Illinois Law Requires A Bike Light - Daylight Savings Time Is A Reminder To Get One If You Don't Have One

Daylight Savings time is in effect again and until the Winter Solstice on December 22nd the days will get continually shorter. Even after the solstice it is many weeks before we get out of long nights and commutes home will again be in daylight. 

Lights Are Important

There is no way around the fact that Illinois bicyclists who commute to work via their bikes will be riding home in the dark. Because of this bike lights are critically important for all bicyclists. A headlight in particular provides the rider greater visibility and makes you more visible to motorists. A simple set of bike lights can categorically affect the risk of getting injured in a bicycle accident. Thinking "well, there's streetlights, I'll be ok" is an unreasonable and unnecessary risk. It is also illegal. 

Illinois Law Requires 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:

1. A lamp on the front that emits a white light that can be seen for 500 feet; and
2. A 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.

Illinois Bike Lawyers at Keating Law Offices Proud to Sponsor the Intelligentsia Cup

For the third year in a row, Keating Law Offices is sponsoring the Intelligentsia Cup Prairie State Cycling Series. The title sponsors of the event are Intelligentsia Coffee and SRAM. The 2015 Prairie State Cycling Series has three races in Chicago with stops on July 17th in Beverly, July 18th in South Shore and July 26th near Union Park on the near West Side. In addition, there are stops on July 19th in Willow Springs, July 23rd in Waukegan, July 24th in Elmhurst and July 25th in Lake Bluff.

The Prairie State Cycling Series is put together by the same team behind Tour of America's Dairyland (ToAD). 2015 is the third year for the Prairie State Cycling Series in Illinois. The goal of the promoters is that the PSCC would be a premiere event every July to complement the racing of ToAD every June. 

Regarding Keating Law Offices' sponsorship of the PSCC, attorney Michael Keating of Keating Law Offices said:

"The Illinois Bicycle Lawyers of Keating Law Offices are very pleased to sponsor the Prairie State Cycling Series. Taking part in events like this is an opportunity to give back to the bicycling community in Illinois and showcase bicycling as not just a recreational activity but a pro-level sport. This is the third straight series we have sponsored an it is incredibly rewarding to see this series continue to grow. As advocates of Illinois bicyclists, we are committed to promoting bicycling in Illinois, whether it be advocating for safer streets, fighting for our clients who were injured in a bike accident, or even supporting pro-level bicycling in Illinois. We look forward to the 2015 series."

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.

Keating Law Offices Launches Bicycle Awareness Campaign

The Illinois Bicycle Lawyers at Keating Law Offices in Chicago, Illinois have launched a Bicycle Awareness Campaign. The Illinois Bicycle Lawyers' most recent efforts to promote safe bicycling does so by reaching out directly to motorists.

The Chicago, Illinois law firm that concentrates its practice on representing victims of bicycle accidents is providing free bumper stickers to motorists. The bumper stickers serve as an opportunity for motorists to declare that they "Share The Road" and "Look For Bikes." At the same time, other motorists are reminded that bicycles are on the roadway.

Attorney Michael S. Keating, who also serves as the Chair of the Bicycle Litigation Committee for the national trial lawyer's association, says that including motorists is an important part of promoting safe bicycling. Attorney Keating said: 

"Far too often we see the devastating effects of a collision between a bicyclist and a motor vehicle. And a common factor in those collisions is that the motorist didn't look for bicycles or didn't share the road by providing the bicyclist the three feet required under Illinois law. With this campaign the goal is to spread this message right on the roadways with visual reminders and add to the efforts to increase safe bicycling in Illinois." 

To receive the "I Share The Road" or "I Look For Bikes" bumper stickers for free, simply email ChicagoBikeFlag@KeatingLegal.com and include your mailing address. For more information on Keating Law Offices, please visit IllinoisBicycleLaw.com and KeatingLegal.com. 

Keating Law Offices is the premiere personal injury law firm in Illinois that dedicates its practice to representing victims of bicycle accidents. The firm is recognized as a national leader among bicycle attorneys and is a committed advocate to safe bicycling in Illinois. 

Contact Keating Law Offices at 312-239-6787 or Info@KeatingLegal.com.

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.

