City of Chicago Stiffens Enforcement for Drivers Blocking Bike Lanes

Chicago's City Council passed legislation that will increase the penalty for parking in the bike lane and provide a platform for more enforcement of drivers blocking the city's bike lanes. 

These recent changes to the Chicago Municipal Code provide that a driver can be fined $250 for stopping or parking in the bike lane. While the Code previously provided for the $250 fine, the prior version required a bicyclist to have been injured as a result of the blocked bike lane. With the amendment anyone blocking the bike lane could face a fine. 

In addition, the amendment provides for immediate towing and extends enforcement power beyond police officers to traffic aides and other individuals designated by the Traffic Compliance Administrator, Commissioner of Transportation, or the Commissioner of Streets and Sanitation.

Keating Law attorney Mike Keating stated:

"These changes to the Chicago Municipal Code are a step in the right direction. On its face, the Code now makes it easier for a police officer to issue a citation and extends the persons like traffic aides who can issue a citation for parking in the bike lane. The real effect, however, will be seen in whether the Chicago Police Department and city officials actually put some bite in their bark. Traffic laws are put into place to create a framework of safety for everyone. When those laws are not enforced we have a breakdown in the fundamental safety of our streets for bicyclists. This evidence in this breakdown is an epidemic of injuries and deaths of cyclists legally riding on our city's streets. A continued path towards change is needed." 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle crashes in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. The firm's attorneys have been recognized by SuperLawyers, Leading Lawyers, and the National Trial Lawyers. Keating Law has litigated more bicycle crash cases than any other law firm in the state of Illinois. 

Bicyclist's Video Shows Lexus SUV Driver Caused Left Hook Crash on Milwaukee Avenue

A normal commute home via the Milwaukee Avenue bike lane by a local cyclist was cut short when he was the victim of a "left hook" collision. This stretch of Milwaukee Avenue is nicknamed the “Hipster Highway” because of the thousands of bicyclists that ride the bicycle lane in this stretch through Chicago’s popular West Town community on a daily basis. The Milwaukee Avenue bicycle lane is the most heavily travelled and well-known bicycle lane in Chicago.

Despite the video evidence and many key Chicago bike laws directly on point, the combination of the cyclist's severe injuries combined with the driver's insurance companies arguing who was responsible, the case took years to resolve. However, the end result was very favorable to our most deserving client. In this blog post, I wanted to use the unique set up of the Milwaukee Avenue bike lane to show the dangerous interactions between bicyclists and inattentive drivers.

The Milwaukee Avenue bike lane is one of seven “Spoke Routes” that the Chicago Department of Transportation designated as direct bicycle routes in and out of Chicago’s Loop. The Chicago Department of Transportation states that “Spoke Routes” like the Milwaukee Avenue bicycle lane are designed to “provide a safe, continuous bikeway and connect all areas of Chicago with the downtown. The primary goal of the Spoke Route network is to increase bicycle commuting citywide.” If you're interested in learning more about the Spoke Route network, check out “Chicago Streets for Cycling Plan 2020,” Chicago Department of Transportation (2012).

This particular stretch of Milwaukee Avenue between Carpenter Street and Ogden Avenue is particularly cyclist specific as there is a “bike box” at the intersection with Ogden Avenue and Chicago Avenue. The purpose of a “bike box” is for cyclists to be in front of traffic and clearly visible to oncoming traffic. In addition, there is a curb-assist handlebar for cyclists to use to support themselves when standing at the intersection.

The Milwaukee Avenue bike lane on this stretch is what is known as a buffer-protected bike lane. The lane itself is painted bright green to differentiate the bike lane from other lanes and to warn motorists of the presence of cyclists. This buffer-protected bike lane incorporates vertical bollards to the inside of the bicycle lane which physically separates the cyclists from the motor vehicle traffic. In its “Streets for Cycling Plan 2020,” the City of Chicago set specific guidelines for buffer protected bike lanes.

One of the City's goals of buffer protected bike lanes is to improve safety by providing extra separation between bicyclists and motorists. The City's plan highlights that motorists should know to “Use caution when turning across the buffer protected bike lane….” In addition, the City’s guidelines provide that “If a travel lane side buffer is present, it can be used to pass slower bicyclists in the bike lane.” Additional instructions are to “Announce your presence to the slower bicyclists and check over your shoulder for approaching vehicular traffic” and to “Never pass on the right of a slower bicyclist."

As the video from the cyclist's helmet camera shows, the crash occurred when the motorist turned left from southbound Milwaukee Avenue across the path of oncoming northbound traffic including bicyclists in the Milwaukee bicycle lane.

The motorist testified at her deposition that she drove southbound on Ogden Avenue past the intersection of Chicago Avenue and then made a left-hand turn onto Milwaukee Avenue. Unfortunately, even though she was aware of cyclists in the area, she failed to see the cyclist and the crash occurred.

