Showing posts with label insurance settlement. Show all posts
Showing posts with label insurance settlement. Show all posts

Monday, October 23, 2023

Keating Law Obtains $500,000.00 Settlement for Injured Chicago Cyclist

In the fall of 2020 a Chicago bicyclist went on a ride on a path within a suburban nature area. As the bicyclist was riding along she struck a pole in the middle of the shared path and fell to the ground. The pole was not immediately visible because a sign that was on the pole had fallen off at some point leaving the pole difficult to notice against the trees in the background. The bicyclist suffered fractures to her face and her arm. Keating Law filed a case in the Circuit Court of Cook County and during discovery learned that the entity responsible for the path had no idea when or how the sign fell off and did not make an effort to fix it. 

Attorneys for the entity responsible for the path argued that they had no legal notice of the problem. They also argued that even though the sign fell off, the pole was still "open and obvious." They argued that because no one else had run into the sign, that they were not totally to blame and that the bicyclist should have noticed the pole even if it did not have the sign on it. 

The defense argued that the remaining pole was "open and obvious." The "open and obvious" defense is a common defense used by insurance defense attorneys to try and deflect blame from negligent property owners and deflect it onto injured people. This defense provides that a defendant has no duty to protect against a condition that is both open and obvious. The open and obvious doctrine can be a powerful defense if they can show the court that the defect really was both open and obvious to the bicyclist. 

Keating Law engaged in extensive litigation in the case and hired an expert human factors expert. A human factors expert is someone who can explain how it can be difficult for a person - in this case a bicyclist - to see objects. In this case the human factors expert was able to explain that a dark colored vertical pole amid a background of dark colored vertical trees would be essentially camouflauged and difficult for anyone to notice. After three years of litigation the matter was resolved in a mediation with a retired judge as a trial in the Circuit Court of Cook County was approaching. Prior to the mediation there was no offer at all to resolve the case. 

This settlement will allow the injured bicyclist funds to cover all of their medical treatment, cover their loss of a normal life during their recovery, and help them have a foundation to move forward with their life in the most positive way possible. This was a very deserving client and it was an honor to represent them during this difficult time. 

Thursday, September 22, 2016

Chicago Bicyclist Injured By Commercial Truck Driver Receives $75,000.00 Settlement

The Illinois Bicycle Lawyers at Keating Law Offices have settled a substantial personal injury claim of $75,000.00 on behalf of a bicyclist injured in 2014. The crash occurred when the bicyclist, an 18-year-old student, was riding his bicycle southbound in the designated bicycle lane on Halsted Street, approaching its intersection with Division Street. At the same time the driver of a commercial van erratically swerved into the bicycle lane and into the bicyclist’s path. The driver of the van illegally struck the bicycle by sideswiping him. The force of this collision forced the young man off his bike and as result he suffered a fractured wrist and lacerations to his scalp.

The Illinois Bicycle Lawyers at Keating Law Offices Serve Cyclists Throughout Chicago and the State of Illinois

This bicyclist’s injuries were so serious that an ambulance was called to the scene to evaluate him and transport him to Northwestern Memorial Hospital. The emergency medical technicians ordered x-rays which revealed a fracture of the ulnar styloid process. In addition, the emergency room physicians applied three surgical staples to address the lacerations to the bicyclist’s skull. Upon leaving the hospital this bicyclist knew he needed help and reached out to the Illinois Bicycle Lawyers at Keating Law Offices. Attorney Mike Keating aggressively pursued this young man’s claim and were able to recover a settlement of $75,000.00 for this injured Chicago bicyclist.

This is a substantial settlement for an injury that fortunately did not require surgery and the bicyclist's recovery was without any complications. The settlement was also reached without having to resort to filing a lawsuit and will fully compensate the young man and his family for his medical bills, time away from school and work, and his pain and suffering.

City of Chicago Laws Provide Protection to Bicyclists

In this case, the motorist violated a Chicago Municipal Code statute that protect bicyclists throughout the city. Section 9-40-060 of the Chicago Municipal Code states that:

“The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane.”
It was very important for the Illinois Bicycle Lawyers at Keating Law Offices to recover as much money as possible from the motorist’s insurance company based on the injuries to this rider’s wrist and lacerations to his skull and we are proud to have done so.

Contact Keating Law Offices at Any Time

If you have any questions regarding this post or have a question regarding personal injury law, please contact Keating Law Offices at 312-239-6787. 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.

