Can the Illinois Bike Transportation Plan Reduce the Number of Bicycle Accidents in Illinois?

This month the Illinois Department of Transportation has released the Illinois Bike Transportation Plan, a statewide initiative meant to improve bicycling in Illinois and make bicycling more accessible to residents in all areas of the state. It is the first statewide bike plan in Illinois history. Most notably, the Illinois Department of Transportation reached out to over 4,000 members of the general public for their opinions on how to improve conditions for bikers in Illinois and what areas to specifically target with their efforts.

The Illinois Department of Transportation’s research indicated that concern about traffic safety is the single most prominent barrier to bicycling. Participants indicated that they would be more comfortable bicycling if Illinois increased the construction of the bicycle infrastructure to include more separated and visible bicycle facilities, incorporating improvements such as protected bike lanes, paved shoulders and green-painted pavement that designates part of a roadway as "bikes only."

As a state, Illinois has been making efforts to become more bicycle-friendly. In fact, the League of American Bicyclists ranked Illinois as the ninth most bicycle-friendly state in the country in their last poll. This is a big jump indicating a steady increase; Illinois was ranked just 22nd in 2010, and then jumped to 11th in 2011 and 2012 before landing at 9th in 2013.

Among the goals listed for the Illinois Bike Transportation Plan are increased safety for Illinois bicyclists by building separate and visible bicycle facilities, including bicycling in driver’s education programs and state driver’s tests, and developing programs to educate all roadway users on the rules of the road and bicycle safety; a more efficient transportation system that seamlessly connects bicycling with other common modes of transportation like trains, buses and the state transportation system; and greater community interest in bicycling as a commonplace option for daily errands, school and work commutes, and recreational use.

As attorneys that concentrate our practice in representing bicyclists injured in bicycle accidents, we have strong opinions as to what can make bicycling safer. Without a doubt, from a physical standpoint protected bike lanes and even dedicated "bikes only" roadways that literally separate bicycle traffic from motor vehicle traffic are the most safe for bicyclists. The vast majority of bicycle accidents that lead to serious injury involve a collision with a motor vehicle. If the bicyclists and motorists are separated then the risk for bicycle accidents immediately decreases.

From a non-physical standpoint the State of Illinois through the Illinois Secretary of State can continue to do more to incorporate the legal rights and responsibilities of bicyclists into the education and training that motorists receive when going through drivers' education and when they are re-tested for their drivers' licenses. Education itself can help increase awareness of bicyclists, the fact that bicyclists are legally entitled to all the rights and responsibilities as any user of the roadway, and serve as a chance to remind motorists to "share the road" and to "look" for bicycles.

The Illinois Bike Transportation Plan is a promising program that looks to bring a lot of improvements to our state for bicyclists. The program is a step in the right direction and, if all of the goals are implemented, bicycling should be safer and we can hopefully see the number of bicycle accidents decrease. But there is always room for improvement when protecting bicyclists who are some of the most vulnerable users of the roadways. As a state we can always strive to do more and to be better users of our roadways.

The Illinois Bicycle Lawyers of Keating Law Offices, P.C. may be found on the internet at www.KeatingLegal.com. The firm is located at 79 West Monroe Street, Suite 1024, in Chicago, Illinois. Phone: (312) 239-6787. Email: Info@KeatingLegal.com.

Felt Bicycles Announces Recall of Triathalon Bikes Due to Potential Defect in Fork

Felt Bicycles of Irvine, California and the United States Consumer Product Safety Commission has announced a recall of many of its Triathlon Bicycle models due to a potential defect in the bicycles' forks. Specifically, the recalls are of the 2008 Felt Triathlon Bicycle Models S22 and S32 and 2010 S32, B12, B14 and B16 models. 

The steer tube on the bicycle fork can break and cause the bicyclist to lose control and crash. Felt Bicycles has received 18 reports of the bicycles breaking, including five resulting in injuries to the riders.

The bicycle forks were installed on individual bicycles as part of complete bike packages. If you are an owner of a Felt Triathlon Bicycle, check to see if your bicycle is one of the recalled models. You can find the model number printed on the bicycle’s frame, right next to the Felt logo.

Purchasers of any of these Triathlon Bicycle models should immediately stop riding them and either contact Felt Bicycles at (866) 433-5887 or visit a nearby Felt Bicycles dealer to receive a free inspection and replacement.

