Keating Law Offices Settles Case for South Loop Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices have secured another settlement on behalf of a Chicago bicyclist who was injured when he was struck by a vehicle on April 15, 2012. The injured Chicago bicyclist was riding westbound in the designated bike lane on West Roosevelt Road near its intersection with South Canal Street.

The evidence in the case showed  that the driver, who was traveling eastbound on Roosevelt Road, attempted to make a illegal left turn into a parking lot and struck the bicyclist. The left turn was in direct violation of a "NO LEFT TURN" sign posted at the location of the bicycle accident.

As a result of the collision, the bicyclist was thrown off his bike to the street face first.  Although the Chicago bicyclist was wearing a helmet, he sustained numerous abrasions to the right side of his face. The bicyclist also sustained a left knee injury which caused him to experience pain for weeks following the crash.

The driver was issued a traffic violation by the responding police officers for violating Section 9-16-050(b) of the Municipal Code of Chicago, which states that "whenever official signs are erected indicating that no right or left turn or turn in the opposite direction is permitted, no driver of a vehicle shall disobey the direction of any such sign.”

The Illinois Bicycle Attorneys were able to use the citation as part of the pre-trial negotiation strategy and managed to obtain a successful settlement for the Chicago bicyclist. As part of the settlement, the bicyclist was compensated for the value of his Cannondale road bike that was totaled in the crash.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 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.

Tikit Folding Bicycles Recalled Over Defective Handlebar Stems

Bike Friday of Eugene, Oregon and the U.S. Consumer Products Safety Commission have announced a recall of all of Bike Friday’s “tikit” line of folding bicycles. This recall affects all tikit brand folding bicycles manufactured before October 12, 2012. 

Over 3,800 tikit bicycles have been sold since 2007. The tikit bicycles are primarily used as commuter bikes and are sold under a variety of model names including the “Model T tikit,” “One Way tikit,” and “Infinity tikit.” The bicycles all have 16” wheels and come in a variety of colors.  The affected bicycles were sold both directly to customers and by Bike Friendly dealers across the country.

According to the CPSC, cracks have caused the handlebar stems of at least six tikit model bicycles to break. These breaks have resulted in injuries to riders in bicycle accidents including a head laceration, bruising and scrapes. According to updates from the company website, owners of tikit bicycles with cracks in the handlebar stem have reported feeling a loosening of the stem, noticing a change in how the bike feels while riding, or hearing creaking noises from the stem.

Bike Friday has asked all users of its tikit folding bicycles to immediately inspect their bicycles or them to a dealer for inspection. The company has warned that:

“… we continue to strongly recommend that you do not ride your Bike Friday tikit no matter what results you might have found in personally inspecting your bike. We just don't know the reliability of the stems we produced. You are at risk if you ride your tikit.”

In Illinois, a cyclist may bring a claim against the manufacturer or seller of a bicycle or bicycle component that is unreasonably dangerous when the flaw in the bicycle results in an injury. A crack in the handlebar stem of a bicycle can cause the handlebar stem fail to break off. A stem break that occurs while riding is extremely dangerous and can cause the complete loss of control of the bicycle and for the rider to fall and crash.

The attorneys at Keating Law Offices have experience representing clients in product liability cases. The Illinois Bicycle Lawyers recently settled a case for a rider who suffered a severe injury when the fork on her mountain bike failed while she was riding.

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.

71-Year Old Bicyclist Killed in Rear End Bike Accident

The State Journal-Register is reporting that 71-year old Grover Everett was killed when a 22-year old motorist drifted off of the roadway and onto the shoulder where Mr. Grover was riding. This tragic bicycle accident occurred downstate on State Highway 104 just west of Auburn, Illinois. Auburn is located southwest of Springfield near I-55. 

Mr. Everett was an epic bicyclist. According to the State Journal-Register article, the retired corrections officer planned to log 20,000 miles on his bicycle this year and in past years rode as many as 18,000 miles. In 1989 Mr. Everett rode 3,357 miles from Seattle to Atlantic City as part of the TransAmerica Bicycle Trek. 

