Showing posts with label bicycle accidents. Show all posts
Showing posts with label bicycle accidents. Show all posts

Monday, February 22, 2016

National Bicycle Law Attorneys Who Serve Bicyclists In All 50 States

Keating Law Offices is an Illinois-based law firm that is dedicated to representing bicyclists and their families when they or a loved one have been injured in a bicycle crash. In most instances, bicycle crashes are preventable and could have been avoided. The result of bicycle crashes are that injuries and, tragically, even deaths are common results.

At Keating Law Offices we believe that the motorists and the insurance companies who should be responsible for protecting the injured bicyclists must be held accountable. Too often the bicyclist is blamed for a bicycle accident and the insurance companies try to take advantage of this unfair bias against bicyclists. That is why we are committed to representing bicyclists who have suffered injuries in a crash. Far too often, without skilled legal representation the bicyclist is at a massive disadvantage when pitted against a giant insurance company.

One of the nation's leading bicycle litigation firms, the attorneys at Keating Law Offices have spent years fighting on behalf of bicyclists' rights. Attorney Michael S. Keating is the Chair of national trial lawyer association's Bicycle Litigation Committee. 
We work with other firms throughout the country as co-counsel on bicycle crash cases. 

As bicyclists ourselves, we work to counsel our clients and that starts with an ability to listen and be receptive to our clients' needs and desires. One of the keys to the firm's success is our sincere commitment to our clients and our desire to obtain for them the best outcome possible. Part of that unmatched commitment is our desire to communicate clearly and consistently what is happening in your case and to answer all of our client's questions.

Many times after a bicycle accident the bicyclist is left to feel not just physical harm, but emotional harm from a motorist who was not careful, or a police officer who was not unbiased, or an insurance company that put their profits ahead of the experience of an injured person. These wrongs must be made right. Call us at any time, day or night, weekdays or weekends, to begin the path towards justice.

Monday, November 2, 2015

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.

Friday, September 4, 2015

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.

Thursday, September 3, 2015

Huffy Recalls Bicycles With Front Disc Breaks Due To Fall Risk


Huffy recently announced a recall of its 2014 TR 745 and TR-S 740 bicycle models. The bicycle recall was issued when Huffy bikes discovered that the open quick release lever on the bicycle’s front wheel hub can come into contact with the front disc brake assembly causing the front wheel to either come to a sudden stop or to separate from the bicycle. Interference with a working brake on a moving bicycle obviously substantially increases the likelihood of a bicycle crash or collision as a result of a fall.

Bicycle Recall

The recalled bicycles equipped with front disc brakes were sold nationwide from September 2014 through May 2015. Most of the bicycles sold in the United States were sold at Wal-Mart Stores. The TR 745 and TR-S 740 were sold individually for approximately $250.00 to $370.00. Consumers of the affected bicycles should stop using the bicycles immediately and contact Huffy for a free replacement quick release lever for the front wheel.

According to the United States Consumer Products Safety Commission:
This recall includes the 2014 Huffy TR 745 and TR-S740 bicycles with 27.5-inch wheels. Both bicycle models have “Huffy” on the downtube of the frame with model names located on the rear portion of the frame. The TR 745 has a green frame with model number 26504M on the bottom of the frame near the pedals. The TR-S 740 has a white frame and model number 26604M on the bottom of the frame near the pedals.
Illinois Law Protect Bicyclists Injured By Defective Products

When a manufacturer discovers a potential product defect, it is required to recall the defective product immediately, because manufacturers of defective products are liable for all foreseeable injuries, which result from use of the defective product. Illinois law provides that manufacturers are "strictly liable" for injuries that occur due to a bicycle component that fails.

Generally speaking, if a bicyclist is using a bicycle and its components in a normal manner, and bicycle products fails to work and an injury occurs, the manufacturer is liable. Under Illinois law, a liable manufacturer would have to compensate the injured bicyclist for their injuries and other damages such as medical expenses and lost wages. It is important to consult with an attorney if you have been injured as a result of a bicycle component that fails. The Illinois Bicycle Attorneys at Keating Law Offices have handled numerous product liability cases.

Illinois Attorneys Focused On Injured Bicyclists

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.

