Jury Awards $213,000 To Chicago Bicyclist Doored in Chicago's Loop

A Cook County Jury has awarded a Chicago cyclist nearly $213,000.00 for injuries she sustained when she was doored in Chicago's Loop. The crash itself coincidentally happened on the Washington Street bike lane - across the street from the Daley Center courthouse where the jury trial was held. 

This monumental verdict and its importance as to the law protecting Chicago cyclists was the focus of a Block Club Chicago article by Chicago journalist Izzy Stoobandt. 

In June of 2017 the cyclist was riding to her job as a chef at a local restaurant on Michigan Avenue. The route was familiar to her and the final leg down the bright green protected bike lane on Washington Street was the final stretch. As she pedaled past Dearborn Street, the driver of a Lexus SUV pulled alongside her and partially onto the bike lane. A passenger in the backseat of the vehicle then swung the door immediately into the helmet of the cyclist. 

The impact from the door knocked the cyclist from her bicycle and she skidded along the bike lane. She later recalled briefly losing consciousness. As a result of the collision she sustained a concussion, severe road rash, and a herniated disc in her back. 

The jury trial focused on the actions of both the driver and the passenger. The injured bicyclist alleged that the driver was at fault for illegally parking on the bike lane. The allegation against the passenger was that she "doored" the cyclist by opening the vehicle door into the path of the cyclist. 

A local psychology professor was having lunch at the cafe next to the bike lane and witnessed the events. He testified that he was overcome by a feeling of shock and fear for the well being of the cyclist. His student was having lunch with the professor and she remembered the aftermath and her concern for the cyclist. Also at trial the responding Chicago Police Officer and one of the paramedics detailed what they observed and were told when they arrived at the scene.

The attorney hired by State Farm Insurance to represent the driver and the passenger denied that the defendants did anything wrong. Their argument was that this spot adjacent to the bike lane was the only available spot, that they put their hazard lights on, and that the door was already open when the cyclist rode into the door.  

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The jury found the driver and his passenger who doored the cyclist 100% at fault for the crash. In the end the jury’s verdict forces State Farm to face an excess verdict that is over 400% of their offer on the courthouse steps to settle last week and is more than double the policy limits that the cyclist was willing to settle for years ago.

This verdict more than pays for the cyclist’s medical bills for an ambulance trip to the ER and doctor’s visits and the pay she lost due to being off work for a week.

This verdict also stands to show that Chicago’s bike lanes are for cyclists ONLY. Keating Law stands ready and willing to do whatever it takes to force justice for our clients and cyclist’s rights.

The "Dutch Reach" Becomes Part of Illinois Bicycle Laws

Illinois Department of Transportation data shows dooring crashes on the rise across the state. In 2015 alone there were more than 300 doorings reported. This number, which only represents those doorings that made it onto a police report, nonetheless represented a 50% increase from 2014. 

As part of an effort to fight the plague of doorings, the Illinois Secretary of State will now be required to include the "Dutch Reach" as a part of the Rules of the Road for Illinois motorists. The "Dutch Reach" is where a motorist opens the car door across their body with their right hand. This movement forces the the driver to turn their body and check over their left shoulder towards oncoming traffic. The goal of the "Dutch Reach" is to teach motorists to always check for bicyclists prior to opening their vehicle door into traffic and to prevent doorings. Keating Law Offices attorney Mike Keating was recently profiled in a CBS 2 Chicago story on the Dutch Reach.

Doorings Are Illegal

Section 11-1407 of the Illinois Vehicle Code and Section 9-80-035 of Municipal Code of Chicago prohibit opening a car door into traffic. Here's the Illinois dooring law:  

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

Bicyclists Have Equal Right to Illinois Roads

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

Teaching the "Dutch Reach" is an important step in making watching for bicycles at all times a common practice for all motorists. Just as every motorist is taught to "check their blind spot" when changing lanes, every motorist will be taught to look for bikes when exiting their vehicle. Each time, every time. And with that, we hope to see the number of doorings in Illinois decrease. 

