Attorney Michael Keating Profiled On Channel 2 News Story on Bike Lane Dangers

Chicago, Illinois Bicycle Litigation Attorney Michael Keating

Attorney Michael Keating was profiled in a Channel 2 News Investigation regarding the dangers facing Chicago bicyclists in the city's bike lanes. This special investigative report by report Dave Savini was broadcast in the aftermath of the deaths of Anastasia Kondrasheva and Lisa Kuivinen. Both of these Chicago bicyclists were killed while riding in marked bikeways in the city.

Anastasia Kondrasheva lost her life while riding on the North Damen bikeway and Lisa Kuivinen was killed after a collision on the Milwaukee bike lane. In another tragic similarity, both of these death involved commercial vehicles that were turning at the time of their deaths. These deaths also occurred in the midst of a tragic spate of deaths of bicyclists in Chicago as a result of collisions with motor vehicles.

Attorney Michael Keating of Keating Law Offices is a national leader in the area of bicycle litigation. The firm has successfully represented hundreds of personal injury and wrongful death cases throughout Illinois. He serves as the Chair of the Bicycle Litigation Committee for the national trial lawyers association, the American Association for Justice.

Chicago Bicycle Accident Victim Receives Settlement for Personal Injury Case

The Illinois Bicycle Lawyers at Keating Law Offices have obtained a substantial insurance settlement on behalf of a local student and restaurant employee for injuries he sustained when he was struck by a car at the intersection of North Racine Avenue and West School Street in Chicago’s Lakeview neighborhood.

Bicycle Crashes Frequently Lead To Injuries

The bicyclist was traveling eastbound on West School Street at the time of the crash, heading to his job as a bartender and waiter at a popular restaurant in the Lakeview neighborhood. The collision occurred when the driver attempted to accelerate northbound through the intersection of North Racine Avenue and West School Street and collided directly into the bicyclist’s entire right side.

The bicyclist was physically crushed due to the force of the impact. This collision knocked the bicyclist off of his bike and threw him to the ground. Before hitting the ground, the bicyclist instinctively put out hand and the impact broke his wrist. Due to the severity and speed of the crash caused by the driver, the bicyclist suffered what doctors refer to as an acute, comminuted intra-articular fracture of radius bone in the right wrist.

Chicago Bike Law Requires Drivers To Drive Carefully Near Bicyclists

Chicago's Municipal Code makes moves like the one by this driver illegal. Chicago generally requires all motorists to "exercise" due care around bicyclists. Here is the language of the ordinance regarding a driver's responsibility to "exercise due care":

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…

Chicago, Illinois Bike Law Attorneys

As a result of the attorneys at Keating Law Offices protecting the rights of bicyclists in Chicago and throughout Illinois, we were able to demonstrate to the insurance company for the at-fault driver that this was a significant claim. Ultimately, this insurance settlement compensated the injured bicyclist for all of his medical bills, lost wages from having to miss work, pain and suffering, and loss of a normal life from being unable to use his right wrist for a number of weeks. This out-of-court settlement allowed this claim to be resolved without lawsuit and still for the optimal outcome for the bicyclist.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email Mike@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.

Chicago Bicyclist Killed in Hit-and-Run - Police Searching for Dark Colored Mini-Van

Viaduct on West Division Street where Chicago Bicyclist, Aimer Robledo, was the victim of a fatal hit-and-run crash.

30-year old Aimer Robledo was killed in a fatal bicycle crash early New Year's Day. Aimer was riding under a viaduct in the 4700 block of West Division Street on his way back to his home when he was struck by a hit-and-run driver. Aimer was pronounced dead at Mt. Sinai Hospital early Thursday morning. 

According to news reports, Aimer had stopped to see his wife and two children before continuing on to the house where he was staying separately from the family. While on his way back to the house, he was struck by a dark colored mini-van that then fled the scene. There are currently no further reports on identifying characteristics of the mini-van. There are also no reports about the specific locations of the two vehicles, the bicycle and the mini-van, at the time of the fatal collision. Photographs on the Chicago Tribune's website show a bicycle laying upon the yellow concrete median that runs underneath the viaduct.

Our thoughts and prayers are with the family and friends of Aimer Robledo.

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.

Chicago Bicyclist Receives $190,000.00 Settlement For Personal Injuries In Crash on Montrose

A long journey began for a Chicago bicyclist back in April of 2011. However, the journey he embarked on that day only started by bicycle. The journey itself was primarily made up of three years of medical care including a surgery. As is often unfortunately the case for many bicyclists who would much rather have their journeys only be by bicyclist, this journey started when a motorist, driving a company car, did not stop at a stop sign.

On that April day in 2011 the bicyclist was riding westbound on West Montrose Avenue. The bicyclist was traveling at a normal pace down a relatively busy Chicago street when he approached North Troy Street. At the same time as the bicyclist was approaching North Troy Street, the motorist was traveling southbound on Troy. North Troy Street is a one-way street flowing southbound with a stop sign at its intersection with Montrose Avenue. The stop sign at this intersection is in plain view. In contrast, vehicles (both motor and human powered) traveling on Montrose do not have a stop sign or a stop light at the intersection with Troy.

