New Illinois Traffic Law to Fight Distracted Driving Epidemic and Protect Bicyclists

Bicyclists are often referred to as "vulnerable users" of the roadways. Even the most experienced bicyclist on the most advanced bicycle is at a disadvantage if there is a crash with even the smallest motor vehicle driven by a non-attentive motorist. Sheer physics are blind and unfortunately do not take into account fairness when a collision occurs and what might be a fender bender on a car can lead to serious or even fatal injuries to the bicyclist. Bicyclists are even more vulnerable in Illinois due to the state's sheer number of citizens and its densely populated urban centers including the metropolis of Chicago. A new 2019 law is designed to combat distracted driving and help reduce crashes and protect bicyclists. 

New Illinois Law To Fight Distracted Driving

The original law in Illinois to fight distracted driving was tragically borne by the death of a downstate bicyclist who was struck and killed by a driver downloading a ringtone on her cellphone. According to the current law in Illinois, distracted driving only get a warning and zero fine the first time they are caught using their phone behind the wheel. 

Starting on July 1, 2019, Illinois drivers that pay more attention to their phones will face stiffer penalties for distracted driving. Any driver caught using a phone while driving (other than talking on the phone with a hands-free connection) will face a fine of $75 for a first offense, $100 for a second ticket, $125 for a third ticket and $150 for a fourth or subsequent ticket for distracted driving. 

Studies Confirm Threat of Distracted Driving

The American Automobile Association's (AAA) Foundation for Traffic Safety recently published a study regarding distracted driving. The study found that 88% of all drivers believe that distracted driving is a serious problem. Most alarming, the study from the AAA Foundation shows drivers talking on a cellphone are up to four times as likely to crash while those who text are up to eight times as likely to be involved in a crash. Data from the AAA study also showed: 

• The proportion of drivers who report talking on a cell phone regularly or fairly often when behind the wheel increased 46% in the last five years. 
• Nearly half (49%) of drivers report recently talking on a hand-held phone while driving.
• Nearly 35% of drivers have sent a text or email while driving. 
• Approximately 58% of drivers say talking on a cellphone behind the wheel is a very serious threat to their personal safety, while 78 percent believe that texting is a significant danger. 

Chicago, Illinois Bicycle Attorneys

Keating Law Offices' trial attorney Mike Keating has been a tireless advocate for cyclists' rights in Illinois. Mike is the author of "Dennis' Law" and worked with the Jurs family and legislators to pass the landmark law that solidified bicyclist's rights in Illinois. Mike also serves as a Chair of the Legislative Committee for the Illinois Trial Lawyers Association where he is a also a member of the Board of Governors. Nationally he is the Chair of the Bicycle Litigation Committee for the American Association for Justice, the nation's largest trial attorney organization fighting for the rights of the injured. 

Illinois Drivers Now Advised to Use the "Dutch Reach" to Prevent Doorings

The Illinois Secretary of State will now be required to include the "Dutch Reach" as a part of the Rules of the Road for Illinois motorists. The "Dutch Reach" is where a motorist opens the car door with their right hand. This action naturally requires the driver to look over their left shoulder and towards oncoming traffic. The goal of the "Dutch Reach" is to teach motorists to always check for oncoming cyclists prior to opening their vehicle door into traffic and to prevent doorings.

Section 11-1407 of the Illinois Vehicle Code and Section 9-80-035 of Municipal Code of Chicago make it illegal to open a vehicle door into traffic with the same statutory language: 

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

As clarified in the 2017 Illinois bike law known as "Dennis' Law," a bicycle is a vehicle under Illinois law. According to data from the Illinois Department of Transportation, doorings area plague to Chicago cyclists in particular. In 2015 there were 302 cases of doorings. There were 203 in 2014, 270 in 2013, 334 reported in 2012 and 336 in 2011, the first full year IDOT collected data on the number of doorings.

It is important to note that from a legal perspective this legal change does not require motorists to utilize the "Dutch Reach." The law essentially requires Illinois drivers to be taught the "Dutch Reach." In other words, Illinois drivers are advised to utilize the "Dutch Reach" in the Illinois Rules of the Road Publication, but are not required to do so by law under the Illinois Vehicle Code.