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

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

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

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

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

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

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

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

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

Chicago Bicyclist Luster Jackson Struck By Car After Avoiding Dooring

7200 Block of South Stony Island

Chicago bicyclist Luster Jackson was killed in a scenario that is a constant fear of Chicago bicyclists. Luster was riding his bike northbound in the 7200 block of South Stony Island. According to the Sun-Times, as he was riding a driver opened their car door into Luster's path. The bicyclist swerved to avoid the car door and Luster was fatally struck by an approaching vehicle.

According to the report, the driver of the vehicle that fatally struck Jackson was issued a traffic citation. However, given the scenario described in the article, there may have been traffic violations on the part of the driver opening their car door into Luster's path and on the part of the driver that fatally struck him.

Illinois Law Requires At Least 3 Feet When Passing A Bicyclist

Illinois law requires a minimum of three feet when passing a bicyclist. So any oncoming car on Stony Island should have given at least three feet of room to the bicyclist as they approached. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This statute provides as follows:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703) Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter:
(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

Key language in the statute is obviously that there must be a minimum 3 feet between the bicycle and the motor vehicle when the motorist passes the bicycle. But note that the statute also requires that this distance of 3 feet must be maintained until the motorist is "safely past" the overtaken bicyclist.

City of Chicago and State of Illinois Laws Prohibit Doorings

In addition to Municipal Code of Chicago, the Illinois Vehicle Code states that it is illegal to open a car door into traffic. A bicycle is a vehicle under Illinois law and is considered "traffic." Section 11-1407 of the Illinois Vehicle Code states:

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

Tragic Loss of a Chicago Bicyclist

Tragically, another Chicago bicyclist has lost their life. What is somewhat unique about this case is that it involves the actions of two other vehicles that created a "worst case scenario." Our thoughts and prayers are with the family and friends of Luster Jackson. May he rest in peace. 

News Reports of Bike Crash Involving 14-Year Old Doored in Palmer Square

2600 West Armitage in Chicago, Illinois

News outlets, including the Chicago Tribune and the Chicago Sun-Times, are reporting that a 14-year old boy was seriously injured early this morning. The bicycle crash occurred in the 2600 block of West Armitage on the city's northwest side in the Palmer Square neighborhood. Given the time of the day and the age of the boy he was possibly riding his bicycle to school. The boy was taken via ambulance to Illinois Masonic Hospital for a reported head injury. Click here for the Chicago Tribune article. 

In an article published on Saturday, the Chicago Sun-Times provided more detail and that this was a "dooring" where a motorist opened their door directly into the path of the boy. The Chicago Municipal Code specifically prohibits "doorings." The Sun-Times reported that the driver was given a ticket related to this bike crash. 

The Chicago Municipal Code provides:

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

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.

Victim of Dooring on Milwaukee Avenue Receives $60,000.00 Settlement

A Chicago bicyclist who was doored on North Milwaukee Avenue in April of 2015 has received a $60,000.00 settlement from the insurance company for the driver that caused her injuries. The dooring occurred as the bicyclist was riding north on North Milwaukee Avenue towards its intersection with West Haddon Avenue in West Town. At the same time the driver had just parked her vehicle on Milwaukee Avenue. Without looking, the motorist unfortunately made the regrettable decision to swing her driver’s door open into the designated bike lane on Milwaukee Avenue where the bicyclist was unable to avoid the collision. 

Chicago Bicycle Laws Outlaw Doorings

It is troubling that bicycle accidents from doorings still occur in areas like West Town where there are designated bike lanes and consistent bicycle traffic. The law in Illinois generally and Chicago specifically make the act of dooring illegal. Section 11-1407 of the Illinois Vehicle Code and Section 9-80-035 of Municipal Code of Chicago address this issue with the same statutory language:

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

Common Injuries In Bicycle Crashes

As with almost all doorings, this one could have been avoided had the driver simply checked over her shoulder and her mirror and looked for bicycles that could be expected down the dedicated bike lane. This seemingly simple failure resulted in a serious injury to a young professional who ended up with a broken collarbone, a pile of medical bills and missed time from work. This insurance settlement for the bicycle accident will fairly compensates the bicyclist for her medical bills and missed time from work and also compensates her for the pain and suffering she went through while recovering from her injuries. Fortunately the bicyclist did not have to undergo surgery for her fractured collarbone and healed with rest and some physical therapy. Due to this she will be able to use most of her settlement towards getting back to her life and putting this event behind her. 