Liability: Who Is At Fault? 

In this case we argued that it was 100% the motorists fault in making a "left hook" across oncoming traffic - including bike traffic. We further argued that this negligence is particularly pronounced given that the driver admitted she knew there was bike traffic in the area and admitted she crossed three different lanes of oncoming traffic. In fact, this crash could have been entirely prevented if the driver either 1) yielded the right-of-way or 2) used the other entrance to the CVS off of Carpenter Street.

The attorneys hired by the insurance companies who insured the driver of the Lexus SUV retained an expert witness to say that it was actually the cyclist who was more than 50% to blame for the crash. In Illinois, if the party presenting a claim for personal injuries is more than 50% liable then the defendants and their insurance companies are not responsible for compensating them for their injuries. It was thus important to provide strong evidence that the driver of the SUV was not just primarily responsible for this crash, but totally at fault as we sincerely concluded. 

Given that this crash occurred at around 5:27 p.m. this was a known time of rush hour, and the traffic lanes and bicycle lanes were full of vehicles. Despite these traffic conditions that were obvious to everyone else on the roadway, the driver turned a massive 2015 Lexus S.U.V. across both the lanes for motor vehicle traffic and the bicycle lane directly in front of the bicyclist. At the time of the crash The bicyclist was approaching on his bicycle with a green light at the intersection ahead. The driver turned left immediately in front of the bicyclist’ path and there was zero chance he (or anyone) could have stopped before impact.

The SUV driver inexplicably testified under oath at her deposition that she was aware of the bike lane, aware it was heavily trafficked by bicyclists, yet she turned across the Milwaukee Avenue bike lane on which The bicyclist was clearly oncoming. She also could not explain why she did not see The bicyclist even though the intersection is very well lit, and she was aware of other bicyclists. In simple terms, there is no law or standard that allows the driver of a motor vehicle to turn across the path of oncoming bicyclists in a marked and dedicated bicycle lane without first being absolutely certain that it is safe to do so.

Bike Laws On Point

The acts and omissions of The driver are a direct violation of several portions of the Municipal Code of Chicago. The driver was required to yield the right-of-way to the bicycle approaching from the opposite direction. As evidenced by the collision and resulting injuries, the motorist clearly violated Section 9-16-020 of the Municipal Code of Chicago. Section 9-16-020 provides:

• Right of way to a bicycle on Left Turn – The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a bicycle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
• The driver also violated Section 9-40-160 of the Municipal Code of Chicago in causing the bicycle crash by failing to utilize due care when operating her vehicle recklessly on Chicago most busy bicycle lane. Section 9-40-160 provides: 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 and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway.
• The driver also violated Section 9-40-060 of the City of Chicago Municipal Code by driving across a bicycle lane in such a manner as to impede bicycle traffic, including The bicyclist. Section 9-40-060 provides: The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane.
• The overall rights of bicyclists in Illinois are solidified in “Dennis’s Law” which clarified that all bicyclists in Illinois are entitled to all of the rights of motorists. Specifically, this law establishes that bicyclists are equally entitled to the right-of-way. In Illinois, any person riding a bicycle is equally regarded as operating a vehicle. “Every person riding a bicycle upon a highway shall be granted all of the rights, including, but not limited to, rights under Article IX of this Chapter, [625 ILCS 5/11-901 et seq.] and shall be subject to all of the duties applicable to the driver of a vehicle by this Code.” 625 Ill. Comp. Stat. Ann. 5/11-1502. This amendment to existing law went into effect on January 1, 2017, and was the clear law of the land on the date of this crash.

Case Resolves Prior to October 2022 Trial

At the time of settlement a jury trial in the Circuit Court of Cook County was right around the corner. This lawsuit was successfully resolved after two separate mediations with two different judges. It was a hard fought battle over several years involving a total of three separate insurance companies. Yet, the patience through court closings and all the associated delays were worthwhile as it resulted in one of the highest settlements in Illinois history for a male victim of the same age with the same injury. This was a very deserving resolution for a tremendous client who was at motivated to protect the rights of all cyclists as anything else. The cyclist's commendable mindset and extremely credible demeanor were large factors in such a favorable resolution. Keating Law is extremely grateful to represent this client and proud of the final result. 

Chicago Bicyclist Wins Jury Trial Against Law Professor Who Blamed The Cyclist For Crash

On August 29th Keating Law won a heavily contested jury trial for a Chicago bicyclist. The cyclist sustained a non-displaced fracture to his wrist when he was the victim of a "left hook" on Sheridan Road in Wilmette. The driver involved in the crash was a local law professor who insisted that the cyclist entered the intersection on a red light and was at fault.

