Illinois Bicyclist Loses Life In Crash With Semi-Truck in Mahomet, Illinois

A bicyclist has lost their life as a result of injuries sustained in a collision with a semi-truck near  Mahomet, Illinois in Champaign County. According to reports, David Powell was killed when he was struck by a semi-truck driver who failed to provide the legally required distance when passing the bicyclist. The crash occurred on Friday around 9:30 a.m. when 46-year old David Powell was bicycling northbound on Illinois 47. This roadway is frequently used by bicyclists as it is just north of the Lake Of The Woods Bike Path. The roadway is one way in each direction. At the same time Roman Sydoruk, a 41-year old semi-truck driver from Michigan City, Indiana, was also travelling northbound on Illinois 47. 

"Improper Passing" of a Bicyclist: The 3-Foot Rule

As the driver came upon the bicyclist the collision occurred. According to news reports, the driver claims that he attempted to pass the bicyclist but struck the bicycle. Regardless of intended action, if there was contact between the semi-truck and the bicyclist then there was a violation of the "3-Foot Rule" which is based on 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.

The 3-Foot Rule is often misconstrued as requiring just three feet at the moment of passing on a roadway. The Illinois vehicle law actually requires a minimum of 3 feet between the bicycle and the motor vehicle when the motorist passes the bicyclist. In addition, the driver must maintain a distance of at least three feet until the motorist is "safely past" the overtaken bicyclist. The driver in this tragic case was ticketed for improper passing. 

Illinois and Federal Laws Address Duties of Truck Drivers

There are specific state and national laws that apply to drivers of commercial trucks. The drivers of commercial trucks are expected to be professionals and drive with the utmost care. These drivers are typically required to carry a Commercial Drivers License (CDL). These rules and regulations exist not just in state and local laws, but also in federal regulations. Here are some of the key laws that apply to a bicycle crash of this nature:

• 49 C.F.R. Section 383.111 of the Code of Federal Regulations requires a professional driver to recognize and avoid potential hazards at all times.
•  Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact. 

A Loss of A Life

Often lost in the details of news stories is the person who lost their life. David Powell was an experienced cyclist and very involved in the Champaign-Urbana road cycling community. The loss of David is more than a news story and certainly more than a statistic. Our thoughts and prayers are with the family and friends of David. May he rest in peace. 

Deer Park, Illinois Driver Identified and Charged in Fatal Hit-and-Run Bike Collision in Barrington, Illinois

Nearly two years after a driver struck and killed an Illinois bicyclist, the driver who originally fled the scene is facing the criminal justice system. According to news reports, the Barrington Hills police department along with the Major Crash Assistance Team of Lake County located and identified the driver of a hit-and-run fatal bicycle collision that took place in Barrington Hills, Illinois on May 11, 2018. 

28-year old Rafal Ryndak of Schiller Park died as a result of injuries sustained in the crash. The driver has been identified as Tommy Walker III. With assistance of the Cook County’s states attorney’s office, Tommy Walker III was charged on Wednesday, April 1, 2020 with leaving the scene of an accident involving death. At this time there is no information as to whether additional charges related to the fatal crash are pending.

Illinois Law Requires Drivers Involved In Bike Crashes to Stay at Scene

Illinois law provides that a motorist has a responsibility under the law to stay on the scene of a crash. Back on May 11, 2018 around 10:00 p.m. bicyclist Rafal Ryndak, 28 of Schiller Park was riding his bicycle home. Rafal was riding on Route 59 just south of Route 68 in Barrington Hills, Illinois when the fatal crash took place. There are no reports as to the direction of travel of the motor vehicle at the time of the crash. However, witnesses reported the driver fleeing the scene. When Barrington Hills police arrived on scene, Rafal was tragically found to be unresponsive and was pronounced dead at the scene. 

In addition to however the crash took place, drivers in Illinois who are involved in a crash are also legally required to:

1) Stay at the scene of the crash long enough to provide the injured party with their information; and

2) 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."

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."