Bicycle Accident Lawyers

If you have been injured in a bicycle accident, it is important that your get as much information as possible right away regarding your legal options. 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.

Victim of Dooring in Lincoln Park Receives Insurance Settlement

A Chicago bicyclist who was doored on Diversey Parkway in June of 2014 has received a substantial settlement from the insurance company for the driver that caused her injuries. The dooring occurred as the bicyclist was riding eastbound on Diversey towards its intersection with Sheffield Avenue in Lincoln Park. At the same time the driver had just parked her vehicle on Diversey and swung her driver’s door open into the designated bike lane where the bicyclist was unable to avoid the collision.

As a result of the collision with the door and the landing after the impact, the bicyclist suffered numerous injuries including a broken foot. It is troubling that bicycle accidents from doorings still occur in areas like Lincoln Park where there are designated bike lanes and consistent bicycle traffic. The law in Illinois generally and Chicago specifically make the act of dooring illegal. Section 11-1407 of the Illinois Vehicle Code and Section 9-80-035 of Municipal Code of Chicago address this issue with the same statutory language:

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

As with almost all doorings, this one could have been avoided had the driver simply checked over her shoulder and her mirror and looked for bicycles that could be expected down the dedicated bike lane. This seemingly simple failure resulted in a bad injury to a young student who ended up with a broken foot, a pile of medical bills, and missed time from work. This insurance settlement for the bicycle accident more than compensates the bicyclist for her medical bills and missed time from work and also compensates her for the pain and suffering she went through while recovering from her injuries. 

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.

Lawsuit Filed On Behalf Of Bicyclist Injured In Dooring Settled On Eve Of Trial

Attorney Michael S. Keating, one of the Illinois Bicycle Lawyers at Keating Law Offices, has successfully resolved a lawsuit that was filed on behalf of an injured Chicago bicyclist. The lawsuit stemmed from injuries the bicyclist sustained when the rider was doored while bicycling in a marked bike lane in Chicago. The lawsuit was settled for $80,000.00 on the eve of a pending jury trial in the Circuit Court of Cook County. 

The total settlement of $80,000.00 provides the injured bicyclist compensation for the approximately $15,000.00 in medical expenses incurred as well as an additional $65,000.00 for pain and suffering and the loss of a normal life the bicyclist experienced as a result of the injuries. “Loss of a normal life” is a compensable damage under Illinois law that is defined as “the temporary or permanent diminished ability to enjoy life,” and “includes a person’s inability to pursue the pleasurable aspects of life.” Examples of a loss of a normal life include difficulty with sleeping, enjoying hobbies, or even something as simple as an interruption of your regular social life.

The act of "dooring," where a motorist opens their vehicle door into the path of a bicyclist, is specifically outlawed in Chicago. Section 9-80-035 of the Municipal Code of Chicago states:

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

Keating Law Offices is one of the nation's leading firms that concentrates its practice in representing bicyclists injured in a bike accident. The firm represents more bicyclists in cases pending in Illinois courts than any other law firm in Illinois. 

Bicyclist Doored on West Side of Chicago

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Chicago bicyclist who was a victim of a dooring earlier this month. The dooring occurred on the far West Side of Chicago of Austin Avenue just north of its intersection with Fullerton Avenue in the Austin neighborhood.

The bicyclist is a high school student who was riding southbound on Austin Avenue when she was doored by a motorist getting out of a car parked along the curb also on Austin Avenue. When the bicyclist saw the car door open, she instinctively put her right arm up for protection, but was still "doored" as the door was swung into her.

This is a classic example of a "dooring." Illinois law is very clear regarding a motorist’s duty to carefully avoid dooring a bicyclist. Great efforts have been made to educate the public so that they LOOK! prior to opening their door into traffic. Legally speaking, Illinois law is very clear on the requirement that motorists not open their door into the path of a bicyclist.

Section 11-1407 of the Illinois Vehicle Code states:

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

The statute, however, does not provide a definition of the act of opening a door into traffic AND a collision taking place. The law only talks about "interfering" with passengers. Illinois bicycle attorney Mike Keating has long argued for the following legal definition of a "dooring":

dooring. (Verb) doored. (Past Tense) doorings. (Plural)
The act of opening the door of a motor vehicle into the path of a bicyclist and causing a collision. Examples: "The bicyclist was a victim of a dooring while riding down the bike lane." "Several bicyclists were victims of doorings while riding on the same bike lane."