The Leading Bicycle Accident Attorneys in Illinois

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. Keating Law Offices has successfully obtained compensation for hundreds of bicycle injury victims across Illinois. The firm's bicycle accident attorneys are always available to review your case with absolutely no risk or obligation to you. The firm's mission is to do everything possible to obtain you the maximum amount for the injuries you sustained. In the event that no recovery can be made for you, our legal services are absolutely free.

Monday, February 15, 2016

Chicago Bicyclist Received Insurance Settlement After SUV Driver Swerves Into Him

The Illinois Bicycle Lawyers at Keating Law Offices have settled a substantial personal injury claim of $50,000.00 on behalf of a bicyclist injured in the Gold Coast this summer. The crash occurred when the bicyclist was riding his bicycle eastbound on West Oak Street and approaching its intersection with North LaSalle Street. At the same time the driver of a luxury SUV erratically attempted to go around the car in front him and swerved directly into the bicyclist’s path. The motorist illegally struck the bicycle by sideswiping him. The force of this collision forced the bicyclists off his bike and as result he suffered a dislocated left shoulder.

The Illinois Bicycle Lawyers at Keating Law Offices Serve Cyclists Throughout Chicago and the State of Illinois

This bicyclist’s injuries were so severe that he was immediately transported via ambulance by Chicago Fire Department paramedics to Northwestern Memorial Hospital emergency room. The ambulance report showed that the bicyclist had a deformity to his left shoulder. An x-ray confirmed dislocation of the bicyclist’s left shoulder and he had to have his shoulder reset. Upon leaving Northwestern this bicyclist knew he needed help. He reached out to the Illinois Bicycle Lawyers at Keating Law Offices were able to recover a settlement of $50,000.00 for this injured Chicago bicyclist. This is a substantial settlement for an injury that fortunately did not require surgery and the bicyclist's recovery was without any complications. The settlement was also reached without having to resort to filing a lawsuit and will fully compensate the bicyclist for his medical bills, time off from work, and his pain and suffering.

City of Chicago Laws Provide Protection to Bicyclists

In this case, the motorist violated a Chicago Municipal Code statute that protect bicyclists throughout the city. Section 9-40-160 of the Chicago Municipal Code states that “every driver of a vehicle shall exercise due care to avoid colliding with …any person operating a bicycle…upon any roadway, and shall give warning by sounding the horn when necessary.” (See Section 9-40-160 of the Chicago Municipal Code.)

Without any warning or signal the motorist and his luxury SUV attempted to swerve around a vehicle directly in front of him to continue eastbound on West Oak Street. With no time for the bicyclist to react, he was violently struck from the side and injured. As a result of the crash, the bicyclist was thrown off his bicycle, injuring his left shoulder. It was very important for the Illinois Bicycle Lawyers at Keating Law Offices to recover as much money as possible from the motorist’s insurance company based on the injuries to this rider’s left shoulder and we are proud to have done so.

Contact Keating Law Offices At Any Time

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.

The Leading Bicycle Accident Attorneys in Illinois

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. Keating Law Offices has successfully obtained compensation for hundreds of bicycle injury victims across Illinois.  The firm's bicycle accident attorneys are always available to review your case with absolutely no risk or obligation to you. The firm's mission is to do everything possible to obtain you the maximum amount for the injuries you sustained. In the event that no recovery can be made for you, our legal services are absolutely free at all times. 

Friday, November 13, 2015

Denied Claim for Rockford Bicyclist Ultimately Results in $100,000.00 Settlement

Illinois Bicycle Law
In 2011 a Rockford bicyclist was out on a ride for exercise. A diagnosed diabetic, the bicyclist had used bicycling as a way to stay in shape and maintain his weight. Through proper diet and regular exercise from bicycling, the bicyclist's doctor said that his diabetes was "under control" and the bicyclist was a "model patient." However, his life took a drastic turn when he was struck by a car and suffered a nerve injury to his face. 

Failure to Stop At Stop Sign Leads to Collision

The crash occurred when the bicyclist approached the roadway from a bike path. There was a stop sign for bicycle traffic on the path and the bicyclist came to a complete stop. He rode into the intersection to continue onto the bike path and was struck by a car that made a quick lane change from across another lane in a last-second attempt to turn. The motorist later admitted he was late in realizing he wanted to make a turn and crashed into the bicyclist. 