Rather interestingly, in 2011 the law regarding hit-and-runs in Illinois was amended to allow the motorist to avoid prosecution for the hit-and-run by notifying the authorities within a half hour of the accident or within a half hour of being discharged from the hospital for an injury or incapacitation suffered in the crash. 

Section 11-401(b) of the Illinois Vehicle Code provides as follows:

"Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of (staying at scene requirements)."

There is no reasonable excuse for a hit-and-run. Illinois law provides reasonable requirements for drivers who have been involved in a crash to stay involved. Even in instances where the driver is injured, there is still a window of time to legally report the crash.

Another Fatal Crash Involving an Illinois Bicyclist

Our thoughts are with the family and friends of Rafal Ryndak. In addition to the massive loss involving in his wrongful death, there is also the tremendous insult of the driver not following the law and taking responsibility for his involvement in the crash. Not only did the driver not stay on the scene, but left behind a bicyclist who was fatally injured. Illinois law, let alone common decency, provides that we help those who have been injured. Rest in peace, Rafal. 

Underinsured/Uninsured Motorist Insurance Coverage: One-Way Bicyclists Can Provide Certainty In Otherwise Uncertain Times

Illinois Governor JB Pritzker has announced that his Executive Order or what is otherwise known as the “Stay In Place Order” will continue through April of 2020. At this juncture, it is fair to say the economic effects of the COVID-19 pandemic remain largely unknown. Looking at the short-term, there stands to be financial impacts on most Illinois residents and businesses. The anxiety surrounding one’s personal expenses will continue to rise the longer the uncertain financial times remain. As financial stresses persist, the risk increases substantially that Illinois motorist’s insurance premiums will go unpaid causing policies to lapse. Even worse, is the possibility that some Illinois drivers may fail to purchase auto insurance at all despite the legal requirement to do so in order to drive a motor vehicle.

One-way Illinois bicyclists can guarantee protection, should they become a victim in a motor vehicle collision with a driver that has no insurance, is by carrying what is called Uninsured and Underinsured Motorist coverage. Insurance companies often refer to this as "UM/UIM" coverage. Uninsured Motorist Coverage is insurance that can be purchased through an insurance company that protects a person even if the other person who caused the accident did not have insurance. In other words, you are buying insurance as a "safety net" in the event the driver who caused a crash has no insurance. 

Even before the COVID-19 fallout, some estimates place the number of uninsured drivers in Illinois at one in five drivers. The exact number is difficult to track because drivers not only do not have insurance, but do not even have licenses. But it could mean that 1 in every 5 drivers on the roads does not have insurance. 

There is a similar and related type of insurance called Underinsured Motorist Coverage, which provides additional insurance coverage when the at-fault driver did not have enough insurance. Underinsured Motorist Coverage frequently comes into play when the driver who caused a crash has insurance, but only the minimum legally allowed of $25,000.00. For example, let's say a claim is worth $50,000.00 and the driver who caused the crash has $25,000.00 in insurance

It is important to note that even though the Uninsured Motorist claim is placed with the injured persons own insurance company, there is no guarantee that the insurance company will treat the injured individual any different than any other "claimant." Insurance companies make money by collecting more in premiums than they pay out in claims. "A claim is a claim" to many insurance companies and unfortunately there is a fight to obtain a fair resolution under the terms of your own insurance policy.

If you carry auto insurance, you can check the amount of Underinsured or Uninsured Motorist Coverage you carry by checking your "Declarations Page" if you have it, by checking an insurance account with online access, or simply calling your broker. If you do not carry auto insurance, you can always ask a friend or family member to add you as an "insured" under their policy for this purpose. In these unprecedented times, we must do all we can to protect ourselves and alleviate any unexpected financial obligations. 

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact the firm at 833-CALL-KLO (833-225-5556) or email Info@KeatingLegal.com. The firm's staff is currently working and are available for phone calls, video chat, e-mail or other communication if necessary. All e-mails and phone calls will be promptly returned, and all initial consultations are confidential and free. Please know that we are here to help, contact us anytime.