As a result of the dooring, the bicyclist was thrown to the pavement where she suffered a serious arm injury that required her to be taken by ambulance to the emergency room at a nearby hospital. The arm was numb and immobile at the scene, symptoms that are often consistent with nerve damage. The bicyclist is now seeking follow-up treatment.

The Illinois Bicycle Lawyers at Keating Law Offices are the top law firm in Illinois representing victims of bicycles accidents and crashes. The firm has successfully represented numerous victims of bicycle accidents and collisions in Chicago, the suburbs, and throughout Illinois.

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.

Divvy Rider Doored on Clinton Street

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The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a suburban woman who was doored last September while riding a Divvy bike.  The dooring occurred near Union Station as the Divvy bicyclist was riding southbound in the designated bike lane on Clinton Street. As the bicyclist approached 310 South Clinton Street the driver of a vehicle parked along the curb suddenly opened the driver’s door of his vehicle into the bike lane without looking for oncoming bicycle traffic. The vehicle door struck the bicyclist as well as the Divvy bike.

The brunt of the impact was sustained by the Divvy bicyclist’s right hand which was crushed between the vehicle door and the handle bar of the Divvy bike. As a result of the impact the Divvy bicyclist was thrown from the Divvy bike to the pavement. The Divvy bike, which is significantly heavier than an average bicycle for durability purposes, then fell on top of the bicyclist.

The bicyclist immediately sought medical treatment for injuries to her right hand and left shoulder. Upon discharge from the emergency room the Divvy bicyclist’s right hand was placed in a splint. The bicyclist experienced a decreased range of motion in her right hand and fingers for several weeks following the dooring.

Opening a vehicle door in the path of a bicyclist is strictly prohibited by the Illinois Vehicle Code as well as the Municipal Code of Chicago. In this case, the responding Chicago Police Officer issued the dooring culprit a traffic citation for violating Section 11-1407 of the Illinois Vehicle Code. Section 11-1407, the ‘dooring statute,’ states in part:

“No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic.” (625 ILCS 5/11-1407).

The Illinois Bicycle Lawyers are pursuing a claim with the dooring culprit’s insurance carrier to compensate the injured Divvy bicyclist for her injuries, medical bills, loss of a normal life and pain and suffering.

Chicago Bicyclist Doored in West Town

The Illinois Bicycle Lawyers have been retained to represent a bicyclist who was the victim of a dooring in the West Town neighborhood in Chicago. The dooring occurred as the bicyclist was riding northbound on Wood Street at the same time as a driver of a vehicle suddenly opened his car door directly into the path of the bicyclist. Unable to evade the door, the bicyclist collided with it, and the collision caused her to be thrown from her bicycle onto the street. The motorist then went inside the television production office where he worked. Police who came to the scene were able to track the motorist to the vehicle on the street.

The bicyclist was taken to Rush University Medical Center due to pain in her right shoulder and elbow.

At the hospital, the bicyclist was physically examined and underwent x-rays. Since the collision she has also received orthopedic treatment as she continues to recover from her injuries.

According to the City of Chicago’s 2012 Bicycle Crash Analysis, Chicago has implemented several efforts to reduce the number of doorings in Chicago, including public awareness marketing campaigns and expanded driver education. Doorings are perhaps the type of bicycle vs. motor vehicle collision that are the most easily reduced. As the name of the City's campaign states, a driver exiting a vehicle need only LOOK! in order to avoid a dooring collision. Effective education that leads to new habits could be the key to reducing doorings.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please do not hesitate to contact Illinois Bicycle Lawyer Mike Keating at 312-239-6787 (Business Hours) or  312-208-7702 (24/7) or at MKeating@KeatingLegal.com. The firm is committed to assisting any bicyclist injured anywhere in Illinois at any time. All emails and phone calls are returned promptly. Keating Law Offices offers free, no obligation consultations to injured bicyclists. There are never any attorneys' fees or expenses unless the firm is able to make a recovery on your behalf. Please call anytime if you have a personal injury case from a bicycle crash you would like to discuss.