The motorist received a ticket for improper lane usage. Section 11-709 of the Illinois Rules of the Road controls "proper" lane usage. The statute is as follows:

 (625 ILCS 5/11-709) (from Ch. 95 1/2, par. 11-709)
    Sec. 11-709. Driving on roadways laned for traffic. Whenever any roadway has been divided into 2 or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply.
    (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

Obviously, the ticketed motorist did not drive within the lane and moved from the lane when it was clearly unsafe to do so. This appears to be a particularly senseless bicycle accident. Mr. Everett was reportedly riding on the shoulder of Highway 104. I rode on this highway when I lived in Springfield and it is wide and not particularly busy. Given this, it appears that the motorist neglected Mr. Everett altogether and let his vehicle veer onto the shoulder. At this time no further details have been reported. I would expect there to be a major accident investigation by the Illinois State Police. 

This is a very sad story that involves two extremes. The first extreme is the fact that this bicycle accident was totally avoidable. The second extreme is the remarkable life lived by Mr. Everett and his commitment to bicycling. My thoughts and prayers are with his family. 

If you have any questions regarding this post, 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.

Naperville Competitive Cyclist Struck Standing At A Red Light

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One of the scariest things about riding in the Chicagoland area is that no matter how careful you are as a cyclist, sometimes there are things outside of your control. This dynamic has never been more true than on October 10th when a Naperville bicyclist was struck while standing at a red light. The bike accident occurred early that morning just outside of Naperville North High School.

Just prior to the bike accident, the bicyclist was travelling on Mill Street and was stopped at a red light on Ogden Avenue, a main street that runs from Chicago through the western suburbs. While the bicyclist was stopped at the red light, a motor vehicle collision was unfolding. One driver was travelling west on Ogden Avenue and waiting for traffic to clear before making her turn southbound onto Mill Street. At the same time an eastbound driver was proceeding through the intersection of Ogden and Mill. The westbound driver from Ogden did not yield and turned in front of the eastbound driver. Simultaneously, the eastbound driver did not stop prior to impact. The collision of the two vehicles sent the eastbound driver's car careening into the bicyclist.

The left-turning westbound motorist was ticketed for failure to yield the right of way. Yesterday, the motorist plead guilty to the ticket. The attorneys from Keating Law Offices were at the traffic court to assist the bicyclist who retained the firm to represent him in this matter. The bicyclist, an experienced and successful competitive rider, was thrown from his bike and his head hit the curb. The bicyclist suffered massive dental injuries that required oral surgery among other injuries.

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 Police Officer Doors Bicyclist Near Little Italy

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Chicago bicyclist who sustained multiple serious injuries after being "doored" by a Chicago Police Officer. The bike accident occurred on November 1, 2012 in the Illinois Medical District on the very edge of Little Italy.  The female bicyclist was traveling eastbound on Taylor Street in the designated bike lane when a Chicago Police Officer suddenly opened the driver's side door of his vehicle directly into the path of the bicyclist.

The bicyclist was then struck with the door of the police vehicle and was thrown to the pavement headfirst. As a result of the dooring, the bicyclist was transported via ambulance to a local emergency room. Among other injuries, the bicyclist sustained a spinal injury at C-3 of her vertebrae, a concussion, and a severe laceration to her head that required stitches.

In suddenly opening the police vehicle's door into the path of the designated bike lane, the police officer violated Section 9-80-035 of the Municipal Code of Chicago. Section 9-80-035 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."

Thus, we allege that the police officer is responsible for causing the crash. It should be pointed out that Section 2-202  of the Tort Immunity Act insulates police officers from liability for acts "in the execution or enforcement of any law."  However, Illinois courts have consistently held that the Tort Immunity Act does not protect police officers from liability for accidents which occur during routine patrol. Therefore, the police officer is most likely not protected by the Tort Immunity Act because he was not responding to an emergency at the time he doored the bicyclist.

The Tort Immunity Act often creates a difficult barrier in asserting a claim against public employees. The Illinois Bicycle Lawyers at Keating Law Offices have successfully resolved dozens of cases in which a public employee has attempted to assert the Tort Immunity Act as a defense. 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.