Claim Settled for Bicyclist Struck While Crossing Busy Street in Crosswalk

Illinois Bicycle Lawyer Michael S. Keating secured a substantial settlement for a bicyclist who was struck by a motorist at the intersection of Janes Avenue and 83rd Street in suburban Woodridge last August. The bicyclist, who was riding northbound along the sidewalk parallel to Janes Avenue, was crossing the intersection in the crosswalk pursuant to a green light and pedestrian “walk signal.” The motorist, who was subject to a red light, attempted to make a left turn off of eastbound 83rd Street onto southbound Janes Avenue. As the driver proceeded into the turn, she entered the marked crosswalk and struck the bicyclist.

While adult bicyclists most often ride their bicycle in the street, this is not always the case due to the design of a roadway or intersection or when the roadway is an extremely busy and dangerous throughfare. Pursuant to Section 11-1512(c) of the Illinois Vehicle Code, when a bicyclist is using a crosswalk to cross a roadway, the rider is treated as a "pedestrian" under the law. And Illinois law is very clear on the responsibility of an Illinois motorist to yield the right-of-way to pedestrians in a crosswalk at an intersection. Section 11-1002 of the Illinois Vehicle Code states that “the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk.” This responsibility is made even more clear when the pedestrian is both in a crosswalk and with a green light and walk signal.

The bicyclist in this case sustained severe injuries as a result of this collision. The brunt of the impact was sustained by the bicyclist’s left leg, which was crushed between his bicycle and the driver’s car. The bicyclist was immediately taken to the emergency room with excruciating left leg pain and was required to undergo medical treatments for the next two months following the crash.

The Illinois Bicycle Lawyers made a claim with the driver’s insurance carrier for the bicyclist's "elements of damages." Elements of damages are the different categories of a claim that make up a claim. In this case, claims were made for the bicyclist's personal injuries, medical bills, pain and suffering, and loss of a normal life. As we have mentioned in previous blog posts, “loss of a normal life” is a compensable damage in Illinois. It is defined as “the temporary or permanent diminished ability to enjoy life,” and “includes a person’s inability to pursue the pleasurable aspects of life.” Under Illinois law, anyone injured in a bicycle crash caused by someone else is eligible for compensation for their loss of a normal life, since “loss of a normal life” varies from person to person and case to case.

Here, the bicyclist sustained a temporary inability to ride his bike or engage in the daily activities to which he was generally accustomed. Before the crash, the bicyclist was extremely active—he worked out at the gym and ran or rode his bike every single day. For six weeks after the crash however, he could not engage in any of his normal physical activities due to his injuries.

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.

Niles Plans to Improve Bicycle Path Crossing at Location of Bicyclist's Death

In a previous post, we detailed the tragic passing of a 39-year-old bicyclist, Jeremy Ghisols. Jeremy was killed while bicycling in Niles near the intersection of the North Branch Trail and Howard Street. Prior to this bicycle crash, the Village of Niles identified the scene of the crash as one where safety improvements—such as flashing beacons, signage, and striping for a crosswalk—would benefit local bikers, pedestrians, and motorists.

Now, according to The Niles Journal, it appears that construction of a bike crossing is finally underway at this spot, no doubt inspired by Jeremy. Currently, there are no signals, signs, or markings whatsoever to indicate where the North Branch Trail crosses Howard Street, making the crossing incredibly dangerous for bicyclists and motorists alike. Soon, however, the new crossing will feature a push-button activated, rapid-flash beacon; advance warning signs; and even ADA-approved warnings and markings to make the crossing as safe as possible for the many bicyclists and pedestrians who use it every day.

While it is certainly a positive step by Niles to include these improvements, it is hard not to consider whether traffic safety infrastructure like this could have made a difference in the bicycle crash that took Jeremy's life. This is why it is important that all cities and the state make efforts to be proactive, rather than reactive. 

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.

Illinois Bicycle Lawyers at Keating Law Offices Sponsor Prairie State Cycling Series

The Illinois Bicycle Lawyers at Keating Law Offices are again sponsoring the Prairie State Cycling Series (PSCC). The PSCC is brought by the same race promoters as the Tour of America's Dairyland (ToAD) an immensely popular race series every June in locations throughout Wisconsin. Now in its second year, the Prairie State Cycling Series continues to experience incredible growth in popularity and number of racers. The goal of the promoters is that the PSCC would be a premiere event every July to complement the racing of ToAD every June.

