally call about any bill that I thought was good for Illinois' burgeoning pro-bicycle agenda. Those days were long and the nights were longer, but it was there I learned how a clear, reasonable message could gain traction and even the smallest changes to transportation law could lead to big changes for bicyclists in Illinois. 

Soon thereafter I began working as a trial attorney at a prestigious personal injury firm in Chicago. This is when I had the chance to put what I knew from riding my entire life and my stint in Springfield to work. Armed with a unique combination of an intricate knowledge of transportation law and policy and the chance to work as a trial attorney I truly was able to "fight" for my clients. By then I also had the experience to volunteer my services as a pro bono lobbyist for bicycle advocacy groups in Illinois.

Not long after I started practicing as a trial lawyer, word spread that I was a "go to" guy for bike accident cases. Soon after that I launched www.IllinoisBicycleLaw.com. It has been a sincere privilege and an honor to have seen the influence of this blog grow and to have a positive impact on people's lives. The best part of it all is that I am more engaged and passionate than ever about bikes and bicycling advocacy. And now that I've seen that my two-year old daughter (pictured above) has her "Dada's" love of wheels and motion in her D.N.A., I'm reminded that my work trying to make Illinois safer for bikes is well worth it.

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The Illinois Bicycle Lawyers at Keating Law Offices are a leading firm of trial lawyers that devote a significant portion of their practice to representing victims of bicycle accidents. Attorney Michael Keating was recently named to Chicago and SuperLawyers magazines list of "Rising Stars" and was named by the National Trial Lawyers Association as one of the top young lawyers in all of Illinois. He is also a member of the Illinois Trial Lawyers legislative committee.

If you have any questions regarding this post, please contact the Illinois Bicycle Attorneys 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 legal consultations are confidential and free.

UPDATED 5 Key Steps to Follow After a Bicycle Accident

The Illinois Bicycle Lawyers at Keating Law Offices devote a substantial part of their practice to representing victims of bicycle accidents. One of the first things the firm’s attorneys do when they are contacted by a client who was in a bicycle accident is to try and find out as much information as they can about the case. 

In the years Keating Law Offices has been handling personal injury cases from bicycle accidents, there are five key tips that an injured bicyclist MUST follow after getting injured as a result of a bicycle accident. This is an expanded checklist from ones we've posted before on www.IllinoisBicycleLaw.com. These 5 Steps to Follow If You Are Injured in A Bicycle Accident are as follows:

1. Get Medical Attention: What may seem like an obvious thing, unfortunately often isn’t. Many bicyclists are strong willed, independent, tough people. This often leads to a mistaken belief that they can “shake off” an injury or will “heal on their own.” This isn’t always the case, and there’s a reason doctors go to medical school. Seemingly small injuries from a bicycle accident may be much worse than they appear. When in doubt, call an ambulance or go to the ER and get checked out. Remember that your well being is more important than anything else.

2. Contact the Police: Call 911 if necessary and complete a police report at the scene or the police station. In Illinois the police will usually give you an “Illinois Motorist Report.” It is a white piece of paper with red ink (a picture of one is at the top-left of this post). Even thought a bicycle is obviously not motorized, this is the document that is routinely used involving any vehicle collision or crash. Follow the instructions on the document and complete it as best you can. The police report is often a critical piece of evidence in a civil action stemming from a bike accident. Contact the Illinois Bicycle Lawyers at Keating Law Offices if you have any questions about this process.

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 to the bike accident. Be aware that in Chicago many drivers can be tricky and know to give fake names and bad phone numbers. So get as much information as possible.

4. Collect Evidence: Get digital pictures of the scene, your bike, the license plate on your car and your injuries. In this day and age of cell phones equipped with very good digital cameras there is no reason not to substantially photograph as much evidence as possible. Also keep a record of the medical treatment you received and your medical recovery. A good idea is to get a large envelope or folder and throw all your medical information in there. That way you’ll know where the medical documents are when you need them.

5. Get Legal Advice: Keating Law Offices provides free initial consultations with no obligation. In some instances the firm will even provide a case investigation of the bicycle accident at no cost to the client at the onset of the case. Many cases can be resolved without going to court. It is important that you pursue your rights under the law. There are never any legal fees owed to Keating Law Offices unless the firm successfully resolves the case through settlement or trial.

