Illinois Bicycle Law Infographic: What Is The "3-Foot Rule" in Illinois Bicycle Law?

Illinois law requires motorists to give bicyclists at least three feet of space when passing a bicyclist. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This statute provides as follows:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703) Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter:

(d) 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.

Key language in the statute is obviously that there must be a minimum 3 feet between the bicycle and the motor vehicle when the motorist passes the bicycle. But note that the statute also requires that this distance of 3 feet must be maintained until the motorist is "safely past" the overtaken bicyclist. The goal of this law is to provide bicyclists with enough space to safely operate and to reduce the risk of bicyclists being "clipped" by a passing car. Ultimately, the goal is to reduce the number of bicycle accidents in Illinois. 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or Mike@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.

Insurance Claim for Bicyclist Hit By Motorist and Dragged 25-30 Feet Settled

The Illinois Bicycle Lawyers at Keating Law Offices have obtained a $105,000.00 settlement on behalf of a local woman who was injured in a bicycle vs. motor vehicle collision in July of 2013. The collision occurred at approximately 9:30 on the morning of July 2, 2013. 

The motorist was exiting a parking lot on East Algonquin Road in Rolling Meadows, Illinois. At the same time, the bicyclist was traveling westbound along the sidewalk separating the parking lot from East Algonquin Road. As the motorist made a right turn onto the eastbound lane of East Algonquin Road, he crashed into the bicyclist and her bicycle, dragging her and the bicycle under the car for approximately twenty-five to thirty feet before coming to a stop. 

Police investigators who came to the scene confirmed the distance that the bicyclist was dragged. Miraculously, the handlebars of the bicycle became lodged between the roadway and the undercarriage of the car and this kept the bicyclist from being crushed by the vehicle. Rolling Meadows Battalion Fire Chief Jeff Moxley reportedly said it initially appeared as though the bicyclist was pinned underneath the car when they arrived on the scene. 

The driver later plead guilty to failing the yield to the bicyclist. Illinois law requires motorists to yield to oncoming traffic when exiting a parking lot. Section 11-1205 of the Illinois Vehicle Code states:

"The driver of a vehicle emerging from an alley, building, private road or driveway within an urban area shall stop such vehicle immediately prior to driving into the sidewalk area extending across such alley, building, entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway." (625 ILCS 5/11-1205)

While the bicycle crash was fortunately not as catastrophic as it appeared at the scene, the bicyclist still required extensive medical attention at Northwest Community Hospital and suffered from a prolonged period of pain and suffering and anxiety as a result of the crash. The settlement of $105,000.00 is considerable given the nature of the bicyclist's injuries. It reflects the very serious and traumatic physical and emotional nature of this bicycle crash where the bicyclist was dragged for 25-30 feet before the motorist came to a stop.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 or Mike@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.

$350,000.00 Settlement for Chicago Bicyclist Injured When Riding Over A Pothole

A Chicago bicyclist who was severely injured in April of 2011 in a bicycle accident after hitting a pothole next to a rail track was awarded a $350,000.00 settlement to resolve her lawsuit against a local railroad. The bicyclist sustained fractures of both bones in her forearm and the bone in her upper arm. These fractures required two separate surgeries to repair the injuries. 

Defective Track Conditions Can Be Dangerous To Bicyclists

The incident occurred on Chicago's Goose Island on the near North Side of Chicago while the bicyclist was riding home. The crash occurred as the bicyclist rode over the rail road tracks near the intersection of Magnolia and Blackhawk near the Chicago River. The area is just to the east of Elston near the Morton Salt depot. 

The railroad tracks at this location are inlaid in the street itself so they are flush with the pavement. The bicyclist was unable to see the pothole because it was on the far side of the tracks as she crossed over the set of the railroad tracks to the east. Adding to this dangerous condition was the fact that the pothole was dark in color and from a distance appeared to be a part of the rail track itself, not a submerged defect that was not flush with the street and the railroad track. 