Regarding Keating Law Offices' sponsorship of the PSCC, attorney Michael Keating of Keating Law Offices said:

"The Illinois Bicycle Lawyers of Keating Law Offices are very pleased to sponsor the Prairie State Cycling Series. This is the second year we have sponsored the Prairie State Cycling Series, but our sponsorship of races in Illinois with this group goes back years to when we sponsored the Prairie State Criterium in St. Charles in 2012. As advocates of Illinois bicyclists, we are committed to promoting bicycling in Illinois, whether it be advocating for safer streets, fighting for our clients, or even supporting pro-level bicycling in Illinois."

 Here is a listing of all of the races in the Prairie State Cycling Series along with links to each race.

• July 18th - Vista Health System Waukegan Criterium
• July 19th - Northwestern Medicine Lake Bluff Criterium
• July 20th - Tour de Crystal Lake
• July 23rd - Willow Springs Road Race
• July 24th - 12th Annual Beverly Hills Cycling Classic
• July 25th - Superior Ambulance Elmhurst Cycling Classic
• July 26th - Chicago Criterium
• July 27th - Downers Grove Criterium

Attorney Mike Keating and other members of Keating Law Offices will be at each race cheering on the riders. Please say hello if you are at the races. This is a very exciting time for bicycling in Illinois. The popularity of the Prairie State Cycling Series reflects the growth in the popularity of bicycling in Illinois whether it be recreational riding for fun or exercise, commuting by bicycle, or competitive bicycling.

Keating Law Offices is the premiere law firm in Illinois that represents victims of bicycle accidents and crashes. Attorney Michael S. Keating is the Chair of the Bicycle Litigation Committee for the National Trial Lawyers Associaiton, the American Association for Justice. The firm is nationally renowned for its experience in handling cases stemming from injuries or wrongful deaths as a result of collisions with motor vehicles.

What Are The Legal Responsibilities Of A Motorist Who Causes A Bike Crash in Illinois?

Unfortunately, many of the cases we handle involve bicyclists who were not only injured, but the driver then fled the scene of the crash. As the old expression goes, this is literally adding "insult to injury." Obviously, the decent, moral thing to do is for a motorist to put aside their legal or other practical concerns and tend to the injured bicyclist. Yet this often isn't the case. Hit-and-run collisions are a very real and very common issue for bicyclists in Illinois and nationwide. The National Highway Traffic Administration reports a 14% increase in fatal hit-and-run crashes between 2009 and 2011. The reality is drivers flee the scene for any number of reasons: legal concerns, fear of being financial responsible, or even basic fear and panic.
 
No reasonable person would defend a motorist fleeing the scene. It is wrong. A hit-and-run places the wrongdoer's immediate selfish concerns above the potentially serious injuries sustained by the bicyclist in the crash. But moral issues aside, what are the legal requirements in Illinois for a motorist who causes a bicycle crash?

Section 11-401(a) of the Illinois Vehicle Code provides the groundwork for the motorist:

"The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled."

Section 11-403 of the Illinois Motor Vehicle Code more specifically lays out the requirements any such motorist must fulfill before leaving the scene of a collision that leads to personal injuries:

"The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with an shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to the physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person."

In summary, any motorist involved in a motor vehicle vs. bicycle collision in Illinois resulting in personal injuries has a legal responsibility to:

1) Stay at the scene of the crash long enough to provide the injured party with their information; and

2) If necessary or if requested to arrange for medical care for the injured bicyclist.
 
Rather interestingly, in 2011 the law regarding hit-and-runs in Illinois was amended to allow the motorist to avoid prosecution for the hit-and-run by notifying the authorities within a half hour of the accident or within a half hour of being discharged from the hospital for an injury or incapacitation suffered in the accident. Section 11-401(b) provides as follows:

"Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of (staying at scene requirements)."

The bottom line is there is no excuse for a motorist to flee the scene of a bicycle crash. At worst, a bicyclist may be literally left to die at the scene of the crash. At a minimum, a person who needs help may ironically need the motorist's assistance in that moment. Even if there is that moment of fear or panic, Illinois law provides a half hour for the motorist to right the wrong without any penalty.

If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights and Weekends) or via email at 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 Lawyers to Represent Victim of Hit-and-Run with Taxicab Tied to Long History of Legal Problems

The Illinois Bicycle Lawyers at the Keating Law Offices have been retained to represent a Chicago bicyclist who was injured in a hit-and-run bicycle accident with a taxi cab in River North. 