The motorist rolled through the stop sign and directly into the path of the bicyclist. This caused the bicyclist and his bicycle to collide into the driver’s door of the motorist’s vehicle. It may seem obvious, but what the motorist should have done was make a complete stop at the stop sign and then look both ways before continuing through the intersection. Had the motorist done the simple act of "looking", this bicycle accident could have been easily prevented.

Instead, the motorist failed to yield the right-of-way to the bicyclist. This failure to yield was a clear violation of the Illinois Rules of the Road. Section 11-902 states, that “the driver of a vehicle intending to turn to the left within an intersection” is required to yield the right-of-way to any bicyclist approaching from the opposite direction “which is so close as to constitute an immediate hazard.”

As a direct result of the motorist’s failure to yield, the bicyclist suffered severe pain in his left shoulder that radiated down his arm. The injury also resulted in a severely limited range of motion, intense and constant pain, and difficulty sleeping in the days following his injury. He was diagnosed with left shoulder separation and shoulder bursitis. The bicyclist tried to treat the injury with rest and later physical therapy. But the pain did not go away and the shoulder was not getting better. Ultimately he was forced to undergo arthroscopic surgery and later received a cortisone shot, both unsuccessful in long-term alleviation of his pain levels.
 
The Illinois Bicycle Lawyers at Keating Law Offices were ultimately able to negotiate a $190,000.00 settlement on behalf of the injured bicyclist. This was a particularly successful settlement as it was 50% more than what the bicyclist was offered to settle his case by the insurance company for the motorist. It was only after being represented by Attorney Michael Keating, who litigated the case on behalf of the injured bicyclist, that the insurance company was forced to fully compensate the bicyclist.

Hit-and-Run Motorist Caught After Leaving Bicyclist With Head Gash

Chicago Bike Flag

A Chicago bicyclist was severely injured when she was struck by a motorist who then fled the scene. The bicycle accident occurred on Union Avenue and Roosevelt Road which is immediately adjacent to the Dan Ryan Expressway and next to the University of Illinois at Chicago campus. The bicyclist was riding eastbound on Roosevelt Road in the bike lane when the motorist cut her off to make a right-hand turn onto Union Avenue. The bicyclist could not avoid the car and she was hurled to the pavement.

The motorist then continued making the right turn onto Union, fleeing from the scene of the bicycle accident. Fortunately, a  witness was able to make note of the license plate and the Chicago Police Department were able to locate the vehicle and issue a police report. This was a bit of "good luck" in an incredible unfortunate situation. If not for the witness, the chances of locating the offending driver would have been much, much lower.

This type of bicycle crash is what is known as a "right-hook crash." Chicago law explicitly prohibits “right hooks” by turning vehicles. Section 9-16-020 of the Municipal Code of Chicago specifically addresses “right hooks.” The 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.”

Because of the motorist’s “right hook,” the bicyclist suffered a severe gash to the left side of her head, bruising on her side, and scrapes on her elbow. The head wound required the bicyclist to receive medical staples in order to close the wound.

The Illinois Bicycle Lawyers at Keating Law Offices have already begun legal action against the motorist and the motorist’s insurance company on behalf of the injured bicyclist. Keating Law Offices is the premiere law firm in Illinois that represents bicyclists injured in a collision with a motor vehicle. If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (24/7) 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.

Chicago Police Issue Photo of White Volvo 660 Semi-Truck Involved in Hit-and-Run of Bicyclist

White Volvo 660 Semi-Truck Involved in 10/7/2014 Hit-and-Run of a Chicago Bicyclist

The Chicago Police Department have issued a new photograph as a part of the hunt for the driver of a white Volvo 660 Semi-Truck that was involved in a hit-and-run of a bicyclist. A crucial identifying characteristic of this Semi-Truck is the severe damage to the roof of the truck on the passenger side.

Photograph highlighting damage to roof of Semi-Truck

The driver of the truck has been described as a white man, approximately 30 years old, with a "slender-to-medium" build. The driver has blond hair and a short, "clean-cut" beard according to the Chicago Tribune.

The Chicago bicyclist is a 47-year-old who was riding in the 3600 block of South Ashland Avenue around 4:25 p.m. in the afternoon on October 7th when the collision occurred. The truck was traveling southbound on Ashland when the driver of the truck hit the bicyclist. The driver of the truck then fled the scene of the crash. The bicyclist remains in critical condition as a result of injuries sustained in the crash.

In addition to potential traffic citations, the driver of the truck potentially faces felony charges for leaving the scene of an accident and misdemeanor charges for failing to render aid as well as failing to reduce speed to avoid a collision.

Anyone with information was asked to contact the Chicago Police Department's Major Accident Investigation Unit at (312) 745-4521. Below is an additional photograph of the truck taken from surveillance footage approximately four minutes prior to the subject crash. Note that the Semi-Truck's roof is not damaged on the driver's side, but has substantial damage on the passenger side.

Surveillance Footage of truck involved in hit-and-run collision that critically injured a Chicago bicyclist.

