Grand Rapids, Michigan Implements "Five Foot Rule"

Grand Rapids, Michigan has implemented new local bicycle rules that include a "5-Foot Rule" that would require motorists to wait to pass bicyclists until they can do so with a minimum of five feet of clearance between the right side of their vehicle and the bicyclist. This legal development was reported by Matt Vande Bunte in a recent article.

Bicycle Law Can Help Protect Bicyclists

This is a very important legal development from a national perspective as a 5-Foot Rule is a considerable increase (66.67%) over the "standard" 3-Foot Rule seen in most states and municipalities. Grand Rapids originally considered the more common 3-Foot clearance but the Grand Rapids City Commission voted on September 22nd to increase it to five feet at the request of the Greater Grand Rapids Bicycle Coalition. According to the article, the interim director of the Greater Grand Rapids Bicycle Coalition, Jay Fowler, was quoted as saying that this rule would accommodate bicycles in Grand Rapids and that they "believe (the 5-Foot Rule) will position Grand Rapids in a very aggressive light." 

Interestingly there was only one dissenting vote among the Grand Rapids City Commission over the concern that a 5-Foot Rule would create congestion because motor vehicle operators would have to wait behind slower bicyclists until there was an opportunity to pass in a safe and legal manner. However, it seems that there was a strong consideration that this aggressive legal position would attract bicyclists to the area knowing that there was an increased legal protection on their side.

Illinois Law Demands Motorists To Give Bicyclists Three Feet When Passing

Here in Illinois our statewide law requires operators of motor vehicles to provide bicyclists at least three feet of distance between the motor vehicle and the bicyclist. The term "The 3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road:

(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.

Illinois Bike Law Attorneys At Keating Law Offices

Here is an Infographic that the Illinois Bicycle Lawyers at Keating Law Offices created regarding the 3-Foot Rule 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 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email 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.

Chicago Bicyclist Died One Week After Collision With Semi-Truck In Avondale

The Chicago Sun-Times has reported that 48-year old Robert Lewis has died as a result of injuries he sustained in a collision with a semi-truck in the afternoon of Wednesday, September 2nd. The fatal bicycle accident occurred in the 3400 block of North Kedzie in the Avondale neighborhood on Chicago's Northwest Side. There were no further details reported. 

After the collision, Mr. Lewis was taken by ambulance to Illinois Masonic Medical Center where he remained until his death. Mr. Lewis lived on the northwest side on West School. Our thoughts and prayers are with the family and friends of Mr. Lewis and all those affected by this loss.

Cannondale Announces Massive Recall Of 23,000 Mountain Bikes From Model Years 2011 - 2015

The United States Consumer Products Safety Commission has announced a recall of Cannondale mountain bikes because of an issue with potentially defective stem/steer tube assemblies. The concern is that the OPI stem/steering tube assemblies could fail which could lead a bicyclist crashing and sustaining injuries. The recall includes approximately 23,000 Flash, FSi , F-4, F-5, F-29, Lexi, RZ, Scalpel and Trigger Cannondale mountain bicycles with model years from 2011 through 2015. The Cannondale mountain bikes at issue have OPI stem/steering tube assemblies with “OPI” printed diagonally across the stem/steering tube in black letters.

The recalled Cannondale mountain bicycles were sold at authorized Cannondale dealers nationwide from July 2010 to July 2015 for between $2,000 and $10,000. The CPSC recommends that riders who have a Cannondale mountain bike that is affected by this recall immediately stop using the bicycle and take it to the nearest authorized Cannondale dealer for a free repair. Cannondale dealers will fit a locking reinforcement wedge assembly inside the OPI stem/steering tube and replace the clamp bolts.

Illinois Law Protects Bicyclists From Defective Products

Recalls occur in an effort to proactively prevent bicycle accidents from a potentially defective product before that accident takes place. In this case, Cannondale issued the recall even though there were no injuries reported from the issue with the assembly. When a manufacturer discovers a potential product defect, it is required to recall the defective product immediately. Manufacturers of defective products are liable for all foreseeable injuries that occur as a result from use of the defective product. This is known as "strict liability" under Illinois law. The law in Illinois is very clear when it comes to product defects: if a bicyclist is using a bicycle and its components in a normal manner, and the bicycle product fails to work and a bicycle accident occurs, the manufacturer is liable. Under Illinois law, a liable manufacturer would have to compensate the injured bicyclist for their "damages" which would include their personal injuries such as medical expenses, pain and suffering, disfigurement and lost wages.