If you have any questions regarding this post, a bicycle accident, 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.

Can You Be "Taxed" for Getting in a Bike Accident?

MSNBC.com has an interesting story an accident "tax" that has a local angle. Many town and cities throughout the United States have started to bill for non-essential emergency services for an accident. The most common example is a bill being issued for a fire truck that responds to an accident scene. The issue with this is that a fire truck, when there isn't a fire, is not a "core service" like an ambulance or police car.

The story highlights an incident in Chicago Heights, Illinois where a man was rear ended at a red light while on his motor scooter. Chicago Heights issued him a bill for the fire truck. Even though the other driver was at fault, the at-fault driver's insurance company refused to pay the bill and the driver of the motor scooter was essentially "taxed" by Chicago Heights for being a victim of an accident.

The Illinois Bicycle Lawyers at Keating Law Offices are familiar with many medical providers trying to "cash in" on an injured person's case by billing the auto insurance company instead of the injured person's medical insurance. What is disturbing about this trend of billing for a responding vehicle is that fire, police, and other emergency responders are the kind of services citizens should reasonably expect. It is not reasonable to get a bill for police responding to a crime scene or a fire truck responding to a fire, so just because it is a bicycle accident or other kind of accident doesn't mean that it is fair. And that's why it is fair to classify this as a "tax" on an accident. Talk about adding insult to 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. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Homewood to Increase the Number of Bike Paths

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According to news reports, South Suburban Homewood is taking advantage of an IDOT initiative to increase the number of bike paths and other bike-related infrastructure in the suburb. Homewood will paint bicycle lanes on the streets most often used by bike riders. This includes portions of Ridge Road and Dixie Highway, along with Harwood and Ashland Avenues. Homewood will also install just over 75 route markers on other high-traffic areas, including portions of Dixie Highway, Center Road and 187th Street. In addition 50 bicycle racks will be installed at area schools, shopping areas and parks.

Homewood should be commended for its forward-thinking commitment to increasing its bicycle infrastructure. Bike lanes and route signs alone help not only make biking more accessible, but safer as the lanes and signs act as reminders to motorists that bicyclists may be present. In addition, this kind of infrastructure help a bicycling culture flourish. Ideally this combination leads to few bike accidents and crashes.

Keating Law Offices represents clients who have been in a bicycle accident. As bicycle accident lawyers in Illinois we have helped many clients throughout the south 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.

Carol Marin Admits to Dooring Biker

Veteran Chicago journalist Carol Marin admitted in a Sun-Times editorial that she was guilty of dooring a biker in Chicago. This event came up in a May 22nd article in the paper about the varying levels of safety that exist in the City for motorists, bicyclists, and pedestrians and the number of accidents and crashes that occur in the City. The Sun-Times columnist and television personality recounted the dooring as follows:

"Full disclosure here: I was involved in (a bicycle crash) earlier this year when I opened my car door at Starbucks and a poor biker crashed into it. I am now glued to my side-view mirror."

Ms. Marin uses some very careful language here about being "involved" and the victim being "a poor biker" who "crashed into her door." Based on a plain-language reading of this, it might be equally fair to say that Ms. Marin caused a bicycle accident when she violated the Chicago Municipal Code and swung her door open directly into the path of an oncoming bicyclist who could not stop in time or avoid the door. Section 9-80-035 of the Chicago Municipal Code covers "doorings":

Opening and closing vehicle doors

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

Ms. Marin doesn't mention if she got a ticket, but if she did this offense could result in a fine of $500.00 for causing a collision with a bicyclist. As Ms. Marin mentions in her article there were over 1600 reported collision between bicycles and cars in Chicago in 2010. And this is just the reported crashes. Ms. Marin certainly deserves credit for her candor and learning from her mistake. The journalist says she is now "glued to her side-view mirrror." Hopefully more motorists learn from their mistakes and from Ms. Marin's example and the City That Works can work for more bicyclists without bicycle accidents or bicycle crashes.

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. The firm provides free case evaluations with no obligation.