Claim Settled for Chicago Bicyclist Injured In Dooring Collision

The Illinois Bicycle lawyers at Keating Law Offices recently settled a claim on behalf of a bicyclist who was doored on on Belmont Avenue earlier this year on August 13th. The incident occurred when the bicyclist was riding his bicycle eastbound on West Belmont Avenue at the same time a driver was sitting in a parked vehicle on Belmont. As the bicyclist rode by, the driver suddenly opened the driver’s side door of her vehicle without checking for oncoming traffic. Her door opened directly into the bicyclist’s path, causing him to collide into the door. The impact caused the bicyclist to be thrown from his bicycle and crash onto the pavement.

Following the collision, the injured bicyclist was admitted to the emergency room at Resurrection Medical Center. The hospital took several x-rays and the bicyclist was diagnosed with a shoulder separation and an injury to his tailbone. This settlement fairly compensated the injured bicyclist for his medical bills, pain and suffering, lost wages from his time off of work, and provided money to repair his damaged bike.

Illinois law expressly prohibits the behavior of the driver in this case. Section 5/11-1407 of Illinois Vehicle Code states:

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

Despite efforts to raise awareness, dooring remains a serious concern in Chicago. In 2012, doorings caused approximately 250 bicycle collisions within Chicago limits. To combat this problem, Mayor Rahm Emmanuel recently imposed an ordinance that will require all Chicago taxicabs to place a sticker on the rear passenger window that reads, "Look! Before Opening Your Door." In addition, in June 2013 the Chicago City Council approved the 2013 Bicycle Safety Ordinance which increases the fine for dooring a bicyclist.

Keating Law Offices has represented numerous victims of doorings not only in Chicago, but throughout Chicagoland and the rest of Illinois. While doorings most typically happen in congested urban areas, the Illinois law that prohibits doorings applies throughout the state of Illinois.

Chicago Bike Messenger Doored by Taxi Passenger Near Union Station

The Illinois Bicycle Lawyers at Keating Law Offices were recently retained to represent a Chicago bicycle messenger who was injured when she was doored by a passenger exiting a taxi near Union Station. On the evening of July 1, 2013, the bike messenger was riding her bicycle westbound on Adams Street just past the bridge over the Chicago River. At the same time, a taxi pulled over on the left side of Adams Street to drop off a passenger. As our client approached the taxi, a passenger suddenly opened the rear driver-side door directly into our client's lane of traffic, causing our client to slam into the door and fall to the ground. The passenger at fault immediately fled the scene before law enforcement arrived.

The taxi passenger clearly violated Section 11-1407 of the Illinois Rules of the Road, which states:

"No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic . . . ." 

Under the Illinois Rules of the Road, the passenger is liable for our client's injuries, as he directly interfered with moving traffic when he opened his door into our client's path. Unfortunately, we are unable to seek recovery from this individual, as he fled the scene and his identity remains unknown.

Fortunately, the cab driver and the company he works for are also liable for our client's injuries. City of Chicago Public Chauffeurs Rule 5.18 requires taxi drivers to discharge passengers "in a safe and legal manner" and requires divers to discharge passengers curbside. The driver is this case violated both of these requirements because the passenger opened the door in violation of Section 11-1407 of the Illinois Rules of the Road and because he failed to drop the passenger off curbside. As such, the Illinois Bicycle Lawyers at Keating Law Offices are still able to seek recovery on our client's behalf. We are currently pursuing this claim against the taxi cab driver and the taxi cab company involved in this collision.

Bicyclist Doored By Passenger Exiting Taxi Cab on Lincoln

The Illinois Bicycle Lawyers at Keating Law Offices have been retained by a Chicago cyclist who was injured in a motor vehicle vs. bicycle "dooring" collision near the intersection of Lincoln and Armitage. The unique fact in this case is the the dooring was with the passenger door of the cab as a passenger exited the cab while stopped in traffic and opened the door into the path of the bicyclist who was riding to the right of the cab.

The dooring occurred just this past week, on Wednesday, April 3. The bicyclist was taken from the scene by ambulance to the ER at Northwestern Memorial Hospital. Ironically, the passenger who opened the cab door into the path of the bicyclist identified herself as a doctor at the scene.