Bicyclist Doored on West Side of Chicago

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Chicago bicyclist who was a victim of a dooring earlier this month. The dooring occurred on the far West Side of Chicago of Austin Avenue just north of its intersection with Fullerton Avenue in the Austin neighborhood.

The bicyclist is a high school student who was riding southbound on Austin Avenue when she was doored by a motorist getting out of a car parked along the curb also on Austin Avenue. When the bicyclist saw the car door open, she instinctively put her right arm up for protection, but was still "doored" as the door was swung into her.

This is a classic example of a "dooring." Illinois law is very clear regarding a motorist’s duty to carefully avoid dooring a bicyclist. Great efforts have been made to educate the public so that they LOOK! prior to opening their door into traffic. Legally speaking, Illinois law is very clear on the requirement that motorists not open their door into the path of a bicyclist.

Section 11-1407 of the Illinois Vehicle Code states:

"No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

The statute, however, does not provide a definition of the act of opening a door into traffic AND a collision taking place. The law only talks about "interfering" with passengers. Illinois bicycle attorney Mike Keating has long argued for the following legal definition of a "dooring":

dooring. (Verb) doored. (Past Tense) doorings. (Plural)
The act of opening the door of a motor vehicle into the path of a bicyclist and causing a collision. Examples: "The bicyclist was a victim of a dooring while riding down the bike lane." "Several bicyclists were victims of doorings while riding on the same bike lane."

As a result of the dooring, the bicyclist was thrown to the pavement where she suffered a serious arm injury that required her to be taken by ambulance to the emergency room at a nearby hospital. The arm was numb and immobile at the scene, symptoms that are often consistent with nerve damage. The bicyclist is now seeking follow-up treatment.

The Illinois Bicycle Lawyers at Keating Law Offices are the top law firm in Illinois representing victims of bicycles accidents and crashes. The firm has successfully represented numerous victims of bicycle accidents and collisions in Chicago, the suburbs, and throughout Illinois.

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.

Taxi Involved in Hit-and-Run with Bicyclist in Lakeview - Help Requested to Identify Taxicab

Intersection of Halsted Street and Wellington Avenue near where a Chicago bicyclist was injured in a hit-and-run collision on July 19th in Chicago's Lakeview neighborhood.

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Chicago bicyclist who was a victim of a hit-and-run with a taxicab on Saturday, July 19, 2014 at approximately 10:15 p.m. The bicycle accident occurred in the Lakeview neighborhood at 3031 North Halsted Street which is just north of the intersection of West Wellington Avenue and North Halsted Street near Illinois Masonic Hospital.

The bicyclist, a local dog walker who was riding home, was traveling northbound in the marked bike lane on Halsted Street when the driver of a taxicab suddenly swerved the motor vehicle into the bike lane and struck the bicyclist. The driver of the taxicab then fled the scene of the bicycle collision northbound on North Halsted Street towards its intersection with North Clark Street. Three eyewitnesses confirmed that the hit-and-run vehicle was a taxicab. However, the witnesses were unable to identify the taxi number or license plate. There is an unconfirmed report that the taxicab may have been black and white in color, but there is some confusion from the scene as to the accuracy of this report. The Chicago Police Department responded to the scene but have since closed their investigation after the responding officer chose to not notify the police department's Major Accidents Investigation Unit (MAIU).

Keating Law Offices has commenced legal action against the "John Doe" driver on behalf of the injured bicyclist and are in the process of securing a protective order from a judge in the Circuit Court of Cook County to acquire security footage from nearby businesses. Yet, we are respectfully asking for your help to identify the hit-and-run taxicab driver and to identify any Chicago taxicab companies that operate taxicabs that are black and white in color. If you witnessed the bicycle collision or have any information regarding the hit-and-run taxicab driver please contact Keating Law Offices at (312) 239-6787 or email attorney Mike Keating at MKeating@KeatingLegal.com. Callers may choose to remain anonymous. 

The bicyclist sustained multiple severe injuries, including an open fracture to his left forearm. An open fracture is when the fractured bone breaks through the skin. The bicyclist was transported via ambulance to a local emergency room where he underwent open reduction and internal fixation surgery (“ORIF”). ORIF is a two-part surgery in which the broken bone is put back into place and then an internal fixation device (usually screws, plates, rods or pins) is placed on the bone to stabilize and facilitate healing of the fracture. The bicyclist spent four nights at the hospital before being released and has a long road of recovery in front of him.

The Importance of Uninsured Motorist Coverage: Victim of Hit-and-Run in Chicago Receives Maximum Insurance Settlement

Many bicyclists fear they would be the victim of a hit-and-run bicycle accident and would find themselves not only the victim of the crash, but also without any way to be compensated for injuries that were not their fault. A recent settlement on behalf of an injured bicyclist by the Illinois Bicycle Lawyers at Keating Law Offices shows the critical importance of Uninsured Motorist Coverage in preventing this scenario from happening and adding "insult to injury" for an injured bicyclist.

The attorneys were recently able to attain a six-figure settlement on behalf of a Chicago bicyclist who was seriously injured in a hit-and-run accident involving a motor vehicle in downtown Chicago. This settlement reflected the maximum amount of the applicable Uninsured Motorist insurance policy.

