Chicago Bicyclist Walking Bike Across Western Ave. Killed In Fatal Collision With SUV

News outlets are reporting that a 53-year old man was killed late Saturday night while attempting to walk his bicycle across Western at its intersection with Congress. As the man was walking his bicycle across Western, he was struck by a 2014 Kia SUV that was traveling southbound on Western Avenue. The driver of the SUV was ticketed for failure to reduce speed to avoid an accident. 

According to the NBC report, witnesses saw the bicyclist trying to cross the street at the same time as the SUV's driver attempted to swerve around the bicyclist in order to pass the bicyclist. However, the driver of the SUV could not avoid the bicyclist and the tragic collision occurred.

Given the fact that the Chicago Police Department cited the driver for failure to reduce speed, it is a reasonable question to consider the speed of the driver as he approached Congress heading southbound on Western Avenue.  Illinois law also requires all motorists to provide at least three feet of room when passing a bicyclist. Section 11-601 of the Illinois Vehicle Code requires all motorists to reduce speed as they approach an intersection.In addition, Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact. The precise language of the statute as it applies to this bicycle accident is as follows: 

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary. 

This is another tragic fatality in the month of July in Illinois where a bicyclist lost his life. Earlier this month, Jose Gomez of Des Plaines was killed in a collision with a motor vehicle operated by a United Airlines employee who fled the scene. Jarod Kyle Shumaker of Olive Branch, Illinois was killed when a vehicle did not provide the required 3-Feet of room when passing and clipped the bicyclist sending him into traffic. Jack Henderson of Waukegan was also killed in a hit-and-run. 

Each of these tragic instances reflect how the failure of a motorist to adhere to the rules of the road can lead to death. It is important for all users of the roadways to remember that bicyclists are vulnerable users of the roadway. 

Our thoughts and prayers are with the family and friends of all of these victims. 

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.

Police Seek Help In Finding Vehicle Involved in Hit-and-Run in Waukegan

 

Waukegan Police are asking for the public's help in locating a two-door green sedan that was involved in a fatal hit-and-run in Waukegan on Tuesday morning. The fatal bicycle accident took place at Washington Street and Martin Avenue in Waukegan around 8 a.m. in the morning.

The offender was caught on nearby security camera footage wearing a red jacket and fled eastbound on Washington Street. 54-year old Jack Henderson of Waukegan was killed in the fatal collision. Mr. Henderson was taken to Vista Medical Center after the collision where he was pronounced. The police are also asking for help in locating any next of kin to Mr. Henderson. Anyone with any information should contact the Waukegan Police at 312-599-2631.

This is another tragic example of a bicyclist who was not only a victim as a vulnerable user of the roadway, but left by the offender. Illinois law requires that any motorist who is involved in a collision involving personal injury or death to not only stay at the scene, but to take reasonable measures to assist the victim in obtaining medical assistance.

Illinois Bicyclist Killed In Alexander County - Driver Charged With Violation of the 3-Foot Rule

Illinois bicyclist Jarod Kyle Shumaker of Olive Branch, Illinois was killed Sunday night while on a bike ride on Route 3 in Alexander County. According to news reports, Shumaker was riding his bicycle northbound on Route 3 along the right side of the road when the driver of a Buick Century attempted to pass Shumaker. The driver of the Buick struck Shumaker with the passenger side mirror. This impact caused Shumaker to lose control and end in the path of a following Toyota Corolla that was driven behind the Buick. Shumaker was fatally injured in the collision with the Corolla after the initial collision with the Buick.

Illinois law requires motorists to provide at least three feet of room between their vehicle and a bicycle when passing the bicyclist. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This law states:

(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.

The driver of the Buick was cited by the police for improper overtaking of a bicyclist. There are no other reports of any additional charges at this time. Tragically, the "3-Foot Rule" law exists to attempt to stop this very kind of collision that resulted in the death of Jarod Shumaker. Our thoughts and prayers are with the family and friends of Jarod Shumaker.

Below is an infographic from the Illinois bicycle attorneys at Keating Law Offices that outlines Illinois' bicycle law known as the "3-Foot Rule."