Chicago Boy Killed in Collision with Modified Truck Driven by Chicago Police Officer

A Chicago police officer tragically ran over and killed a 9-year old Chicago boy who was crossing the street on his bicycle. Chicago is in shock over one of the most tragic deaths of a Chicago bicyclist in the city's history. Beyond the massive tragedy, the death of 9-year old Hershel Weinberger in West Rogers Park stands out for many reasons: the young age of the victim, the vehicle involved and the status of the driver of the vehicle.

According to an interview with the father of the boy, Shamai Weinberger, to the Chicago Tribune, young Hershel Weinberger was riding his bicycle home from a friend's house. As Hershel was riding eastbound he crossed the intersection of West Chase Avenue and North Sacramento Avenue. This intersection is notable because it is a four-way stop with both stop signs at every corner and crosswalks across all four crossings at the intersection. So there was both a clear traffic control device in the form of a stop sign and a clearly marked crosswalk notifying drivers twice that they must stop at the intersection.

Chicago Police Officers Held To Higher Standards

Despite the requirements that drivers stop at stop signs and stop for anyone in a crosswalk the driver of the Toyota Tundra did not stop and struck the boy. This is a senseless and preventable act in any situation but is even more shocking because the driver was an off-duty Chicago Police Officer. All drivers are required to follow the Rules of the Road as found in both the Illinois Vehicle Code and the Chicago Municipal Code. 

Beyond this, a Chicago Police Officer is required to "serve and protect." The Mission Statement of the Chicago police department is "To serve our communities and protect the lives, rights, and property of all people in Chicago." The "Core Values of the Chicago Police Department" explicitly state that Chicago Police Officers are a part of a "highly trained profession" and that they are to conduct themselves in a consistent manner both on and off duty. 

Violations of Chicago and Illinois Traffic Laws

News reports indicate that the driver was cited for failure to "exercise due care." In Chicago this is a violation of a general provision applicable to all drivers. It is unclear why the Chicago Police Department would not cite the driver for failing to stop at the stop sign and failing to stop at the crosswalk. It is possible that upon reviewing the case that the Cook County State's Attorney's Office could file additional charges. 

The basic facts of the case suggest that there were additional violations of the Illinois Vehicle Code:

• Section 11-1003.1 states: “[E]very 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 power and shall give warning by sounding the horn when necessary . . . .”
• Section 5/11-1002(e) states: “Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.”
• Section 11-904(b) requires drivers approaching a stop sign to come to a complete stop before entering a crosswalk at an intersection and to yield to the right-of-way of any vehicle that has entered the intersection.
• Section 11-601 requires drivers to reduce the speed of their vehicle to avoid a collision.

Children Expected to Ride on Sidewalk

This young boy was clearly the victim and played no role in what occurred. In Chicago a child under the age of 12 may permissibly ride their bicycle on the sidewalk. This law exists for the sole purpose of providing children a safer place to ride than the roadway. 

Any bicyclist crossing on a crosswalk is also considered a "pedestrian" under the circumstances. Section 5/11-1512(c) of the Illinois Vehicle Code specifically provides that, “A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.”

Truck Involved Aggressively Modified

The Toyota Tundra involved was not a typical passenger vehicle. In fact, the vehicle is not even a typical Toyota Tundra. The Chicago Police Officer was driving a heavily modified Toyota Tundra pick-up truck. A Toyota Tundra is a very large pick-up truck to begin with weighing over 5,000 pounds - in other words the truck weighs over two and a half tons. Video of the truck shows several obvious modifications. 

First the truck has a "lift" which is the terms used when additional suspension is added to the vehicle so that it can ride over terrain more easily and in the process literally raises the height of the vehicle. Images from news video from the scene shows that persons standing next to the vehicle, even a person standing on the curb, were not as tall as the roofline of the truck. The truck's lift is so extreme that it is outfitted with "step bars" because otherwise the truck is too big to climb into. Second, the vehicle is outfitted with knobby oversized tires such as those typically found on vehicles utilized for off roading. Third, the truck has a "bully bar" which is typically found on police and military vehicles that are used to push objects with the front of the vehicle. 