The Illinois Bicycle Attorneys at the Keating Law Offices strongly encourage Illinois bicyclists to stay informed about recalls on bicycles, their parts and related equipment. Recalls are a reminder that product defects posing risks to cyclists are only discovered after the bike is on the road or trail. It is important to monitor the safety of your bicycle and equipment even after a purchase.

Under Illinois law, a manufacturer of a product can be held liable when their product fails while the person using it was doing so in a reasonably foreseeable manner. This means that if a bicycle crash occurs because a part of the bicycle failed during normal use, the manufacturer of the product can be responsible for any injuries or damage suffered by the rider as a result of the crash.

The Illinois Bicycle Attorneys at the Keating Law Offices have handled numerous product liability cases. If you have any questions regarding a product liability case or other personal injury matter, please contact them at (312) 239-676 or contact attorney Mike Keating at MKeating@KeatingLegal.com.

Bicyclist Killed in Collision in West Suburban Roselle

Multiple news outlets are reporting that a bicyclist has tragically died after a collision with a utility van in west suburban Roselle earlier this morning. The fatal bicycle accident occurred near the intersection of Rosemont Avenue and Roselle Road. Roselle Road is a main street in Roselle with four lanes that travel north-south with two lanes traveling in each direction. Rosemont Avenue is an east-west street that terminates at Rosemont Avenue. There is a "T" Intersection where Rosemont Avenue comes to an end at a park along Roselle Road.
 
According to reports the accident occurred just after 6:09 a.m.when the driver of the 2004 Mercedes-Benz van attempted to make a left-hand turn from eastbound Rosemont Avenue onto northbound Roselle Road at the "T" Intersection. The collision between the the motor vehicle and the bicyclist occurred at the "T" Intersection.
 
Section 901.01 of the Illinois Vehicle Code requires vehicles approaching or entering a "T" Intersection to yield-the-right of way to vehicles, including bicycles, to vehicles on the "non-terminating" roadway. In this instance, it means that vehicles turning off of eastbound Rosemont Avenue are required to yield the right-of-way to vehicles traveling along Roselle Road. The Illinois Vehicle Code provides as follows:

Sec. 11-901.01. Vehicles approaching or entering a "T" intersection. The driver of a vehicle approaching the intersection of a highway from a highway which terminates at the intersection, not otherwise regulated by this Act or controlled by traffic control signs or signals, shall stop, yield, and grant the privilege of immediate use of the intersection to another vehicle which has entered the intersection from the non-terminating highway or is approaching the intersection on the non-terminating highway in such proximity as to constitute a hazard and after stopping may proceed when the driver may safely enter the intersection without interference or collision with the traffic using the non-terminating highway. (Source: P.A. 81-860.)

The bicyclist was taken by ambulance to Alexian Brothers Hospital in Elk Grove Village where he was pronounced dead. The Roselle Police Department is conducting an accident reconstruction and the bicycle accident remains under investigation. 

Our thoughts and prayers are with the friends and family of the bicyclist. 

Claim for Bicyclist Injured in Bike Crash in Wicker Park Settled

Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri recently settled a claim on behalf of a bicyclist who was injured after she struck by the driver of car at the intersection of Hermitage Avenue and Wabansia Avenue in Chicago last October. The bicycle crash occurred in the afternoon on October 13, 2013, when the car driver failed to stop at the designated stop sign on Hermitage Avenue before entering the intersection of Hermitage and Wabansia. 

The bicyclist, however, had come to a complete stop at the intersection before continuing west on Wabansia. The bicyclist was then struck by the car in the intersection. The impact from the bicycle crash caused her to be thrown from her bike and crash into the pavement.

Due to the collision, the biker experienced serious pain and limited mobility in her legs and shoulder for more than a month after the accident, even after undergoing physical therapy. Her injuries made it impossible for her to continue her normal, active lifestyle for weeks following the crash, and made it difficult for her to even participate in routine tasks around the house.

The law in Illinois is very clear on a motorist’s responsibility to come to a complete stop before entering an intersection with a stop sign. Section 11-904(b) of the Illinois Vehicle Code states:

"Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersection roadway where the driver has a view approaching traffic on the intersection roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection, but said driver having so yielded may proceed at such time as a safe interval occurs."

The Illinois Bicycle Lawyers filed a claim with the driver’s insurance carrier to compensate the injured bicyclist for her injuries, medical bills, pain and suffering, and for the damage to her bike. After weeks of negotiation, the settlement secured by the Illinois Bicycle Lawyers amounted to more than three times (300%) the medical bills incurred by the injured rider.

