$300,000.00 Settlement for Injured Triathlete Shows Importance of Fighting for Underinsured Motorist Insurance Coverage

Last spring on a beautiful day a local bicyclist and her adult daughter went on a bicycle ride through Naperville. Their pleasant day was cut short when a motorist failed to notice them and turned immediately in front of the bicyclists. The daughter was able to avoid the driver but the other bicyclist slammed into the side of the motor vehicle and was thrown off of her bicycle. She landed hard and struck her head in the process.

 

The Naperville police issued a citation to the motorist for failing to yield the right of way to the bicyclists. The driver of the motor vehicle - who had a troubled history of traffic tickets - pled guilty to the ticket in court and was fined and sentenced to supervision. 

The bicyclist was taken by ambulance to the hospital. Radiological exams later showed that the bicyclist suffered severe injuries including a lacerated spleen and a fractured left rib. The exams also showed some bleeding in the brain but doctors later considered this condition to be the result of a pre-existing condition and not necessarily directly related to the crash. The bicyclist was required to stay in the hospital for days while under observation, a circumstance made even more painful when she couldn't have any visitors due to Covid-19 precautions at the hospital. 

Underinsured Motorist Coverage 

The insurance company for the driver immediately paid the $100,000.00 policy limits for the claim. The driver was clearly at fault and the bicyclist suffered serious injuries. However, this case became complicated when pursuing additional insurance. 

The bicyclist and her husband also had what is known as Underinsured Motorist Coverage as a part of their insurance coverage with their insurance company. This Underinsured Motorist Coverage is for exactly this type of situation where the settlement value of the insurance claim far exceeded the $100,000.00 available through the driver's insurance company. In this instance the injured bicyclist was eligible for an additional $200,000.00 in insurance coverage. 

As her attorneys on the case, we immediately made what is known as a "policy limits demand" of the bicyclist's insurance company. In Illinois, the Illinois Insurance Code requires insurance companies to promptly pay valid claims. However, in this instance the bicyclist's insurance company attempted to claim that because the brain issue may have been pre-existing, that they did not have to provide insurance coverage. The insurance company flat out denied the claim.

Attorney Mike Keating refused to accept this argument and the denial. The reality is that in Illinois our laws provide protections for injured persons even in a situation such as this. What the insurance company failed to take into account was that the bicyclist was a nationally ranked triathlete in her age group. She obviously was not suffering from any kind of ailment. In other words, the insurance company was trying to take advantage of the situation to not pay the claim. 

Illinois Law on Pre-Existing Injuries

In law school we are taught about the "egg shell skulled" injured person. This old analogy is used to teach that even if someone is very fragile, an insurance company should not argue that an injury happened because of who they are. If they're legitimately injured, they're legitimately injured and the insurance company should provide insurance coverage to compensate the injured person. For example, you can't compare a senior citizen to an N.F.L. linebacker. 

Insurance companies are required to follow the personal injury laws in Illinois. In Illinois the law is that an injury can be proven to be "caused" by an incident even if it is a combination of factors that cause the injury. This is what is known as "proximate cause" and in Illinois the definition of that is "A cause that, in the natural or ordinary course of events, produced the plaintiff's injury. It need not be the only cause, nor the last or nearest cause. It is sufficient if it combines with another cause resulting in the injury.” In this case it was the pre-existing condition combined with the crash that led to the injuries. 

Moreover, in Illinois an insurance company can not claim that an injury was "only an aggravation" or "just a pre-existing condition" that caused the injury. If the injured person legitimately gets hurt, then the insurance company should provide coverage. This is how Illinois law is written on this issue, "You may not deny or limit the plaintiff's right to damages resulting from this occurrence because any injury resulted from an aggravation of a pre-existing condition or a pre-existing condition which rendered the plaintiff more susceptible to injury.”

Experienced Attorneys Are Here To Help

This case was a prime example of where experience and dedication to the case made all the difference. Refusing to "accept no for an answer" and continuously pushing back on the insurance company's misguided evaluation made a substantial difference to this client. Also, by aggressively pursuing the case from the onset both insurance claims were resolved relatively quickly given these issues. 

Illinois Bicyclist Killed By Driver On Cell Phone

An Illinois bicyclist has lost his life as a result of a teenage driver being distracted by her cell phone. According to reports, David P. Weber of Venedy, Illinois was riding his Specialized Roubaix bicycle eastbound on Illinois 15 when he was rear ended by a teenage motorist traveling in the same direction. Mr. Weber was thrown from his bicycle and later died of the injuries he sustained in the crash. The crash occurred just after 5:00 p.m. on Thursday, September 7, 2017.

