Vigil to Be Held for Isaac Martinez, a 13-year Old Cyclist Killed In A Hit And Run

Tragedy has again struck the family of a Chicago cyclist. This time the tragedy is compounded by the fact that the bicyclist was a 13-year old boy. On Sunday, June 28th, a driver struck Isaac Martinez while the boy was riding his bike in the Southwest Side neighborhood of Ashburn. The crash occurred around 6:50 p.m. when it was still daylight on that summer evening. 

According to reports, Isaac was riding his bicycle southbound on South Lawndale Avenue when he was struck by a work van travelling in the same direction. Family members were nearby at the time of the crash. Disturbingly, the driver of the work van then fled the scene. The driver was later arrested based on local surveillance video and arrested. 

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

According to news reports based on the police's investigation, the driver struck the bicyclist from the rear. 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.  

Illinois Laws Require Drivers To Give Aid To Injured Bicyclists

It is also 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, especially given the age and vulnerability of the victim in this matter.

The legal issues aside, our sincere thoughts and prayers are with the family of Isaac Martinez. A vigil will be held tonight at the intersection of Columbus Avenue and South Lawndale Avenue from 6:00 p.m. to 8:00 p.m. A "human protected bike lane" was held yesterday. 

Chicago Cyclist Critically Injured in Right Hook Crash with City of Chicago Truck

A female Chicago bicyclist was struck by a City of Chicago as she turned from Milwaukee Avenue onto Belmont in the Avondale neighborhood. This tragically appears to be yet another "right hook" collision involving a Chicago bicyclist and a commercial truck. Most troubling is the fact that the truck was a City of Chicago Department of Transportation dump truck. 

A "right hook" where a vehicle turns right across a bicyclist to the right of the vehicle is always illegal in the city of Chicago. The action by the truck driver in this instance is most concerning because there is a street sign posted just before the intersection of Belmont and Milwaukee that provides that bicyclists and buses may use the right lane even if they aren't turning. 

Milwaukee Avenue and its well known and utilized bike lane is to the right hand side of the roadway where it appears this bicyclist was correctly riding. Illinois law requires bicyclists to ride as close as possible to the right-hand curb in situations like this. Section 11-1505 provides as follows:

Sec. 11-1505. Position of bicycles and motorized pedal cycles on roadways - Riding on roadways and bicycle paths. 

(a) Any person operating a bicycle or motorized pedal cycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway except under the following situations: 

1. When overtaking and passing another bicycle, motorized pedal cycle or vehicle proceeding in the same direction; or 

2. When preparing for a left turn at an intersection or into a private road or driveway; or 

3. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, motorized pedal cycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this subsection, a "substandard width lane" means a lane that is too narrow for a bicycle or motorized pedal cycle and a vehicle to travel safely side by side within the lane; or 

4. When approaching a place where a right turn is authorized. 

(b) Any person operating a bicycle or motorized pedal cycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable. (Source: P.A. 97-813, eff. 7-13-12.)

The collision occurred when the truck turned right across the bicyclist as the truck turned from Milwaukee onto Belmont. This is what is known as a "right-hook" collision. In Chicago, the Chicago Municipal Code addresses this scenario. Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles. The infographic at the bottom of this post details right-hook and left-hook bicycle crashes. 

The City of Chicago's own ordinance states:

“When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.” 

It is important to note that just because this is a City of Chicago vehicle the driver is required to adhere to all of the rules of the road and posted traffic signs just like any other driver. City of Chicago employees are NOT immune from the law. 

As an attorney who focuses my practice on representing victims of bicycle crashes, right-hook collisions are unfortunately very common. The reason that these types of crashes are so common is simple: the motorist does not see the bicyclist even though they have the opportunity to do so. The motorist typically makes the turn without ever checking for other traffic - including bicycles - when making the turn and the collision occurs. 

The key words in the ordinance are "until such vehicle has overtaken and is safely clear of the bicycle." The weight of these words are that it is incumbent upon the motorist to make absolute certain that the path is clear before turning. In addition, the motor vehicle involved in this situation is the type of truck that is utilized in a professional capacity. Drivers of such vehicles are required to meet a higher duty to make sure they are driving safely at all times.

In Illinois the failure of a motorist to adhere to the Illinois Rules of the Road and the Chicago Municipal Code. In cases such as these where the operator of the truck was driving in the "course and scope" of their employment, the legal principle of respondeat superior applies. This legal principal means that the City of Chicago is also responsible for the acts - including the failures - of its employee.

Our sincere thoughts and prayers are with the cyclist and her family and friends. 

Waukegan Police Search For Vehicle Involved in Fatal Hit-and-Run of Bicyclist

A man cycling in north suburban Waukegan was fatally struck this past Thursday at the 3600 block of North Lewis Avenue, local news sources report. Officers were called at around 11:30p.m. and arrived to find an injured man lying on the road. After being transported to the hospital, he was pronounced dead. Investigators believe the man is in his 20s or 30s, was riding his bicycle and was struck by a dark-colored sedan.

A survey of the area shows that it is a busy stretch, with Wesley Free Methodist Church and a Travelodge Hotel along the route. It is uncertain on where along Lewis Avenue the man was struck, however aside from lighting of local businesses, Lewis Avenue does not have any city street lighting, and only a sidewalk on the western side of the road.

Notwithstanding the fact that a man was killed due to a hit-and-run, Section 11-403 of the Illinois Motor Vehicle Code states the duty that exists for a driver to give information and provide aid, to any person who has been injured due to their conduct:

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, …. and 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 a 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.

If none of the persons entitled to information pursuant to this Section is in condition to receive and understand such information and no police officer is present, such driver after rendering reasonable assistance shall forthwith report such motor vehicle accident at the nearest office of a duly authorized police authority, disclosing the information required by this Section.

Any person failing to comply with this Section shall be guilty of a Class A misdemeanor.

Additional to violating Section 11-403, a hit-and-run in Illinois; a person who flees the scene of an accident resulting in personal injuries or death, is also in violation of Section 11-401. This section requires that a driver “remain at the scene of the accident until the requirements of section 11-403 have been fulfilled.” Failure to comply with this section and 11-403 will open up a driver to at least a Class 4 felony and if resulting in death, a Class 1 felony. Both classes mean prison sentences, in this case a hit-and-run resulting in death will carry a possible prison sentence of between 4 to 20 years and a fine of up to $25,000.00.

A loss and tragedy such as this is unfathomable and our thoughts and prayers are with the friends and family of this man. Waukegan police urge anyone with information to call 847-599-2630.