This new Illinois bike law is nonetheless a giant victory for Ride Illinois and the Active Transportation Alliance who valiantly fought for the promotion of the "Dutch Reach" as a simple safety practice that can reduce the number of doorings in Illinois. The promotion of the utilization of the "Dutch Reach" will help the practice become more commonplace in Illinois and is a further reflection of the commitment by Illinois lawmakers to make cycling safer. 

The inclusion of the "Dutch Reach" in the Rules of the Road will also help establish safety practices for checking for oncoming bicyclists as "ordinary practice" for Illinois motorists. When a bicyclist is doored in Illinois and is injured, we need to establish that the driver was negligent. Establishing negligence is done by showing that they did not follow "ordinary care." While not quite the full effect of a rule under the Rules of the Rode, this advisory position carries some weight in arguing that a driver is acting most safely when they check for an oncoming bicyclist. 

Keating Law Offices' founding attorney Mike Keating has an extensive background in Illinois legislation. He is a former Assistant Counsel to the Illinois House of Representatives where he worked on hundreds of pieces of legislation. Mike is the author of "Dennis' Law" and worked with the Jurs family and legislators to pass the law. Keating Law Offices also represented the Jurs family in the case. In addition, Mike serves as a Chair of the Legislative Committee for the Illinois Trial Lawyers Association where he is a also a member of the Board of Governors. 

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. 

New Illinois Bike Law, "Dennis' Law," Clarifies That Bicycles Get The Right-of-Way

Illinois Bicyclists Have Same Rights As Drivers Of Motor Vehicles

With the start of a new year, Illinois bicyclists will find themselves with greater protection under the Illinois Rules of the Road. Starting January 1, 2017, Illinois law clearly states that bicyclists receive the same rights to the "right-of-way" as drivers of motor vehicles. This law is known as "Dennis' Law" after fallen Illinois bicyclist Dennis Jurs. 

Before Dennis' Law went into effect, there was a conflict in Illinois bicycle laws as to whether a bicycle was considered a “vehicle” under Illinois law and received the same "right" to the right of way as a motor vehicle. Some appellate court cases said that a bicycle did not count as a "vehicle." Since the prior right-of-way laws in Illinois referenced “vehicles” there was an issue as to whether the right-of-way laws equally applied to bicyclists on the roads in Illinois. 

New Bike Law Reinforces Existing Laws

The change provided by "Dennis' Law" to Illinois bicycle law makes the Illinois Rules of the Road absolutely clear that bicycles are, in fact, “vehicles” as defined in the Illinois Vehicle Code. This change to the bike laws means that drivers of motor vehicles must provide the right-of-way to bicycles. This is an important development because it will also require police officers, judges, the insurance industry and attorneys to consider the absolute rights of Illinois bicyclists. No longer can any conflict or confusion in old Illinois laws be used against bicyclists. 

New Law Sought After Traffic Ticket Dismissed

In October of 2015 a Kane County judge dismissed a traffic citation against a motorist for failing to yield the right-of-way to an oncoming bicyclist. The judge ruled that the right-of-way laws in the Illinois Vehicle Code did not apply to bicyclists. The traffic ticket was from the fatal May 18, 2015 collision between the motorist and Dennis E. Jurs of Hampshire. This collision resulted in the death of Mr. Jurs. The judge cited non-traffic related cases that held that a bicycle was not a “vehicle” under certain legal definitions. The judge, relying on old laws, dismissed the charges against the motorist involved in the fatal collision.

The family of Dennis E. Jurs brought the issue of this lack of clarity in the law to the attention of Illinois State Representative Anna Moeller of Elgin. Attorney Michael S. Keating of Keating Law Offices in Chicago, Illinois, who represented the Estate of Dennis E. Jurs in the civil case related to the crash along with attorney F. John Steffen of Steffen & Kelly, P.C. in Elgin, Illinois, drafted the legislation and worked with lobbyists and legislators on the language of the law. State Representative Moeller sponsored “Dennis’ Law” which quickly passed through both the Illinois House of Representative and the Illinois State Senate before being signed into law by Governor Rauner in August. Dennis' Law has been the subject of a great deal of attention in the media for the positive effect it will have on Illinois bicyclists. 