Monday, April 6, 2015

Family Asks Hit-and-Run Driver To Turn Himself In As Police Search For Clues

If you have any information, call 311 or contact the Major Accident Investigation Unit directly at 312-745-4521.
The Chicago Police Department's Major Accident Investigation Unit continues to search for the driver of a dark-colored 4-Door GMC or Chevrolet SUV. Based on the body style, the vehicle appears to be either a GMC Yukon or a Chevrolet Tahoe. The vehicle has light-colored rims and running boards along the undercarriage of the vehicle. 

The driver of this SUV critically injured 26-year old Ricardo "Richie" Capistrano in Logan Square on Friday. Prior to the collision, Capistrano was riding his motorized bicycle westbound on North Avenue at the same time as the SUV was traveling eastbound on North Avenue. The driver of the SUV turned left in front of Capistrano as the vehicle turned northbound onto Talman Avenue. 

This is knows as a "left-hook" crash. The Chicago Municipal Code and the Illinois Vehicle Code both require vehicles turning left across traffic, like the SUV in this instance, to yield to oncoming traffic. Obviously, the driver of the SUV did not yield and therefore caused this collision and the injuries to Richie Capistrano. 

The driver also violated the law as it relates to what is required when in a motor vehicle accident. 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."
According to reports, Capistrano rode into the back of the passenger side of the SUV. The back passenger window apparently shattered and there is damage to the rear passenger door. The driver of the SUV did not stop and fled the scene on the accident.

Capistrano's family is offering a reward of $1,000.00 for any information leading to an arrest. If you have any information, call 311 or contact the Major Accident Investigation Unit directly at 312-745-4521.

Wednesday, March 18, 2015

Naperville Bicyclist In Serious Condition After Crash With Van At Busy Intersection

The Chicago Tribune is reporting that a Naperville bicyclist was left in serious condition after a collision with a 2009 Chevrolet Van in the western suburb. The collision occurred at the intersection of 75th Street and Modaff Road in the early part of rush hour on Monday, March 16, 2015. Prior to the collision, the driver of the Chevrolet van was westbound on 75th Street and the bicyclist was northbound on Modaff Road.

Both Modaff Road and 75th Street are controlled by traffic signals. 75th Street is a main arterial route in Naperville with two lanes for westbound traffic, two lanes for eastbound traffic, as well as turning lanes. There is signage at the intersection directing where bicycles should cross the intersection. This signage serves an additional purpose is that it alerts motorists of the presence of bicyclists in the area.


Other reports indicate that the Naperville Police Department's Traffic Unit responded to the scene and continues to investigate the bicycle crash. The Naperville Police ask anyone who witnessed the crash or has information to contact the Naperville Police Department’s Traffic Unit at 630-305-5379 or email parcel@naperville.il.us.

The bicyclist was taken to Edwards Hospital in Naperville and remains in serious condition. No further details have been reported.

Tuesday, October 28, 2014

Beyond the Numbers: IL One of the States With the Most Deaths While Bicycling. But why?

The Governors Highway Safety Association (GHSA) is a non-profit group made up of representatives from each state to collectively work for national security goals. The GHSA has its roots in the Federal State and Community Highway Safety Grant Program. This program, commonly known as "Section 402" because of the section of the United States Code it is listed under, provide the federal guidelines required for states that receive Federal funding for their highways.

Typically the efforts of the GHSA delve into issues only involving motorists such as speed limits, teenage driving, drunken driving, and enforcement of motor vehicle laws. However, the GHSA also addresses issues involving pedestrian and bicyclist safety. The GHSA has issued a new report, the "Spotlight on Highway Safety - Bicyclist Safety" which can be found in its entirety by clicking the link.

Many news outlets in Illinois have discussed the fact that Illinois had the 5th highest number of bicycle fatalities in the United States. This is an alarming statistic on its face when you consider that Illinois is cold for several months out of the year and states on the West Coast, the Southwest, Gulf Coast and the Southern states all have climates that are conducive to cycling year round.