State Farm, who insured the driver, considered this a “no-offer” case, meaning they were so confident they would win this case that they refused to pay even a dollar to compensate our client for his injuries. State Farm never even offered to pay for the injured cyclist’s medical bills, let alone any reasonable reimbursement for the other harms he incurred like pain and suffering.

Our client was out for a recovery ride after a morning race when a car turned left in front of him and crashed into him. He traveled through the intersection of Sheridan Road and Lake Avenue in Wilmette, Illinois. Many Chicagoland cyclist know that this is a popular route for cyclist due to its proximity to the lake and the Green Bay Trail.

This case involved a dispute over the color of the traffic lights at the four-way intersection of Sheridan Road and Lake Avenue. There is a designated bike lane that runs along Sheridan Road. The stoplight at that intersection has a green arrow for cars turning left across oncoming lanes of traffic. The defendant and a passenger in the defendant’s car both testified that the car entered the intersection on the green arrow. Our client testified that he had the solid green light when he entered the intersection.

The cyclist alleged that the driver had a duty to yield the oncoming traffic, in this case the bicyclist. The Illinois Rules of the Road explicitly provide that a motorist must yield to all oncoming vehicles. The 2017 landmark legislation, Dennis's Law, clarified that bicycles are included in the definition of a vehicle.

State Farm’s decision to never offer any money to settle this case turned out to be wrong. The Cook County jury found the defendant at fault for the crash. The defendant, a licensed attorney and law professor who also made a living giving expert testimony in front of judges and juries, was cross examined by Keating Law's attorney for nearly an hour and was caught giving inconsistent statements multiple times.

Our client is an experienced cyclist who knows the rules of the road when it comes to bike safety. Keating Law remains dedicated to safe cycling whether its in the City of Chicago, the suburbs, or anywhere else across Illinois. We are proud that our willingness to stand up to State Farm and refuse to take no as an answer yielded a trial victory in a Cook County courtroom.

Jury Awards $213,000 To Chicago Bicyclist Doored in Chicago's Loop

A Cook County Jury has awarded a Chicago cyclist nearly $213,000.00 for injuries she sustained when she was doored in Chicago's Loop. The crash itself coincidentally happened on the Washington Street bike lane - across the street from the Daley Center courthouse where the jury trial was held. 

This monumental verdict and its importance as to the law protecting Chicago cyclists was the focus of a Block Club Chicago article by Chicago journalist Izzy Stoobandt. 

In June of 2017 the cyclist was riding to her job as a chef at a local restaurant on Michigan Avenue. The route was familiar to her and the final leg down the bright green protected bike lane on Washington Street was the final stretch. As she pedaled past Dearborn Street, the driver of a Lexus SUV pulled alongside her and partially onto the bike lane. A passenger in the backseat of the vehicle then swung the door immediately into the helmet of the cyclist. 

The impact from the door knocked the cyclist from her bicycle and she skidded along the bike lane. She later recalled briefly losing consciousness. As a result of the collision she sustained a concussion, severe road rash, and a herniated disc in her back. 

The jury trial focused on the actions of both the driver and the passenger. The injured bicyclist alleged that the driver was at fault for illegally parking on the bike lane. The allegation against the passenger was that she "doored" the cyclist by opening the vehicle door into the path of the cyclist. 

A local psychology professor was having lunch at the cafe next to the bike lane and witnessed the events. He testified that he was overcome by a feeling of shock and fear for the well being of the cyclist. His student was having lunch with the professor and she remembered the aftermath and her concern for the cyclist. Also at trial the responding Chicago Police Officer and one of the paramedics detailed what they observed and were told when they arrived at the scene.

The attorney hired by State Farm Insurance to represent the driver and the passenger denied that the defendants did anything wrong. Their argument was that this spot adjacent to the bike lane was the only available spot, that they put their hazard lights on, and that the door was already open when the cyclist rode into the door.  

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The jury found the driver and his passenger who doored the cyclist 100% at fault for the crash. In the end the jury’s verdict forces State Farm to face an excess verdict that is over 400% of their offer on the courthouse steps to settle last week and is more than double the policy limits that the cyclist was willing to settle for years ago.

This verdict more than pays for the cyclist’s medical bills for an ambulance trip to the ER and doctor’s visits and the pay she lost due to being off work for a week.

This verdict also stands to show that Chicago’s bike lanes are for cyclists ONLY. Keating Law stands ready and willing to do whatever it takes to force justice for our clients and cyclist’s rights.

IN THE NEWS: Attorney Mike Keating Quoted in Chicago Tribune on Dangers of Distracted Driving

IN THE NEWS: Keating Law Offices attorney Mike Keating was quoted in the Chicago Tribune about the dangers of distracted driving. Distracted driving is an increasingly dangerous habit among many drivers. The dangers posted by distracted driving are particularly dangerous to vulnerable users of the roadway such as pedestrians and bicyclists. 
Here's the quote from the Chicago Tribune:

"Mike Keating, a personal injury attorney who often represents injured bicyclists, said that if any police agency does not enforce the laws against distracted driving, it defeats the purpose." 