This truck was modified in a way that is suited only for off-roading in difficult terrain. This is not a vehicle that serves any reasonable purpose on residential streets in a quiet part of Chicago. 

A Senseless Loss

This tragic death could have been prevented on many levels. The simple act of following the Illinois and Chicago vehicle laws - the very laws the officer swore to uphold - would have prevented this death. In addition the sheer size and aggression of this vehicle created a nightmare scenario that may not have unfolded the same way if it was even a modest passenger vehicle. 

Victim of Right Hook in Des Plaines Bike Lane Receives $405,000.00 Settlement

A Chicago bicyclist received a $405,000.00 settlement for injuries he sustained in June of 2018 when he was injured in a "right hook" crash. The driver involved in the crash claimed that she never struck the cyclist and that the cyclist was in large part to blame for the crash. However, an investigation and legal analysis by Keating Law Offices showed that the cyclist was in no way at fault and responsibility for this crash was 100% on the driver and her insurance company. 

Just before the crash the bicyclist was riding his bicycle in the designated shared bike lane northbound on North Des Plaines Street. The cyclist is a very experienced cyclist who was very familiar with the area. The photo above shows the green bike lane and sharrow on Des Plaines as it approaches the intersection of Des Plaines, Milwaukee and Kinzie. At the same time the driver was moving northbound on North Des Plaines Street near its intersection with West Kinzie Street. 

As the driver approached Kinzie she quickly turned right across the green bike lane. The driver never checked for the cyclist and turned right in from of him and caused him to crash. The cyclist struck the vehicle and then flew over his handlebars and crashed onto the road way. 

The presence of bicyclists in this area could not be more obvious. The Des Plaines bike lane is literally painted green and there was a sharrow next to the bike lane. This location is mere feet from where the bike lane intersects with the Milwaukee Avenue bike lane and the Kinzie Street bike lane. Bicyclists routinely flood this intersection and there is no reason to think that was any different than at the time of this crash in the middle of the day in June.   

The driver also violated provisions of the Municipal Code of Chicago and the Illinois Vehicle Code in making this illegal "right hook" turn into the cyclist. 

• Section 9-16-020(f) of the Municipal Code of Chicago is the "Right-Hook Law." It states that “When a motor vehicle and a bicycle are traveling in the same direction on any 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 until such vehicle has overtaken and is safely clear of the bicycle.” (See also 625 ILCS 5/11-1003.1 of the Illinois Vehicle Code.)
• Section 11-804 of the Illinois Vehicle Code also states that, “No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway or otherwise turn a vehicle from a direct course or move right upon a roadway unless and until such movement can be made with reasonable safety.” (625 ILCS 5/11-804). 

The cyclists suffered broken ribs, a punctured lung, and a fractured vertebrae in his back. The injuries required him to miss several months of work and endure lots of doctors visits and physical therapy. Fortunately, the cyclist is charging forward with his life and his career and this substantial settlement will help him as he moves forward. 

The cyclist originally tried to handle the case on his own until a co-worker recommended bicycle law attorney Mike Keating. Keating Law Offices filed a case in the Circuit Court of Cook County and secured this settlement in a Pre-Trial Conference with a Cook County trial judge. This settlement was completed within months of the case being filed and even with the delays caused by the courthouse being physically closed. 

News Story Profiles Keating Law Offices Employees As Part of Story on "Winter Warrior" Biking

Today is the 14th Annual "Winter Bike to Work Day." DNAinfo Chicago recently posted an informative article by Alisa Hauser, who interviewed Chicago “Winter Warrior” bicyclists willing to share survival tips while cycling throughout the Windy City even in the midst of winter. The article features Keating Law Offices very own attorney, Michael Keating, and administrative assistant, Hannah Zenke.

