Scofflaw Driver Claims "Ghost Car" Causes Crash That Severely Injures Two Bicyclists

Driving record of offending motorist who claimed a "ghost car" caused Illinois bike crash. 

A driver with a long and troubled history of traffic violations tried to claim that it was a "ghost car" that caused a bicycle crash in August of 2015 that seriously injured two bicyclists. "Ghost cars" or "phantom vehicles" are terms that lawyers and police officers use to describe mythical cars that only drivers who are suspects in crashes conveniently see before a collision. "Ghost cars," like a mythical figure, only appear momentarily before disappearing forever. "Ghost cars" also drive erratically and force other drivers to swerve out of their way but unfortunately into something or someone else. 

The Legend of the "Ghost Car" in Vehicle Accident Cases

The motorist who struck two Chicago-area competitive cyclists in late summer of claimed that the crash was caused by a "ghost car." The driver and the cyclist were traveling in the same direction on a major road in the far northern suburbs when the driver swerved over the fog line and onto the shoulder of the road where the two bicyclists were riding. The driver struck both bicyclists and caused serious injuries. 

Fortunately for the cyclists, there were two other witnesses to the crash and a responding police officer who wrote in his report that he did not find "credible evidence" of the ghost car. The problem with stories like this is that the insurance companies will often latch onto stories like this and use it as an excuse to delay a claim or deny it entirely while they "complete their investigation." In all cases an insurance company does have a duty and responsibility to investigate all claims. It's part of their job. But when the facts of the case are so overwhelmingly in favor of the injured person, the claim of an "investigation" becomes nothing more than an excuse to use the Three Ds Of Insurance Defense: Deny, Delay & Don't Pay. 

Our law firm was in contact with the responding police officer and the local county prosecutors' office right away. In the course of our investigation it was learned that the driver had received SIX separate traffic citations within five years. The driver was originally charged with a simple traffic violation, but Lake County prosecutors were encouraged by our firm and the responding police officer to pursue more serious charges given the extreme misconduct of the driver and the fact that serious injuries were sustained. The prosecutors made the decision to drop the misdemeanor traffic ticket and are preparing to file felony traffic charges against the motorist for the crash itself and his claims at the scene about the "ghost car." 

Illinois Laws Provide Bicyclists Protection on all Illinois Roadways

The improper lane change by this motorist on a state roadway violated Section 11-709 of the Illinois Vehicle Code. It is important to note that cyclists have the same rights on all state roads as motorists.

Section 11-709 of the Illinois Vehicle Code states that “a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (625 ILCS 5/11-709).

As evidenced by this collision in August of 2015, there was no dispute that it was unsafe for this motorist to move his vehicle from the left lane of Illinois Route 120 to the right lane and directly into the path of the cyclist himself and his bicycle, striking him and causing serious personal injuries.

Keating Law Offices Works To Protect Cyclists Throughout The State of Illinois

The injured bicyclist in this case was represented by attorneys Michael Keating of Keating Law Offices. The cyclist is a member of a local road bike racing team focused on road cycling and triathlon competitions. Given the extremely competitive nature of road bicycle racing, this cyclist will have residual negative effects of a decline in his training level that will permeate into the 2016 season. It was very important for the Illinois Bicycle Lawyers at Keating Law Offices to recover the maximum amount of money available from State Farm on behalf of this injured competitive cyclist and we are proud to have done so.

Bicycle Crash Lawyers

If you have been injured in a bicycle accident, it is important that your get as much information as possible right away regarding your legal options. 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. 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.

Lawsuit On Behalf of Injured Chicago Bicycle Messenger Settled for $100,000.00

The Illinois Bicycle Lawyers at Keating Law Offices have settled a personal injury lawsuit filed on behalf of a Chicago bicyclist for $100,000.00. This amount represents the full amount of the State Farm Insurance policy for the motorist who struck the bicyclist and caused her injuries in November of 2014. State Farm had originally denied any responsibility in this case and the bicyclist was forced to file a lawsuit against the driver in the Circuit Court of Cook County. After only six months of litigation the attorney for the driver agreed to have State Farm Insurance settle the case for every penny available from the insurance company.

The motorist caused the collision when she attempted to accelerate past the bike messenger as both traveled southbound on Lakewood Avenue in Chicago’s Lakeview neighborhood. The record in the case indicated that the motorist struck the bicyclist’s rear tire at approximately 25 to 30 miles per hour and ejected her forward. The bike messenger was violently thrown off her bicycle and onto the pavement of Lakewood Avenue due to the force of the impact. Due to the severity and speed of the crash, the bike messenger suffered fractures of her radius and ulna bones in her right arm at the wrist, as well as shredded her tendons. She also smacked her forehead on the pavement as she crash-landed.

The Chicago Police Department ticketed the motorist for her failure to exercise due care because she collided with the bicyclist in the roadway. It was a clear violation of Section 9-40-160 of the Chicago Municipal Code, which affords bicyclists the same rights as motorists on the road.