However, as Jim Merrill of the Active Transportation Alliance noted to the Chicago Sun-Times, this statistic does not necessarily mean that Illinois is the "fifth worst" state for bicycling. Jim stated the following about how to best interpret these statistics:
“The urge to say Illinois is the fifth worst state in terms of fatal bike crashes should be taken with a grain of salt. When you break those numbers down by the number of people biking [as a whole], we’re more in the middle of the pack.”
In the Sun-Times article, the statistical basis for Jim Merrell's position was broken down. In Chicago an average of 125,000 people ride a bike every single day. This sheer volume of bicyclists leads to the very unfortunate statistical probability that there could be more deaths by bicycle. Since 2000, the number of daily bicyclists in Chicago has tripled. 

Attorney Mike Keating of the Illinois-based law firm Keating Law Offices, P.C. that focuses its practices on representing bicyclists, stated in addition to the volume of riders, the density of the populations tend to correlate with the number of deaths of bicylists. The study noted that in 1975 only half (50%) of all bicycle fatalities were in urban areas, by 2012 more than two-thirds (69%) of bicyclist fatalities occurred in urban areas.

Attorney Keating stated as follows,"
"The top five states for bicyclist fatalities were California, Florida, Texas, New York, and Illinois. Outside of the fact each of those states have a strong bicycling culture, the other commonality between these states is that they boast large urban areas and college campuses where bicycling is a key factor in commuting. The density of an urban area - and the congestion that comes with it - creates traffic patterns and leads to motorist behavior that would suggest potentially dangerous conditions for many bicyclists."
Since 2010, California has experienced 338 bicycling fatalities, followed by 329 in Florida, 143 in Texas, 138 in New York, and 80 in Illinois. The tops six states accounted for 54% of ALL fatal bicycle accidents nationwide. In addition, the study found that there has been a 16% increase in the number of bicyclists killed in crashes with motor vehicles between 2010 and 2012. In fact, the total number nationwide went from 621 to over a hundred more in 2012 with 722 fatal bicycle crashes.

Other statistics that the study noted were:
  • Age Matters: In 1975 21% bicyclist fatalities were of riders age 20 and over. The remainder were teenagers of children. By 2012 this number had climbed to 84% of bicyclist fatalities by riders that were age 20 or older. 
  • Drunk Riding: A staggering 1 in 4 (25%) of all adult bicyclists killed in a crash in 2012 were impaired by alcohol.
  • Helmets Save Lives: More than two thirds of all bicyclists killed in a bicycle accident in 2012 were not wearing a helmet at the time of the crash. The study concluded that the lack of a national helmet standard is an impediment towards reducing the number of bicycle fatalities. 

Friday, August 8, 2014

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.

Wednesday, July 16, 2014

Chicago Bicyclist Killed in Fatal Crash Near North Branch Trail in Niles is Identified

View of westbound Howard Street at the North Branch Trail.
The identity of a North Side bicyclist killed in a bicycle crash with a Mazda Miata has been identified as 39 year old Jeremy Ghisols of North Mulligan Street in Chicago.  The fatal crash occurred last week in Niles near the intersection of the North Branch Trail and Howard Street. At that location, the North Branch Trail runs in a direct North-South direction and Howard Street is a major East-West arterial street.

According to reports, police are still investigating the exact conditions and actions that may have caused  the fatal bicycle accident on July 9th. Niles police have indicated that the bicyclist may have "veered" off the path and was struck by a westbound Mazda. However, "veered" is an interesting verb choice given that the North Branch Trail path runs directly across Howard Street. Most bicyclists on the path therefore cross directly across the trail in a straight line. "To veer" is to change direction suddenly which would be an unusual action for a bicyclist traveling on the North Branch Trail across Howard Street.

However, no other details are available as of yet and no traffic citations have been issued. As of Monday morning, the investigation into the crash by the Niles police department remained ongoing. Niles itself had previously identified this location as one where improvements such as flashing beacons, signage and striping for a crosswalk could be implemented as a part of its multi-modal traffic plan to improve safety for pedestrians and cyclists. The ability of Niles to implement these improvements is reportedly based on obtaining additional funding from the Regional Transportation Authority.

Our thoughts and prayers are with everyone affected by this tragic event, especially the family and friends of Jeremy Ghisols.

