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

Wednesday, May 27, 2020

National Transportation Safety Board (NTSB) Details "Countermeasures" to Address Bicyclist Injuries and Deaths

“Bicyclist Safety on US Roadways: Crash Risks and Countermeasures”

The National Transportation Safety Board (NTSB) published a recent report to bring society up to speed regarding its interpretation of bicyclists' safety in the United States. While increased access to bicycles and reliance on them as a main mode of transportation brings numerous positives to the community, such as awareness of cyclists’ rights on the roadway, unfortunately it also brings serious negatives such as heightened rates of serious personal injuries and deaths of bicyclists. 

The report cites that “since 2017, 806 bicyclists died in collisions with motor vehicles which was comparable to the amount of deaths resulting from railroad and marine incidents.” The NTSB found that analyzing bicyclist fatality data and non-fatal injury estimates was insightful in looking at bicyclist safety problems relative to other transportation modes. The information also served as an indication of bicycle safety issues as well as the need for other safety correctives. These shocking figures and trends forced the NTSB to take a closer look at data behind bicyclists safety and to address three specific areas impacting bicycle safety in its report: (1) improving roadway infrastructure, (2) enhancing conspicuity and (3) mitigating head injury, which are explored further below.  

Improving Roadway Infrastructure for Bicyclists

The NTSB defined a bicycle facility as “any infrastructure improvement that facilitates the safe use of bicycles as one mode of transportation among others.” In the US, familiar bicycle facilities used to accommodate bicycle traffic and improve safety range from paved shoulders, wide outside traffic lanes, bicycle-compatible drainage grates, maintenance hole covers and paved riding surfaces. Some regions have more advanced bicycle facilities to help reduce collisions in high crash locations such as separated bicycle lanes and intersection treatments.

To understand what, if any, the roadways infrastructure role played in bicycle collisions with motor vehicles, the NTSB analyzed bicycle crash statistics in terms of injury severity relative to crash location. The NTSB predictably found that a majority of motor vehicle versus bicycle collisions occurred at intersections. However, the data interestingly showed that the severity of bicycle collisions increased substantially at midblock locations. For instance, of the 173,000 motor vehicle versus bicycle collisions reported in 2014-2016, 103,000 involved nonfatal bicyclist injuries at intersections. Of the 2,410 fatal bicycle collisions reported during the same period, 1,361 or 56%, of the fatalities occurred at midblock locations. The data revealed motor vehicles speed at mid-block locations tends to be higher compared to an intersection where there are traffic control devices manage vehicular traffic and in turn reduce cars speed with traffic lights, stop signs and turn lanes.

In assessing ways to improve roadway infrastructure to reduce the most serious bicycle crashes the NTSB found separated bike lanes proved effective but were an underutilized bicycle facility. Separated bike lanes are a bicycle facility that is designed for the sole and exclusive use of bicyclists. Separated bike lanes are typically adjacent to the roadway but are physically separated from vehicular traffic by some vertical element such as a raised median, a bollard or on-street parking.

“Many European countries, specifically the Netherlands and Denmark, have been using separated bike lanes for decades and are among the safest bicycling facilities. Cities like Amsterdam and Copenhagen have been recognized as the most bicycle-friendly cities, with more than 30% of yearly trips in these cities being completed by bicycle.” While there is no bicycle lane inventory system in the US, data shows that local US agencies have begun to install separated bike lanes in recent years. Between “2008 and 2017, more than 80 miles of separated bike lanes were constructed.” Data also indicates that there are “130 bike lane projects planned or under construction that are expected to be completed between 2018 and 2022.” Department of Transportation representatives suggest that implementing separated bike lanes in our communities if often a slow process due to lack of local commitment and policies that appropriate funding to the initiative. As of 2018, 35 state Department of Transportations reported recommending separated bike lanes during the planning and design phase of their state roadway projects, however only four states actually followed through had separated bike lanes installed along their roadways. According to another database of separated bike lanes, “only 82 US cities have at least one separated bike lane.”

Research on separated bike lanes in the United States has been limited and in turn yielded mixed results. For example, in “2014, a study of separated bike lanes conducted in five US cities—Austin, Texas; Chicago, Illinois; Portland, Oregon; San Francisco, California; and the District of Columbia—found that installing separated bike lanes increased bicycle ridership and bicyclist compliance with intersection rules.” In other countries such as Montreal, Canada a study found that, compared to roads with similar characteristics, bicyclists on roads with separated bike lanes had “28% less injury risk.” A separate study in Toronto and Vancouver, focused on injuries at non-intersection locations and found that bicyclists had a “95% less chance of being injured when traveling on separated bike lanes.”

