Illinois Bicyclist Killed in Crash with SUV in Hoffman Estates

Southbound Gannon Drive at Golf Road in Hoffman Estates, Illinois

Michael Schoop of Hoffman Estates has died as a result of injuries he sustained on Wednesday when the driver of an SUV did not yield the right-of-way to the bicyclist when the driver exited an access road. According to a report in the Chicago Sun-Times, Michael Schoop was riding his bicycle southbound on Gannon Drive just south of the intersection with Golf Road in Hoffman Estates. As the bicyclist road southbound on Gannon Drive, the driver of an SUV exited what the report refers to as an "access road" and the collision with the bicyclist occurred. 

Images of the location, however, do not show any "access road" and instead depict parking lots to area businesses that have entrances to Gannon Drive. According to Illinois law, the driver of a vehicle exiting a parking lot has the duty to yield to oncoming traffic when exiting. A bicycle, as a "vehicle" under Illinois law, is "traffic." 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)

In January of 2017 "Dennis' Law" went into effect that specifically clarified Illinois law that bicyclists are entitled to all of the "rights," including the right-of-way, as a motor vehicle. Keating Law Offices represented the family of Dennis Jurs in their wrongful death action and were instrumental in the passing of the "Dennis' Law." That fatal crash occurred when a motorist did not stay stopped at a stop sign and instead drover directly into the path of Dennis Jurs who was riding on a road that had no traffic control signals and was supposed to have the right-of-way. 

Mr. Schoop was a resident of Hoffman Estates. He passed away Friday as a result of his injuries in this crash. This is an incredible unfortunate crash that may have been preventable. Instead a bicyclist has lost his life. Our most sincere thoughts and prayers are with the family and friends of Michael Schoop. May he rest in peace. 

Glen Ellyn Police Request Help In Identifying Hit-and-Run Driver Who Injured Bicyclist

On June 15^th, a 52-year-old woman was struck in a hit-and-run collision in west suburban Glen Ellyn. The bicyclist was riding near the intersection of Bryant Avenue and Hill Avenue around 8:30 p.m. when the motorist struck her from behind. The driver then fled the scene. Glen Ellyn Police are asking for the public’s help in finding the hit-and-run driver, whose car is described as a gray/silver SUV or van with multiple bumper stickers. 

If anyone knows any information about the collision, you are encouraged to call the Glen Ellyn Police Department at 630-469-1187. Keating Law Offices attorney Mike Keating is a native of Glen Ellyn where he attended Glenbard West High School and grew up not far from the crash scene. 

Key Steps To Follow If A Victim Of A Hit-and-Run

Based on the facts reported, the driver involved in this bicycle crash violated many of the Illinois Rules of the Road. The fear of knowing they were in the wrong is the motivation behind many drivers fleeing. Regrettably, hit-and-run collisions are a reality and it is important to protect yourself in such a scenario, especially if you are a bicyclist. Bicycle accidents are very sensitive and often more challenging than cases involving just motor vehicles. Therefore, any bicyclist that was hit by a motor vehicle, even one that fled, has rights and should protect them by ensuring a few things:

• Even if the at-fault driver has fled the scene, it is essential to still file a police report. Police resources will greatly increase your chances of identifying and locating the hit-and-run driver. Additionally, when it comes to filing a claim, an insurance company providing uninsured motorist coverage will almost always require that an investigation was initiated in an effort to identify the at-fault individual.
• Taking care of yourself and your health is the most important thing after any type of injury. Likewise, it is crucial that you seek medical attention immediately following the collision, as there need to be records and documentation of the injuries, in order to be able to recover later.
• Lastly, identifying any potential witnesses to the collision and taking down their contact information is key. Individuals who were present at the collision scene might not only be able to help identify the fleeing motorist, but they can also help with identifying what exactly happened during the collision.

Illinois Laws Require Drivers To Give Aid To Injured Bicyclists

It is the law in Illinois for drivers to render aid to an injured bicyclist. Drivers in Illinois who are involved in a crash are legally required to:

• Stay at the scene of the crash long enough to provide the injured party with their information; and
• If necessary or if requested to arrange for medical care for the injured bicyclist. 

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."

Beyond the law, there is a fundamental human need for all users of the roadways to assist one another. The act of a hit-and-run is indefensible. The driver involved in this crash should face certain justice.  

Illinois Bicyclist Leland DeBord Killed While Biking to Work

27-year old Leland DeBord was riding his bike to work along I-74 in Moline when he was struck by a motor vehicle. This impact propelled him from his bicycle over the railing and onto I-280. Mr. DeBord died as a result of his injuries. The collision happened early Friday morning. 

Mr. DeBord's family members remember him as a hardworking and loving father. In an article by Elizabeth Wadas of WQAD in the Quad Cities family members said that Mr. DeBord's car recently broke down. Undeterred by this and knowing he needed to get to work to help provide for his children, he was bicycling to work at the time of the fatal crash. 

