Scott USA Bikes Recalls Speedster Bicycles Due to Potentially Defective Front Forks

As a result of front bicycle forks that may unexpectedly fail and cause a rider to crash, Scott USA of Ketchum, Idaho has announced a recall of 2014 models of its Speedster bicycles due to fall hazards. It was found that the steerer tube in the front fork can break, posing a fall hazard to its users. The hazard came to Scott USA’s attention after one customer reported a fork breaking. Fortunately, no injuries resulted.

The models at issue were sold at authorized Scott dealers nationwide between August 2013 and May 2014, retailing from $1,000 to $1,300. If you are the owner of one of the included bikes, immediately stop using your bicycle and contact your local Scott dealer for a free replacement fork and complimentary installation.

Scott is recalling the following models:

• Men’s 2014 Speedster 30 
•  Men’s 2014 Speedster 40
• Women’s 2014 Contessa Speedster 25
• Women’s 2014 Contessa Speedster 35

Roughly 2,000 bicycles have been affected by this recall. These bikes come in black or white with blue, green, purple, or teal accents. The words “SCOTT” and “Speedster” are printed on the bike frame. To see if your bike is included in the recall, check the serial number printed on either a white sticker on the bicycle or embossed on the underside of the frame near the pedals. The following serial number ranges have been recalled: 

• AS30500001— AS30504930 
•  AS30700001—AS30704651
• AS30900001—AS30903278
• AS31100001—AS31103744
• AS40101604—AS40105463

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 can be first discovered after the product is already on the market. Scott USA’s latest recall also serves as a reminder that even the newest bike models on the market can still have problems. 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 Hit in Crosswalk and Dragged 50 Feet Receives Settlement of Insurance Policy Maximum

The Illinois Bicycle Lawyers at Keating Law Offices recently attained a six-figure settlement on behalf of a Bolingbrook bicyclist who was seriously injured when he was hit while riding across the street in a marked crosswalk. This serious collision occurred when the driver of a Chrysler 300 made a quick right-hand turn across the crosswalk of a busy intersection without properly checking for bicyclists or pedestrians first.

The collision occurred at the intersection of Boughton Road and Whitewater in Bolingbrook. Boughton Road is a major street in Bolingbrook with two lanes of traffic and turn lanes in each direction at its intersection with Whitewater. Two crosswalks cross Boughton at this intersection; one at the north end and one at the south. Both crosswalks are enclosed by bold, solid white stripes to attract the attention of passing motorists and clearly define the area for crossings.

On the early morning of September 21, 2013, the bicyclist was crossing the intersection of Boughton Road and Whitewater Drive. The bicyclist, a very experienced and avid rider, was riding across the northern crosswalk with the "Walk" signal clearly illuminated. As the bicyclist crossed the intersection, a white Chrysler 300 sedan driving in the opposite direction attempted to make a right-hand turn across the crosswalk onto westbound Boughton. Shockingly, the motorist failed to immediately notice that she hit the bicyclist, and dragged him along the pavement of Boughton Road for a staggering distance of 50 feet before finally coming to a stop. The motorist told the police officer that she never saw the bicyclist when making the right-hand turn. The bicyclist sustained a leg injury that required hospitalization and surgery.

The official police report for this crash indicates that both the motorist and the bicyclist technically had a green light traveling on Boughton in opposite directions. But having a “green light” alone does not automatically give someone the right-of-way. For example, even if a motorist has a green light, they still are required by Illinois law to yield to pedestrians in the crosswalk, since pedestrians and bicyclists using a crosswalk actually have the right-of-way. The logic and policy behind this Illinois bicycle law is that it gives people - whether they be pedestrians or bicyclists - using a crosswalk enough time to safely cross without interference from cars trying to turn on or off of the street.

Illinois law is very clear regarding the protections provided to bicyclists crossing in crosswalks. Multiple provisions of the Illinois Vehicle Code require motorists to yield to bicyclists within crosswalks. Section 5/11-1002(e) states in part: “Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.” The referenced Section 11-904(b) requires drivers approaching a stop sign to come to a complete stop before entering a crosswalk at an intersection and to yield to the right-of-way of any vehicle that has entered the intersection.