According to Ms. Hauser’s article, Active Transportation Alliance estimates that 8,000 people use a bike to commute in Chicago during the winter, including KLO’s Hannah Zenke. Hannah commutes 10 miles daily from her home in Logan Square to Downtown. Hannah really enjoys biking for both her mental and physical health.

“It’s a way to beat the seasonal depression, it’s totally a real thing…Exercising in any way shape or form will release serotonin. You get a good feeling afterward. Just the fact you are a winter warrior and you made it to work, it’s a high-five, it makes you feel like a badass,” Hannah told DNAinfo Chicago.

Hannah stays warm while biking by wearing a wool onesie underneath her clothes, Pearli Izumi tights, two pairs of gloves, a face buff, and goggles to keep the snow out of her eyes.

Section 9-52-045 of the Municipal Code of Chicago requires that:

 “a bicyclist upon the roadway or upon any public path set aside for the use of bicycles shall give hand and arm signals in the following manner:

1. Left turn, left hand and arm extended horizontally;

2. Right turn, left hand and arm extended upward, or right hand and arm extended horizontally;

3. Stop or decrease speed, left or right hand and arm extended downward.”

If Chicago cyclists want to feel good while surviving as a winter warrior like Hannah does, her pro tip to fellow cyclists is to wear layers. While you layer up for Chicago’s snowy winters, keep in mind that you may want to wear some reflectors on top of your layers, that way motorists can see your hand and arm signals that are required by Illinois law.

The Illinois Vehicle Code states that any person operating a bicycle 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 (iii) when reasonably necessary to avoid conditions. 625 ILCS 5/11-1505.

Because of winter weather conditions in Chicago, cyclists may find themselves traveling at a lesser speed than what they are normally used to during the hot, sunny summer days. This Illinois law takes into consideration that there may be certain conditions that prevent cyclists from biking as close and safe to the right-hand curb as possible while traveling at a speed less than the normal speed of traffic.

Attorney Michael Keating of the Illinois Bicycle Lawyers at Keating Law Offices told DNAinfo Chicago his biggest concern in the winter months is that drivers don’t expect to see cyclists on the road. The road is narrower due to snow removal and cyclists do not have as much room.

Section 9-36-010 of the Municipal Code of Chicago requires that the operator of a motor vehicle overtaking a bicycle traveling in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle and shall maintain that distance until safely past the overtaken bicycle. This law is often referred to as the "3-Foot Rule."

With the narrowness of roads due to snow removal, it makes it much more difficult for motorists to comply with Section 9-36-010, thus making the roads less safe for bicyclists. That is why Attorney Keating describes cyclists who bike, regardless of the weather conditions, as committed. “It is part of their life, who they are, and they are committed to moving by bike. We have hot summers and cold and snowy winters and those that ride every season reflect just how committed they are.”

Illinois Vehicle Code requires that “every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.” 625 ILCS 5/11-1507 (a).

So, when riding a bicycle at night in Illinois, cyclists must have a white light equipped on the front of their bicycle with a light visible from a distance of at least 500 feet. In addition to that front light, the cyclist must have an approved red reflector on the rear of his or her bike that is visible from 100 to 600 feet by a car with its headlights on. In addition to the red reflector and if the cyclist chooses, a red light may also be equipped on the bicycle’s rear with a light visible from a distance of 500 feet. Attorney Keating suggests that cyclists use as many lights as possible because visibility is very poor during Chicago’s winter months. A headlight will give cyclists a greater visibility while riding, making your ride home compliant with Illinois law and much safer. 

Although Chicagoans know the frigid temperatures, wind chills, and snow and ice storms that so often happen during the winter months here in Chicago, the key to staying safe and warm as a cyclist is to layer clothing, be a defensive cyclist, and follow the regulations provided by Illinois law.
 
If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@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.