Chicago Bicycle Laws Provide Bicyclists Protection On City Streets

Motorists must be aware of bicyclists on the road at all times and a failure to “not see the bicyclist” until it is too late is no excuse. Section 9-40-160 of the Chicago Municipal Code provides the following protection to bicyclists on the roadway:

"Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway, and shall give warning by sounding the horn when necessary…"

Chicago Bicycle Lawyers Successfully Resolve Case After Filing Lawsuit

Despite the Chicago Police Department finding the motorist at-fault and the ruling of a Cook County Traffic Court judge determining the motorist was guilty for a failure to exercise due care in this collision, the insurance company for the motorist refused to offer any money in settlement when negotiations first began. The claim by the motorist was that the bicyclist pulled in front of the motorist and the crash was not only unavoidable, but actually the bicyclist's fault. The insurance company for the motorist believed the bicyclist was at-fault because they claimed that and offered nothing prior to the Illinois Bicycle Lawyers at Keating Law Offices filing a lawsuit against the motorist in the Circuit Court of Cook County.

After filing suit on behalf of this injured bike messenger and six months of contested litigation, the Illinois Bicycle Lawyers at Keating Law Offices were successful in obtaining the insurance policy limits for the injured bike messenger – $100,000.00 – in settlement.

Bicycle Crash Lawyers

If you have been injured in a bicycle accident, it is important that your get as much information as possible right away regarding your legal options. Keating Law Offices is the premier 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.

What NOT To Do If You've Been A Victim Of A Bicycle Crash

The Chicago Bike Flag - Keating Law Offices, P.C.

The calendar pages have turned to 2016 and everyone is making New Year's resolutions. The Illinois Bicycle Lawyers at Keating Law Offices have previously discussed at length what TO DO if you have been in a bicycle accident. But in keeping with the theme of New Year's resolutions, here are some actions to definitely skip if the unfortunate strikes and you are injured in a bicycle accident.  A resolution should be one that improves your life in some measurable way, so keep these steps in mind, as they can make a big difference:

Refusing Medical Care Even Though You Are Injured: You're scared. You're injured. The adrenaline is pumping and everything is a blur. People are all around you telling you what to do. You're also in pain. But you are worried about the cost of an ambulance or an E.R visit. You just really want to get home and figure you will be OK soon enough so you skip getting medical attention. The ramifications from this decision range from medical to legal. By not getting medical attention you are risking making a medical situation that was treatable much, much worse by waiting. You also miss the opportunity for your injuries to be documented near the time the injury occurred. This is very important to medical professionals who may provide treatment in the future. From a legal standpoint electing not to take an ambulance or get immediate medical attention causes insurance adjusters and insurance defense attorneys to question the seriousness of the injury. Even though the decision to not seek medical attention had nothing to do with the need for it, the absence of documented injuries at or near the time of the injury will forever cause a "question" in the minds of those that are paid to keep you from getting the compensation you deserve. If there is insurance coverage for the bike accident, the medical bills will most likely be covered that way. And in cases where there isn't insurance and you are unable to pay, most hospitals will consider a waiver of charges through a charitable application.

Hitting Social Media With Details Of Your Crash: Being in a bike accident is a big deal, and like a lot of major events in your life you want to tell your friends about it on social media. Don't. Those same insurance adjusters and insurance defense attorneys will use any small detail that they can find and try to use it against you. We've even heard the argument, "How could they be so hurt if they were still on social media?" This makes no sense because you only need a working thumb and you can post, but that's besides the point. Don't give anyone fuel to try and deny you the opportunity to compensate you for what you've been through. If you want to communicate with your friends and family about how you're doing, do so privately and not in a public forum.

Trying To Handle The Insurance Claim On Your Own: That lady from the insurance company who called you seemed really nice and genuinely concerned for your well being. She said that the insurance company would pay your part of the medical bills and you had nothing to worry about. She just needs to take your statement over the phone oh, and you don't mind if she records it, do you? Well, you have a lot to worry about as this is the oldest insurance company scam in the book. The insurance adjuster doesn't tell you that they will use the recorded statement against you if it is convenient. What that adjuster also fails to mention is that a personal injury claim is made up of more than just your medical bills. You are entitled to be compensated for time lost from work, pain and suffering, loss of a normal life, and other compensable damages under Illinois personal injury law. In addition, if your bike was damaged you can also get compensation for the property damage. Insurance companies spend literally billions of dollars every year fighting claims, you should have someone fighting on your behalf. Our involvement in hundreds of cases has made a large difference in the outcome of the case by getting maximum compensation for ALL the parts of your personal injury case. Insurance companies - fairly or not - treat attorneys differently than they do the injured person. The attorneys at Keating Law Offices work 100% on a contingency fee basis meaning you pay absolutely nothing - zero - unless we successfully resolve your case. We do not accept a single penny from you directly and only get paid directly from the insurance company proceeds when your case is resolved. President Abraham Lincoln may have said it best when he said, "He who represents himself has a fool for a client." You have nothing to lose by contacting the Illinois bike attorneys at Keating Law Offices. All initial consultations are absolutely free and with no obligation. Call or email anytime. We are here to help.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The law firm, which only handles personal injury and wrongful death cases, is based in Chicago, Illinois and represents clients in every county in Illinois. If you have any questions rplease 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 100% confidential and absolutely free and without any obligation.

Chicago, IL Bike Accident Attorneys