“These laws have to act as a deterrent to keep people from texting on their phones,” Keating said. “They have to be punished for behavior that is literally deadly.”

Keating said that like drunk driving, distracted driving involves a choice. “These things don’t happen by accident,” Keating said. “If they choose to have their phones out and look at social media or text, that’s a choice that puts them in a more dangerous mind-set than they otherwise would be. That’s unfortunately not that far off from someone who consumes too many drinks.”

The Chicago Tribune article was written by long-time transportation reporter Mary Wisniewski. 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle crashes in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois.

Obstructed Bike Lanes Plague Chicago Bicyclists

Every bicyclist in the City of Chicago knows the plague that is obstructed bike lanes. NBC 5 Investigates has produced a recent investigative report on all of the issues with obstructed bike lanes in Chicago. Stopping on a bike lanes is a minor convenience for the driver who uses the space of the bike lane to pull to the side of the road. But for the bicyclist this is massively dangerous as having to go around the stopped vehicle takes the bicyclist out of the marked bicycle lane and directly into the lane for motor vehicle traffic. 

It Is Illegal To Drive On The Bike Lane In Chicago

The Chicago Municipal Code is clear: A driver can't park or stand in a bike lane. Here's what the law says:

9-40-060- Driving, standing or parking on bicycle paths or lanes prohibited - 

The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane. In addition to the fine provided in Section 9-4-025 of this Code, any vehicle parked in violation of this section shall be subject to an immediate tow and removal to a city vehicle pound or authorized garage.

Ubers and Lyfts Are Forbidden From Parking In The Bike Lane 

Part of the issue with vehicles in the bike lane is ride share operators such as Lyft and Uber use the bike lanes as easy spaces to drop off and pick up their passengers. However, these drivers are specifically trained NOT to do this. Section 9-115-150 of the Municipal Code of Chicago requires that all "transportation network drivers" (such as Uber, Lyft, etc.) to successfully complete an online or in-person transportation network driver training program. The program includes guidelines on safely picking-up and dropping-off passengers. Dangerous Driving Behavior No. 6: Safe Pick-Up and Drop-Off gives the following clear rules:

• Passengers and driver cannot open car doors into traffic.
• Drivers can NEVER stop, stand, or park in a bike lane. Passengers cannot be dropped off in a bike lane.
• DOORING is opening a car door into the path of an oncoming cyclist. It is punishable by fines up to $1,000.
• Pull all the way over to the curb when picking up or dropping off a passenger. DO NOT BLOCK travel lane.

Bike Lanes Help Promote Cycling

Chicago needs its bicycle lanes to be free and clear so that they are most effective and safe. The number of bicycle riders across America soared in the past 10 to 15 years. From just 2000 to 2014, bicycle commuting grew 62 percent. The number of bicyclists exploded from 488,000 people in 2000 to 904,463 people in 2014. While the overall percentage of bike commuters remains relatively low – approximately 1.0% of all commuters –this drastic increase is the single largest percentage increase of any transportation mode. 

The increase in bicycle commuting is largely the result of many of the country’s most prominent cities investing heavily in non-motorized travel-based projects like bike lanes. For bicycling to continue to grow, these very bike lanes need to be useful and effective. And that means stepping up enforcement of parking in the bike lane. Community groups like Bike Lane Uprising have done excellent work in putting a spotlight on this serious issue. 

Chicago Bicycle Attorneys

The attorneys at Keating Law Offices have fought for the rights of cyclists and advocated on behalf of bicycle infrastructure for over a decade. The law firm filed the very first lawsuit in Cook County over a driver striking a bicyclists on the Kinzie bike lane, which was one of the first protected bike lanes in the city. The attorneys have handled many cases involving issues with drivers riding on the bike lane or dooring bicyclists in the bike lane. The firm's West Town location is immediately on the Milwaukee Avenue bike lane where these issues are apparent on a daily basis. 

Keating Law Offices Files Wrongful Death Lawsuit on Behalf of Fallen Chicago Bicyclist Louis Ray Smith

North Homan Avenue Towards Scene of Crash

Keating Law Offices has filed a Wrongful Death lawsuit on behalf of the family of deceased Chicago bicyclist, Louis Ray Smith. The lawsuit is against the driver of the motor vehicle involved in the fatal crash on the evening of June 5, 2017 near Chicago's East Garfield Park neighborhood.