Taxi Causes Bike Accident When It Clips Bicyclist in West Loop

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Chicago bicyclist who was struck by a taxi. The bike accident occurred on the morning of October 26, 2012 in the West Loop.

The bicyclist was traveling westbound on Adams Street near its intersection with Jefferson Street. At the same time a taxi approached the bicyclist from behind and clipped the back wheel of the bike. The impact caused the bicyclist to be thrown from his bike to the street. The bicyclist was transported from the scene of the bike accident to a local emergency room due to multiple injuries he sustained in the bicycle accident.

In causing this bicycle accident, we allege that the taxi driver clearly violated Section 9-40-160 of the Municipal Code of Chicago. Section 9-40-160 provides:

"Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway."

Keating Law Offices has already contacted the insurance company for the cab driver and cab company responsible for this bicycle accident. As a part of prosecuting this claim, the Illinois Bicycle Lawyers will be seeking compensation for all of the bicyclist's personal injuries, including pain and suffering, disability, lost wages, and medical bills. 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) 239-6787 (Office) or (312) 208-7702 (24/7) or MKeating@KeatingLegal.com.

All e-mails and phone care are returned promptly. Initial consultations are confidential and free.

Can You Bike With Headphones in Illinois?

Last week, Josh Levin, the Senior Editor at Slate Magazine called me regarding an article he was writing about bike riding while wearing headphones. Josh had a very simple question: Is it legal to ride one's bicycle in Illinois while wearing headphones? The answer to that simple question, however, is complex and can only be answered as follows: Technically you can legally ride your bike in Illinois while wearing headphones, but you shouldn't.

Here's why I give such a convoluted answer to a seemingly simple questions. Section 12-610 of the Illinois Vehicle Code clearly states that the driver of a motor vehicle may not wear headset receivers while driving. The plain language of the statute, therefore, only addresses the driver of a motor vehicle and it does not pertain to a bicyclist. There may be an argument that since a bicycle has the duty to adhere to all rules of the road that this statute of headphones also applies, but the statutory construction of this law is very clear. If the legislature wanted the law to also address bicycles then they would have/should have included bicycles. The legislature didn't so a fair interpretation is that the intention was only to address operators of motor vehicles.

Nonetheless, the Illinois Department of Transportation has published a "Safe Bicycling in Illinois" booklet that is conveniently available online in PDF form. Page 14 of the booklet offers the simple advice for Headphones: "Don't wear them! As a bicyclist in traffic, you can hear more of what's going on around you than motorists can. In fact, people you share the road with expect you to hear their engines, horns, or shouted warnings. If you wear headphones you might not hear something that can help you avoid a crash." IDOT's publication doesn't have the force of law, but it does reflect that the state recognizes the risk that comes with riding while listening to headphones.

I completely agree with IDOT's position. As not only an attorney that represents victims of bicycle accidents, but also a regular bicyclist, I know the importance of having all of your senses attuned to your surroundings. It's always nice to listen to some music or news, but when riding your bike it's better to leave the headphones off and focus on your ride. The risk of getting into a bicycle accident because you were listening to your headphones is not worth the minor reward of some extra entertainment.

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.

Keating Law Offices Conducts Free Legal Fair at Englewood Church

On Sunday, November 4th, the law firm of Keating Law Offices, P.C. conducted a free legal fair at the Original Holy Ark M.B. Church in Chicago's Englewood neighborhood at 63rd and Morgan. The event was sponsored by the Geneva Scott Outreach Services and done with the assistance of Dr. Sammy Davis and the Rev. Michael A. Simmons of the church. Attorneys from Keating Law Offices addressed the congregation and participated in free legal counseling sessions with dozens of church members and other members of the local community.

"We are very honored that of all the law firms in Chicago that Ms. Scott, Pastor Davis and Rev. Simmons chose Keating Law Offices to participate in this event. It was a privilege to meet so many members of the church and to have an opportunity to assist them with their legal needs. The citizens of the Englewood neighborhood often do not receive the support and structure that they need and it was an opportunity to help bridge this gap and provide some free legal counseling." 