Illinois bicycle laws provide that all bicyclists in Illinois have the same rights as motorists to the roadway. In addition, they are entitled to certain protections from motor vehicles. Illinois law requires motorists to provide at least three feet of room between their vehicle and a bicycle when passing the bicyclist. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This law states:

(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.

In Illinois, the family of a person who dies as the result of an accident can pursue legal actions against the parties responsible. Under Illinois law, the family of a person who dies as a result of alleged negligence can bring a case under the Wrongful Death Act and the Survival Act. The Wrongful Death Act allows the family to make a claim for the loss of the family member and everything that family member provided to them, including the loss of their presence in their lives. Under the Survival Act the family may make a claim for the material losses such as medical bills and the pain and suffering the family member experienced prior to their death. 

Our thoughts and prayers are with the family and friends of Leland DeBord, but most especially his children at this time. This is another tragic reminder of the dangers that Illinois bicyclists face when using the roadways in Illinois. 

Caledonia, Illinois Bicyclist Killed in Crash with Pick-Up Truck Operated by a 16-year Old Driver

A Caledonia, Illinois woman lost her life when she was struck by a pickup truck while riding her bicycle earlier this week. Deborah Wright, 49 years old, was riding her bicycle eastbound on Harlem Road near Keeneland Place, in the far right side of the lane, when a 16-year old pickup driver struck her. Mrs. Wright was making her way to Rock Cut State Park, a trail that she biked to three to four times each week, according to her husband. The teen driver has not been charged or ticketed regarding this collision as of yet; however, the accident remains under investigation. Mrs. Wright was married with a husband and three daughters. Our sincere prayers and thoughts are with the Wright family.

As of January 1^st of this year, “Dennis’ Law” went into effect, which provides ALL bicyclists with greater protection under Illinois traffic laws. Keating Law Offices attorney Mike Keating represented the Jurs family in their wrongful death lawsuit and was instrumental in the passing of the legislation. Dennis’ Law makes it clear that bicycles are considered vehicles, which means that all traffic laws using the term “vehicle(s),” apply to bicycles as well. One of the most important aspects of this new law is the clarification that motor vehicles and bicycles receive the same rights on the road in right-of-way situations. A very common collision scenario involves motor vehicles that collide with bicyclists at intersections because they do not yield to the bicyclists right-of-way, even though they should. Therefore, this law will help make the roads safer for bicyclists, in addition to holding motor vehicle drivers accountable for failing to yield to bicyclists who have the right-of-way. 

Illinois has an average of 20-30 bicyclist deaths per year, so Dennis’ Law is an important and positive step toward improving protection offered to bicyclists. Another example of a law that helps to protect bicyclists is Section 11-1003.1 of the Illinois Vehicle Code. This section provides, in part, that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle.” The broad intent of this law is to recognize that bicyclists are vulnerable users of the roadway and are at great risk if involved in a collision. 

Chicago Bicyclist Killed In Crash With Car on West Side

100 Block of North Homan Avenue

Louis Smith, a 56-year-old Chicago bicyclist, was killed in a bicycle vs. motor vehicle crash late Monday evening in East Garfield Park. According to reports, Mr. Smith was riding north on Homan Avenue while the car, a Chrysler 200, was traveling the opposite direction on the same street.

According to Chicago Police and the Cook County medical examiner’s office, Mr. Smith swerved his bicycle into the vehicle, whereby he was fatally injured. Mr. Smith was rushed to Mount Sinai Hospital following the collision, but unfortunately, he was pronounced dead within the hour. The crash remains under investigation by the City of Chicago Police Department Major Accidents Investigation Unit. Investigations by MAIU can take days or even weeks before their findings are released. 

Although no citations have been issued, it is essential to keep in mind the responsibility that all drivers have regarding road safety. The Municipal Code of Chicago has established many laws to protect bicyclists. Specifically, Section 9-40-160 of the Municipal Code of Chicago provides:

9-40-160 Drivers to exercise due care - 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 and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway.

Click here for additional provisions of the Municipal Code of Chicago that encourage bicyclist safety. The Illinois Bicycle Lawyers often rely on the Municipal Code of Chicago as well as the Illinois Vehicle Code to obtain favorable settlements and verdicts for injured bicyclists. Road safety is important for everyone, but it is especially important for bicyclists, as bicycles do not possess all of the same protections that a motor vehicle does. Bicycle vs. motor vehicle crashes are an unfortunate reoccurring reality, so it is important to ensure that all riders and drivers are aware of the rules of the road and their rights for when such an unfortunate event occurs. Our thoughts are with Mr. Smith’s family; may he rest in peace. If you have any questions regarding bicyclist’s rights, please do not hesitate to reach out to us.

This is the second death of a Chicago bicyclist in 2017. Early this year, 34-year old Chicago bicyclist Jezniah Smith, was killed while bicycling on Division Street in Humboldt Park. Keating Law Offices represents the family of Jezniah Smith in a wrongful death action against the driver involved in that crash.