As a result of the nature of the pothole, the bicyclist did not see the defect until she was literally over it and her front wheel became lodge in it. When the wheel became lodged, the bicyclist's momentum carried her "head over heels" over her front handlebars. She instinctively put out her hands to break her fall and due to the way she landed she unfortunately sustained the fractures in her arm. 

Illinois Railroads Required To Repair Dangerous Conditions

Railroads have unique responsibilities to maintain their property under Illinois law.  Section 18c-7401(1) of the Illinois Vehicle Code provides that the railroad was generally required to maintain and operate all of its tracks and other property in Illinois in a manner that posed “no undue risk” to the person of any member of the public. Section 18c-7401(3) of the Illinois Vehicle Code specifically required  the railroad to maintain its tracks, in this case the property adjacent the tracks, as well as the road crossing over its tracks so that the “roadway at the intersection shall be as flush with the rails as superelevated curves will allow.” In short, the Illinois Vehicle Code says that all railroads have to work to eliminate any risks near the tracks and to make the roadways next to tracks as even and flush as possible. 

Most interestingly is that during the case it was discovery that the railroad had conducted several inspections of the area in the weeks leading up to this bicycle accident, including an inspection the very day before the crash. It was also determined that the inspection would have required the railroad inspector to literally walk over the area where the pothole was. Yet, the railroad unfortunately did not take any steps to either note the condition nor take action to correct it. 

Faced with these facts and the severity of the injuries, the railroad agreed to participate in negotiations to resolve the case. The case settled after two separate Pre-Trial Settlement Conferences with a judge in the Circuit Court of Cook County. This $350,000.00 settlement compensates the injured bicyclist for all of her medical bills as well as her pain and suffering, loss of a normal life, and the scars she has from her injuries and the surgery.

Keating Law Offices - Chicago Bicycle Accident Attorneys

Ironically, the bicyclist met with another personal injury law firm in Chicago that she contacted after seeing their ads near a CTA platform. The attorneys at that law firm told the bicyclist that she did not have a case and that they were not interested in pursuing the case. The bicyclist then contacted Keating Law Offices who, after four years of litigating the case, were able to obtain a successful resolution for the injured bicyclist.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or Mike@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.

Lawsuit For Chicago Bicyclist Injured In Accident With Taxi Settled

A Chicago bicyclist who was injured in an accident with a Chicago Carriage Cab has received a nearly $85,000.00 settlement for the personal injuries he sustained in the collision. The collision occurred on August 29, 2011 when the taxi cab driver turned directly into the bike lane from a parked position on Halsted Street outside of Illinois Masonic Hospital. The bicyclist was struck and thrown from his bicycle and sustained a non-displaced fracture of his collarbone. The injured bicyclist was taken directly into the Emergency Room at Illinois Masonic Hospital from the scene where he was treated.

At the traffic court hearing attorney Mike Keating attended the traffic court hearing with the injured client. At the hearing the taxicab driver pled guilty to violating Section 9-40-190 of the Municipal Code of Chicago. This section specifically prohibits drivers from pulling into traffic - in this case the bike lane on Halsted - from a parked position.

The taxicab driver was driving a Chicago Carriage Cab at the time of the accident. Chicago Carriage Cabs are common in Chicago and recognizable by their unique maroon color as opposed to the traditional yellow taxicab color. Chicago Carriage Cabs were insured with an insurance carrier named Ullico at the time of the collision.

What seemed like a relatively straightforward lawsuit given the guilty plea by the driver and the very clearly severe injury sustained by the bicyclist quickly became complicated when Ullico filed for "insolvency." "Insolvency" is when an insurance company essentially declares itself bankrupt in the sense that it does not have the money on hand to pay all of the claims against it. As a result of Ullico's insolvency proceedings, there was a period of time where there was essentially no insurance for any Ullico claims. During this time there was a legal "stay" on all lawsuits in Cook County involving Ullico as well. The combination of no insurance and the stay left these cases in legal limbo.