Based on the NTSB’s research, another benefit realized of separated bike lanes was that they eliminate three key bicycle crashes: rear-end collisions, overtaking and sideswipes. The NTSB concluded that separated bike lanes could prevent bicycle crashes involving motor vehicles at midblock locations and in turn also reduce the number of fatalities and serious injuries associated with such crashes.

Although separated bike lanes can improve safety for bicyclists by reducing the chance of traffic conflicts between bicycles and motor vehicles, ultimately the lanes come to intersections where potential collisions are unavoidable. “65% of nonfatal injuries and bicycle crashes occurred at intersections.” In 2017 crash data obtained from four states showed that “59% of bicyclists were involved in motor vehicle crashes at intersections or intersection-related locations.” Even though bicyclists struck by motor vehicles at intersections are more likely to sustain less serious or non-fatal injuries compared to those struck at midblock locations, the NTSB found the high frequency of intersection crashes demanded further assessment and evaluation.

Generally, intersection precautionary measures are intended to reduce crashes between motor vehicles and bicycles by increasing visibility and clearly signaling right-of-way using color, signage, medians, signals and pavement markings. There are also new bicycle-specific traffic-control devices at intersections such as: bicycle signal face, bicycle box, two-stage bicycle turn box, two-stage turns and refuge islands which are also known as protected intersections. The NTSB noted that combining these proven countermeasures to improve bicyclist safety at intersections and midblock locations also creates a network of safer roadways for bicyclists.

While collisions involving motor vehicles and bicycles can be reduced with improvement of roadway infrastructure by separating traffic with separated bike lanes and intersection treatments, the NTSB report also details how reduction in travel speeds where volume is high may be another effective component to bicycle safety. The NTSB found bicyclist crashes at locations with speed limits set at or above 50 mph were more than five times more likely to result in fatal or serious injuries to the bicyclists compared to locations with posted motor vehicle speed limits of 25 mph or less. Locations with posted speed limit of only of 30 to 35 mph yielded a “65% higher chance of the bicyclist sustaining a fatal or serious injury in a crash with a motor vehicle.”

One way to reduce traffic speeds is to lower speed limits. Some cities have lowered speed limits as part of a comprehensive strategy to improve pedestrian and bicyclist safety. For example, “in Boston, Massachusetts, the default speed limit was reduced from 30 mph to 25 mph in 2017, which in turn reduced the odds of vehicles exceeding 30 mph and 35 mph by 8.5% and 29.3%.” Therefore, the NTSB concluded that reducing traffic speeds alone can single handedly improve bicycle safety by reducing the likelihood of fatal or serious injury in the event of a crash.

In situations where reducing the speed limit is not possible, installation of separated bike lane could improve overall bicycle safety. The report cites to a study that recommended using separated bike lanes when the average vehicle speed exceeds 25 mph and or where the daily vehicle volume was more than 6,000. In situations where traffic volume was lower, but speeds exceeded 25 mph, the report recommends installing separated bike lanes, reducing speeds or lane reduction. Reducing the number of travel lanes or their widths, which is commonly referred to as a “road diet,” can result in both speed reductions and additional space for bicycle facilities. The NTSB concluded that the road diet is another proven safety countermeasure that both reduces traffic speeds and provides space on the roadway for the implementation of bicycle facilities, such as separated bike lanes.

Enhancing Conspicuity

Another aspect of bicycling safety that the NTSB analyzed was rider and bicycle conspicuity enhancements. While there are a variety of reasons as to why drivers and bicyclists fail to detect each other in time to prevent a collision, research showed about “45% of all bicyclist fatalities occur in dark conditions even though fewer than 20% of bicycle trips take place at night.” Improving the ability to see other road users can reduce the likelihood of collisions. Countermeasures that the NTSB analyzed involved reflective or bright clothing, adding lights or reflective materials to bikes and improving motor vehicle headlights to improve bicycle visibility on the roadways.