This particular case reflects the importance of Uninsured Motorist Coverage. Last September, the bicyclist was struck from behind by a motor vehicle that was traveling eastbound on the same street as the bicyclist in Chicago. The impact caused the bicyclist to strike the pavement and land directly on his elbow. As a result, he suffered a compound fracture to his elbow that required immediate surgery on the very same day as the crash. Despite the bicyclist’s serious injuries, the motorist immediately fled the scene, never to be identified by authorities.

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. Some estimates place the number of uninsured drivers in Illinois at one in five drivers. The exact number is difficult to track due to the fact that some drivers not only do not have insurance, but do not even have licenses. 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.

Due to the fact that the driver in this case fled the scene, it was not difficult to determine that the motorist was "uninsured," simple logic dictates that there can be no insurance for an unknown individual. Fortunately, the bicyclist carried  the Uninsured Motorist Coverage and a claim could be placed with that insurance company. 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 the 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.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at (312) 239-6787 (Office) or  (312) 208-7702 (Nights or Weekends) or email at MKeating@KeatingLegal.com, 24 hours a day, 7 days a week. All e-mails and phone calls will be promptly returned, and all initial consultations are confidential and free.

Bicyclist Tragically Killed by Turning Truck Identified as Portage Park Native Barbie Eno

Northbound Cicero Avenue approaching Belmont Avenue in Chicago, IL.

On Thursday morning 28-year old Barbie Eno was riding her bicycle on northbound Cicero Avenue on her way back from the Secretary of State's Office where she was issued a new I.D. card. As she was riding along Cicero Avenue towards Belmont Avenue a cement truck was also driving northbound. As both the bicycle and the cement truck approached Belmont, the cement truck turned right onto Belmont Avenue and came across the bicyclist's path and into contact with Barbie on her bicycle. As a result of this collision, Barbie sustained multiple injuries that claimed her life.

DNAInfo Chicago has published an excellent article about Barbie Eno. In a tragic twist of irony, this bicycle accident took place just feet from the apartment in Portage Park where Barbie lived as a child. Barbie lived nearby on Addison Street near its intersection with Cicero Avenue and was known for her colorful tattoos, love of her cats, her devotion to her sister's three children, and her joy riding her bike. The article quotes Barbie's sister, Chrissy, as saying that she loved to ride her bike and rode it everywhere in the city.

Details regarding the Chicago Police Department's investigation into this matter remain unclear. Nonetheless, based on the positions of the cement truck and the bicycle prior to the collision, and the report that the truck was turning right onto Belmont, it would appear that this collision is what is known as a "right hook" bicycle crash. A "right hook" crash occurs when a turning vehicle travels directly across the path of a bicyclist and causes a collision between the turning motor vehicle and the bicycle.

Chicago law explicitly prohibits "right hooks" by turning vehicles. Section 9-16-020 of the Municipal Code of Chicago specifically addresses "right hooks." The 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.” 

Tragically, Chicago has lost another bicyclist due to a collision with a motor vehicle. As a result, a daughter, a sister, an aunt, and a friend to many is lost. Our thoughts and prayers go out to Barbie Eno's family and friends. 

Chicago Bicyclist Killed in "Right Hook" Crash with Truck on Northwest Side

Intersection of North Cicero Avenue approaching Belmont Avenue where a 28-year old Chicago bicyclist was killed in a collision with a truck on Thursday morning.

 A 28-year old Chicago bicyclist was killed after a industrial truck "clipped" her bicycle while she was riding north on Cicero Avenue near Belmont Avenue. The bicyclist has been identified as 28-year old Barbara Eno who lived on Addison Street not far from the site of the collision. According to reports the truck, described as a large semi-tractor trailer or dump truck, was also traveling northbound on Cicero and was attempting to turn east onto Belmont when the truck came into contact with the bicyclist and she was severely injured. The bicyclist was taken by ambulance where she was pronounced dead at 11:31 a.m. Thursday morning.

As of the time of the publishing of the DNAInfo article, no tickets had been issued to the driver and the article suggests that an investigation was ongoing. However, based on the information from the report the collision occurred when the bicyclist was riding to the right of the truck and was struck by the truck as the driver turned to the right across the path of the oncoming bicyclist. This type of collision is known as a “right hook” bicycle accident.

Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles. The 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.” 

Given that this was a fatal accident, Chicago Police Department policy is that the Major Accidents Investigation Unit are to conduct a full investigation. More information and details are certain to emerge soon. In the meantime, the family of Barbara Eno have lost a young lady in the prime of her youth. This is a very tragic incident and our thoughts and prayers are with the family at this difficult time.

Garbage Truck Injures Chicago Bicyclist in "Left Cross" Bicycle Crash

View of bicycle sharrows on northbound Lincoln Avenue at its intersection with Melrose Street on the North Side of Chicago.

Last Wednesday, on May 28th, a regular Chicago bicycle commuter was riding down Lincoln Avenue and approaching Belmont. It was a regular route for the bicyclist and one commonly used by Chicago bicyclists due to the fact that it is a designated bike route and "bicycle sharrows" are painted on Lincoln Avenue. 