The bicyclist was in the left-turn lane on eastbound West Kinsie Street at its intersection with North LaSalle Street, waiting for the light to turn green in order to make a left onto northbound North LaSalle. This section of Kinzie Street includes marked "bicycle sharrows" and is just east of the protected bike lane. 

When the light turned green, a taxi cab behind the bicyclist attempted to beat oncoming traffic by passing the bicyclist and making a left turn onto northbound North LaSalle. As it turned onto LaSalle Street, the taxi cab driver hit the bicyclist with the passenger side of his cab, causing the bicyclist to crash onto the pavement. The taxi cab driver never stopped and instead proceeded to drive away in the northbound lane of North LaSalle. 

Fortunately, an eyewitness was able to take a picture of the taxi cab and identify it by its cab number. Each taxi cab has an individual number assigned to it. The injured bicyclist came to the Illinois Bicycle Lawyers at Keating Law Offices for legal advice. The firm immediately sent out a Freedem of Information Act (FOIA) request to the City of Chicago's Department of Business Affairs and Consumer Protection asking for the City to turn over everything within the public record related to this taxi cab's number. 

Shockingly, this was not the first time this taxi cab was associated with a legal problem. The FOIA request lead to the discovery of many reports to the City of Chicago about reckless driving and dangerous behavior dating all the way back to 2006. A complaint from one set of passengers alleged that the taxi driver ran multiple stop signs, a red light, and almost caused an accident while they were in the cab. The passengers were so fearful that they requested to be let out before reaching their intended destination. Another report from a Chicago motorist driving alongside the cab noted driving so erratic that he wondered whether the taxicab driver’s faculties were impaired at the time. Perhaps most shockingly, a complaint against the taxi driver for physical assault was filed in 2008. One morning, while waiting in the cab area at Union Station, the taxi driver got into a fight with another taxi driver, punching him twice in the face. Most recently, in February of 2013, the City of Chicago impounded the taxi cab in question for twenty days pending an investigation and court proceedings against it in Park Ridge, Illinois. Details of the matter in Park Ridge were not detailed in the City of Chicago's files.

While the extreme allegations against the driver or drivers of this specific taxi cab were unusual, unfortunately hit-and-run collisions with bicyclists are not. According to the City of Chicago’s Bicycle Crash Analysis, 25% of all bicycle crashes in 2012 were classified as hit-and-runs. Further, approximately 55% of bicycle crashes resulting in injury occurred at intersections and approximately 1-in-12 crashes involved taxis. As a result of the collision at issue, this bicyclist sustained injuries to his back and tailbone, as well as damage to his bicycle and helmet. He works as a bike messenger and missed work following the accident. He is now receiving follow-up care.

The Illinois Bicycle Lawyers at Keating Law Office not only take our responsibility to our client that was injured in this collision very seriously, but also our responsibility to the public at large. We are ensuring that this most recent event is reported to the Department of Business Affairs and Consumer Protection and that a bright light is shined on the behavior of the driver or drivers of this taxicab.

Case On Behalf of Young Bicyclist Injured in a Hit-and-Run Settled for Insurance Policy Limits

This week the Illinois Bicycle Lawyers at Keating Law Offices settled a difficult case for a young bicyclist injured in a hit-and-run for the policy limits of the applicable insurance policy. As the bicyclist approached an intersection on his way home from school to his home a motorist struck the bicyclist in a head on collision.  

The case presented two unique challenges:  One, because the bicyclist could not remember the crash due to a head injury. Two, the only eye witness was a young child. This very young eyewitness reported to the police that the bicyclist was at fault.

However, all of the physical evidence and circumstantial evidence showed that the most probable cause of the collision was the motorist's failure to yield to the bicyclist and keep a proper lookout. The Illinois Bicycle Lawyers at Keating Law Offices successfully argued that based on the damage to the car and bicycle the motorist must have been at fault for causing the bicycle crash. Most significantly, the motorist fled the scene but the car was later located by the local police department. The owner of the vehicle denied being the driver involved in the collision. Ironically, this denial led credence to our version of events and put the credibility of the motorist in great doubt.
 
As a result of the crash the bicyclist suffered a fractured pelvis and femur. His injuries resulted in a hospitalization and several weeks of missed school. Keating Law Offices obtained a substantial insurance policy limit settlement on behalf of the injured cyclist by arguing the insurance company had a legal duty to pay valid claims. Specific terms of the settlement and facts of the case are confidential pursuant to the settlement agreement. The Illinois Bicycle Lawyers take pride in resolving cases for maximum value as efficiently as possible. The final settlement in this matter was reached within three months of the injured bicyclist retaining the Illinois Bicycle Lawyers. 