The Illinois Bicycle Lawyers take pride in successfully resolving cases without delay. 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 will be promptly returned, and all initial consultations are confidential and free.

Case Settled for Bicyclist Attacked by Charging Dog

Any time a bicyclist is knocked of their bicycle, there is a high risk for an injury. And not all bicycle accidents involve a motor vehicle. This was the case for a bicyclist in western Illinois who sustained a hip fracture after a dog left its owners property and charged the bicyclist as he was riding down a rural road on his way home from work. 

On March 23, 2012, the bicyclist was riding along his regular route when he noticed a large dog running directly at him. Despite the bicyclist's best efforts to avoid a collision, the dog ran directly into the bike. The impact between the dog and the bicycle caused the bicyclist to be thrown from his bicycle to the pavement.
 
As a result of the bicycle collision, the bicyclist sustained a displaced left hip fracture requiring a stay in a local hospital followed by a rigorous rehabilitation regimen. It was more than seven  weeks after the bicycle collision before the bicyclist was able to ambulate without a wheelchair or cane.
 
Illinois has a strict liability statute (known as the "Illinois Animal Control Act") regarding injuries caused by animals, including dogs. A "strict liability" statute imposes liability without fault--that is, an injured person does not have to necessarily prove that the dog owner did anything wrong in order to recover for their injuries and medical bills. Specifically, the Illinois Animal Control Act provides:

"If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby."

In this case the bicyclist was lawfully riding his bicycle on a local street and did not provoke the dog. Thus, the owners of this dog were "strictly liable" for the injuries and damages sustained by the bicyclist - meaning the dog owners were legally responsible for the damages (medical bills, lost wages, pain and suffering, etc.) sustained by the bicyclist whether or not the dog owners  themselves did anything wrong. (510 ILCS 5/16). The purpose of this statute is to motivate animal owners to take whatever steps are necessary to keep their animal from injuring a person. A second purpose is to ensure that an injured person has a way to be "made whole" for their injuries since you obviously can't have a case against an animal.
Following the collision, the bicyclist initially attempted to negotiate the claim directly with the insurance company without an attorney. The insurance company then made a typical "lowball" settlement offer of that barely exceeded the bicyclist's medical bills. The bicyclist then retained the Illinois Bicycle Lawyers at Keating Law Offices. The ultimate settlement of $150,000.00 reached by the Illinois Bicycle Lawyers exceeded the original offer by more than $100,000.00.
 
The resolution is yet another example of the importance and value of retaining an attorney when you or a family member sustains a personal injury. The Illinois Bicycle Lawyers work on a completely contingent basis - meaning we NEVER charge attorney's fees unless we settle or win your case. All consultations are confidential and free with absolutely no obligation.

Rogue Motorist Causes Mayhem in Evanston - Bicyclist Among Those Injured

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ABC7 is reporting that a 63-year old Wilmette woman was arrested after she allegedly caused several collisions in Evanston on Sunday morning. The first collision occurred around 10:00 a.m. when the woman first was involved in a crash at the intersection of Ridge and Davis. Ridge Avenue is a roadway that transects several North Shore communities and is commonly used by motorists as a thoroughfare to Chicago.

The motorist then fled the scene of this first collision and proceeded southeast where she then struck a person riding a scooter on Chicago Avenue and then caused a third crash when she struck a bicyclist at Main Street. Both the person riding the scooter and the bicyclist were treated at the hospital. According to reports from a post on theChainlink, the bicyclist was transported via ambulance to St. Francis Hospital in Evanston.

Attorney Mike Keating is an Evanston resident and regularly rides in this area of Evanston. Attorney Keating said,

"This is an extremely scary situation. Many bicyclists regularly use Chicago Avenue to ride north-to-south through Evanston's central business district and to ride to and from Evanston's lakefront and to ride into Chicago. I've ridden and run through this very intersection numerous times. The utter disregard for safety by this motorist is nothing short of alarming. My thoughts and prayers are obviously with everyone affected by this incident." 

According to the ABC7 report, several witnesses saw the Wilmette motorist running other cars and pedestrians off of the road as she swerved in and out of traffic. The motorist was chased by police as she traveled west towards Skokie where she was finally stopped in front of a school. The woman reportedly refused to leave her vehicle and had to be physically removed by officers who placed her under arrest. She was taken to a hospital for treatment. No further details have been reported.

From a legal standpoint, the woman will certainly face charges for violating multiple traffic regulations. More significantly, she will most likely face charges for, at a minimum, reckless driving and possibly many more severe felony charges.

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