On December 31, 2012, Keating Law
Offices' attorney Michael Keating filed a lawsuit
against the driver of a Toyota SUV who is alleged to have struck a
bicyclist at the intersection of Grand Avenue and Halsted Street in
Chicago. The lawsuit was filed in the Circuit Court of Cook County,
Illinois after the insurance provider for the driver denied the
bicyclist's claim for damages. The bicyclist victim is seeking to
recover for both the physical injuries he received in the collision and
for the damage to his bike.
The
incident occurred on February 24, 2011 as the bicyclist was traveling
westbound on Grand. The bicyclist had the right of way and was
attempting to cross through the 6-way intersection of
Grand/Halstead/Milwaukee. The defendant driver was traveling east on
Grand and planning to make a left-hand turn onto northbound Halsted.
According to the police report taken at the scene, the driver "admitted"
to not seeing the bicyclist either approaching or in the intersection.
The driver allegedly made a left turn directly in front of the
bicyclist. The driver's abrupt "left hook" gave the bicyclist no time to
react and he collided with the rear bumper of the SUV. The lawsuit
further alleges that the driver's failure to yield to the bicyclist at
the intersection caused the collision and resulting injuries to the
bicyclist.
Under
Illinois law, the driver of any vehicle that is waiting to turn left at
an intersection is required to yield to any vehicle approaching from
the opposite direction if the approaching vehicle makes completing the
left turn hazardous. (625 ILCS 5/11-902). As we have previously covered
in the Illinois Bicycle Law blog, Chicago has enacted laws that provide
additional protections to bicyclists by specifically stating that a car
driver waiting to make a left turn at an intersection must yield to any
approaching bicyclists. (Chicago Municipal Code Section 9-16-020(e)).
Here,
the lawsuit alleges that by failing to yield to the approaching
bicyclist, the driver of the SUV violated both Chicago and Illinois
state laws and is liable for the damages incurred by the bicyclist. The
Illinois Bicycle Lawyers at Keating Law Offices have previously won favorable settlements for bicyclists injured by drivers
who have failed to yield as required by law. Our firm's experienced
attorneys are passionate about protecting the rights of all bicyclists.
Were are here to help if you have been injured while biking due to a
reckless or careless driver.
If
you have any questions regarding this post or an issue involving
Illinois personal injury law, please contact Illinois Bicycle Attorney
Mike Keating by calling 312-208-7702 or emailing him at MKeating@KeatingLegal.com,
24 hours a day, 7 days a week. All emails and phone calls are returned
promptly. All initial consultations are confidential and free.