Thursday, June 12, 2014

Scott USA Bikes Recalls Speedster Bicycles Due to Potentially Defective Front Forks

As a result of front bicycle forks that may unexpectedly fail and cause a rider to crash, Scott USA of Ketchum, Idaho has announced a recall of 2014 models of its Speedster bicycles due to fall hazards. It was found that the steerer tube in the front fork can break, posing a fall hazard to its users. The hazard came to Scott USA’s attention after one customer reported a fork breaking. Fortunately, no injuries resulted.

The models at issue were sold at authorized Scott dealers nationwide between August 2013 and May 2014, retailing from $1,000 to $1,300. If you are the owner of one of the included bikes, immediately stop using your bicycle and contact your local Scott dealer for a free replacement fork and complimentary installation.

Scott is recalling the following models:

  • Men’s 2014 Speedster 30 
  •  Men’s 2014 Speedster 40
  • Women’s 2014 Contessa Speedster 25
  • Women’s 2014 Contessa Speedster 35
Roughly 2,000 bicycles have been affected by this recall. These bikes come in black or white with blue, green, purple, or teal accents. The words “SCOTT” and “Speedster” are printed on the bike frame. To see if your bike is included in the recall, check the serial number printed on either a white sticker on the bicycle or embossed on the underside of the frame near the pedals. The following serial number ranges have been recalled: 
  • AS30500001— AS30504930 
  •  AS30700001—AS30704651
  • AS30900001—AS30903278
  • AS31100001—AS31103744
  • AS40101604—AS40105463
The Illinois Bicycle Attorneys at the Keating Law Offices strongly encourage Illinois bicyclists to stay informed about recalls on bicycles, their parts and related equipment. Recalls are a reminder that product defects posing risks to cyclists can be first discovered after the product is already on the market. Scott USA’s latest recall also serves as a reminder that even the newest bike models on the market can still have problems. It is important to monitor the safety of your bicycle and equipment even after a purchase.

Under Illinois law, a manufacturer of a product can be held liable when their product fails while the person using it was doing so in a reasonably foreseeable manner. This means that if a bicycle crash occurs because a part of the bicycle failed during normal use, the manufacturer of the product can be responsible for any injuries or damage suffered by the rider as a result of the crash.

The Illinois Bicycle Attorneys at the Keating Law Offices have handled numerous product liability cases. If you have any questions regarding a product liability case or other personal injury matter, please contact them at (312) 239-676 or contact attorney Mike Keating at MKeating@KeatingLegal.com.

Wednesday, May 7, 2014

5 Questions to Ask a Bike Lawyer After a Bicycle Accident

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 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 Comittee 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 Committe, 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.

Tuesday, May 6, 2014

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.

Monday, May 5, 2014

Village of Glenview to Install 3 New Bike Paths

The Village of Glenview has announced the construction of three new bicycle and pedestrian paths in the northern suburb. The largest of the projects is a 2-mile, off-road bicycle and pedestrian path not set to be completed until 2016. However, residents of Glenview can look forward to the construction of two smaller trails this calendar year. The first project, which starts in the summer, is a trail stretching roughly 0.75 miles to connect Glenbrook South High School with The Glen. The second project starts in the fall, and will include about 0.50 miles of new pathway to connect two existing trails in the Village.

Construction on these new trails is funded by over $1 million in grants awarded to Glenview by the Illinois Transportation Enhancement Program. The trails will be a key part of Bike Glenview, a village-wide initiative launched last spring to promote bicycling in the village. The bike trails will also be a major factor in the implementation of Glenview’s comprehensive Bike and Sidewalk master plan, which was initially passed in 2007 and pledges to add 50 miles of bike and sidewalk paths in and around the village by the year 2030.

The Illinois Bicycle Lawyers at Keating Law Offices fully support the development of bicycle trails and bicycle paths throughout the Chicagoland area. Separate, designated bike trails and paths provide a safe and convenient alternative to street transportation, which will reduce the risk factors that lead to bicycle accidents in Glenview. It is also a particularly positive development that Glenview, an area that has faced criticism for being designed around the use of automobiles, to take ownership of the planning and include infrastructure developments specific to bicycles and pedestrians. Glenview's commitment to active transportation demonstrates that an overall commitment to the health and safety of its residents can lead to not only safer streets, but areas that are more attractive to area residents and visitors.