The Illinois State Police charged the driver with failure to reduce speed to avoid a crash, improper passing of a bicycle and illegal cell phone usage. Illinois law requires drivers to give at least 3-feet when passing a bicyclist. The "three foot rule" provides the following:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703)
Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: 

(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

Illinois law also prohibits talking on a cell phone unless using a "hands free" mode and any texting or dissemination of electronic information. Ironically, this very law came into existence when another Illinois bicyclist was killed by a driver who was distracted while downloading a song on her cell phone. The Illinois law banning "texting while driving" went into effect on January 1, 2010 and is set forth in Illinois Vehicle Code at 625 ILCS 5/12-610.2.

(625 ILCS 5/12-610.2) Sec. 12-610.2. Electronic communication devices.
(a) As used in this Section:
"Electronic communication device" means an electronic device, including but not limited to a hand-held wireless telephone, hand-held personal digital assistant, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle. 

(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device. 

(b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

This crash is a tragic reminder of the incredible dangers Illinois bicyclists face on the state's roadways and how vulnerable we are when motorists do not obey the laws put in place to protect bicyclists. Our thoughts and prayers are with the family and friends of David Weber. May he rest in peace.

Caledonia, Illinois Bicyclist Killed in Crash with Pick-Up Truck Operated by a 16-year Old Driver

A Caledonia, Illinois woman lost her life when she was struck by a pickup truck while riding her bicycle earlier this week. Deborah Wright, 49 years old, was riding her bicycle eastbound on Harlem Road near Keeneland Place, in the far right side of the lane, when a 16-year old pickup driver struck her. Mrs. Wright was making her way to Rock Cut State Park, a trail that she biked to three to four times each week, according to her husband. The teen driver has not been charged or ticketed regarding this collision as of yet; however, the accident remains under investigation. Mrs. Wright was married with a husband and three daughters. Our sincere prayers and thoughts are with the Wright family.

As of January 1^st of this year, “Dennis’ Law” went into effect, which provides ALL bicyclists with greater protection under Illinois traffic laws. Keating Law Offices attorney Mike Keating represented the Jurs family in their wrongful death lawsuit and was instrumental in the passing of the legislation. Dennis’ Law makes it clear that bicycles are considered vehicles, which means that all traffic laws using the term “vehicle(s),” apply to bicycles as well. One of the most important aspects of this new law is the clarification that motor vehicles and bicycles receive the same rights on the road in right-of-way situations. A very common collision scenario involves motor vehicles that collide with bicyclists at intersections because they do not yield to the bicyclists right-of-way, even though they should. Therefore, this law will help make the roads safer for bicyclists, in addition to holding motor vehicle drivers accountable for failing to yield to bicyclists who have the right-of-way. 

Illinois has an average of 20-30 bicyclist deaths per year, so Dennis’ Law is an important and positive step toward improving protection offered to bicyclists. Another example of a law that helps to protect bicyclists is Section 11-1003.1 of the Illinois Vehicle Code. This section provides, in part, that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle.” The broad intent of this law is to recognize that bicyclists are vulnerable users of the roadway and are at great risk if involved in a collision. 

Chicago Bicyclist Killed In Crash With Car on West Side

100 Block of North Homan Avenue

Louis Smith, a 56-year-old Chicago bicyclist, was killed in a bicycle vs. motor vehicle crash late Monday evening in East Garfield Park. According to reports, Mr. Smith was riding north on Homan Avenue while the car, a Chrysler 200, was traveling the opposite direction on the same street.

According to Chicago Police and the Cook County medical examiner’s office, Mr. Smith swerved his bicycle into the vehicle, whereby he was fatally injured. Mr. Smith was rushed to Mount Sinai Hospital following the collision, but unfortunately, he was pronounced dead within the hour. The crash remains under investigation by the City of Chicago Police Department Major Accidents Investigation Unit. Investigations by MAIU can take days or even weeks before their findings are released. 

Although no citations have been issued, it is essential to keep in mind the responsibility that all drivers have regarding road safety. The Municipal Code of Chicago has established many laws to protect bicyclists. Specifically, Section 9-40-160 of the Municipal Code of Chicago provides:

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 and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway.

Click here for additional provisions of the Municipal Code of Chicago that encourage bicyclist safety. The Illinois Bicycle Lawyers often rely on the Municipal Code of Chicago as well as the Illinois Vehicle Code to obtain favorable settlements and verdicts for injured bicyclists. Road safety is important for everyone, but it is especially important for bicyclists, as bicycles do not possess all of the same protections that a motor vehicle does. Bicycle vs. motor vehicle crashes are an unfortunate reoccurring reality, so it is important to ensure that all riders and drivers are aware of the rules of the road and their rights for when such an unfortunate event occurs. Our thoughts are with Mr. Smith’s family; may he rest in peace. If you have any questions regarding bicyclist’s rights, please do not hesitate to reach out to us.

This is the second death of a Chicago bicyclist in 2017. Early this year, 34-year old Chicago bicyclist Jezniah Smith, was killed while bicycling on Division Street in Humboldt Park. Keating Law Offices represents the family of Jezniah Smith in a wrongful death action against the driver involved in that crash.  