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

Winter Bike Swap 2014 This SATURDAY in West Loop 11am - 4pm

The 2014 Winter Bike Swap is this Saturday, February 15th at Jak's Tap in the West Loop. The Illinois Bicycle Lawyers at Keating Law Offices will be there and will have lots of FREE Chicago Bike Flag t-shirts, hats, stickers and patches for Chicago's brave bicyclists who have battled this long winter. 

The Winter Bike Swap is sponsored by the Chicagoland Bicycle Coalition, Chicago Bike Winter and Break the Gridlock.

You can find more information on the event at the Winter Bike Swap's Facebook Page or at the Event Page on theChainlink.

Admittance to the event will be $5 at the door, or $20 with a one-year membership to the Chicagoland Bicycle Coalition and a free Winter Bike Swap t-shirt, in advance or at the door. Join the Chicagoland Bicycle Coalition for one year with free entrance to the Winter Bike Swap 2014 and a free Winter Bike Swap t-shirt.

Press Release: Two Keating Law Offices Attorneys Named "Rising Stars" Among Top Attorneys in Illinois

Chicago, Illinois - Attorneys Michael S. Keating and Alexander Loftus of Keating Law Offices, P.C. in Chicago, Illinois have been named to SuperLawyers Magazine's annual list of "Rising Stars." Each year, no more than 2.5 percent of the lawyers in the state receive this honor. The selection for this respected list is made by the research team at Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. The list will be published in the annual edition of Illinois SuperLawyers Magazine and in the February 2014 edition of Chicago Magazine.
 
Keating Law Offices founder, Michael S. Keating, was named to the "Rising Stars" list for the fourth straight year after also earning recognition in 2011, 2012, and 2013. Keating Law Offices Attorney Alexander Loftus was including in the “Rising Stars” list for the first time last year.

The Keating Law Offices attorneys were nominated by fellow attorneys and that nomination was reviewed by an attorney-led research team that reviews the credentials of potential candidates and assigns points based on a set of defined evaluation criteria. The point totals from the general survey and research process are then added to arrive at a final tally. 

Attorney Michael S. Keating said the following regarding these awards:

"The "SuperLawyers" awards are always particularly rewarding because they are based in large part on the opinions of fellow lawyers. I am very proud of the fact that Alex Loftus, who joined the firm last year, was again included on this list. These awards reflect our continued efforts to provide our clients and the Illinois bicycle community with the absolute best possible legal representation and advocacy efforts."

Keating Law Offices is the premiere personal injury firm in Illinois that concentrates its practice on bicycle related litigation. The firm is a national leader in the emerging field of bicycle law. Attorney Michael S. Keating is the Chairman of the Bicycle Litigation Committee of the American Association for Justice. 
The firm also successfully represents clients in personal injury and wrongful death cases stemming from transportation negligence, nursing home negligence and abuse, medical malpractice, premises liability and product liability. 

Keating Law Offices, P.C. may be found on the internet at www.KeatingLegal.com. The firm is located at 79 West Monroe, Suite 1024 in Chicago, Illinois. Phone: 312-239-6787. Email: Info@KeatingLegal.com.

Bicyclist Wins Claim Even After Motorist Provides False Information at the Scene

The Illinois Bicycle Lawyers at Keating Law Offices recently settled a claim on behalf of a bicyclist struck by a motorist on August 5, 2012 in Chicago, Illinois. On the date of the collision, the bicyclist was riding eastbound on West Diversey Avenue when she was struck by a motorist traveling in the same direction when the motorist attempted to turn right across the bicyclist's path to enter the I-94 East onramp. Due to the impact, the bicyclist crashed into the pavement and was knocked unconscious as well as suffering multiple other abrasions and deep tissue injuries to her body.

Upon regaining consciousness, the bicyclist was transported to the emergency department at Norwegian American Hospital before the police arrived at the scene. Moments before the bicyclist was taken from the scene of the collision in an ambulance, the responsible motorist provided what turned out to be fake contact information to the injured bicyclist. At the emergency room, the bicyclist was diagnosed with numerous injuries requiring months of physical therapy and chiropractic care.