Monday, April 28, 2014

Can the Illinois Bike Transportation Plan Reduce the Number of Bicycle Accidents in Illinois?

This month the Illinois Department of Transportation has released the Illinois Bike Transportation Plan, a statewide initiative meant to improve bicycling in Illinois and make bicycling more accessible to residents in all areas of the state. It is the first statewide bike plan in Illinois history. Most notably, the Illinois Department of Transportation reached out to over 4,000 members of the general public for their opinions on how to improve conditions for bikers in Illinois and what areas to specifically target with their efforts.

The Illinois Department of Transportation’s research indicated that concern about traffic safety is the single most prominent barrier to bicycling. Participants indicated that they would be more comfortable bicycling if Illinois increased the construction of the bicycle infrastructure to include more separated and visible bicycle facilities, incorporating improvements such as protected bike lanes, paved shoulders and green-painted pavement that designates part of a roadway as "bikes only."


As a state, Illinois has been making efforts to become more bicycle-friendly. In fact, the League of American Bicyclists ranked Illinois as the ninth most bicycle-friendly state in the country in their last poll. This is a big jump indicating a steady increase; Illinois was ranked just 22nd in 2010, and then jumped to 11th in 2011 and 2012 before landing at 9th in 2013.

Among the goals listed for the Illinois Bike Transportation Plan are increased safety for Illinois bicyclists by building separate and visible bicycle facilities, including bicycling in driver’s education programs and state driver’s tests, and developing programs to educate all roadway users on the rules of the road and bicycle safety; a more efficient transportation system that seamlessly connects bicycling with other common modes of transportation like trains, buses and the state transportation system; and greater community interest in bicycling as a commonplace option for daily errands, school and work commutes, and recreational use.


As attorneys that concentrate our practice in representing bicyclists injured in bicycle accidents, we have strong opinions as to what can make bicycling safer. Without a doubt, from a physical standpoint protected bike lanes and even dedicated "bikes only" roadways that literally separate bicycle traffic from motor vehicle traffic are the most safe for bicyclists. The vast majority of bicycle accidents that lead to serious injury involve a collision with a motor vehicle. If the bicyclists and motorists are separated then the risk for bicycle accidents immediately decreases.

From a non-physical standpoint the State of Illinois through the Illinois Secretary of State can continue to do more to incorporate the legal rights and responsibilities of bicyclists into the education and training that motorists receive when going through drivers' education and when they are re-tested for their drivers' licenses. Education itself can help increase awareness of bicyclists, the fact that bicyclists are legally entitled to all the rights and responsibilities as any user of the roadway, and serve as a chance to remind motorists to "share the road" and to "look" for bicycles.

The Illinois Bike Transportation Plan is a promising program that looks to bring a lot of improvements to our state for bicyclists. The program is a step in the right direction and, if all of the goals are implemented, bicycling should be safer and we can hopefully see the number of bicycle accidents decrease. But there is always room for improvement when protecting bicyclists who are some of the most vulnerable users of the roadways. As a state we can always strive to do more and to be better users of our roadways.

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

Tuesday, April 22, 2014

Bicyclist Killed in Collision in West Suburban Roselle



Multiple news outlets are reporting that a bicyclist has tragically died after a collision with a utility van in west suburban Roselle earlier this morning. The fatal bicycle accident occurred near the intersection of Rosemont Avenue and Roselle Road. Roselle Road is a main street in Roselle with four lanes that travel north-south with two lanes traveling in each direction. Rosemont Avenue is an east-west street that terminates at Rosemont Avenue. There is a "T" Intersection where Rosemont Avenue comes to an end at a park along Roselle Road.
 

According to reports the accident occurred just after 6:09 a.m.when the driver of the 2004 Mercedes-Benz van attempted to make a left-hand turn from eastbound Rosemont Avenue onto northbound Roselle Road at the "T" Intersection. The collision between the the motor vehicle and the bicyclist occurred at the "T" Intersection.
 