Chicago Bicyclist Receives $295,000.00 Settlement for Personal Injury Claim After Right Hook by Taxicab Caught on Tape

CDOT Footage Showed Bicyclist Struck By Turning Taxi

A Chicago bicyclist suffered a broken collarbone and a fractured rib when he was "right hooked" by the driver of a taxicab in 2015. The bicycle crash occurred at the intersection of Kinzie Street and LaSalle Street in the River North neighborhood. At the time of the crash the bicyclist was riding westbound in the bike lane on Kinzie Street. At the same time, the cab driver was driving west on Kinzie and attempting to make a right-hand turn onto northbound LaSalle Street.

Bicycle Crash Captured on CDOT Surveillance Camera

The driver of the cab, despite the presence of the Kinzie bike lane, never checked for bicycle traffic and turned right immediately across the bicyclist. The bicyclist was thrown from his bicycle onto the roadway as a result of the impact. The attorneys at Keating Law Offices were able to obtain video footage from the City of Chicago by immediately requesting it. Nearby Chicago Department of Transportation cameras captured the incident and this photograph depicts the moment the bicyclist was thrown threw the air after he was ejected from his bicycle. 

Taxicab Driver Violated Chicago Bike Laws With "Right Hook" Turn

The operator of the taxicab violated state and local traffic laws in making this turn. In Chicago the Municipal Code addresses this scenario. Section 9-16-020 specifically prohibits right turns in front of bicycles. The infographic below details right-hook and left-hook bicycle crashes. The Chicago bicycle law 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.” 

As a law firm that focuses on representing victims of bicycle crashes, right-hook collisions like this are common, especially in congested areas like River North. The reason that these types of crashes are so common is simple: the motorist does not see the bicyclist even though they have the opportunity to do so. The motorist typically makes the turn without ever checking for other traffic - including bicycles - when making the turn and the right-hook collision ensues.

The key words in Section 9-16-020 of the Chicago Municipal Code are "until such vehicle has overtaken and is safely clear of the bicycle." The weight of these words are that it is incumbent upon the taxi cab driver to be absolutely certain that the path is clear before initiating a right turn. A taxicab driver is also supposed to be a "professional driver" and operating their vehicle to to meet the highest standards. 

The injuries from this crash were very severe and required extensive treatment. The bicyclist's fractured collarbone had to be surgically repaired and the other injuries took a long time to heal. During this time the bicyclist was not able to work and lost wages that he otherwise would have earned. Fortunately, this financial settlement of $295,000.00 does more than compensate the bicyclist for his medical bills and lost wages from when he couldn't work. This settlement takes into account the severity of the injury and provides compensation for the pain and suffering and loss of a normal life he experienced as a result of his injuries. 

Keating Law Offices Has A History Of Prosecuting Taxicab and Rideshare Cases

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm has extensive experience handling cases again taxi cab companies and ride share companies like Uber and Lyft for bicycle accidents caused by their drivers. 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. 

CBS News Footage Shows Cab Driver Had A Red Light At Time of Collision With Chicago Bicyclist

CBS News Crew Unexpectedly Records Bike Crash 

While filming a news story about train delays at Union Station, CBS 2 News in Chicago inadvertently captured a bicycle crash between a cab driver and a Chicago bicyclist at the intersection of Canal Street and West Adams Street on Friday, February 24, 2017. CBS 2 later ran a segment on the ten o'clock news and online entitled "Anatomy Of A Bike Crash: Who's At Fault?" Just prior to the collision, the bicyclist was riding northbound on Canal Street and the cab driver was driving westbound on Adams Street. The segment showed the crash video in real time which, like most crashes, happened unexpectedly and suddenly. Keating Law Offices has been retained by the bicyclist to represent him in this matter.

Video Depicts Exact Moment of Bicycle vs. Cab Crash

Initially, the video seemed to suggest that the bicyclist may have entered the intersection on a red light while the westbound cab driver had a green light. However, a closer analysis of the video and a site investigation by Keating Law Offices of the timing sequence of the traffic signals shows that at the moment of the impact the bicyclist had a green light and pedestrians had a "Walk" signal on Adams Street. The video correspondingly demonstrates that at the moment of impact the westbound cab driver had a red light at Canal Street.

The CBS video starts at 00:57 and runs in descending order to 00:00. Below is an image from the CBS footage (00:54) of the bicyclist in the intersection of Canal Street and Adams Street just prior to the impact. The cab is in the background but is obscured by the CBS reporter in the foreground in this image.

The CBS footage (00:53) from moments later depicts the impact between the bicyclist and the taxi cab.

By zooming in on the same moment it is clear that the bright white "Walk" signal was illuminated for the crosswalk on Canal Street just prior to and at the time of the collision.