This type of dooring is less common than driver-side doorings, but it may potentially become increasingly prevalent as more bike lanes are painted on the far right side of the road. This could create a situation where a cab driver doesn't block the bike lane with the cab, but still causes a major problem by letting the passenger exit right onto the bike lane.

This is also why in situations like this the cab driver and cab company can be liable for the doored bicyclist's injuries. This is because Illinois law considers taxi cabs and limousines to be "common carriers." Under the law "common carriers," which also include buses and trains, are expected to operated with the highest level of care possible since they are holding themselves out as "professional" operators who are responsible for their passengers' safety. Consistent with their passengers safety is to not let their passengers out in a place that is dangerous to the passenger. Clearly if the cab driver doesn't let their passenger out into moving traffic, there is no risk of causing the dooring of bicyclist in the bike lane.

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.

Keating Law Offices Settles Case for Skokie Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices have settled a case on behalf of a Skokie bicyclist who was "doored" on June 26, 2012  in Skokie on Gross Point Road. The bicyclist suffered a severe laceration to his finger, an injury so severe that it required sutures and consultations by a hand surgeon. The bicyclist, a recent law school graduate who was studying for the Illinois bar exam and clerking at a law firm at the time of the collision, was without the full use of his hand while the finger healed. This obviously caused considerable pain and discomfort for the cyclist and budding attorney during his recuperation.

Despite the difficulties of an uncooperative insurance carrier, the case was ultimately settled by consistently presenting facts and legal analysis to the insurance company that showed the motorist was 100% in the wrong for opening the door of her vehicle into traffic. Under Section 11-1407 of the Illinois Rules of the Road a "dooring" occurs when a motorist violates the following statute:

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

Keating Law Offices has successfully represented numerous Illinois bicyclists throughout Chicagoland and the rest of Illinois who have been injured in a bicycle accident or bicycle crash while riding. If you have any questions regarding this post or an issue involving a bicycle accident or 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.

Skokie Bicyclist Doored Near North Shore Channel Trail

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a Skokie man who sustained a serious injury after being "doored" in a bicycle accident in Skokie. The bike accident occurred on the morning of June 26 while he was riding northbound on Gross Point Road. While riding northbound on Gross Point Road the bicyclist was doored by a driver. Under Section 11-1407 of the Illinois Rules of the Road a "dooring" is as follows:

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

In this motor vehicle vs. bicycle accident, the driver's side door of the motor vehicle impacted with the cyclist's right side of the handlebars, a classic occurrence when a driver opens their driver's side door without looking. The driver of the motor vehicle was required to only open her driver side door if it was reasonably safe.

As a result of the dooring, the cyclist suffered a severe gash on the middle finger of his right hand after the edge of the door lacerated the finger. The police officer who filed the report issued the driver who caused the bike accident a citation for "dooring."

Keating Law Offices has successfully represented numerous Illinois bicyclists who have been injured in a bicycle accident or bicycle crash while riding. If you have any questions regarding this post or an issue involving a bicycle accident or 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.

Judgment Entered for Bicyclist Doored by Cab on Halsted Street

The Illinois Bicycle Lawyers at Keating Law Offices have obtained a judgment for a Chicago-area bicyclist who was doored by a taxi cab in October of 2010. The bicycle accident occurred on Halsted Street near its intersection with Division in Chicago. Halsted Street has a bike lane on either side. The incident occurred as the bicyclist was traveling southbound in the bike lane on Halsted. The taxi cab initially passed the bicyclist on southbound Halsted and then pulled into a parallel parking spot in front of a cab stand. In spite of the fact the taxi cab just passed the bicyclist, the cab driver threw open the cab door just as the bicyclist went past. The bike accident occurred when the bicyclist had zero opportunity to stop or avoid the door and a collision occurred.

As a result of this "dooring," the bicyclist was thrown over her handlebars and landed face first on the street. This severe impact caused the bicyclist to suffer "road rash" to her face and knock a tooth loose. The tooth was ultimately replaced by an orthodontist. The impact also caused a nerve injury to the bicyclist's arm.