Prior to the crash, Mr. Smith, a bicyclist was riding northbound on Homan Avenue near its intersection with West Lake Street. At the same time, the driver drove her motor vehicle southbound on Homan Avenue through its intersection with West Lake Street. The collision occurred on Homan Avenue.  Mr. Smith was rushed to Mount Sinai Hospital following the collision, but unfortunately, he was pronounced dead within the hour.

On June 5, 2017 the City of Chicago Police Department issued the driver a citation and the traffic court proceedings are currently on-going. The crash also remains under investigation by the City of Chicago Police Department Major Accidents Investigation Unit. Investigations by MAIU can take days or even months before their findings are released. The Chicago Police Department has obtained video from a nearby business that depicts the fatal collision. 

According to the lawsuit filed on April 24, 2018 in the Law Division of the Circuit Court of Cook County, the driver allegedly failed to exercise due care to avoid colliding with a person operating a bicycle, an action that is in direct violation of 625 ILCS 5/11-1003.1 of the Illinois Vehicle Code and Section 9-40-160 of the Chicago Municipal Code. The lawsuit also alleged that the driver disregarded a traffic control signal, drove too fast for the dark conditions and failed to yield the right-of-way and these failures caused Mr. Smith to suffer injuries that resulted in his death.

All Illinois drivers have a duty to keep a proper lookout for bicyclists or other vehicles upon said streets. If a driver were to fail to keep a proper lookout for a bicyclist and then struck said bicyclist, that driver would be liable for the injuries the bicyclist suffered. All Illinois drivers also have a duty to make sure that their vehicles move into a lane of traffic safely and that they exercise due care to avoid colliding with any person operating a bicycle. 

The Estate of Louis Ray Smith is represented by attorneys Michael Keating and Catelyn Viggiano of Keating Law Offices. 

Uber or Lyft in Bike Lane? City of Chicago Training PROHIBITS Ride Share Cars in Bike Lanes

For a lot of people trying to get around Chicago, rideshare companies like Lyft and Uber have a made a big difference when it comes to the ease and comfort of getting around the city by car. That is why it is ironic that many Uber and Lyft drivers routinely use dedicated bike lanes to pick up or drop off passengers. This repeated pattern by rideshare drivers forces bicyclists out of their dedicated space and into the lanes for motor vehicle traffic. This act is discourteous, dangerous and a great source of frustration for Chicago bicyclists. Most importantly, it is also illegal and against the training for ride share drivers. 

Chicago Ride Share Rules Are Designed to Protect Bicyclists

Section 9-115-150 of the Municipal Code of Chicago requires that all "transportation network drivers" (such as Uber, Lyft, etc.) to successfully complete an online or in-person transportation network driver training program. The program includes guidelines on safely picking-up and dropping-off passengers. Dangerous Driving Behavior No. 6: Safe Pick-Up and Drop-Off gives the following clear rules:

• Passengers and driver cannot open car doors into traffic.
• Drivers can NEVER stop, stand, or park in a bike lane. Passengers cannot be dropped off in a bike lane.
• DOORING is opening a car door into the path of an oncoming cyclist. It is punishable by fines up to $1,000.
• Pull all the way over to the curb when picking up or dropping off a passenger. DO NOT BLOCK travel lane.

Here are copies of the City of Chicago's "Transportation Network Driver Training Curriculum Components" 

Transportation Network Driver Training Curriculum Components - Page 1 of 2

Transportation Network Driver Training Curriculum Components - Page 2 of 2

Uber's Internal Instructions to Drivers is to Respect Bicyclists

Uber’s own “Where to Drive” webpage also advises drivers to "be cautious of bikers and to avoid driving in the bike lanes." Unfortunately, many Uber/Lyft drivers simply disregard these important instructions and all too often illegally infringe on bicycle lanes. Bicycle lanes were designed to enhance protection for bicyclists and make the road safer for everyone. However, bicyclists are still being injured way too often in their own specifically designated lanes. 

As referenced above, a very common bicycle accident involving Uber/Lyft drivers is a “dooring” because drivers drop off their passengers while being pulled over in the bicycle lane. Drivers are expected to safely cross the bicycle lane and pull over to the curb completely, so they can pick-up and drop-off their passengers safely without disrupting bicycle traffic.

City of Chicago and State of Illinois Laws Prohibit Doorings

In addition to Municipal Code of Chicago, the Illinois Vehicle Code also designates discharging a passenger into the bike lane as illegal. 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.” 

It is extremely important for drivers, and passengers alike, to be alert when they enter and exit vehicles. Bicyclists ride on the road to the right side of motor vehicle traffic, which forces them to ride very closely to the curb, or more often, very close to cars that are parked there. Common sense dictates that if someone suddenly opens their car door into the path of an oncoming bicyclist, the chance of them being able to stop in time and avoid colliding with the door is very minimal – and sadly, the injuries can be very catastrophic. By law, it is the driver’s and passenger’s responsibility to only open the car door when it is safe to do so, as the fate of avoiding a “dooring” is essentially in their hands.

