Monday, April 20, 2015

Save Kinzie - Fight Ald. Reilly's Plans to Value Real Estate Development Over the Kinzie Bike Lane


Chicago Alderman Brendan Reilly, whose 42nd Ward encompasses Chicago's highly praised Kinzie Street protected bike lane, is taking steps that could lead to the removal of the bike lane. Alderman Reilly claims that the Kinzie Bike Lane should be removed because with the new real estate development on Wolf Point, at the intersection of the branches of the Chicago River, there will be more traffic congestion. 

The Kinzie Bike Lane runs approximately a half mile between Milwaukee Avenue and Wells Street and acts as a primary east-west route for bicyclists that are traveling to and from Chicago's Loop via Milwaukee Avenue. The Kinzie Bike Lane was the first protected bike lane installed in Chicago as a part of Mayor Rahm Emanuel's plan to install 25 miles of protected bike lanes each year. 

Plans would call for bicycle traffic to be moved onto new bike lanes on Grand Avenue. However, the Active Transportation Alliance in particular has forcefully advocated for the Kinzie Bike lane to be saved. On their website, ActiveTrans succinctly stated their position:
"Removing the first protected bike lane in the city just four short years after it was installed will be a national embarrassment and set us back in our efforts to make our city more livable and economically vibrant. The only way to make our streets safer and less congested is to build more protected bike lanes like the one on Kinzie, while pushing for complementary transit and pedestrian improvements."
ActiveTrans is also asking supporters of the Kinzie Bike Lane to sign an on-line petition and to contact their local Alderman asking them to oppose Ald. Reilly's proposals in the Chicago City Council. 

Attorney Michael S. Keating of Keating Law Offices also object's to Ald. Reilly's proposals. Attorney Keating, who acts as an advocate for Chicago bicyclists and represents injured bicyclists in legal actions, stated:
"In many regards the suggestion of removing the Kinzie Bike Lane is offensive because of what it represents. This was the first protected bike lane in Chicago and was a clear indication of Chicago's commitment to safe bicycling. On a practical level, the Kinzie Bike lane created a conduit from the Dearborn Bike Lane to Milwaukee Avenue, the city's most popular bike route. So the Kinzie Bike Lane is both a symbol of Chicago bicycling and also a vital part of many Chicagoans' bicycle commute. Removing the Kinzie Bike Lane sends a message that Chicago values a single new development over safe bicycling. We simply can not stand for that."
Keating Law Offices is a Chicago-based law firm that focuses its practices on representing injured bicyclists throughout Illinois. The firm is a national leader in the emerging field of bicycle law. 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.

Friday, April 10, 2015

Claim for Riverside Bicycle Commuter Settled for $100,000.00 Insurance Policy Limits


Aerial photograph of area in Riverside, IL where a bicycle commuter was injured in bike accident.

The Illinois Bicycle Lawyers at Keating Law Offices have recovered the entire amount of the insurance policy limits for a Riverside bicycle commuter who was severely injured in a bicycle collision last June. The bicyclist regularly commuted via bicycle from her home in Riverside to her job in Berwyn at a healthcare facility. The collision occurred as she was riding her regular route to her Riverside home.

On June 17th she was riding near the Riverside Metra station and crossing Longcommon Road in the crosswalk. At the same time, a teenage driver inexplicably sped northbound on Longcommon Road towards the crosswalk. The motorist struck the bicyclist in the crosswalk in the rear tire of her bicycle. The force of this impact projected the bicyclist from her bicycle. She then landed on the pavement and violently struck her head and face. She was taken by ambulance to a local hospital where she received medical care. She continued to receive follow-up medical care for months after the collision.

The responding Riverside Police Department officer issued the motorist a traffic citation for violating Section 11-1002 of the Illinois Vehicle Code. Section 11-1002 states that: 
[w]hen traffic control signals are not in place…the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling…”
Attorney Mike Keating attended traffic court at the Maywood courthouse with the injured bicyclist. It is critically important that injured bicyclists attend traffic court to ensure that all available testimony is available to assist prosecutors in pursuing charges against the at-fault motorists. In this particular case, the motorist was accountable for his actions when faced with the prospect of a trial. He pled guilty in court to the charges and thereafter personally apologized to the injured bicyclist. 

This claim was able to be quickly resolved for the available $100,000.00 policy limits from the national insurance carrier that is not known for quick or fair resolutions to claims. Ultimately, this was the best possible financial resolution in the case. We continue to assist the client with obtaining all of the medical attention she requires by working with her health care providers and her health insurance company.