Serious Injuries from Bicycle Crashes

The impact from the crash threw the bicyclist from his bike and he landed face first. The impact was so substantial that the bike helmet was completely destroyed. The impact of the helmet pushed into the bicyclist's upper face and caused a nerve injury to what is known as the trigeminal nerve. This nerve helps control function in the bottom, middle, and top of a person's face. It is a slow-healing injury that has an unknown recovery. 

The offending motorist, although accountable for his actions, was nonetheless responsible for violating numerous Rules of the Road. The responding police office cited the motorist for failing to yield the right-of-way to the bicyclist in the intersection. In addition, the motorist
violated Section 11-1003.1 of the Illinois Vehicle Code in causing the collision. Section 1003.1 requires that drivers of vehicles exercise due care to avoid colliding with any person operating a bicycle. (625 ILCS 5/11-1003.1).


Bicycle Accident Case

What seems like a "clear cut" case became complicated when the insurance adjuster handling the claim for the motorist's insurance company denied the claim. Her reason for denying the claim? She thought it was not possible that a bike helmet forced into a person's face could cause nerve damage. Her personal opinion (keep in mind the claims adjuster is not a doctor) was that the diabetes most likely caused the nerve injury even though there was nothing in the medical records to substantiate this "diagnosis." 

The Illinois Bicycle Lawyers at Keating Law Offices were forced to file a lawsuit in Winnebago County to protect the interests of the bicyclist. After two years of litigation the case finally settled after the bicyclist's doctor and the expert neurologist hired by our firm testified that the nerve injury was from the bike crash. The expert neurologist was even able to demonstrate how the point of injury was exactly aligned with where the helmet impacted the bicyclist's face in the crash. 

The case ultimately settled for $100,000.00 which represents the full amount of the motorist's insurance policy. This was also the very same amount that the injured bicyclist agreed to accept - before the insurance company forced him to file a lawsuit against their own insured. 

The case is another example of how when a crash happens and you are injured, even if it is not your fault, that does not mean the insurance company will look out for your best interest. The people handling your claim are claims adjusters, not claims payers. Their job is to do what they can to try and convince you to take less than you are owed. The insurance company will always do what it can to protect its own interest. But Keating Law Offices will always do what we can to make sure that every opportunity is given to injured bicyclists. We will do what we can to assist any bicyclist injured anywhere in Illinois at any time.

Illinois Bicycle 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.

Monday, July 20, 2015

Insurance Claim Settled for USAT Triathlete Injured In Left Hook

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

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

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

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

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Thursday, June 25, 2015

Insurance Claim for Bicyclist Hit By Motorist and Dragged 25-30 Feet Settled


The Illinois Bicycle Lawyers at Keating Law Offices have obtained a $105,000.00 settlement on behalf of a local woman who was injured in a bicycle vs. motor vehicle collision in July of 2013. The collision occurred at approximately 9:30 on the morning of July 2, 2013. 


The motorist was exiting a parking lot on East Algonquin Road in Rolling Meadows, Illinois. At the same time, the bicyclist was traveling westbound along the sidewalk separating the parking lot from East Algonquin Road. As the motorist made a right turn onto the eastbound lane of East Algonquin Road, he crashed into the bicyclist and her bicycle, dragging her and the bicycle under the car for approximately twenty-five to thirty feet before coming to a stop. 

Police investigators who came to the scene confirmed the distance that the bicyclist was dragged. Miraculously, the handlebars of the bicycle became lodged between the roadway and the undercarriage of the car and this kept the bicyclist from being crushed by the vehicle. Rolling Meadows Battalion Fire Chief Jeff Moxley reportedly said it initially appeared as though the bicyclist was pinned underneath the car when they arrived on the scene. 

The driver later plead guilty to failing the yield to the bicyclist. Illinois law requires motorists to yield to oncoming traffic when exiting a parking lot. Section 11-1205 of the Illinois Vehicle Code states:

"The driver of a vehicle emerging from an alley, building, private road or driveway within an urban area shall stop such vehicle immediately prior to driving into the sidewalk area extending across such alley, building, entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon, and shall yield the right-of-way to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway." (625 ILCS 5/11-1205)
While the bicycle crash was fortunately not as catastrophic as it appeared at the scene, the bicyclist still required extensive medical attention at Northwest Community Hospital and suffered from a prolonged period of pain and suffering and anxiety as a result of the crash. The settlement of $105,000.00 is considerable given the nature of the bicyclist's injuries. It reflects the very serious and traumatic physical and emotional nature of this bicycle crash where the bicyclist was dragged for 25-30 feet before the motorist came to a stop.

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 or Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.