Shorter Days Are Ahead - Bike Lights Are Required Under Illinois Bike Laws

The unseasonably warm temperatures and brilliant sunlight over the past week are misleading. Daylight Savings time is in effect again and until the Winter Solstice our days in Illinois will get shorter and shorter. It is important to remember that bike lights serve many purposes for the bicyclist - and they are the law in Illinois.

Bicycle Lights Are Important

Bike lights are critically important for all bicyclists. A headlight in particular provides the rider greater visibility and makes you more visible to motorists.

Illinois Bicycle Laws Require Lights And Reflectors

Lights for bicyclists riding at nighttime are required by Illinois law. According Section 11-1507 of the Illinois Rules of the Road, bicyclists must have the following on their bikes:

A lamp on the front that emits a white light that can be seen for 500 feet; andA red reflector visible from 100 to 600 feet by a car with its headlights on. A rear red light may also be used.

The fact that the law says that a bicyclist may use a rear red light in addition to a rear reflector is probably just due to some less than precise legal drafting. The bottom line is a red reflector AND a rear red light are better than a reflector alone. This is why the Illinois Bicycle Lawyers strongly recommend that all bicyclists use a rear red light in addition to a red reflector and a bright light in the front.

Jason Jenkins of the Active Transportation Alliance has put together a very helpful and informative short video on bike lights and what a difference they can make. Jason's advice regarding buying the most durable and bright light you can afford is solid advice. No one wants unnecessary expenses, but bike lights can make the difference between getting in a bike crash and getting home safely.

Illinois Bike Law Attorneys

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.

Keating Law Offices Is A Proud Sponsor Of Bike The Drive

As part of its commitment to safe bicycling in Chicagoland, Keating Law Offices is proud to sponsor Active Transportation Alliance's Bike The Drive. This annual ride takes place this Sunday on a Lake Shore Drive that is completely closed to motor vehicle traffic. For one glorious morning every year, bicyclists will be able to ride up and down the drive without the congestion, pollution and noise from motor vehicles. Bike The Drive is the biggest fundraising event for the Active Transportation Alliance. The event benefits Active Transportation Alliance which is a non-profit, member-based advocacy organization that works to make bicycling, walking and public transit safe, convenient and fun. 

Keating Law Offices has helped assist Active Trans with its events for several years. Attorney Mike Keating said, 

"The firm is very proud of the work that we have done on behalf of Active Trans. By helping sponsor this event we directly help Active Trans with their mission of making our streets safe for bicyclists and pedestrians. That goal aligns directly with the mission of the firm. The events are always a great time on their own and we have the benefit of being able to meet so many fellow bicyclists in person." 

The firm will be at the Post Ride Festival in their familiar "Illinois Bicycle Lawyers" tent giving away free "Chicago Bike Flag Swag" including stickers, bumper stickers, patches and the rest of the popular items.

Keating Law Offices is based in Chicago, Illinois and represents clients throughout Illinois. Keating Law Offices is one of the first firms in the nation and the the most prominent Illinois firm that dedicates its practices to victims of bicycle accidents. You can learn more about the firm at KeatingLegal.com. 

Chicago Bicyclist Receives Settlement From CTA For Injuries Sustained In Crash With CTA Bus

The Illinois Bicycle Lawyers at Keating Law Offices have settled a substantial personal injury claim against the Chicago Transit Authority on behalf of a bicyclist injured in the Ukranian Village in the summer of 2014. The crash occurred when the bicyclist was riding her bicycle southbound on North Western Avenue near its intersection with Walton Street. At the same time, the defendant was operating a CTA bus southbound on North Western Avenue behind the cyclist. The defendant attempted to pass the cyclist by going around her on her left, and in doing so, the CTA bus made contact with the cyclist’s elbow. 

Personal Injuries From Bike Crash

The violence of the collision threw her off-balance and she eventually crashed to the ground. She was hurled so violently against the pavement that one of her injuries required surgery to resolve. The cyclist underwent a surgical procedure known as a "left subcutaneous ulnar nerve transposition surgery." Afterwards, her left arm was immobilized with a splint for several weeks following the surgery. She was left with a large visible permanent scar on her left arm which impacted her life as a model and a dancer. Additionally, she continued to experience weakness, pain, and numbness at the location of the scar for 18 months after the accident. 

Instead of attempting to work with the cyclist to compensate her for the damages she suffered due to the defendant’s negligence, the CTA claimed that the cyclist was at fault. They claimed she failed to control her bike, failed to ride as close to the curb as possible, failed to stay in her lane, failed to keep a proper lookout, and failed to take evasive action to avoid an accident.