Studies show that drivers are more likely to detect bicycles and bicyclists with lights and retroreflective material and in turn reduce crashes compared to those without. Since the early 1970s efforts have been made to increase the use of conspicuity treatments among bicyclists by requiring the use of reflectors, bicycle lights at night and retroreflective upper body apparel. However, there is less evidence to show whether efforts to increase visibility have been successful. For example, an “Australian study found that while bicyclists report awareness of the benefits of using conspicuity aids, only a few of them regularly use lights or reflective clothing.” Another study of data from 2014 through 2016 found that “1,209 bicyclists were fatally injured at night. Among the 911 bicyclists with known safety equipment information, 63, or 6.9%, were identified as having bicycle lights, and 26, or 2.9%, wore reflective clothing.” The NTSB determined that riders often overestimate their level of conspicuity to other road users. Further that due to the challenges inherent in increasing rider use of conspicuity treatments, materials actually included on the bicycle at the time of manufacture may be the most reliable bicycle-conspicuity enhancement for most riders.

The risk of a bicyclist fatality which increases substantially in darkness is unfortunately a risk that is well known and understood today. Understanding the significant risk that riding in darkness poses, the NTSB criticizes the current Federal Motor Vehicle Safety Standard for headlights which does not include a minimum illumination distance or on-vehicle performance. The NTSB found manufacturers were able to self-certify that their lights met criteria for bulb output by only using results from parts that have been removed from a vehicle. Further the Department of Transportation only requires a low and high beam light and does not allow for vehicles to continuously adjust the light pattern and provide high-beam illumination. The NTSB recommends that safety standards should allow for advance vehicle lighting systems along with on-vehicle headlight testing to account for headlight height and lighting performance which would likely result in headlights that improve drivers’ ability to detect other road users like bicyclists.

A recent development in motorized vehicles technology relative to conspicuity is the design of intelligence systems within the vehicle that allow cars to detect or see obstacles in the environment. This technology was originally meant for other vehicles on the roadway however the technology has evolved to include detection of other roadway users, such as bicyclists and pedestrians. The two types of systems are collision avoidance systems (CASs) and connected technologies, both of which can reduce crashes and injuries by providing advanced warnings to the driver before they occur.

Collision avoidance systems involve a camera, radar and sensors to detect potential conflicts such as slow-moving or stopped vehicles. When a conflict is identified, the system provides warnings and ultimately may initiate an emergency braking or braking force if the driver brakes too late or not strongly enough. Connected technologies allow vehicles to communicate with one another, road infrastructure or road users to help warn of risks and crashes. Vehicle-to-pedestrian (V2P) systems are also used to describe communications between vehicles and bicyclists through electronic devices to send and receive information about the movement of transportation system users with the goal of preventing collisions. V2P systems can alert both the driver and the bicyclist which may increase the likelihood that an action may be taken to avoid a collision. While CAS and connected technologies have great potential to reduce and mitigate bicycle injuries and collisions the NTSB recommends that CAS and connected technologies could be modified to specifically detect bicycles. The NTSB noted that unfortunate delays related to the development of both technologies within the National Highway Traffic Safety Administration as well as the US Department of Transportation have slowed the development of further implementation of lifesaving technology.

While neither CASs or blind spot detection systems are currently required on large trucks and buses, NTSB research suggests these larger vehicles would especially benefit from similar onboard systems and equipment to help compensate for their larger blind spots that make it difficult for drivers to detect and maneuver around bicyclists. Such systems and equipment could include enhanced mirror systems or sensors that can alert drivers if there is another vehicle, bicyclist, or pedestrian in the blind spot after the driver activates the turn signal. The NTSB analyzed date from 2014 through 2017 and found that “511 bicyclists were involved in crashes involving transit operations. Among them, 374 bicyclists, or 73%, collided with transit buses. Twenty-three bicyclists, or 6%, died in these crashes.” The NTSB concluded there needs to be continued performance standards to ensure blind spot detection systems can detect vulnerable road users, including bicyclists.

Mitigating Head Injury

Improving roadway infrastructure, motor vehicle headlights, and in-vehicle collision avoidance systems can prevent bicycle crashes involving motor vehicles. Bicyclists can also reduce the likelihood of getting in a crash by obeying traffic rules and traffic controls, such as traffic signals, and enhancing conspicuity, such as using bicycle lights. In analyzing actual bicyclist injuries, the NTSB found head injury to be the leading cause of bicycle-related deaths. Bicyclists involved in motor vehicle collisions are more likely to sustain a higher percentage of head injuries compared to other injuries. In the unfortunate event that a crash does occur the NTSB remarked, the most effective method for a bicyclist to mitigate head injury is to properly wear a bicycle helmet that is compliant with the federal safety standard for bicycle helmets.