Dennis' Law Honors The Life And Legacy Of Dennis Jurs

Mr. Jurs was a United States Army veteran who served in Vietnam where he was injured by a land mine. Mr. Jurs was very active in the cycling scene in Illinois. Dennis Jurs took up cycling at 30 years of age as a way to rehabilitate the leg injuries he suffered in Vietnam. Mr. Jurs was a member of the Illinois-based bicycle racing team, Team MACK, and was an organizer for years of the well-known Four Bridges Bicycle Race in Elgin, Illinois. Dennis E. Jurs was an extremely experienced 68-years old bicycle rider at the time of his death and he embodied the excitement and joy that bicycling provides. Mr. Jurs is survived by his wife and two daughters who continue to honor the life and legacy of Dennis Jurs. 

Insurance Claim Settled for USAT Triathlete Injured In Left Hook

A nationally ranked triathlete from Chicago's western suburbs has received a substantial insurance settlement for injuries she sustained in a bicycle accident when she was struck by a school bus while on a training ride. At the time of the crash, the injured triathlete had just competed in the United States of America Triathlon (USAT) Olympic Distance National Championships in Milwaukee in August 2014. The injuries from the bicycle crash caused her to miss several crucial weeks of training. 

The collision with the school bus occurred in October of 2014 in Willowbrook. Immediately prior to the bicycle crash, the bicyclist was on a training ride northbound on Clarendon Hills Road towards 79th Street. This was a well-known route to the rider as a part of her training routine. At the same time, the school bus was travelling southbound in the opposite direction. With no warning, the driver of the school bus made a "left hook" and turned th school bus left immediately in front of the bicyclist as the bus was traveling southbound on Clarendon Hills Road. With no time to stop, the bicyclist crashed into the school bus. 

A "left hook," where an oncoming motorist turns left in front of a bicyclist, is explicitly prohibited by Illinois law. Section 11-902 of the Illinois Rules of the Road requires a motorist making a left-hand turn to yield to oncoming traffic. A left turn may only be made when it is safe to do so. Simple logic dictates that anytime a collision occurs as a result of the "left hook," that was not a safe time for the motorist to make a turn. 

The injured bicyclist sustained a wrist injury in the crash that requires medical treatment as well as bruising and road rash. As significantly, she missed crucial weeks of training leading up to the 2015 competitive season. This lost time from doing life's regular activities is what is known under the law as "loss of a normal life." In the instance of this triathlete, her normal life was very different from the average person's normal life. This bicyclist's normal life involved daily training and intense physical activity. As a result, we were able to make a very persuasive argument to the insurance company for the school bus that this was a significant claim. Ultimately, this insurance settlement compensated the injured bicyclist for all of her medical bills, pain and suffering, and contributed to compensating her for her loss of a normal life. 

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.

United Airlines Employee Charged in Fatal Hit-and-Run of Bicyclist in Elk Grove Village

Police have arrested 54-year old Daniel Wehr of Morton Grove with a felony in the fatal hit-and-run of a bicyclist on Monday night. According to news reports, 25-year old Jose Gomez of Des Plaines was killed in the collision with the vehicle driven by Wehr. According to reports, Wehr was driving a United Airlines vehicle at the time of the crash near his work at a United Airlines facility.  

Wehr fled the scene but police were able to locate a license plate at the scene of the fatal crash. The license plate led police to a vehicle and the subsequent investigation led them to be able to identify it as the vehicle in the fatal bicycle crash. The vehicle, described as a large SUV, was owned by United Airlines and was located at a nearby United Airlines facility where Wehr worked as a maintenance worker. Wehr was arrested within hours of the fatal bicycle accident. 

Wehr apparently has claimed that he "didn't see" the bicyclist until the crash. Illinois law requires that all motorists "keep a proper lookout" for other vehicles on the roadway. Under Illinois law, a bicycle is a vehicle on the roadway. There are no reports, however, that detail how the collision on Algonquin Road occurred. Wehr could face additional legal charges as the investigation continues. Wehr has thus far only been charged with fleeing the scene of a fatal collision. Illinois law specifically provides that a motorist must not flee the scene of a collision. Section 11-401(a) of the Illinois Vehicle Code states: 

"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 also states the law as to what a driver in a fatal bicycle crash must do: 

"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."

Our thoughts and prayers are with the family of Jose Gomez. 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. Attorney Michael S. Keating is the Chair of the national trial lawyers association's bicycle litigation committee. 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 Michael S. Keating at 312-208-7702 or Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.