As the bicyclist was riding southbound, a garbage truck was traveling northbound in the opposite direction. Immediately prior to the crosswalk at Melrose Street, there is a bicycle sharrow in clear view of vehicles traveling northbound on Lincoln Avenue. The purpose of bicycle sharrows is 1) to serve as a sign for bicyclists to know that this roadway is intended for bicycle traffic; and 2) to warn the drivers of motor vehicles that bicycles are present. 

As the two vehicles - the garbage truck and the bicycle - were traveling on Lincoln Avenue  the garbage truck turned left across southbound traffic in an attempt to cross the southbound lanes and proceed west onto Melrose Street. Even though it was morning and the sun was shining, the driver of the garbage truck apparently failed to see the rider and directly struck the bicyclist with the front of the garbage truck. 

The impact was so immediate and direct that the garbage truck literally left a perfectly linear indentation in the bicyclist's helmet from the truck itself. Even worse, the impact fractured five ribs along the bicyclist's side and caused related internal injuries. An ambulance came to the scene and took the injured bicyclist to Illinois Masonic Hospital where the bicyclist remained for three days while undergoing evaluation and treatment.

The failure of the garbage truck to yield to oncoming traffic is a violation of the Illinois Vehicle Code. Chicago law is clear on a motorist’s duty to yield the right of way when making a left turn across traffic. Section 11-902 of the Illinois Motor Vehicle Code states:

"The driver of a vehicle intending to turn to the left within an intersection . . . shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard."

This type of bicycle vs. motor vehicle collision is known as a "left cross" or "left hook" crash. These types of bicycle accidents are a direct result of motorists failing to yield the right of way and to keep a proper lookout for oncoming traffic. It is unfortunately one of the most common types of collisions that result in a bicycle crash. 

Keating Law Offices, P.C. has been retained as the exclusive law firm to represent the injured bicyclist.

Claim Settled for Bicyclist Injured in Bicycle Crash with Taxi Cab

Eastbound Lake Street approaching Michigan Avenue: Scene of bicycle accident with taxi cab.

Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri have secured a substantial settlement for a bicycle commuter who was struck by a taxi cab near the busy intersection of Michigan Avenue and Lake Street in Chicago in September of 2011. The collision occurred in the middle of the day on September 13, 2011 as both the bicyclist and the taxi cab were headed eastbound on Lake Street.

The bicyclist was riding her bicycle along Lake Street when the taxi driver unexpectedly and without warning crossed over into her path, striking the bicyclist and knocking her to the street. This action was in violation of the City of Chicago and State of Illinois bicycle laws that are very clear on the responsibility of motorists who drive near bicyclists. 

Eastbound Lake Street is clearly marked as a a bicycle route by the Chicago Department of Transportation as indicated by the signage in this photograph. Signage serves the purpose of not only identifying a route for bicyclists, but also serves as notice to motorists that this is a roadway where bicycles are most likely going to be part of the traffic pattern.

CDOT Sign One Block Before Bicycle Accident Indicating that Eastbound Lake Street is a Bicycle Route to the Lakefront.

Generally speaking, all motorists have the duty to exercise due care when driving on the streets of Chicago. 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. The precise language of the statute as it applies to this bicycle accident is as follows:

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 power and shall give warning by sounding the horn when necessary.

Specifically, the taxi cab driver did not give the bicyclist the legally mandated "3 Feet" between the bicyclist and the motor vehicle. It is important to note that the law does not require "3 Feet" between the bicycle and motor vehicle, but a "safe distance" that the statute provides is a minimum of three feet. In other words, the law essentially provides that there should be more than three feet between the human powered vehicle and the motor vehicle. Section 11-703 of the Illinois Vehicle Code provides as follows: 

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 bicyclist sustained multiple injuries as a result of the impact. She was taken to the emergency room, complaining of pain throughout her entire body, intense tingling in her right arm, and severe pain in her right ankle and left hand. She suffered numerous abrasions and contusions all over her body, most severely on her right ankle and left hand.

Shortly thereafter, the bicyclist began to suffer excruciating pain in her upper back and neck. The bicyclist continued to experience aches and pains throughout her back for over a month following the collision, as well as pain radiating down her left arm.

The Illinois Bicycle Lawyers made a claim with the taxi cab’s insurance carrier for the bicyclist’s injuries, medical bills, pain and suffering, and loss of a normal life. “Loss of a normal life” is defined as “the temporary or permanent diminished ability to enjoy life,” and is a "damage" that can be compensated for under Illinois laws. Loss of a normal life “includes a person’s inability to pursue the pleasurable aspects of life.” Unfortunately for this rider, her injuries also meant time off of her bike while she recuperated.

Here, the bicyclist sustained a temporary diminished ability to ride her bike and engage in the daily activities to which she was generally accustomed. Her sleep patterns were constantly interrupted by pain and she was unable to engage in daily activities. Even something as simple as sitting down was a painful experience. This compromised the bicyclist’s ability to enjoy her life the way she wanted. “Loss of a normal life” varies from person to person and from case to case. Under Illinois law, anyone injured in a bicycle crash caused by someone else is eligible for compensation for their “loss of a normal life.”