The bicyclist retained the Illinois Bicycle Attorneys at Keating Law Offices to represent her within days of the collision. For nearly a year, we worked tirelessly exploring numerous avenues to determine the true identity and contact information for the responsible motorist. After significant efforts that included contacting the Illinois Secretary of State and utilizing a private detective service, we located the motorist during the summer of 2013. After locating the true whereabouts of the motorist we then contacted multiple insurance companies to find out if he was one of their insureds. Ultimately this persistence paid off and the actual insurance company was located. Following negotiations with the insurance company, the Illinois Bicycle Lawyers recently reached a very favorable settlement on the bicyclist's behalf that paid for all of her medical treatment and compensated her for her pain and suffering.

This case highlights the significant importance of remaining at the scene of a collision until law enforcement arrives whenever it is medically possible.  The most reliable way to obtain the true identity of a responsible motorist is to get documented proof at the scene of the collision. Without the identity of the responsible party, recovery from that party's insurance company is extremely difficult. Fortunately, we were able to determine the true identity of the responsible party in this case after numerous attempts and significant delay, but all too often clients receive inaccurate information at the scene and are left without a source of recovery. However, if ever faced between getting medical treatment and staying at the scene, always take care of yourself and get medical treatment first. 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists who have been injured as a result of the negligence of others. 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.

Driver Who Struck Bicyclist On Milwaukee Avenue Identified

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a bicyclist struck by a passing motorist on Milwaukee Avenue. On the evening of August 1, 2013, our client was riding his bicycle on Milwaukee Avenue when a motorist traveling in the same direction struck our client while attempting to pass his bicycle. As a result of the collision the bicyclist fell and sustained injuries to his shoulder that required medical attention. 

The motorist's actions blatantly violated Section 11-703(d) of the Illinois Rules of the Road, which requires a motorist passing a bicyclist to leave a safe distance of at least three feet between his vehicle and the bicycle he is attempting to pass. Obviously, the motorist in this case failed to maintain a safe distance when his motor vehicle came into direct contact with our client's bicycle.

In a strange sequence of events, immediately following the collision, the motorist pulled over, took our client and our client's bicycle to a nearby repair shop, and paid for the repairs on the spot. The motorist also gave our client his first name and phone number. However, the motorist did not answer when our client attempted to call the motorist for payment of his medical expenses from a subsequent emergency room visit. Unfortunately, there is also not a police report on file containing the motorist's contact information, because the motorist prompted our client to leave the scene of the collision to get his bicycle repaired immediately. 

Working with our client, the Illinois Bicycle Lawyers at Keating Law Offices located the full name of the motorist involved in the collision by obtaining the name on the credit card used to pay for our client's bicycle repairs at the repair shop following the collision. We are currently in the process of obtaining insurance information based on the name of the driver and the make and model of the vehicle. The claim will be pursued to the fully extent possible in an effort to help this bicyclist who did the right thing and got legal assistance when left in this confusing situation.

Keating Law Offfices Settles Case For Bicycle Commuter Injured In Harvey for $550,000.00

The Illinois Bicycle Lawyers of Keating Law Offices have reached a settlement in excess of half a million dollars on behalf of a Chicago bicyclist struck by a school bus in Harvey, Illinois on December 9, 2011. At the time of the bicycle accident, the bicyclist lived in Chicago and worked at a school in Harvey. Her typical commute involved riding her collapsible bicycle to the Metra station in Chicago, taking the Metra to the station near Harvey, and then riding the bicycle to her school. She was a committed bicyclist who rode in all weather year round.

On the day of the collision, the bicyclist was taking her usual route back to the Metra station and rode north on Wallace Street towards  147th Street. Because there was not a designated bicycle lane, the bicyclist was appropriately riding on the right edge of the traffic lane in accordance with the Illinois Rules of the Road. At the same time, the bus driver was about to exit a school parking lot and turn left onto southbound Wallace Street. This path of the bus required the bus driver to cut across the bicyclist's lane of traffic. As the bus driver exited the school's private driveway, the driver claims his vision was obstructed by the sun and this limited his ability to see the bicyclist. As a result, the bus driver did not yield to the oncoming bicyclist, entered the roadway, and struck the bicyclist's right knee with the front bumper of the school bus. This threw the bicyclist to the ground and towards the center of Wallace Street. 