Here is an even closer look at the white "Walk" signal that was illuminated at the time of impact:

An inspection at the scene by Keating Law Offices discovered that the white "Walk" signal seen in the images above for pedestrians on Canal Street is only illuminated when the westbound traffic on Adams Street, such as the cab in this collision, has a red light.

In addition, Northbound traffic on Canal Street only receives a green light at the same moment that the "Walk" signal is illuminated for pedestrians crossing Adams Street while walking north/south along Canal Street.

Video Shows The Dangers Chicago Bicyclists Face

As noted by the CBS news segment, this crash shows the dangers facing bicyclists in Chicago. And unlike the driver of a motor vehicle, a bicyclist is a vulnerable user of the roadway who is at a tremendous disadvantage when a crash like this occurs.

Attorney Mike Keating Presents to Illinois Trial Lawyers Association on Bike Law

Bicycle Law Attorney Mike Keating

Attorney Mike Keating of Keating Law Offices was honored to be chosen as a speaker at a recent Continuing Legal Education Seminar provided by the Illinois Trial Lawyers Association. Mike Keating discussed recent trends in Illinois bicycle law including the recent changes to the Illinois Vehicle Code as a part of "Dennis's Law."

The legal changes in "Dennis's Law" were made in the aftermath of the dismissal of charges against the driver involved in the death of Dennis Jurs because the judge argued that some legal cases in Illinois created a precedent that a bicycle is not a "vehicle" in Illinois and therefore a bicyclist was not entitled to the right of way. In addition, Mike Keating's presentation focused on ridership trends, increases in bicycling injuries and deaths, and what the trial lawyer bar can continue to do to advocate for victims of bicycle accidents in Chicago and throughout Illinois.

Attorney Mike Keating is a member of the Board of Managers for the Illinois Trial Lawyers Association. He is a leading bicycle litigation attorney and advocate for bicyclists' rights and safe cycling. He currently serves as the Chair of the Bicycle Litigation Committee for the American Association for Justice, the nation's largest trial lawyers group. 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.

Attorney Michael Keating Appears On WGN News To Discuss Dennis's Law And Illinois Bicycle Laws

Attorney Michael Keating of Keating Law Offices discussed the recent change to Illinois bicycle laws with the signing of "Dennis's Law." He appeared live on WGN Morning News in a segment to discuss why this bicycle law is important to all Illinois bicyclists. 

On August 12, 2015 Illinois Governor Bruce Rauner signed into law House Bill 5912 that clarifies that bicycles are “vehicles” under the Illinois Vehicle Code and that motorists must provide the right-of-way to bicyclists in the same manner as motor vehicles. The is known as “Dennis’s Law” after Illinois bicyclist Dennis Jurs who was killed in a collision with a motor vehicle on May 18, 2015 in Hampshire, Illinois. 

"Dennis's Law" was also the subject of news articles by WTTW, the Chicagoist and the Chicago Daily Law Bulletin in which Michael Keating was interviewed regarding the new law and his role in drafting the legislation. 

Joni Beaudry, Mother of Five, Killed While Bicycling In Mt. Prospect

Intersection of Weller Lane and Central Road in Mount Prospect, Illinois

Another bicyclist in the Chicagoland area has lost their life as a result of a collision with a motor vehicle. The most recent collision occurred in Mount Prospect. Last Thursday, Joni Beaudry, a 55-year old mother of five, was riding her bicycle northbound on the sidewalk along Weller Lane approaching the intersection with Central Road in Mount Prospect. This is just to the south of Melas Park in Mount Prospect. Melas Park is well known in the bicycle community as the location of one of the races in the Chicago Cyclocross Cup. 

According to news reports, after Ms. Beaudry activated the crossing signal and waited for the cars in the eastbound curb lane to stop, she began to cross north on Central Road in the marked crosswalk.  At the same time, a Lexus SUV in the eastbound median lane did not stop and struck Ms. Beaudry while she was in the cross-walk.  While she was transported to the hospital, she died later that day as a result of the trauma sustained in the accident.

The driver of the Lexus was issued traffic citations for failure to yield to a pedestrian in the crosswalk and failure to reduce speed to avoid an accident.  Section 5/11-904(b) of the Illinois Vehicle Code imposes a requirement on drivers to come to a complete stop before entering a crosswalk at an intersection, stating, 

“Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.”

Ms. Beaudry fell squarely into the category of individuals protected by this provision, as Section 5/11-1512(c) of the Illinois Code specifically states,

“A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.”

This is a tragic loss of a life as a result of a mistake by the operator of the SUV. Whether the deceased was a bicyclist, or it was anyone else crossing the street by foot or bicycle, a motorist has the responsibility to make sure that the cross-walk is clear before entering the intersection. Instead, a mother of five has lost her life. Our thoughts and prayers are with the family at this difficult time.