Many attorneys withdrew from cases involving Ullico fearing that the claims would never be paid. However, the Illinois Bicycle Lawyers at Keating Law Offices remained committed to their client and patiently pursued the case. Ultimately the State of Illinois provided insurance coverage through the Illinois Guaranty Fund - a sort of "insurance for insurance." After continuing to pursue the case ultimately the case was able to be settled for $60,000.00 in addition to the over $24,000.00 in medical expenses that had already been paid by health insurance.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients injured in bicycle accidents throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law or a bicycle accident, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or Mike@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.

The606 - Featuring the Bloomingdale Trail - Opens This Weekend

The long awaited 606, with the elevated 2.7 mile Bloomingdale Trail as the diamond in the crown, will open this weekend. The weekend is full of numerous events to celebrate this major civic achievement in Chicago. Saturday is the 606 Festival at Humboldt Boulevard which is great day-long party to celebrate the unveiling of the 606. The 606 Festival starts at 10 a.m. and runs until 9 p.m.

The Illinois Bicycle Lawyers at Keating Law Offices are one of the community partners taking part in the event and sponsoring the 606 Photo Booth where attendees can take free professional pictures on a literal red carpet and then instantly share their photos via a social media kiosk. The 606 Festival at Humboldt Boulevard will also include two music stages, beer, food vendors, SummerDance, and other fun activities. 

Attorney Mike Keating is a long time supporter of "rails-to-trails" programs. Attorney Keating said: 

"It is truly a dream come true that the Bloomingdale Trail and the whole 606 is finally being unveiled. This project shows what Chicago can do when we "make no little plans" and choose to dream big. What was once a stretch of unused railway will now be a nearly three mile long park that connects Chicago. I couldn't be prouder of Chicago." 

You can learn more about the 606, the Bloomindgale Trail, and this weekend's events at the606.org. The 606 website describes Chicago's latest public space as follows: 

Opening June 6, 2015, The 606 takes Chicago’s legacy of great parks to new heights. The 606 has the elevated 2.7-mile Bloomingdale Trail as its centerpiece; when fully built out, the trail will be connected to six neighborhood parks at ground level, a wheel-friendly event plaza, an observatory, art installations, educational programming and other amenities. Set above city streets, it’s a new way to explore Chicago on trails for biking, running and strolling. The 606 also connects parks, people, and communities; what once physically separated four neighborhoods now will knit them together and attract visitors from throughout Chicago and beyond. Imaging block after block of uninterrupted trails. Kids will learn to ride their bikes up here, commuters will find a new shortcut to work, and neighbors will make new friends. The 606 will change what it means to go to the park. The 606 runs along Bloomingdale Avenue (1800N) on Chicago’s northwest side, and is a partnership between the City of Chicago, The Chicago Park District and not-for-profit The Trust for Public Land. 

Hit-and-Run Collision in Little Italy Injures Bicyclist

Keating Law Offices has been retained to represent a bicyclist who was the victim of a hit-and-run in Little Italy. The firm is currently investigating the crash and is looking for witnesses or anyone who may have seen the crash or its aftermath. The hit-and-run collision occurred on the evening of Thursday, May 21st. The collision occurred when the bicyclist was traveling westbound on Taylor Street in the designated bike lane on his way home from a friend's house. As the bicyclist pedaled towards home, an unknown vehicle struck the bicyclist.

The force from the collision knocked the bicyclist off of his bicycle and he crashed onto Taylor Street. As a result of the impact, he suffered a severe laceration and bruising to his eye. This injury left his eye swollen shut and required stitches to close the eye wound. In addition, his upper lip was lacerated and required stitches.

A valet at a nearby restaurant was able to get a basic description that it was a passenger type car. However, a subsequent investigation by the Chicago Police Department was unable to locate the subject vehicle and no other identifying information is currently available. Keating Law Offices is in the process of obtaining any nearby surveillance footage and locating any witnesses. Anyone with any information should contact Keating Law Offices at 312-239-6787 or email Info@KeatingLegal.com.

This collision was also the subject of a recent Streetsblog Chicago post which can be read by clicking here. 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or Mike@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.