Personal Injury Lawsuit Filed To Protect Rights of Chicago Bicyclist

She knew she needed help and she reached out to the Illinois Bicycle Lawyers at Keating Law Offices who filed a lawsuit on her behalf in the Circuit Court of Cook County. Through diligent investigation, they uncovered that the CTA’s own transportation manager found that the defendant violated their Standard Operating Procedures in a multitude of ways ranging from the protocols for attention to duty, the defensive driving guide, mirror adjustment and use, and passing and being passed. Additionally, they found evidence that the defendant violated portions of the Municipal Code of Chicago as well as the Illinois Motor Vehicle Code.

Using their advocacy skills, the Illinois Bicycle Lawyers at Keating Law Offices were able to recover a substantial settlement from the CTA for this injured Chicago bicyclist. The settlement was reached without having to resort to filing a lawsuit and will fully compensate the bicyclist for her medical bills, time off from work, and her pain and suffering.

Contact Keating Law Offices At Any Time

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.

The Leading Bicycle Accident Attorneys in Illinois

Keating Law Offices is the premier personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. Keating Law Offices has successfully obtained compensation for hundreds of bicycle injury victims across Illinois. The firm's bicycle accident attorneys are always available to review your case with absolutely no risk or obligation to you. The firm's mission is to do everything possible to obtain you the maximum amount for the injuries you sustained. In the event that no recovery can be made for you, our legal services are absolutely free.

Victim of Dooring on Milwaukee Avenue Receives $60,000.00 Settlement

A Chicago bicyclist who was doored on North Milwaukee Avenue in April of 2015 has received a $60,000.00 settlement from the insurance company for the driver that caused her injuries. The dooring occurred as the bicyclist was riding north on North Milwaukee Avenue towards its intersection with West Haddon Avenue in West Town. At the same time the driver had just parked her vehicle on Milwaukee Avenue. Without looking, the motorist unfortunately made the regrettable decision to swing her driver’s door open into the designated bike lane on Milwaukee Avenue where the bicyclist was unable to avoid the collision. 

Chicago Bicycle Laws Outlaw Doorings

It is troubling that bicycle accidents from doorings still occur in areas like West Town where there are designated bike lanes and consistent bicycle traffic. The law in Illinois generally and Chicago specifically make the act of dooring illegal. Section 11-1407 of the Illinois Vehicle Code and Section 9-80-035 of Municipal Code of Chicago address this issue with the same statutory language:

"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."

Common Injuries In Bicycle Crashes

As with almost all doorings, this one could have been avoided had the driver simply checked over her shoulder and her mirror and looked for bicycles that could be expected down the dedicated bike lane. This seemingly simple failure resulted in a serious injury to a young professional who ended up with a broken collarbone, a pile of medical bills and missed time from work. This insurance settlement for the bicycle accident will fairly compensates the bicyclist for her medical bills and missed time from work and also compensates her for the pain and suffering she went through while recovering from her injuries. Fortunately the bicyclist did not have to undergo surgery for her fractured collarbone and healed with rest and some physical therapy. Due to this she will be able to use most of her settlement towards getting back to her life and putting this event behind her. 

Bicycle Accident Lawyers

If you have been injured in a bicycle accident, it is important that your get as much information as possible right away regarding your legal options. 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 Injured When Tow Truck Makes Illegal "Right Hook" in Lincoln Park

A 38-year old Chicago bicyclist was injured in a crash with a tow truck in Lincoln Park early Thursday. The bicycle accident took place when both the bicyclist and the tow truck were travelling east on Fullerton Avenue and approaching Halsted Street near DePaul University. This is a six-corner intersection with Fullerton and Halsted intersected diagonally by Lincoln Avenue as well. There are bike lanes at or near this intersection on all three of these major Chicago streets. The official bike map for the City of Chicago clearly marks the presence of bike lanes on Fullerton, Halsted and Lincoln. 

Chicago Bicycle Crashes Often Occur At Intersections

According to the original news reports, the collision between the bicyclist and the Ford F-650 truck occurred when the driver of the tow truck apparently did not check the blind spot of the vehicle and turned across the bicyclist as the tow truck turned from Fullerton onto Halsted Street. 

Since the initial reports it has been clarified that the bicyclist was injured but not killed. As a result of the impact, the bicyclists was knocked off of her bicycle and suffered a head injury. Paramedics responded to the scene and transported the bicyclist to Illinois Masonic Hospital.

Chicago Bike Law Prohibits Right Hooks

This type of collision is what is known as a "right hook" turn and it is specifically prohibited by the law. 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.” 

In very simple terms, a motorist MUST make sure that they do not make a right turn in front of a bicyclist. This is particularly crucial in urban areas such as Chicago's Lincoln Park neighborhood where there is a large amount of bicycle traffic. In fact, immediately west of the intersection of Fullerton and Halsted there is a marked bike lane and signage indicating the presence of bicycles and other signs providing bicyclists directions. 