Illinois Bike Attorneys At Keating Law Offices

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 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email 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.

Attorney Michael S. Keating Named an "Emerging Lawyer" by the Leading Lawyers Network

Attorney Mike Keating of Keating Law Offices 

Attorney Michael S. Keating of Keating Law Offices, P.C. in Chicago, Illinois, has been named an "Emerging Lawyer" by the Law Bulletin Publishing Company’s Leading Lawyers Division. The Emerging Lawyers are identified as the top two percent of lawyers who have proven themselves ethical, professional and experienced at an early point in their legal careers. 

Leading Lawyers Network

Regarding his nomination, Michael S. Keating stated:

“I am very honored to be selected as an Emerging Lawyer by the Leading Lawyers Division at the Law Bulletin Publishing Company. Everyone at Keating Law Offices is very proud of the fact that this distinction has been earned by fewer than 2% of all lawyers licensed to practice law in Illinois. In many ways this is an honor for everyone at Keating Law Offices who share the same deep commitment to providing the absolute best representation and obtaining justice on behalf of our clients.” 

Bike Attorney Michael Keating - A National Leader In Bicycle Law

Michael Keating has focused part of his practice specifically on the area of representing bicyclists injured in bicycle accidents in Illinois. He currently serves as the Chair of the Bicycle Litigation Committee for the American Association for Justice, the national trial lawyers group. He founded Keating Law Offices in 2008 with the mission of representing individuals and families whose lives have been affected due to the negligence of others. For the past decade Mr. Keating has practiced as a trial attorney in jurisdictions throughout Illinois. He represents the firm’s clients in personal injury and wrongful death litigation in state and federal courts. 

In addition to this most recent award, Mr. Keating was also named one of the "Top 100" trial lawyers in Illinois and a "Top 40 Under 40" by the National Trial Lawyers Association. For five straight years, from 2011 through 2015, he was named a "Rising Star" by SuperLawyers and Chicago Magazine. In addition to these accolades, Mr. Keating also has a perfect "10/10" ranking on AVVO, an independent attorney ranking website. 

Illinois Bicycle Law Attorneys

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 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email 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.

Huffy Recalls Bicycles With Front Disc Breaks Due To Fall Risk

Huffy recently announced a recall of its 2014 TR 745 and TR-S 740 bicycle models. The bicycle recall was issued when Huffy bikes discovered that the open quick release lever on the bicycle’s front wheel hub can come into contact with the front disc brake assembly causing the front wheel to either come to a sudden stop or to separate from the bicycle. Interference with a working brake on a moving bicycle obviously substantially increases the likelihood of a bicycle crash or collision as a result of a fall.

Bicycle Recall

The recalled bicycles equipped with front disc brakes were sold nationwide from September 2014 through May 2015. Most of the bicycles sold in the United States were sold at Wal-Mart Stores. The TR 745 and TR-S 740 were sold individually for approximately $250.00 to $370.00. Consumers of the affected bicycles should stop using the bicycles immediately and contact Huffy for a free replacement quick release lever for the front wheel.

According to the United States Consumer Products Safety Commission:

This recall includes the 2014 Huffy TR 745 and TR-S740 bicycles with 27.5-inch wheels. Both bicycle models have “Huffy” on the downtube of the frame with model names located on the rear portion of the frame. The TR 745 has a green frame with model number 26504M on the bottom of the frame near the pedals. The TR-S 740 has a white frame and model number 26604M on the bottom of the frame near the pedals.

Illinois Law Protect Bicyclists Injured By Defective Products

When a manufacturer discovers a potential product defect, it is required to recall the defective product immediately, because manufacturers of defective products are liable for all foreseeable injuries, which result from use of the defective product. Illinois law provides that manufacturers are "strictly liable" for injuries that occur due to a bicycle component that fails.

