Chicago Bicyclist Killed in Collision in North Damen Bike Lane

A 59-year old Chicago bicyclist was killed when the driver of a passing vehicle struck him in the 5100 block of North Damen Avenue in Chicago's Ravenswood neighborhood on Monday night. According to reports, the fatal crash occurred at approximately 8 p.m. This stretch of North Damen Avenue is immediately outside of Amundsen High School and has a clearly marked and designated bike lane.

The bicyclist was riding northbound when he was struck. News reports indicate that the driver of the Volvo motor vehicle was highly intoxicated with a reported .20 blood alcohol level which is two and a half times the legal limit in Illinois of .08.

The Chicago Police Department's Major Accidents Investigation Unit are investigating. Given the location of the crash outside of Amundsen High School there is a strong likelihood that there is video evidence of the crash. Based on the facts as reported, in addition to the issues with intoxication, the driver of the Volvo violated the following sections of the following bicycle laws in the City of Chicago and State of Illinois: 

• Failed to maintain a safe minimum distance of three feet when passing a bicycle, contrary to and in direct violation of 625 ILCS 5/11-703(d);
• Improperly overtook or passed on the left when such movement could not be made without interfering with the safe operation of the vehicle to be overtaken, contrary to and in direct violation of 625 ILCS 5/11-705;
• Operated the vehicle so as to form an unreasonable obstruction to traffic, in violation of Section 9-40-130 of the Municipal Code of Chicago; and
• Operated the vehicle in such a manner and in such a place so as to impede bicycle traffic, traveling in a portion of the roadway marked for the shared use of motor vehicles and bicycles, in violation of Section 9-40-060 of the Municipal Code of Chicago.

The fact that the driver was intoxicated would also be the basis for this to be a "reckless" act and should result in a felony charge by the Cook County State's Attorney's Office. This is based on a provision within the Illinois Vehicle Code (625 ILCS 5/11-703(e) that enhances the penalty for crashes where the bicyclist is seriously injured or killed. Attorney Mike Keating authored legislation that was presented to the Illinois General Assembly to extend the ability of prosecutors to use this law in bicycle crash cases. 

This fatal crash once again raises issues surrounding the lack of a protected bicycle lane as opposed to simply the painted bicycle lane at the location of the crash.

Our most sincere condolences are with the family and friends of the fallen bicyclist. May he rest in peace.

Keating Law Obtains $500,000.00 Settlement for Injured Chicago Cyclist

In the fall of 2020 a Chicago bicyclist went on a ride on a path within a suburban nature area. As the bicyclist was riding along she struck a pole in the middle of the shared path and fell to the ground. The pole was not immediately visible because a sign that was on the pole had fallen off at some point leaving the pole difficult to notice against the trees in the background. The bicyclist suffered fractures to her face and her arm. Keating Law filed a case in the Circuit Court of Cook County and during discovery learned that the entity responsible for the path had no idea when or how the sign fell off and did not make an effort to fix it. 

Attorneys for the entity responsible for the path argued that they had no legal notice of the problem. They also argued that even though the sign fell off, the pole was still "open and obvious." They argued that because no one else had run into the sign, that they were not totally to blame and that the bicyclist should have noticed the pole even if it did not have the sign on it. 

The defense argued that the remaining pole was "open and obvious." The "open and obvious" defense is a common defense used by insurance defense attorneys to try and deflect blame from negligent property owners and deflect it onto injured people. This defense provides that a defendant has no duty to protect against a condition that is both open and obvious. The open and obvious doctrine can be a powerful defense if they can show the court that the defect really was both open and obvious to the bicyclist. 

Keating Law engaged in extensive litigation in the case and hired an expert human factors expert. A human factors expert is someone who can explain how it can be difficult for a person - in this case a bicyclist - to see objects. In this case the human factors expert was able to explain that a dark colored vertical pole amid a background of dark colored vertical trees would be essentially camouflauged and difficult for anyone to notice. After three years of litigation the matter was resolved in a mediation with a retired judge as a trial in the Circuit Court of Cook County was approaching. Prior to the mediation there was no offer at all to resolve the case. 

This settlement will allow the injured bicyclist funds to cover all of their medical treatment, cover their loss of a normal life during their recovery, and help them have a foundation to move forward with their life in the most positive way possible. This was a very deserving client and it was an honor to represent them during this difficult time.