Chicago Police Department's Major Accident Investigation Unit (MAIU)

Given that this was an accident that involves serious bodily injury or death, the Chicago Police Department policy is that the Major Accidents Investigation Unit are to conduct a full investigation. The driver of the tow truck was issued a traffic ticket at the scene, but there are no further details as to the exact charge for the citation. 

The traffic laws in place are to protect all users of the roadway, including bicyclists. This collision could most likely have been avoided by the driver of the truck simply checking the blind spot of the vehicle before turning across Fullerton where the bike lanes on Fullerton and Halsted intersect and bicycle traffic is frequent and well known. 

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 Died One Week After Collision With Semi-Truck In Avondale

The Chicago Sun-Times has reported that 48-year old Robert Lewis has died as a result of injuries he sustained in a collision with a semi-truck in the afternoon of Wednesday, September 2nd. The fatal bicycle accident occurred in the 3400 block of North Kedzie in the Avondale neighborhood on Chicago's Northwest Side. There were no further details reported. 

After the collision, Mr. Lewis was taken by ambulance to Illinois Masonic Medical Center where he remained until his death. Mr. Lewis lived on the northwest side on West School. Our thoughts and prayers are with the family and friends of Mr. Lewis and all those affected by this loss.

$350,000.00 Settlement for Chicago Bicyclist Injured When Riding Over A Pothole

A Chicago bicyclist who was severely injured in April of 2011 in a bicycle accident after hitting a pothole next to a rail track was awarded a $350,000.00 settlement to resolve her lawsuit against a local railroad. The bicyclist sustained fractures of both bones in her forearm and the bone in her upper arm. These fractures required two separate surgeries to repair the injuries. 

Defective Track Conditions Can Be Dangerous To Bicyclists

The incident occurred on Chicago's Goose Island on the near North Side of Chicago while the bicyclist was riding home. The crash occurred as the bicyclist rode over the rail road tracks near the intersection of Magnolia and Blackhawk near the Chicago River. The area is just to the east of Elston near the Morton Salt depot. 

The railroad tracks at this location are inlaid in the street itself so they are flush with the pavement. The bicyclist was unable to see the pothole because it was on the far side of the tracks as she crossed over the set of the railroad tracks to the east. Adding to this dangerous condition was the fact that the pothole was dark in color and from a distance appeared to be a part of the rail track itself, not a submerged defect that was not flush with the street and the railroad track. 

As a result of the nature of the pothole, the bicyclist did not see the defect until she was literally over it and her front wheel became lodge in it. When the wheel became lodged, the bicyclist's momentum carried her "head over heels" over her front handlebars. She instinctively put out her hands to break her fall and due to the way she landed she unfortunately sustained the fractures in her arm. 

Illinois Railroads Required To Repair Dangerous Conditions

Railroads have unique responsibilities to maintain their property under Illinois law.  Section 18c-7401(1) of the Illinois Vehicle Code provides that the railroad was generally required to maintain and operate all of its tracks and other property in Illinois in a manner that posed “no undue risk” to the person of any member of the public. Section 18c-7401(3) of the Illinois Vehicle Code specifically required  the railroad to maintain its tracks, in this case the property adjacent the tracks, as well as the road crossing over its tracks so that the “roadway at the intersection shall be as flush with the rails as superelevated curves will allow.” In short, the Illinois Vehicle Code says that all railroads have to work to eliminate any risks near the tracks and to make the roadways next to tracks as even and flush as possible. 

Most interestingly is that during the case it was discovery that the railroad had conducted several inspections of the area in the weeks leading up to this bicycle accident, including an inspection the very day before the crash. It was also determined that the inspection would have required the railroad inspector to literally walk over the area where the pothole was. Yet, the railroad unfortunately did not take any steps to either note the condition nor take action to correct it. 

Faced with these facts and the severity of the injuries, the railroad agreed to participate in negotiations to resolve the case. The case settled after two separate Pre-Trial Settlement Conferences with a judge in the Circuit Court of Cook County. This $350,000.00 settlement compensates the injured bicyclist for all of her medical bills as well as her pain and suffering, loss of a normal life, and the scars she has from her injuries and the surgery.

Keating Law Offices - Chicago Bicycle Accident Attorneys

Ironically, the bicyclist met with another personal injury law firm in Chicago that she contacted after seeing their ads near a CTA platform. The attorneys at that law firm told the bicyclist that she did not have a case and that they were not interested in pursuing the case. The bicyclist then contacted Keating Law Offices who, after four years of litigating the case, were able to obtain a successful resolution for the injured 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 312-208-7702 or 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.