Generally speaking, if a bicyclist is using a bicycle and its components in a normal manner, and bicycle products fails to work and an injury occurs, the manufacturer is liable. Under Illinois law, a liable manufacturer would have to compensate the injured bicyclist for their injuries and other damages such as medical expenses and lost wages. It is important to consult with an attorney if you have been injured as a result of a bicycle component that fails. The Illinois Bicycle Attorneys at Keating Law Offices have handled numerous product liability cases.

Illinois Attorneys Focused On Injured Bicyclists

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 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email 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.

Trek Recalls Superfly Bicycles Due To Risk of Carbon Bontrager Seatposts Cracking

Trek recently announced a recall of its 2015 9.8 Superfly FS SL, X1, and XT bicycle models equipped with Bontrager Approved Carbon seatposts. The recall was issued when the company discovered that the seatpost could crack and break. A seatpost that unexpectedly breaks during a ride poses and immediate and dangerous hazard to the bicyclist.

The recalled bicycles equipped with Bontrager Approved Carbon seatposts were sold nationwide from September 2014 through July 2015. The Superfly FS SL model sold for about $5,300.00 and the Superfly X1 and XT sold for about $3,500.00. Consumers of the affected bicycles should immediately stop using the bicycles and contact an authorized Trek retailer for a free replacement seatpost plus a $20 coupon toward any Bontrager merchandise. The coupon can be used through December 31, 2015.

According to the United States Consumer Products Safety Commission the recall includes the following 2015 models equipped with Bontrager Approved Carbon seatposts:

• Trek 9.8 Superfly FS SL
• Trek 9.8 Superfly XI
• Trek 9.8 Superfly XT

Recalled bicycles have a serial number ending in J or K, which is located on the bottom of the bicycle frame. Superfly FS, X1, or XT is printed on the bicycle’s top tube. Trek is printed on the frame downtube. “Bontrager Carbon” is printed on the seatpost.

Keating Law Offices has significant experience and success with product liability cases and injuries resulting from bike usage. In Illinois the manufacturer of a product can be held liable when their product fails and the person was using the product in a reasonably foreseeable manner. This means that if a bicycle crash occurs because a part of the bike broke or failed during normal use, the manufacturer of that product would be responsible for any injuries or other damages suffered by the rider. Relevant to the recalled Trek bicycles, it would be reasonably foreseeable for a rider to expect the seatpost not to crack, making any resulting injury the potential basis for a claim against the manufacturer.

The attorneys at Keating Law Offices have handled numerous product liability cases. We strongly encourage Illinois' bicyclists to stay informed regarding recalls that may affect their bicycles or equipment. While manufacturers rarely intend to sell defective products, recalls are a reminder that product defects posing serious risks to cyclists can be discovered once a product is already on the market. It is important to monitor the safety of your bicycle and cycling equipment both before and after a purchase.

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 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email 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.

Victim of Dooring in Lincoln Park Receives Insurance Settlement

A Chicago bicyclist who was doored on Diversey Parkway in June of 2014 has received a substantial settlement from the insurance company for the driver that caused her injuries. The dooring occurred as the bicyclist was riding eastbound on Diversey towards its intersection with Sheffield Avenue in Lincoln Park. At the same time the driver had just parked her vehicle on Diversey and swung her driver’s door open into the designated bike lane where the bicyclist was unable to avoid the collision.

As a result of the collision with the door and the landing after the impact, the bicyclist suffered numerous injuries including a broken foot. It is troubling that bicycle accidents from doorings still occur in areas like Lincoln Park where there are designated bike lanes and consistent bicycle traffic. The law in Illinois generally and Chicago specifically make the act of dooring illegal. Section 11-1407 of the Illinois Vehicle Code and Section 9-80-035 of Municipal Code of Chicago address this issue with the same statutory language:

"No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

As with almost all doorings, this one could have been avoided had the driver simply checked over her shoulder and her mirror and looked for bicycles that could be expected down the dedicated bike lane. This seemingly simple failure resulted in a bad injury to a young student who ended up with a broken foot, a pile of medical bills, and missed time from work. This insurance settlement for the bicycle accident more than compensates the bicyclist for her medical bills and missed time from work and also compensates her for the pain and suffering she went through while recovering from her injuries. 

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 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email 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.