Section 901.01 of the Illinois Vehicle Code requires vehicles approaching or entering a "T" Intersection to yield-the-right of way to vehicles, including bicycles, to vehicles on the "non-terminating" roadway. In this instance, it means that vehicles turning off of eastbound Rosemont Avenue are required to yield the right-of-way to vehicles traveling along Roselle Road. The Illinois Vehicle Code provides as follows:
Sec. 11-901.01. Vehicles approaching or entering a "T" intersection. The driver of a vehicle approaching the intersection of a highway from a highway which terminates at the intersection, not otherwise regulated by this Act or controlled by traffic control signs or signals, shall stop, yield, and grant the privilege of immediate use of the intersection to another vehicle which has entered the intersection from the non-terminating highway or is approaching the intersection on the non-terminating highway in such proximity as to constitute a hazard and after stopping may proceed when the driver may safely enter the intersection without interference or collision with the traffic using the non-terminating highway. (Source: P.A. 81-860.)
The bicyclist was taken by ambulance to Alexian Brothers Hospital in Elk Grove Village where he was pronounced dead. The Roselle Police Department is conducting an accident reconstruction and the bicycle accident remains under investigation. 

Our thoughts and prayers are with the friends and family of the bicyclist. 

Wednesday, February 12, 2014

U of I to Receive State Grant to Fund Road Word That Includes Additional Bike Lanes in Champaign-Urbana


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Last week Governor Pat Quinn’s office announced that the University of Illinois will be undergoing substantial changes at the Urbana-Champaign campus that will include additional bike lanes on busy parts of the campus. The University will receive $748,000 in state capital funds which will be used to develop improved pavements on Sixth Street between Armory Avenue and Gregory Drive, and Stadium Drive at South Neil Street (pictured above), as well as installing new traffic signals in said areas.
The bicycle lanes on Sixth Street and Stadium Drive will be a much needed addition. “We are grateful for this assistance from the state in completing these projects to improve streets and bike lanes for our students, faculty, staff and visitors,” said University Chancellor, Phyllis Wise. According to Wise, these new bicycle lanes will be placed in busy areas of the campus, so the impact will be great. Governor Pat Quinn said, “Our investment will make a key area of campus safer and easier for bicyclists and pedestrians to use”.
This will be the latest project in Governor Pat Quinn’s “commitment to create jobs and drive Illinois’ economy forward”. On January 30, 2013, Governor Pat Quinn, along with Transportation Secretary, Ann Schneider, announced that about $50 million would soon be spent on improving the transportation system in the state of Illinois. Adding bicycle lanes to the streets was one way they planned to create safe, alternative transportation options to the people of Illinois.
The Illinois Bicycle Lawyers of Keating Law Offices are strong advocates of bicycling in Illinois and are pleased to hear of these latest additions to the University of Illinois, Urbana-Champaign campus. Keating Law Offices has represented bicyclists in Champaign and Urbana who have been seriously injured while riding on or near public streets. Many of these injuries from bicycle accidents could have been avoided had the bicyclist had the option of riding in a bicycle lane. Bike lanes, especially protected bike lanes, serve as traffic calming measures in that the bike lane provides the bicyclist with a clear, distinct path of travel and also serves as a warning and indicator to motorists that bicycles are present. These factors contribute to a less dangerous cycling environment for bicyclists.
 

As bicycling continues to grow in Illinois, it is a positive signal that the state's largest public institution of higher learning and the State of Illinois itself are working to include bicycles in public service projects.

Tuesday, September 24, 2013

Chicago Bicyclist Dies After Collision With Motor Vehicle In Niles


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According to news reports, a 72-year-old Chicago bicyclist died Monday morning after a collision between his bicycle and a motor vehicle in Niles. According to the Niles Police Department, the bicyclist, Stanley Lorkiewicz, was riding his bicycle in 7700 block of North Milwaukee Avenue near Jonquil Terrace in the northern suburb when he was struck by a motor vehicle. As the above map indicates, Milwaukee is two lanes headed both northbound and southbound. Jonquile Terrace is a small residential street.