The NTSB examined data from 2014 through 2017 and found that “only 15% of crashes between motor vehicles and bicycles indicated whether the bicyclist was or was not wearing a helmet.” These cases represented about 60,000 bicyclists. “The 60,000 bicyclists were divided into four categories based on helmet use and head injury. Thirty-five percent of the bicyclists were wearing a helmet and among them, 24% sustained a head injury. In comparison, 65% of the roughly 60,000 bicyclists were not wearing a helmet and 36% of them sustained a head injury.” This data suggests that among all bicyclists involved in crashes with motor vehicles with known helmet use, those wearing helmets had a considerably lower chance of sustaining a head injury.

Although there is strong and consistent evidence demonstrating the effectiveness of helmets for protecting bicyclists from head injuries during bicycle-related crashes, helmet use in the United States remains low. “In 2012, based on a nationally representative sample, published by the National Survey of Bicyclist and Pedestrian Attitudes and Behavior results showed only 28% of respondents reported that they always wore a helmet when riding a bicycle and 46% of respondents reported that they never wore a helmet.” In a separate study conducted from 2010 to 2017, helmet usage in collisions were measured by age group. Among fatally injured bicyclists, “the groups least likely to be wearing a helmet were those between the ages of 15 and 19 (94%) and those between the ages of 10 and 14 (92%).” The groups least likely to be wearing a helmet in a non-fatal collision were those “under the age of 10 (76%) and those between the ages of 20 and 24 (74%).” This data shows that helmet use among bicyclists is low overall, especially amongst children and young adults. The NTSB concluded that the underutilization of bicycle helmets has contributed to the incidence of deaths and serious injuries among crash-involved bicyclists.

Thursday, December 17, 2015

Need A FREE Stocking Stuffer For The Bicyclist In Your Life?

Chicago Bike Flag stickers and patches and the popular "Share The Road Bumper Stickers" from the Illinois Bicycle Law Attorneys at Keating Law Offices make great stocking stuffers for the bicyclist in your life. And best of all they are FREE to Illinois bicyclists!

How To Get The Chicago Bike Flag Or A Bumper Sticker

All you need to do to get a Chicago Bike Flag sticker or patch or the Share the Road bumper stickers is to email your mailing address to ChicagoBikeFlag@KeatingLegal.com. In the email simply let us know what items you would like and we will mail them out absolutely free of charge. We will do our best to get them out in time for Christmas.

Illinois Bicycle Lawyers At Keating Law Offices 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm works as attorneys and advocates who have been injured in a bicycle accident or crash. 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, July 16, 2015

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

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

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

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

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients in wrongful death and personal injury cases throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are absolutely confidential and free. Please feel free to contact the firm at any time. We are committed to helping our clients.

Friday, January 23, 2015

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

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

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

“It’s a way to beat the seasonal depression, it’s totally a real thing…Exercising in any way shape or form will release serotonin. You get a good feeling afterward. Just the fact you are a winter warrior and you made it to work, it’s a high-five, it makes you feel like a badass,” Hannah told DNAinfo Chicago.
Hannah stays warm while biking by wearing a wool onesie underneath her clothes, Pearli Izumi tights, two pairs of gloves, a face buff, and goggles to keep the snow out of her eyes.

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

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

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

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

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

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

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

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

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

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

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

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

Although Chicagoans know the frigid temperatures, wind chills, and snow and ice storms that so often happen during the winter months here in Chicago, the key to staying safe and warm as a cyclist is to layer clothing, be a defensive cyclist, and follow the regulations provided by Illinois law.
 

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

Thursday, May 8, 2014

Bicyclist Killed in Collision on Harlem Avenue in Harwood Heights



4900 block of North Harlem Avenue in Harwood Heights, IL where bicyclists Jose Romero was fatally struck and killed as a result of a collision with a motor vehicle while riding his bicycle.

News outlets are reporting that a bicyclist was fatally struck and killed as a result of a collision with a motor vehicle in one of Chicago's suburbs. Jose Romero was riding his bicycle in the 4900 block of North Harlem Avenue in Harwood Heights on Wednesday when he was struck by a motorist who was exiting a business on Harlem Avenue. The is the second motor vehicle vs. bicycle collision within the past few weeks that has resulted in the death of the bicyclist in the Chicago area.

According to reports, the motorist was pulling out of a driveway to a business and attempting to enter Harlem Avenue. As the motorist was preparing to exit the driveway, she was checking for oncoming traffic to her left and apparently pulling into Harlem Avenue at the same time the bicyclist was passing on the motorist's right. As a result, it appears that the motorist did not see Jose Romero and he was struck with the vehicle as it entered Harlem Avenue.
 