"You make house calls?" Why It Is Important That Your Attorney Treats You As More Than Another Client

Illinois Bicycle Law Attorney Mike Keating

A Chicago bicyclist called me last week after he was injured in a crash. He was badly injured and had just gotten home from the hospital. I told him that it was no problem for me to come meet with him in person. His response was, "You make house calls?"

I never thought of it in those exact terms before but, yes, we do make house calls. To me (not just as a lawyer but as a bicyclist) I know how it feels in the days after a bike crash. You are shaken up, in pain, and worried about the days in front of you. The last thing you need is to have to travel down to a law firm. That is why we have always "made house calls" and met with our clients at their home, at work, or wherever is convenient for them. We are also always available to meet in the evening or on weekends if necessary. We are here for you.

In an age where personal injury attorneys advertise on TV and on highway billboards, it is easy for someone to fear that they would be "just a number" or "just another client." Our commitment to the Illinois bicycle community is that we are ready to assist any bicyclist injured anywhere in Illinois at anytime. This can mean anything from offering some helpful advice to complex litigation. But we will do whatever is best for each client. And that always includes "making house calls" when necessary.

Initial consultations are 100% free and with zero obligation. In fact, there are zero attorney's fees unless we make a recovery for you in your case. If you have been injured in a bicycle crash in Illinois, please call Keating Law Offices at anytime. We have online chat operators who are literally available 24/7/365. You can reach us on the phone at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). You can also email Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly.

Keating Law Offices Wins Victory Over CTA In Bike Crash Case

A Cook County Jury has found in favor of a Chicago bicyclist for injuries he sustained as a result of a CTA bus pulling in front of him while he was riding down the Damen Avenue bicycle lane. Attorney Michael S. Keating secured the verdict in the highly contested case after several days of trial in the Law Division in the Circuit Court of Cook County. The case stemmed from an occurrence between the bicyclist and a Chicago Transit Authority bus in November of 2010 near the intersection of Damen Avenue and Division Street.

For over five years the Chicago Transit Authority and its legal department refused to make any offers to settle the case. At one point, the CTA filed a motion asking the judge to throw out the case and claimed that the allegations by the injured bicyclist were "pure fantasy." At another point a Chicago Transit Authority attorney claimed that the case was entirely baseless and said that is was a "Zero Offer" case meaning they would never offer to settle the case. However, the jury found otherwise and held the Chicago Transit Authority and its bus operator to be primarily responsible for the crash.

The bike crash at issue occurred on the morning of November 5, 2010 when the bicyclist was riding in the bike lane down Damen headed towards Chicago's medical district. As the bicyclist passed Division Street there was a CTA bus stopped at a bus stop. As the bicyclist approached the bus, the bus pulled out from the stop. The CTA's own Standard Operating Procedures requires a bus operator to check their mirrors to make sure it is clear to pull out and to only pull out when it is safe to do so.

The CTA, however, was able to locate a witness who claimed that the bicyclist ran the red light on Division Street and was riding too fast just prior to the crash. The CTA further claimed that the crash occurred when the bicyclist attempted to pass the CTA bus on the right and crashed into a construction barrier. The CTA also attempted to claim that because there was no contact between the bus and the bicyclist that they were not to blame. In short, the CTA claimed the bicyclist was 100% to blame.

Surveillance video from the bus showed the bicyclist crashing into the construction barrier and did not show any contact on the passenger side of the bus. However, the bus did not have surveillance video on the driver side where the bicyclist was cut off by the bus. Most significantly, the responding paramedic to the scene and the CTA's own supervisor made reports right after the crash that reflected that there was contact between the bus and the bicyclist. The CTA's original reports contained a statement from the CTA's own witness that there was contact between the CTA bus and the bicyclist prior to the bicyclist losing control and crashing.

The CTA made every effort to prevent the injured bicyclist from obtaining compensation for his injuries. However, the Cook County jury was able to view all of the evidence and attempted to make a fair award for the bicyclist. According to one of the jurors, the jury used the arguments made by Attorney Keating in his closing argument as the basis to render a verdict in favor of the injured bicyclist.

Attorney Keating said the following regarding this verdict:

"One of my favorite expressions is "talk is cheap and actions speak louder than words." I always say that I will always fight for my clients to the very end. In this case the CTA took a hard line approach and forced me to try the case. We tried the case and won. I am very pleased to have obtained a verdict for my client after all these years of litigation."

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.

Bike Attorney Mike Keating's Article, "Bicycling In An Automobile's World," Published In Trial Magazine

Illinois Bicycle Law Shield

More Americans use bicycles than ever before, but decaying infrastructure, automobile-focused transportation policies, and a lack of federal funding put bicyclists at serious risk of harm. These are the issues investigated in a recent journal article authored by Keating Law Offices attorney Michael S. Keating. The article, entitled "Bicycling In An Automobile's World," was recently published in Trial Magazine. Trial Magazine is an award-winning publication produced by the American Association for Justice, the national trial lawyer organization that works to promote a fair and effective justice system for injured Americans and their families. 