After the collision, Mr. Lorkiewicz exchanged information with the operator of the motor vehicle and the police were called to the scene. Reports indicate that the police described the incident as a "minor accident." Apparently no traffic citations were issued by the Niles Police Department.

However, while the Niles police officers were writing up a report on the incident, Mr. Lorkiewicz collapsed at the scene. There is no indication how much time lapsed between the collision and Mr. Lorkiewicz collapsing. Mr. Lorkiewicz was then taken to Lutheran General Hospital in Park Ridge where he was subsequently pronounced dead at 8:48 a.m., according to police and the Cook County medical examiner's office.

An autopsy is scheduled for Tuesday. Without the exact results of the autopsy, the precise cause of death is not known. However, the trauma and the shock from the collision clearly played a role in Mr. Lorkiewicz collapsing at the scene. Under Illinois law, a person who causes a collision is liable for all injuries where the collision was a cause of the injury. The collision need not be the sole, exclusive cause of the injury. An example of this scenario is where a person with a heart condition suffers a heart attack due to a relatively minor collision. Even though the collision was minor, it was enough to trigger the heart attack.

This is a very sad and tragic situation. Our thoughts and prayers are with Mr. Lorkiewicz and his family. 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of injured bicyclists and their families. 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.

Friday, August 9, 2013

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 bicyclistWith 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.

Friday, May 10, 2013

Surly Bikes Recall Pugsley Bike Forks Because of Potential Defect


Surly Bikes of Bloomington, Minnesota has announced a recall of approximately 975 Surly Pugsley bicycle forks such as the ones pictured to the left.  The recall was issued following one report of a bicycle fork bending above the disc brake mount.  This reported incident did not result in an injury. 
According to the United States Consumer Products Safety Commission, the 100mm bicycle forks "are black, have triple water bottle mounts on each side, rack/fender mounts on the top and bottom and have date code 2012 03 20 stamped on the steerer tube."  The 135mm bicycle forks "are black, yellow or red and are stamped with date code 2012 06 19 on the steerer tube."  Both models have "Surly" printed on both legs of the fork and "Pugsley" printed on the packaging. 
In Illinois, the manufacturer of a product can be held liable when their product fails and the person was using the product in a reasonably foreseeable manner. Obviously, a bicyclist riding a bike in an appropriate manner does not expect the bike's fork to bend.  Therefore, any injuries that do result from a product failure such as this may be a basis for a claim against the manufacturer. Keating Law Offices obtained a six-figure settlement on behalf of a mountain biker who was severely injured when the fork on the rider's mountain bike failed.
The recall at issues affects Surly Pugsley's 100mm and 135mm bicycle forks.  The 100mm bicycle forks were sold individually for approximately $100. The 135mm bicycle forks were sold both individually for approximately 100 and on Surly Pugsley's 2013 model year bicycles, which retailed for approximately $1,750.  Both bicycle forks sold nationwide from May 2012 to February 2013.  The forks were manufactured by  Aprebic Industry Co. Ltd. of Taiwan and imported by Surly Bikes, a wholly-owned brand of Quality Bicycle Products, Inc.
The attorneys at Keating Law Offices have handled numerous product liability cases.  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.

Tuesday, September 4, 2012

Keating Law Offices Retained to Represent Chicago Bicyclist Severely Injured in Bike Accident


View Larger Image of Bike Accident Scene
The Illinois Bicycle Lawyers have been retained to represent a Chicago bicyclist who was severely injured in a bicycle accident on August 29, 2012. The bike accident occurred at the intersection of Halsted and Chicago at approximately 4:20 p.m. The bicyclist was traveling northbound on Halsted in the dedicated bike lane that runs on both sides of Halsted. The bicyclist had come to a complete stop when the traffic signal on Chicago turned to red. The bicyclist appropriately waited for the light to turn green and only then entered the intersection.

However, at the same time that the bicyclist entered the intersection on the green light, the motorist disregarded their red light and entered the intersection. The motorist directly hit the bicyclist in the center of Halsted and Chicago. As a result of the collision the bicyclist suffered a fractured leg, severe road rash to the face, and numerous related lacerations and bruises. After the bike accident, the bicyclist was taken by the Chicago Fire Department to the hospital where he was treated for 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.