Wednesday, April 8, 2015

Keating Law Offices Settles Case For Pedestrian Struck In Crosswalk for $600,000.00

Intersection of Burlington and Main Street in Downers Grove, Illinois
Attorney Michael S. Keating of Keating Law Offices, P.C. has obtained a $600,000.00 settlement for a Downers Grove woman who was struck in a crosswalk by a turning truck. The incident occurred on February 21, 2014 when the pedestrian was walking to her condominium in downtown Downers Grove after getting off the Metra train. It was a short walk that the regular commuter had done hundreds of times before.

As she was crossing Main Street in the crosswalk, an electrician driving his company's work truck, ran over the pedestrian. At the time of the collision the "Walk" light was lit and she was crossing at the same time as other pedestrians. The truck was traveling westbound on Burlington and made a left-hand turn onto southbound Main Street that required the truck to cross over the Main Street crosswalk. As a result of the impact, the pedestrian was trapped underneath the truck and dragged along the roadway before the driver realized he had hit someone and stopped. The driver of the truck admitted to police that he "did not see" the pedestrian.

The Downers Grove Police Department cited the driver for his failure to yield to the pedestrian. Multiple provisions of the Illinois Vehicle Code require motorists to yield to pedestrians 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.” 
Section 11-904(b) of the Illinois Vehicle Code also 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. Attorney Michael S. Keating attended traffic court with the injured pedestrian and when faced with a credible victim who was severely injured the motorist ultimately chose to plead guilty to the ticket.

The pedestrian suffered severe injuries to her face that required reconstructive surgery and resulted in substantial scarring and other injuries that affect not only her appearance but the sensation and functioning of her facial structure. During the course of investigating the claim, it was learned that the driver of the electrical vehicle was insured with two separate insurance policies that combined for a total of $600,000.00. The insurance companies, however, disputed the extent of the pedestrian's injuries and questioned the precise facts of the collision. After over a year of negotiations, Attorney Keating was able to get the insurance companies to pay the full amount of their insurance policies without a lawsuit.

Keating Law Offices is committed to representing all vulnerable users of the roadway including pedestrians and bicyclists. The firm strongly believes in the importance of safe and accessible roadways for commuters of all types utilizing the roadway. This was an optimal result for a wonderful client who was tragically injured when the driver chose to make an aggressive turn across a crosswalk rather than wait for pedestrians to clear the intersection. This accident that resulted in severe injuries could have been avoided if the driver had simply kept a proper lookout and waited to turn until all vehicles and pedestrians were out of the roadway.

Monday, April 6, 2015

Family Asks Hit-and-Run Driver To Turn Himself In As Police Search For Clues

If you have any information, call 311 or contact the Major Accident Investigation Unit directly at 312-745-4521.
The Chicago Police Department's Major Accident Investigation Unit continues to search for the driver of a dark-colored 4-Door GMC or Chevrolet SUV. Based on the body style, the vehicle appears to be either a GMC Yukon or a Chevrolet Tahoe. The vehicle has light-colored rims and running boards along the undercarriage of the vehicle. 

The driver of this SUV critically injured 26-year old Ricardo "Richie" Capistrano in Logan Square on Friday. Prior to the collision, Capistrano was riding his motorized bicycle westbound on North Avenue at the same time as the SUV was traveling eastbound on North Avenue. The driver of the SUV turned left in front of Capistrano as the vehicle turned northbound onto Talman Avenue. 

This is knows as a "left-hook" crash. The Chicago Municipal Code and the Illinois Vehicle Code both require vehicles turning left across traffic, like the SUV in this instance, to yield to oncoming traffic. Obviously, the driver of the SUV did not yield and therefore caused this collision and the injuries to Richie Capistrano. 

The driver also violated the law as it relates to what is required when in a motor vehicle accident. Section 11-401(a) of the Illinois Vehicle Code provides the groundwork for the motorist:
"The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled."
Section 11-403 of the Illinois Motor Vehicle Code more specifically lays out the requirements any such motorist must fulfill before leaving the scene of a collision that leads to personal injuries:

"The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with an shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to the physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person."
According to reports, Capistrano rode into the back of the passenger side of the SUV. The back passenger window apparently shattered and there is damage to the rear passenger door. The driver of the SUV did not stop and fled the scene on the accident.

Capistrano's family is offering a reward of $1,000.00 for any information leading to an arrest. If you have any information, call 311 or contact the Major Accident Investigation Unit directly at 312-745-4521.