After literally years of litigating and negotiating with the cab company and the cab company's insurance carriers, the claim was ultimately settled very favorably in favor of the bicyclist. The bicyclist has since gotten back on the bike and continues to enjoy bicycling in Chicago.

Keating Law Offices is the premiere law firm that concentrates its practice on representing victims of bicycle accidents and bicycle crashes in Illinois. If you have any questions regarding this post or an issue involving Illinois personal injury law, please 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.

Chicago Bicyclist Critically Injured in Left-Hook Collision on Northwest Side

News outlets are reporting that a Chicago bicyclist was critically injured in a "left hook" collision at the intersection of West Addison Street and North Milwaukee Avenue on Chicago's Northwest Side. The collision occurred late Sunday night when the bicyclist was struck by an SUV as the vehicle made a left turn from the northbound lane of Milwaukee.

According to reports, the driver of the SUV was cited for failure to yield the right-of-way. Both Addison and Milwaukee are dedicated bike routes at this location. While there are not painted lines designating a bike lane, signage at the location clearly marks the area as a place where bicycles are regularly a part of traffic patterns.

The Illinois Vehicle Code and the Chicago Municipal Code both require vehicle to yield the right of way when making a left-hand turn across oncoming traffic. While not motorized, under the law a bicycle is a vehicle and is considered oncoming traffic that a vehicle is required to yield to when making a left-hand turn.

Divvy Rider Doored on Clinton Street

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The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a suburban woman who was doored last September while riding a Divvy bike.  The dooring occurred near Union Station as the Divvy bicyclist was riding southbound in the designated bike lane on Clinton Street. As the bicyclist approached 310 South Clinton Street the driver of a vehicle parked along the curb suddenly opened the driver’s door of his vehicle into the bike lane without looking for oncoming bicycle traffic. The vehicle door struck the bicyclist as well as the Divvy bike.

The brunt of the impact was sustained by the Divvy bicyclist’s right hand which was crushed between the vehicle door and the handle bar of the Divvy bike. As a result of the impact the Divvy bicyclist was thrown from the Divvy bike to the pavement. The Divvy bike, which is significantly heavier than an average bicycle for durability purposes, then fell on top of the bicyclist.

The bicyclist immediately sought medical treatment for injuries to her right hand and left shoulder. Upon discharge from the emergency room the Divvy bicyclist’s right hand was placed in a splint. The bicyclist experienced a decreased range of motion in her right hand and fingers for several weeks following the dooring.

Opening a vehicle door in the path of a bicyclist is strictly prohibited by the Illinois Vehicle Code as well as the Municipal Code of Chicago. In this case, the responding Chicago Police Officer issued the dooring culprit a traffic citation for violating Section 11-1407 of the Illinois Vehicle Code. Section 11-1407, the ‘dooring statute,’ states in part:

“No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic.” (625 ILCS 5/11-1407).

The Illinois Bicycle Lawyers are pursuing a claim with the dooring culprit’s insurance carrier to compensate the injured Divvy bicyclist for her injuries, medical bills, loss of a normal life and pain and suffering.

Claim for Competitive Bicyclist Injured in Crash While on Bike Commute Settled

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Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri have secured a settlement for a bicycle commuter who was struck by an SUV at the intersection of Kingsbury Street and the bike lane on Kinzie Street in Chicago. The intersection of Kinzie Street and Kingsbury Street is a T-intersection with stop signs at all three corners. There is a protected bike lane that runs along both sides of Kinzie Street. 

The collision occurred on November 20, 2013 when the SUV driver failed to stop at the designated stop sign on Kingsbury Street near the East Bank Club prior to entering Kinzie Street. The bicyclist was riding in the designated bike lane westbound on Kinzie Street through its Kingsbury Street just prior to the collision. The Illinois Bicycle Lawyers of Keating Law Offices reached out to several witnesses of the collision, including fellow bicyclists, and confirmed that the vehicle illegally failed to stop before entering the intersection.

The law in Chicago is very clear on the responsibility of a motorist to yield to oncoming traffic. Ordinance 9-24-020 of the Municipal Code of Chicago states that if there is a stop sign the driver must 1) come to a complete stop and 2) proceed cautiously only if there is no oncoming traffic. The language of the Ordinance as it applies to this bicycle accident is as follows:

After the operator of a vehicle has stopped in obedience to a stop sign, at an intersection where a stop sign is erected at one or more entrances thereto, such operator shall proceed cautiously yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard.

The bicyclist sustained a right ankle injury as a result of the impact. The bicyclist’s right ankle injury was especially troublesome because the bicyclist races competitively and was training for an upcoming USA Cycling event. Notably, the bicyclist’s physician ordered her to modify her training workouts due to her ankle injury. Thus, the Illinois Bicycle Lawyers made a claim with the SUV driver’s insurance carrier for the bicyclist’s injuries, medical bills, pain and suffering, and loss of a normal life. 