America's Decaying Infrastructure May Directly Lead To Bicycle Accidents

For decades, the United States has failed to adequately incorporate bicycles into its overall transportation plan, instead focusing almost entirely on motor vehicle traffic. This longstanding transportation policy has resulted in roadways, bridges, and other elements of transportation infrastructure that are not “bike friendly.” Bicyclists are vulnerable roadway users and current transportation policies unfairly place them in harm’s way, leading to crashes that could have been avoided by adding bicycle-friendly features into the transportation infrastructure. A bike-friendly transportation project incorporates features such as bicycle lanes and paths, and it creates safer streets so that its overall design helps bicyclists stay safe.

Illinois Bicycle Attorney Michael S. Keating

Attorney Michael S. Keating is a national leader in the field of bicycle litigation.  Keating Law Offices has successfully represented hundreds of injured bicyclists and their families and in the process recovered millions of dollars in settlements and awards. Mr. Keating has served for years as the Chair of the American Association for Justice's Bicycle Litigation Committee and is an active member of the Active Transportation Alliance and Ride Illinois, formerly the League of Illinois Bicyclists. 

Keating Law Offices Is Always Available For A Free Consultation

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.

Scofflaw Driver Claims "Ghost Car" Causes Crash That Severely Injures Two Bicyclists

Driving record of offending motorist who claimed a "ghost car" caused Illinois bike crash. 

A driver with a long and troubled history of traffic violations tried to claim that it was a "ghost car" that caused a bicycle crash in August of 2015 that seriously injured two bicyclists. "Ghost cars" or "phantom vehicles" are terms that lawyers and police officers use to describe mythical cars that only drivers who are suspects in crashes conveniently see before a collision. "Ghost cars," like a mythical figure, only appear momentarily before disappearing forever. "Ghost cars" also drive erratically and force other drivers to swerve out of their way but unfortunately into something or someone else. 

The Legend of the "Ghost Car" in Vehicle Accident Cases

The motorist who struck two Chicago-area competitive cyclists in late summer of claimed that the crash was caused by a "ghost car." The driver and the cyclist were traveling in the same direction on a major road in the far northern suburbs when the driver swerved over the fog line and onto the shoulder of the road where the two bicyclists were riding. The driver struck both bicyclists and caused serious injuries. 

Fortunately for the cyclists, there were two other witnesses to the crash and a responding police officer who wrote in his report that he did not find "credible evidence" of the ghost car. The problem with stories like this is that the insurance companies will often latch onto stories like this and use it as an excuse to delay a claim or deny it entirely while they "complete their investigation." In all cases an insurance company does have a duty and responsibility to investigate all claims. It's part of their job. But when the facts of the case are so overwhelmingly in favor of the injured person, the claim of an "investigation" becomes nothing more than an excuse to use the Three Ds Of Insurance Defense: Deny, Delay & Don't Pay. 

Our law firm was in contact with the responding police officer and the local county prosecutors' office right away. In the course of our investigation it was learned that the driver had received SIX separate traffic citations within five years. The driver was originally charged with a simple traffic violation, but Lake County prosecutors were encouraged by our firm and the responding police officer to pursue more serious charges given the extreme misconduct of the driver and the fact that serious injuries were sustained. The prosecutors made the decision to drop the misdemeanor traffic ticket and are preparing to file felony traffic charges against the motorist for the crash itself and his claims at the scene about the "ghost car." 

Illinois Laws Provide Bicyclists Protection on all Illinois Roadways

The improper lane change by this motorist on a state roadway violated Section 11-709 of the Illinois Vehicle Code. It is important to note that cyclists have the same rights on all state roads as motorists.

Section 11-709 of the Illinois Vehicle Code states that “a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (625 ILCS 5/11-709).

As evidenced by this collision in August of 2015, there was no dispute that it was unsafe for this motorist to move his vehicle from the left lane of Illinois Route 120 to the right lane and directly into the path of the cyclist himself and his bicycle, striking him and causing serious personal injuries.

Keating Law Offices Works To Protect Cyclists Throughout The State of Illinois

The injured bicyclist in this case was represented by attorneys Michael Keating of Keating Law Offices. The cyclist is a member of a local road bike racing team focused on road cycling and triathlon competitions. Given the extremely competitive nature of road bicycle racing, this cyclist will have residual negative effects of a decline in his training level that will permeate into the 2016 season. It was very important for the Illinois Bicycle Lawyers at Keating Law Offices to recover the maximum amount of money available from State Farm on behalf of this injured competitive cyclist and we are proud to have done so.

Bicycle Crash 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. 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.