The legal implication of these laws in the case of the injured Bolingbrook bicyclist is that it does not matter that the motorist had a green light. The motorist had a responsibility under Illinois law not only to look out for pedestrians and bicyclists in the crosswalk, but to yield the right-of-way to the bicyclist no matter what. The bicyclist had the right-of-way and the motorist was supposed to "share the road" with the bicyclist.

The harsh reality in this case is that the motorist failed on two fronts. First, the motorist failed to see the bicyclist in the first place. This is known as the "failure to keep a proper lookout." Second, the motorist failed to adhere to the Illinois Rules of the Road and yield to the bicyclist. These two failures combined to create a collision that severely injured the bicyclist.

In the end the matter was settled for the six-figure policy limits of the driver's automobile insurance coverage. In simple terms, this means that the insurance company paid every penny it was obligated to pay under the terms of its insurance policy. The bicyclist has also been able to make a claim for his totaled road bike, cycling gear, and kit. This settlement will allow the bicyclist to move forward and get back on his bike after he is now emerging from a long period of rehabilitation.

Garbage Truck Injures Chicago Bicyclist in "Left Cross" Bicycle Crash

View of bicycle sharrows on northbound Lincoln Avenue at its intersection with Melrose Street on the North Side of Chicago.

Last Wednesday, on May 28th, a regular Chicago bicycle commuter was riding down Lincoln Avenue and approaching Belmont. It was a regular route for the bicyclist and one commonly used by Chicago bicyclists due to the fact that it is a designated bike route and "bicycle sharrows" are painted on Lincoln Avenue. 

As the bicyclist was riding southbound, a garbage truck was traveling northbound in the opposite direction. Immediately prior to the crosswalk at Melrose Street, there is a bicycle sharrow in clear view of vehicles traveling northbound on Lincoln Avenue. The purpose of bicycle sharrows is 1) to serve as a sign for bicyclists to know that this roadway is intended for bicycle traffic; and 2) to warn the drivers of motor vehicles that bicycles are present. 

As the two vehicles - the garbage truck and the bicycle - were traveling on Lincoln Avenue  the garbage truck turned left across southbound traffic in an attempt to cross the southbound lanes and proceed west onto Melrose Street. Even though it was morning and the sun was shining, the driver of the garbage truck apparently failed to see the rider and directly struck the bicyclist with the front of the garbage truck. 

The impact was so immediate and direct that the garbage truck literally left a perfectly linear indentation in the bicyclist's helmet from the truck itself. Even worse, the impact fractured five ribs along the bicyclist's side and caused related internal injuries. An ambulance came to the scene and took the injured bicyclist to Illinois Masonic Hospital where the bicyclist remained for three days while undergoing evaluation and treatment.

The failure of the garbage truck to yield to oncoming traffic is a violation of the Illinois Vehicle Code. Chicago law is clear on a motorist’s duty to yield the right of way when making a left turn across traffic. Section 11-902 of the Illinois Motor Vehicle Code states:

"The driver of a vehicle intending to turn to the left within an intersection . . . shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard."

This type of bicycle vs. motor vehicle collision is known as a "left cross" or "left hook" crash. These types of bicycle accidents are a direct result of motorists failing to yield the right of way and to keep a proper lookout for oncoming traffic. It is unfortunately one of the most common types of collisions that result in a bicycle crash. 

Keating Law Offices, P.C. has been retained as the exclusive law firm to represent the injured bicyclist.

Driver in Fatal Hit-and-Run in Bridgeport Charged With Felony

Gabriel Herrera and Suai Xie lived near each other in Chicago's Bridgeport neighborhood. On Thursday, Suai Xie was killed while riding her bicycle after she was struck by the van driven by Gabriel Herrera. According to the charges filed against Herrera, he was driving to the Home Depot when he struck Xie and then fled the scene. Witnesses were able to identify Herrera's vehicle and the license plate and called police. Herrera was arrested at his home within hours. 