The motorist was reportedly issued a traffic citation for failure to yield to oncoming traffic and now faces these charges as a result of the fatal collision. Section 11-906 of the Illinois Vehicle Code requires vehicles exiting a private drive to yield the right-of-way to oncoming traffic. In addition, Section 703(e) requires motor vehicles to not drive "unnecessarily close to, toward, or near a bicyclist." Beyond the statutory principles, it is a well known principle to "check both ways" and keep a proper lookout when entering into traffic.
 

This tragic collision could also be the bases of a civil case brought by the family of Jose Romero. Under Illinois law, the family of a person who dies as a result of alleged negligence can bring a case under the Wrongful Death Act and the Survival Act. The Wrongful Death Act allows the family to make a claim for the loss of the family member and everything that family member provided to them, including the loss of their presence in their lives. Under the Survival Act the family may make a claim for the material losses such as medical bills and the pain and suffering the family member experienced prior to their death.

Outside of the law, anytime a person's life is lost as the result of a collision of this nature, it is a great loss and tragedy. Our thoughts and prayers are with the friends and family of Jose Romero.

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.

Monday, January 14, 2013

Lawsuit Filed For Victim of Albany Park Bicycle Accident

The Illinois Bicycle Attorneys at Keating Law Offices have filed a claim on January 11, 2013 on behalf of an injured bicyclist against the driver alleged to have struck him in Chicago's Albany Park neighborhood on April 21, 2011. As a result of the collision the bicyclist suffered severe injuries to his upper arm and shoulder which required three separate surgeries and months of physical therapy.

According to the Chicago Police Department's report, the injured cyclist was riding eastbound on Montrose Avenue near its intersection with Troy Avenue when he was suddenly hit by a car. The driver had been traveling northbound on Troy when he came to the stop sign at the intersection with Montrose. Instead of properly stopping and yielding to the bicyclist, who had the right of way under Illinois law, the driver allegedly pulled out into the intersection without warning and struck the bicyclist. At the time of the collision, the driver was driving a company car used for deliveries. The bicyclist was immediately rushed by ambulance to a local hospital for treatment of his injuries.

As a result of the collision the driver was issued two traffic citations by the Chicago Police Department including one for violating Section 9-40-160 of the Chicago Municipal Code. Section 9-40-160 requires all drivers to use "use due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway..." Any driver who strikes a bicyclist in Chicago has clearly violated this local law.

Despite Illinois state laws, and laws like 9-40-160 in Chicago, that expressly give bicyclists using roadways protections equal to those of motor vehicles, bicyclists continue to be viewed by many drivers as obstacles or annoyances rather than legal users of the road. Our firm has successfully represented many bicyclists who have been injured by motorists who fail to use the level of care and caution that the law requires of all users of our shared streets to exercise. If you have been injured while biking due to a careless or reckless driver, the experienced Illinois Bicycle Attorneys can help you seek justice whether or not the driver was issued a traffic ticket or citation. Please call us today to discuss your case and options if you have been injured by a car while riding your bike.

If you have any questions regarding this post or an issue involving Illinois personal injury law, Illinois Bicycle Attorney Mike Keating is available to help you 24 hours a day, 7 days a week. Please contact Mike anytime by calling 312-208-7702 or emailing him at MKeating@KeatingLegal.com. All emails and phone calls are returned promptly. All initial consultations are confidential and free. In addition to representing bicyclists, Keating Law Offices handles all types of personal injury cases throughout Illinois.

Friday, August 31, 2012

Meijer Recalls 68,000 Bicycles Due to Defective Pedals

The popular retailer Meijer Inc. has announced the recall of approximately 68,000 bicycles due to faulty pedals that could cause a bicycle accident due to a fall. The recall includes models of Huffy, Iron Horse, Moongoose, Northwoods, Pacific, Razor, and Schwinn bicycles. According the CPSC website, the pedals on these models can detached from the bicycle during use, thus creating a dangerous situation for riders. To date, there have been 16 reports of injuries in bike accidents caused by the defective pedals.

The recalled bicycles were sold exclusively at Meijer stores from March 2012 through August 2012 in Michigan, Ohio, Illinois, Indiana, and Kentucky. The affected bikes have a “Serve-U-Success” assembly sticker attached to the bottom or back of the bicycle frame. Click here to visit Meijer’s website for a full list of the recalled models.
Keating Law Offices has significant experience and success with product liability cases and injuries resulting from bike usage. 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, if would be reasonably foreseeable for a rider to expect a bike pedal to not break so any injury occurred could be the basis for a claim against the manufacturer. 
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.