Grand Rapids, Michigan Implements "Five Foot Rule"

Grand Rapids, Michigan has implemented new local bicycle rules that include a "5-Foot Rule" that would require motorists to wait to pass bicyclists until they can do so with a minimum of five feet of clearance between the right side of their vehicle and the bicyclist. This legal development was reported by Matt Vande Bunte in a recent article.

Bicycle Law Can Help Protect Bicyclists

This is a very important legal development from a national perspective as a 5-Foot Rule is a considerable increase (66.67%) over the "standard" 3-Foot Rule seen in most states and municipalities. Grand Rapids originally considered the more common 3-Foot clearance but the Grand Rapids City Commission voted on September 22nd to increase it to five feet at the request of the Greater Grand Rapids Bicycle Coalition. According to the article, the interim director of the Greater Grand Rapids Bicycle Coalition, Jay Fowler, was quoted as saying that this rule would accommodate bicycles in Grand Rapids and that they "believe (the 5-Foot Rule) will position Grand Rapids in a very aggressive light." 

Interestingly there was only one dissenting vote among the Grand Rapids City Commission over the concern that a 5-Foot Rule would create congestion because motor vehicle operators would have to wait behind slower bicyclists until there was an opportunity to pass in a safe and legal manner. However, it seems that there was a strong consideration that this aggressive legal position would attract bicyclists to the area knowing that there was an increased legal protection on their side.

Illinois Law Demands Motorists To Give Bicyclists Three Feet When Passing

Here in Illinois our statewide law requires operators of motor vehicles to provide bicyclists at least three feet of distance between the motor vehicle and the bicyclist. The term "The 3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703) Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: 

(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

Illinois Bike Law Attorneys At Keating Law Offices

Here is an Infographic that the Illinois Bicycle Lawyers at Keating Law Offices created regarding the 3-Foot Rule in Illinois:

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.

Cannondale Announces Massive Recall Of 23,000 Mountain Bikes From Model Years 2011 - 2015

The United States Consumer Products Safety Commission has announced a recall of Cannondale mountain bikes because of an issue with potentially defective stem/steer tube assemblies. The concern is that the OPI stem/steering tube assemblies could fail which could lead a bicyclist crashing and sustaining injuries. The recall includes approximately 23,000 Flash, FSi , F-4, F-5, F-29, Lexi, RZ, Scalpel and Trigger Cannondale mountain bicycles with model years from 2011 through 2015. The Cannondale mountain bikes at issue have OPI stem/steering tube assemblies with “OPI” printed diagonally across the stem/steering tube in black letters.

The recalled Cannondale mountain bicycles were sold at authorized Cannondale dealers nationwide from July 2010 to July 2015 for between $2,000 and $10,000. The CPSC recommends that riders who have a Cannondale mountain bike that is affected by this recall immediately stop using the bicycle and take it to the nearest authorized Cannondale dealer for a free repair. Cannondale dealers will fit a locking reinforcement wedge assembly inside the OPI stem/steering tube and replace the clamp bolts.

Illinois Law Protects Bicyclists From Defective Products

Recalls occur in an effort to proactively prevent bicycle accidents from a potentially defective product before that accident takes place. In this case, Cannondale issued the recall even though there were no injuries reported from the issue with the assembly. When a manufacturer discovers a potential product defect, it is required to recall the defective product immediately. Manufacturers of defective products are liable for all foreseeable injuries that occur as a result from use of the defective product. This is known as "strict liability" under Illinois law. The law in Illinois is very clear when it comes to product defects: if a bicyclist is using a bicycle and its components in a normal manner, and the bicycle product fails to work and a bicycle accident occurs, the manufacturer is liable. Under Illinois law, a liable manufacturer would have to compensate the injured bicyclist for their "damages" which would include their personal injuries such as medical expenses, pain and suffering, disfigurement and lost wages.

Illinois Bike Attorneys At Keating Law Offices

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.

Bicycle Attorney Michael Keating of Keating Law Offices Presides Over National Meeting of Bicycle Lawyers

Attorney Michael S. Keating of Keating Law Offices, P.C. in Chicago recently attended the annual conference of the American Association for Justice. This year's conference took place over the past week in Montreal. At the convention, Mr. Keating led the meeting of the Bicycle Litigation Committee. The Bicycle Litigation Committee is made up of attorneys from around the United States who dedicate part of their practice to representing injured bicyclist. The committee exists to promote laws that create safer streets for bicyclists and to support the attorneys in their practices to prosecute cases on behalf of injured or wrongfully killed bicyclists. 

Attorney Keating has served as the Chair of the American Association for Justice’s Bicycle Litigation Committee since 2013. The American Association for Justice (AAJ), is also known as the Association of Trial Lawyers of America. AAJ is the world's largest trial bar and works to defend the right of accident victims.