"Loss of a normal life" is compensable damage in Illinois that is defined as “the temporary or permanent diminished ability to enjoy life. This includes a person's inability to pursue the pleasurable aspects of life.” Here, the bicyclist sustained a temporary diminished ability to ride her bike. This compromised the bicyclist’s ability to train and compete at the level she did prior to the collision. "Loss of a normal life" varies from person to person. In this case, the bicyclist's competitive background made her "normal life" different than the average person's "normal life." Nonetheless, under the law in Illinois anyone injured in a bicycle crash that was caused by someone else is eligible to be compensated for their "loss of a normal life."
 
As is often the case, the insurance company of the SUV driver initially took the position that it was a “minor collision” and offered to pay only the bicyclist’s medical bills. The Illinois Bicycle Lawyers refuse to accept insurance companies' low ball settlement offers and vow to recover all compensable damages under Illinois law. The final settlement reached was more than three times the initial settlement offer made by the insurance company. The final settlement terms also provided additional compensation for the property damage to the bicycle. 

The Illinois Bicycle Lawyers take pride in successfully resolving cases without delay. The final settlement in this matter was reached within two months of the injured bicyclist retaining the Illinois Bicycle Lawyers.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please 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.

Chicago Bicyclist Injured in Hit-and-Run Crash on Goose Island

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Chicago bicyclist who was injured in a hit-and-run on the near west side of Chicago.  The bicyclist was travelling eastbound down Division Street when an unknown black sedan struck him from behind, causing him to crash onto the pavement. The operator of the motor vehicle never stopped and instead, proceeded to drive on. The police report from the Chicago Police Department accurately identifies the accident as a hit and run. According to the City of Chicago’s Bicycle Crash Analysis, 25% of all bicycle crashes in 2012 were classified as hit-and-runs.

The bicyclist sustained severe injuries in the collision and was immediately transported to the emergency room in an ambulance as he was experiencing significant pain in his right elbow, knee and had sustained a very deep laceration. At the hospital, the bicyclist was diagnosed with an elbow fracture and had to undergo surgery. He is now receiving extensive follow-up care.

Once again, this collision also signifies the important of having Uninsured Motorist Insurance Coverage like this rider did. Many injured bicyclists do not realize that if they are hurt as the result the negligent actions of another driver -- and that driver is uninsured, underinsured, or never identified (as is often the case in a hit-and-run collision) -- they may be able to obtain financial compensation for their injuries from their own insurance provider. Even though all drivers in Illinois must legally have car insurance, there are many people who are willing to break that law and forgo this requirement. Time and again, uninsured and underinsured motorist coverage has proven to be a vital protection for injured bicyclists -- the true victims who lose when drivers risk being on the road with no or insufficient insurance.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please do not hesitate to contact Illinois Bicycle Lawyer Mike Keating at 312-239-6787 (Business Hours) or  312-208-7702 (24/7) or at MKeating@KeatingLegal.com. All emails and phone calls are returned promptly. Keating Law Offices offers free, no obligation consultations to injured bicyclists. There are never any attorneys' fees or expenses unless the firm is able to make a recovery on your behalf.

Chicago Bicyclist Doored in West Town

The Illinois Bicycle Lawyers have been retained to represent a bicyclist who was the victim of a dooring in the West Town neighborhood in Chicago. The dooring occurred as the bicyclist was riding northbound on Wood Street at the same time as a driver of a vehicle suddenly opened his car door directly into the path of the bicyclist. Unable to evade the door, the bicyclist collided with it, and the collision caused her to be thrown from her bicycle onto the street. The motorist then went inside the television production office where he worked. Police who came to the scene were able to track the motorist to the vehicle on the street.

The bicyclist was taken to Rush University Medical Center due to pain in her right shoulder and elbow.

At the hospital, the bicyclist was physically examined and underwent x-rays. Since the collision she has also received orthopedic treatment as she continues to recover from her injuries.

According to the City of Chicago’s 2012 Bicycle Crash Analysis, Chicago has implemented several efforts to reduce the number of doorings in Chicago, including public awareness marketing campaigns and expanded driver education. Doorings are perhaps the type of bicycle vs. motor vehicle collision that are the most easily reduced. As the name of the City's campaign states, a driver exiting a vehicle need only LOOK! in order to avoid a dooring collision. Effective education that leads to new habits could be the key to reducing doorings.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please do not hesitate to contact Illinois Bicycle Lawyer Mike Keating at 312-239-6787 (Business Hours) or  312-208-7702 (24/7) or at MKeating@KeatingLegal.com. The firm is committed to assisting any bicyclist injured anywhere in Illinois at any time. All emails and phone calls are returned promptly. Keating Law Offices offers free, no obligation consultations to injured bicyclists. There are never any attorneys' fees or expenses unless the firm is able to make a recovery on your behalf. Please call anytime if you have a personal injury case from a bicycle crash you would like to discuss.

New Law To Help Victims of Bicycle Crashes Receive Compensation Faster

If you are a victim of a bike crash, the crash was the fault of someone else, and the case is settled with the insurance company why don't you get your settlement check immediately? There are many factors that can play into this, but one big factor is often insurance companies simply wait as long as possible to pay. This raises the question, why would insurance companies employ such a tactic to delay payment on settlements they have already agreed to? The answer is simply that the longer the insurance company keeps the money in their accounts, the more money they can make. By delaying payment the insurance company collects interest and investment gains as the settlement money sits in their accounts rather than the injury victim’s bank account. Thus, insurance companies have every motivation to keep settlement funds in their accounts as long as possible.