Keating Law Offices is a Chicago-based firm of trial attorneys that focuses its practice on personal injury, wrongful death, medical malpractice, and nursing home negligence cases. The firm may be found on the web at www.KeatingLegal.com or by phone at 312-239-6787.

Keating Law Offices Retained to Represent Victim of "Hit-and-Run" in Jefferson Park

The SUV involved was a dark blue or black Toyota

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The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a bicyclist who was a victim of a hit-and-run on August 7, 2012 at approximately 4:41 p.m. The bicycle accident occurred in Chicago at the intersection of Milwaukee and Giddings in the Jefferson Park neighborhood. We are seeking any and all help locating the person or persons responsible.

According to 911 reports acquired as a part of the investigation, vehicles had pulled over to the right on Giddings to let a fire truck pass on its way to an emergency. However, instead of yielding, the driver of a dark-colored navy blue or black Toyota SUV took advantage of the situation and tried to "whip around" all of the stopped cars and blew through the stop sign on Giddings at Milwaukee. The Toyota SUV then directly struck the bicyclist in the intersection of Giddings and Milwaukee Avenue as the bicyclist proceeded down Milwaukee. As a result of this collision, the passenger side window of the Toyota SUV was broken. The Toyota SUV then fled east on Lawrence.

The driver of the Toyota SUV was a male wearing a green shirt. If you have any information regarding this incident, please contact the Chicago Police Department or Keating Law Offices. The bicyclist, a college student from Massachusetts,  suffered massive injuries including deep lacerations to his face that required reconstructive surgery. The attorneys at Keating Law Offices have worked with the Chicago Police Department to re-open the investigation as a part of the firm's complete investigation and pursuit of this claim.

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.

Keating Law Offices Settles Lawsuit For Bicyclist Struck in Protected Bike Lane

Keating Law Offices has successfully settled a lawsuit for a Chicago bicyclist who sustained significant injuries while riding in the new protected bike lane on Kinzie Street in Chicago, Illinois. The case was settled within one month of the filing of the lawsuit and stands as an example of Keating Law Offices' unwavering commitment to vigorously prosecuting cases on behalf of injured bicyclists.

The bicycle accident occurred last November on Kinzie Street just north of the Merchandise Mart. The lawsuit alleged that the bicyclist was riding eastbound in the designated bike lane on Kinzie Street when the defendant erratically drove his SUV into the bike lane. The bicyclist tried to swerve his bicycle to avoid colliding with the SUV and crashed into a concrete wall. As a result of the bicycle accident, the bicyclist sustained a fractured collarbone that required extensive medical care.

The lawsuit alleged that the driver violated Sections 9-40-060 and 9-16-020 of the City of Chicago Municipal Code. Section 9-40-060 provides:

The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane

Section 9-16-020 of the Code provides in part:

When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.

Keating Law Offices filed the lawsuit when the motorist's insurance company failed to offer adequate compensation to the bicyclist. The Illinois Bicycle Lawyers at Keating Law Offices then successfully persuaded the insurance company to agree to a settlement that allowed the bicyclist to be adequately compensated for his medical bills, pain and suffering, and disability while he recuperated. Pursuant to the settlement agreement, the specific terms and conditions of the settlement are confidential.

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.

Chicago Bicyclist Killed in Noble Square in "Right Hook" Accident

The Chicago Tribune is reporting of another bicycle accident that tragically resulted in the death of the bicyclist. The bicyclist died after being struck by a truck in the Noble Square neighborhood on Wednesday. According the Chicago Police News Affairs Officer John Mirabelli, the fatal accident occurred at the intersection of Ashland Avenue and Augusta Boulevard. Mirabelli stated the truck and the bicyclist were traveling westbound on Augusta Boulevard when the truck driver attempted to make a right turn onto Ashland Avenue and struck the bicyclist. The driver of the truck, Danny Darling, 47, of Michigan City, Indiana, was ticketed for making an improper right turn.
This is known as a “right hook” bicycle accident. Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles. The ordinance states:

“When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.”  

Thus, the driver of the truck could be held liable for causing the death of the bicyclist. Keating Law Offices has represented numerous bicyclists that have been injured in similar “right hook” 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.