Michael S. Keating is considered a national leader in the field of bicycle litigation. He currently handles numerous bicycle accident cases in courtrooms throughout Illinois including several high profile cases involving wrongful death and serious personal injuries. Keating Law Offices focuses its practice on representing victims of bicycle accidents and their families and is dedicated to the sole mission of obtaining justice on their behalf.

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 in wrongful death and personal injury cases 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 absolutely confidential and free. Please feel free to contact the firm at any time. We are committed to helping our clients.

5 Questions To Ask A Bicycle Attorney After A Bike Crash

The Illinois Bicycle Law Shield

As an Illinois bicycle attorney that handles a large caseload of personal injury cases that stem from bicycle crashes or collisions, I'm asked a large variety of questions by clients. I often tell clients about the questions I would ask if I was "on the other side of the desk" and looking for an attorney to represent me. 

Here are the 5 Questions I would ask an attorney before retaining them in a personal injury case stemming from a bicycle accident:

1. How long have you been practicing in the field of personal injury law? The attorneys at Keating Law Offices have years of experience handling personal injury cases, specifically bicycle-related cases. No two cases are the same, and having a wealth of experience to rely on is often the key to a successful resolution to a case.
2. If necessary, are you prepared to take my case to trial? Many attorneys who hold themselves out as "trial lawyers" rarely, if ever, take their cases to trial. Attorney Mike Keating has repeatedly been named a "Rising Star" by Illinois Super Lawyers and Chicago magazines, has a perfect "10/10 Rating" on AVVO, and also named to the "Top 40 Under 40" list of top young trial attorneys for his record of winning at trial. He also is the Chair of the Bicycle Litigation Committee for the national trial lawyers organization.
3. Are you familiar with the traffic laws for bicyclists? In the past few years Illinois and many of the municipalities, especially the City of Chicago, have enacted new laws that directly impact bicyclists. Attorney Mike Keating has directly lobbied local and state governments as an advocate for bicyclists' rights. As a member of the Illinois Trial Lawyers' Associations' Legislative Committee, Attorney Keating ensured that there is always a voice for injured cyclists within the organization.
4. Do you specialize in personal injury? Again, while many attorneys may work on some personal injury cases, the attorneys at Keating Law Offices only work on personal injury cases and regularly participate in the litigation of our cases in courtrooms throughout Illinois.
5. Do you ride a bike? What may sound like a silly question is actually very important. Only riders know what it feels like to ride in a crowded urban or suburban environment. An understanding of the "ins and outs" of bike riding can make the difference in successfully handling a case. This question can also let you know whether the attorney is sincere about advocating for bicyclists' rights.

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.

Illinois Bicycle Lawyer Mike Keating Named a "SuperLawyer" for the 5th Straight Year

Keating Law Offices attorney Michael S. Keating has been named a "Rising Star" by SuperLawyers Magazine. Only 2.5% of Illinois attorneys receive the “Rising Stars” honor and are recognized by Super Lawyers magazine each year. Attorney Keating has now been named a "Rising Star" in 2011, 2012, 2013, 2014 and 2015.

In order to become part of this prestigious list, all attorneys go through the Rising Stars selection process. SuperLawyers magazine invites Illinois lawyers once a year to nominate the top attorneys they have personally observed in action while an attorney-led research team searches for lawyers who have a high degree of professional competence.

SuperLawyers research team then evaluates each candidate based on the following 12 indicators: verdicts and settlements; transactions; representative clients; experience; honors and awards; special licenses and certifications; position within the law firm; bar and or other professional activity; pro bono and community service as a lawyer; scholarly lectures and writings; education and employment background; and other outstanding achievements.

Based on these 12 indicators and final selection by SuperLawyers team, Attorney Michael Keating was selected. He believes that he has a responsibility to his community, which is why he is a member of the Illinois State Bar Association, the Chicago Bar Association, the Chicago Area Runners Association, and the Active Transportation Alliance.

Attorney Keating leads the Keating Law Offices team with the upmost dedication, rigor and passion to pursue justice for individuals and families whose lives have been affected by the negligence of others. Keating Law Offices concentrates its practice on personal injury, medical malpractice, bicycle and other transportation negligence, premises liability, products liability, and nursing home negligence and abuse cases. The firm has successfully represented clients throughout Illinois since 2008.

Mike Keating also serves as the Chair of the Bicycle Litigation Group for the American Association for Justice, the national trial lawyers organization. He is one of the youngest committee chairs in the entire United States.

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

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

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

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

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

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

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

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

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

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

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

The Illinois Vehicle Code states that any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway…except (iii) when reasonably necessary to avoid conditions. 625 ILCS 5/11-1505.

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

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

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

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

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

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

Although Chicagoans know the frigid temperatures, wind chills, and snow and ice storms that so often happen during the winter months here in Chicago, the key to staying safe and warm as a cyclist is to layer clothing, be a defensive cyclist, and follow the regulations provided by Illinois law.
 
If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.