This scenario changes January 1, 2014 due to a new law signed by Governor Quinn that will ensure timely payments of settlements for personal injury cases. Public Act 098-0548 prohibits insurance companies from delaying settlement payments to bicycle crash victims as well as other personal injury victims. If insurance companies fail to make settlement payments pursuant to the deadlines set in the new law, the injury victim can seek a judgment for compensation in addition to the agreed settlement amount, including costs incurred in obtaining settlement funds and interest on the settlement amount. In other words, if the insurance companies delay after settling a claim for a bike accident, they will end up paying even more.

This bill was passed with the assistance of the Illinois Trial Lawyers Association, where Illinois Bicycle Lawyer Mike Keating is a member of the Legislative Committee that worked on pushing this issue.

Illinois is long overdue for "prompt pay" laws to combat the motivation of insurance companies to delay settlement payments. This new law will finally give insurance companies a motivation to make settlement payments sooner rather than later. The proposed penalties for untimely settlement payments will help ensure that victims of bicycle crashes will be not only be fully compensated, but also timely compensated.

The Illinois Bicycle Lawyers at Keating Law Offices take pride in ensuring that victims of bicycle crashes are fully and timely compensated. If you have any questions regarding this post or an issue involving a bicycle accident, please 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 completely confidential and free. If necessary we can meet with you in our office, in your home, or anywhere else that is convenient to you.

Claim for Bicyclist Injured by Jogger on Chicago's Lakefront Path Settled for $125,000.00

The claim for a Chicago bicyclist who was injured on Chicago's Lakefront path when a jogger ran into her has been settled for $125,000.00. The incident occurred on August 22, 2012 as the bicyclist was riding and the jogger was running along the path. As the bicyclist maintained a straight path, the jogger inexplicably turned right into the path of the bicyclist. The bicyclist instinctively took sharp evasive action to avoid colliding into the jogger and, in doing so, lost control of her bicycle and crashed to the hard pavement of the path.
 
The bicyclist hit the ground with such force that her Giro Indicator Helmet cracked. Worse, the bicyclist's right collarbone was broken and her shoulder was sprained as she put out her arm to brace for the impact. A fractured collarbone is a very common injury suffered by bicyclists involved in a bicycle accident.
 
A City of Chicago ambulance was called to the scene and took the severely injured bicyclist to the emergency room at Advocate Illinois Masonic Medical Center. At the hospital the bicyclist was diagnosed with the mid-clavicle fracture and right shoulder sprain, injuries that required shoulder surgery to properly correct her injuries. After the surgery the bicyclist was unable to bear any weight on her right arm for two months.
 
Claims involving pedestrians or runners are often very difficult because, unlike with bicycle accidents involving motor vehicles, there often is not insurance coverage for incidents between pedestrians and bicyclists. While most people who have a car carry automobile insurance coverage, few people have insurance coverage through an insurance policy that covers other kinds of accidents. Complicating matters in this case was the fact that the police report contained very little information regarding the identity of the jogger. Again, unlike a bicycle accident involving a motor vehicle, there was no Illinois Motorist Report or Illinois Traffic Crash Report that routinely lists the name of the driver and their insurance company.
 
Following the bicycle crash, the bicyclist retained the Illinois Bicycle Attorneys at Keating Law Offices to represent her. However, due to the nature of the case the name of the jogger remained unknown. In order to obtain this information, the Illinois Bicycle Lawyers filed a lawsuit against "Jane Doe" and then subpoenaed the entire police file on the incident. Fortunately, the police officer in this case did fill out a basic incident report with some details. With cooperation from the Chicago Police Department, the name of the jogger was found and a private investigation service was able to locate a last known address for the jogger. The jogger was ultimately located and her insurance company was identified.

There was initially an argument that this was a pure "accident" and that no one was to blame. However, legal analysis comparing the duties of the bicyclist and the runner shows that is not the case. The bicyclist appropriately maintained a straight path as she traveled and kept a proper lookout for other bicyclists and runners on the path. The jogger, however, did not maintain a proper lookout and actually violated a relatively obscure law that imposes specific duties on a pedestrian, in this case a jogger. Section 9-60-120 of the Chicago Municipal Code imposes an explicit duty on pedestrians, whether walking or jogging, to exercise due care. Under this provision, the jogger was required to exercise sufficient care to avoid causing harm to others.
 
After negotiations with the insurance company, the Illinois Bicycle Lawyers reached a very favorable settlement on the bicyclist's behalf that paid for all of her medical treatment and compensated her for pain and suffering, lost wages, the surgical scar on her shoulder, emotional distress, and the loss of a normal life during the two months it took her to recover. Keating Law Offices has previously helped an injured bicyclist obtain a personal injury settlement for a bicyclist injured on the Lakefront Path.
 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists in Illinois. If you have any questions regarding this post or an issue involving Illinois personal injury law, please 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.