The attorneys at Keating Law Offices filed suit against the cab company and served them with the lawsuit. Despite several opportunties to enter the case, the cab company never did and the judge handling the case held them in default. A "prove-up" where the attorney and the injured bicyclist explained the injuries and expenses to the trial court was held and a judgment was entered in favor of the bicyclist.

The attorneys at Keating Law Offices have the trial experience to handle practically any case related to a bicycle crash or accident. 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.

Carol Marin Admits to Dooring Biker

Veteran Chicago journalist Carol Marin admitted in a Sun-Times editorial that she was guilty of dooring a biker in Chicago. This event came up in a May 22nd article in the paper about the varying levels of safety that exist in the City for motorists, bicyclists, and pedestrians and the number of accidents and crashes that occur in the City. The Sun-Times columnist and television personality recounted the dooring as follows:

"Full disclosure here: I was involved in (a bicycle crash) earlier this year when I opened my car door at Starbucks and a poor biker crashed into it. I am now glued to my side-view mirror."

Ms. Marin uses some very careful language here about being "involved" and the victim being "a poor biker" who "crashed into her door." Based on a plain-language reading of this, it might be equally fair to say that Ms. Marin caused a bicycle accident when she violated the Chicago Municipal Code and swung her door open directly into the path of an oncoming bicyclist who could not stop in time or avoid the door. Section 9-80-035 of the Chicago Municipal Code covers "doorings":

Opening and closing vehicle doors

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

Added Coun. J. 3-12-08, p. 22781, § 2

Ms. Marin doesn't mention if she got a ticket, but if she did this offense could result in a fine of $500.00 for causing a collision with a bicyclist. As Ms. Marin mentions in her article there were over 1600 reported collision between bicycles and cars in Chicago in 2010. And this is just the reported crashes. Ms. Marin certainly deserves credit for her candor and learning from her mistake. The journalist says she is now "glued to her side-view mirrror." Hopefully more motorists learn from their mistakes and from Ms. Marin's example and the City That Works can work for more bicyclists without bicycle accidents or bicycle crashes.

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. The firm provides free case evaluations with no obligation.

Chicago to Install Protected Bike Lane on Kinzie

View Larger MapThe City of Chicago has plans to install a cycle track on Kinzie between Milwaukee Avenue and Wells Street. A "Cycle Track" is essentially a dedicated bike lane that is separated from the main roadway and motor vehicles by a curb, a sidewalk, planter boxes or other kinds of physical dividers. The purpose of a "Cycle Track" is to allow bicycles to safely travel and to allow for all kinds of traffic to travel more fluidly.

Example of a cycle track:

This stretch on Kinzie between Milwaukee and Wells is mostly north of the Chicago River and will create a conduit between Milwaukee Avenue and the Loop. Milwaukee Avenue has a dedicated bike lane that sees considerable bicycle traffic on a daily basis. This cycle track will allow for the bicycle traffic off of Milwaukee to flow towards Wells Street which, in turn, goes into the Loop.

Interestingly, this cycle track is being built with federal funds that were originally granted to the Chicago Department of Transportation to build a cycle track on South Stony Island. Apparently, the change in location was made because of concerns that the cycle track on the South Side would not see enough bicycle traffic to justify the funds used. I previously put a post on the Stony Island bike lane on www.IllinoisBicycleLaw.com that you can find by clicking here.

However, regardless of the location of the cycle track, I am very pleased to see the City of Chicago once again being progressive in encouraging bicycle use and developing the infrastructure to make bicycle commuting more conducive. I am also encourage that these kinds of protected bike lanes will make bicycling safer in Chicago. As I've written about extensively on this blog, the number of incidents of "doorings" in Chicago have reached almost epidemic numbers as the number of bicyclists increase in the congested Loop and nearby neighborhoods.

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 . All initial consultations are confidential and free.

What's the Most Dangerous Stretch in Chicago for Getting Doored?

As detailed in previous posts, IDOT has not tracked "doorings" as "accidents" or "collisions" until the recent directive from Governor Quinn to do so. It will be years before we get more accurate statistical data as to where the "hot spots" are for "doorings" in Chicago. Please comment below on where you've been doored or where you think the most dangerous area is in Chicago. You can also email me at mkeating@keatinglegal.com 

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 . All initial consultations are confidential and free.