Herrera was charged with the felony of leaving the scene of an accident that led to the death of Suai Xie and a misdemeanor count of failing to render aid as well as failing to reduce speed to avoid a collision. 

The death of Suai Xie is particularly senseless as it happened in the middle of the day on a residential street. According to the Cook County State's Attorney's Office, there were no alcohol or drugs in Herrera's system at the time of the collision. In the end, there is just the loss of a loving family member. 

Our thoughts and prayers go out to the family of Suai Xie at this very difficult time. 

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.

Charges Filed in Fatal Hit-and-Run of Bicyclist in Forest Park

According to media reports, 21-year old Joel Mendoza of Berwyn has been charged with the fatal hit-and-run of bicyclist, Jeffery Schultz. Jeffery was riding his bicycle on Harlem Avenue near its intersection with 14th Street late on Saturday night when he was struck by a speeding car. The driver of the car, believed to be Joel Mendoza, then fled the scene and the car was later found abandoned. 

Joel Mendoza has been charged by the state with the criminal violations of 1) leaving the scene of a fatal accident; and 2) failure to reduce speed to avoid a collision. The state may later amend the charges to include of charges against Mendoza as evidence develops. Mendoza was due for a bond hearing at the Maywood Courthouse today. At this hearing the judge will have decided either to hold Mendoza without bond or set a bond amount which, if posted, would allow Mendoza to be free on bond while the criminal case proceeds against him. 

The family of Jeffery Schultz also has the legal right to proceed with a civil action against Joel Mendoza. A civil lawsuit could include claims under the Illinois Survival Act and the Illinois Wrongful Death Act. The Survival Act allows the family of deceased person to recover for the losses such as pain and suffering that the loved one experienced prior to their death. The Wrongful Death Act allows for the family to make a claim for the loss of that person in their lives and the void that exists with them gone. 

Regardless of what the law provides, the reality is that an innocent man died while doing the simple act of riding his bicycle because it appears a driver was behaving recklessly. This is truly a tragic event. Our thoughts and prayers are with the family and friends of Jeffery Schultz.

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.

Evanston Bicyclist Injured When Driver Violates the "3-Foot Rule" Receives Insurance Settlement

On April 12th of last year an Evanston bicyclist was injured when the driver of a car was more interested in finding a good parking spot than he was in ensuring the safety of the operator of another vehicle legally on the road - a bicyclist.

The collision occurred during the early evening of April 12, 2013, when the car driver suddenly turned off the road in an attempt to enter a curbside parking spot along Chicago Avenue. The driver took a sharp angle past the bicyclist and towards the curbside parking. But in doing so, the hurried driver struck the bicyclist and knocked him off of his bicycle and onto the the pavement of Chicago Avenue. The bicyclist suffered a fractured left thumb as a result of the collision.

Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri recently settled the insurance claim against the driver's insurance company on behalf of the bicyclist. The bicyclist was an employee of a well known Evanston bicycle shop who led a very active lifestyle—he was an avid biker who often worked out and valued his active lifestyle. However, due to the fractured thumb he was not able to work out like he did before for almost three entire months while the thumb healed.

The "3-Foot Rule" in Illinois law is very clear on a motorist’s responsibilities when driving alongside a bicyclist. Motorists are required to exercise due care to avoid colliding with a person operating a bicycle, and must leave a safe distance between their car and any bicyclists nearby. Section 11-703(d) of the Illinois Vehicle Code states:

The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

As has been discussed on this blog before, the "3-Foot Rule" does not require 3 feet when passing a bicycle, the law requires at least 3 feet meaning the law actually provides that more than 3 feet should be provided by drivers passing bicyclists.

In this case, in addition to his multiple violations of the Illinois Vehicle Code, the police officer responding to the accident noted that the car driver had been driving “in an erratic, reckless, careless, negligent, or aggressive manner” at the time of the accident. It is unusual that a police officer adds his or her own conclusions in the narrative of the police report, but this was apparently a case that warranted this officer's statements.

The Illinois Bicycle Lawyers filed a claim with the driver's insurance carrier to compensate the injured bicyclist for his injuries, medical bills, pain and suffering, and loss of normal life. 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.