The Harvey Police Department responded to the scene and found the victim of the collision laying in the middle of the street. The victim was soon transported to the emergency room in an ambulance. An initial evaluation revealed that the victim suffered a badly fractured tibial plateau, which is the top of her shin bone, and other injuries. The bicyclist's tibial fracture required reconstructive surgery and a lengthy period of rehabilitation.

The Harvey Police Officer who responded to the scene conducted an investigation and issued a citation to the bus driver under 625 ILCS 5/11-906. This statute states,"The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered." Bicycles qualify as "vehicles" under the Illinois Rules of the Road according to 625 ILCS 5/11-1502. The Illinois Bicycle Lawyers of Keating Law Offices relied upon the failure to yield statute  as well as the general common law duty to keep a proper lookout in advocating on behalf of the victim. It was later learned during the investigation of the case that the bus driver was fired from his job for his part in this unfortunate collision and a series of other problems at his job. 

Despite this unfortunate past history, the attorneys for the bus company raised several defenses, including that the victim was on the wrong part of the road at the time of the collision and that it was not their fault that the sun obstructed the bus driver's ability to see the bicyclist. With respect to the bus driver's argument that the victim was riding in the private drive at the time of the collision, the Illinois Bicycle Lawyers referenced the victim's testimony, the responding officer's testimony, and the bus driver's own testimony to prove that the bus driver had in fact entered the roadway by the time the collision occurred. 

In response to the argument that the bus driver's vision was obstructed, the Illinois Bicycle Lawyers relied upon a series of Illinois legal cases which establish that an individual cannot escape a claim of negligence by stating that he did not see something he should have observed if he was exercising ordinary care. In addition, we analogized the driver's argument to an Illinois case which states that it is negligence as a matter of law to proceed when blinded by the headlights of an oncoming vehicle. In essence, we established that there is no excuse under Illinois law for failing to yield to the right-of-way due to obstructed vision. Drivers are required to use an alternate route, seek assistance from others, or find any other method to overcome their inability to clearly see the roadway they intend to enter. 

In reaching such a high settlement amount, the Illinois Bicycle Lawyers emphasized the victim's significant medical expenses, lost wages, permanent disability, significant pain and suffering, and loss of a normal life. In addition, we hired an orthopedic surgeon who is a national leader in knee injuries to examine our client and review her medical records to determine the severity of her injuries. This expert physician helped establish the cost of future surgical operations and medical treatment the victim will almost certainly require. 

The Illinois Bicycle Attorneys at Keating Law Offices are national leaders in the field of bicycle-related claims and lawsuits. The firm is currently litigating more bicycle related cases in courtrooms in Illinois than any other law firm in the state. In the process we  have reached numerous successful results on behalf of injured bicyclists. This settlement is one of the largest personal injury settlements ever in Illinois for injuries stemming from a bicycle accident that did not result in death or paralysis.

If you have any questions regarding Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 orMKeating@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.

Hit-and-Run Collision by Drunk Driver Kills IL Bicyclist and Injures Four Others

One of the most senseless and tragic bicycle accidents in Illinois history has left an Illinois teenager dead and four others injured. A Flat Rock, Illinois teenager identified as 16 year old Leonard J. Beachy passed away on July 6, 2013 as a result of injuries he sustained when an allegedly intoxicated motorist struck him while he was on his bike in Charleston, Illinois. At the time of the fatal collision, Leonard was riding with 27 year old Truman Beachy, 24 year old Jonathan Beachy, 19 year old Timothy Zehr, and 20 year old Javin Lehman. All of the bicyclists were injured in the hit-and-run collision. 

Immediately prior to the collision, the five bicyclists attended Horse Progress Days, a trade show featuring horse-powered farm technology in the Arcola, Illinois area. All five bicyclists are members of the Crawford County Amish community. They were riding home from the trade show on their bicycles in a single line heading southbound on Lincoln Highway Road, also known as South 4th Street. At approximately 9:10 p.m., the group was suddenly struck from behind by a motorist in a light colored vehicle who was also traveling southbound on Lincoln Highway Road. Leonard, who was the last bicyclist in the line, sustained the brunt of the impact. 

The Coles County Sheriff's Department responded to the scene. All five bicyclists were transported to area hospitals. Tragically, Leonard Beachy was pronounced dead at Sarah Bush Lincoln Health Center as a result of injuries he sustained in the collision. The conditions of the other four bicyclists remain unknown, but they are reportedly expected to recover from their injuries. 

The motorist responsible for the accident fled the scene. Fortunately, the Coles County Sheriff's Department was able to located his 1995 mint green Ford Taurus less than 3 hours after the accident, just after midnight on the morning of July 7, 2013. The driver, identified as 21 year old Samuel Meadows, was arrested and charged with Aggravated Driving Under the Influence and Leaving the Scene of a Personal Injury/Fatal Accident. He is being held at the Coles County Safety and Detention Center. 

Under the Illinois Vehicle Code, motorists are required to leave a minimum of three feet of space when passing a bicyclist. Section 5/11-703(d) of the Code specifically states "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 an individual and shall maintain that distance until safely past the overtaken bicycle or individual." Therefore, even if the driver had not committed the obvious crimes of driving drunk and fleeing the scene of an accident, he is still in clear violation of the Illinois Vehicle Code for driving much too close to the bicyclists while attempting to pass them.  

We are deeply saddened to learn of this extremely unnecessary collision. Our thoughts are with the friends and family of Leonard Beachy at this very difficult time. We wish the rest of the bicyclists injured in this collision a quick recovery.

Keating Law Offices to Represent Victim of Bike Crash in Rolling Meadows

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a northwest suburban woman who was the victim of a bicycle crash on July 2, 2013. That morning the bicyclist, who works at a local bike shop, was riding to work along Algonquin Road when a motorist turning onto the road drove directly into her. The impact knocked the bicyclist, who was clipped into her pedals, to the ground. The motorist may not have seen the bicyclist or even realized he hit her as he continued to drive while the bicyclist was pinned under the front of the vehicle. In the process the motorist dragged the bicyclist out of the parking lot of the business and into the roadway. 

The Rolling Meadows Police Department and Fire Department responded to the scene. Rolling Meadows Battalion Fire Chief Jeff Moxley reportedly said it initially appeared as though the bicyclist was pinned underneath the car when they arrived on the scene. The bicyclist was transported to Northwest Community Hospital in Arlington Heights via ambulance for emergency treatment. The victim of the bicycle crash was initially placed in the intensive care unit and ultimately underwent surgery due to internal complications from the bicycle crash. 

The motorist who caused this collision was issued a traffic citation for failure to yield to the bicyclist. Due to the nature of this collision, the Rolling Meadows police department continues to investigate and we are assisting with that investigation. Anyone with any information on this incident is asked to contact Keating Law Offices at 312-239-6787 or email attorney Mike Keating at mkeating@keatinglegal.com.

Bike Trails = Business = $$$$. Advocacy Group Aims to "Make TrailsCount" In Illinois

The authors of a recent study entitled "Making Trails Count in Illinois" suggest that Illinois is failing to adequately develop and promote its bike trails and these failures are hurting local businesses. The 2012 study was spearheaded by two local bicycle advocacy groups: Trails for Illinois and Rails-to-Trails Conservancy. 

According to the Southern Illinoisan, surveys and electronic trail counts were conducted on six Illinois bike trails last year. The study concluded that more than 300,000 people use the six trails annually. Of these 300,000, one third spend money while traveling along the trails. The average amount of money spent is $30.00. Approximately 20% of the trails' users were not from the surrounding area, and 4% paid money for lodging so that they could use the trails. 

Interestingly, the most common way trail visitors learned of the six trails included in the study was by word of mouth, while less than 1% of the trails' users learned of the trails through tourism promotions. Steve Buchtel of Trails for Illinois asserts that under-maintenance and under-promotion are to blame for Illinois' failure to maximize this economic opportunity. 

Mr. Buchtel stated "People are coming here but they are saying our trails aren't well-maintained and signs are barely there, if at all. Illinois Department of Natural Resources has been gutted. They lost half their workforce so they don't have the people to maintain the trails. They've been cut to the bone and that hurts Illinois." Likewise, Buchtel believes that Illinois is not promoting its existing trails as aggressively as neighboring states, such as Minnesota and Wisconsin, where trail use yields millions in annual revenue.

The Illinois Bicycle Attorneys at Keating Law Offices encourgage the Illinois Legislature and local governments to take into account the results of this study. As residents of the Chicagoland area, we are well-aware that bicycling provides a quick and economically sensible means of transportation throughout the City, but we often fail to give due consideration to the opportunities for recreational bicycling throughout the state. Rural bicycle trails provide a great escape for Chicagoland residents and are also a draw for tourists. We fully support the development and promotion of trails that will create more options for bicyclists while also creating more opportunities for local businesses.