Lawsuit Against Two Separate Drivers Settled Prior to Trial

The Illinois Bicycle Law Shield - Protecting Bicyclists

Keating Law Offices has successfully received two separate settlements on behalf of a cyclist who was injured after being struck by a car while waiting at a red light. The reason for two settlements was the fact that there were two cars involved in an intersection collision that caused one of the cars to careen off and strike the bicyclist. 

Naperville Bicyclist Victim Of Drivers' Poor Decisions

Just prior to the bike accident, the bicyclist was travelling on Mill Street and was stopped at a red light on Ogden Avenue, a main street that runs from Chicago through the western suburbs. While the bicyclist was stopped at the red light, the motor vehicle collision involving the two cars was unfolding in front of him. One driver was traveling west on Ogden Avenue and waiting for traffic to clear before making her left turn southbound onto Mill Street. At the same time a motorist driving a car eastbound was proceeding through the same intersection of Ogden and Mill.

The lawsuit first alleged that the motor vehicle collision occurred when the westbound driver from Ogden did not yield and turned in front of the eastbound driver. The lawsuit further alleged that the the eastbound driver did not reduce speed as it neared the intersection and did not stop prior to impact. In simple terms, the lawsuit alleged that the negligent actions of both drivers led to this car crash that sent the eastbound driver's car careening into the bicyclist.

Insurance Settlements For Bicycle Accidents

Settlements such as this are not uncommon. It is important to note that in filing a lawsuit against two drivers that there does not have to be a "50/50" situation where both motorists are equally at fault. In this instance, it was alleged that the left-turning motorist was primarily at fault. However, the oncoming motorist was at least partially responsible for not slowing as the car approached the intersection or otherwise having enough control of the vehicle to stop prior to impact. 

The left-turning westbound motorist was ticketed for failure to yield the right-of-way. The attorneys from Keating Law Offices attended the traffic court date to assist the bicyclist. The bicyclist, an experienced and successful competitive rider, was thrown from his bike and his head hit the curb after being struck by the careening vehicle.  Immediately after the bicycle accident, the bicyclist was taken by ambulance to the emergency room where he required additional treatment. The bicyclist also suffered dental injuries that required oral surgery.

Bicycle Crash Settlements Help Injured Bicyclists Move Forward

These two settlements allowed the injured bicyclist to be fully compensated for his medical bills, time lost from work, and also to receive a substantial amount of compensation for his pain and suffering from this crash. This lawsuit in the DuPage County Circuit Court was prolonged by the fact that the two insurance companies for each driver were "pointing their finger" at the other driver for who was responsible. While there was no argument that the bicyclist in any way did anything wrong, there were arguments as to how much each of the two drivers was liable and to what extent the bicyclist was injured. But by consistent advocacy on behalf of the bicyclist, the firm was able to make certain that the best interests of its client were taken care of in resolving this case.

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 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.

Keating Law Offices Files Lawsuit on Behalf of Chicago Bicyclist Sideswiped by CTA Bus

Western Avenue at Walton - Scene of bicycle accident involving a Chicago bicyclist and CTA bus.

The Illinois Bicycle Lawyers at Keating Law Offices have filed a lawsuit on behalf of an injured Chicago bicyclist against the Chicago Transit Authority (CTA) and one of its bus drivers. The lawsuit stems from a bicycle crash that occurred on the afternoon of July 18, 2014 near Chicago's Ukrainian Village neighborhood.

Prior to the crash, the bicyclist was riding southbound on North Western Avenue near its intersection with West Walton Street. At the same time, the driver of a CTA bus began passing the bicyclist on the left side of her bicycle. According to the report filed by the responding Chicago police officer, the bicycle rack on the front of the bus first clipped her handlebar and then the aluminum frame of the advertisement on the side of the CTA bus again "clipped" the handlebar a second time. According to the police report, the bicyclist was dragged along the bus before being able to push away from the bus. While she was able to keep from falling underneath the bus, she still crashed onto Western Avenue.

The CTA bus driver continued to drive southbound on North Western Avenue until a passenger alerted the bus driver about the alleged incident. According to reports, there are multiple witnesses to this collision. As a result of this injury, the bicyclist suffered a severe injury to her ulnar nerve near her elbow. This injury required a surgical repair that left the bicyclist with a permanent scar. The bicyclist also continues to suffer from decreased strength and dexterity in her hand and arm from the injury. In addition, the injured bicyclist suffered abrasions that left scars throughout her body.

The lawsuit alleges that the CTA, by and through its employee, was negligent for failing to meet certain laws and requirements related to the handling of a bus around a bicycle. The Illinois Vehicle Code states that a driver of a vehicle overtaking a bicycle traveling in the same direction shall pass to the left of that bicycle at a safe distance in order to safely clear said bicycle.  625 ILCS 5/11-703(a).

In addition, Section 9-36-010 of the Municipal Code of Chicago requires something known as the “3-Foot Rule.” That is, the operator of a motor vehicle (in this case a bus) that is overtaking a bicycle traveling in the same direction on a highway must leave a safe distance, but not less than 3 feet, when passing the bicycle. The motor vehicle must then maintain that distance until safely past the overtaken bicycle.

According to the lawsuit filed on January 29, 2015 in the Law Division of the Circuit Court of Cook County, the CTA bus driver allegedly failed to leave the safe distance of at least 3 feet between the bus and the victim bicyclist. The lawsuit also alleges that the driver of the CTA bus allegedly failed to safely clear the victim and her bicycle and these failures caused the bicyclist to lose her balance and fall into the side of the bus.

All Illinois drivers have a duty to keep a proper lookout for bicyclists or other vehicles upon said streets. If a driver were to fail to keep a proper lookout for a bicyclist and then struck said bicyclist, that driver would be liable for the injuries the bicyclist suffered. All Illinois drivers also have a duty to make sure that their vehicles move into a lane of traffic safely and that they exercise due care to avoid colliding with any person operating a bicycle. Bicyclists have a right to obtain compensation for injuries caused by a driver who does not exercise due care while operating his or her vehicle. 

"Denied" Lawsuit Settled for Chicago Bicyclist Injured in Bike Accident at Congested Grand - Halsted - Milwaukee Intersection

The Illinois Bicycle Lawyers at the Keating Law Offices have successfully settled a lawsuit for a Chicago bicyclist who was seriously injured in a collision with a motor vehicle at the six-cornered intersection of West Grand Avenue, North Halsted Street and North Milwaukee Avenue in Chicago. At this intersection, Grand Avenue runs east and west, Halsted Street runs north and south and Milwaukee Avenue cuts through at a 45 degree angle, running southeast and northwest.  This complicated intersection is often congested at all hours of the day with all kinds of traffic, including bicyclists who use the popular bike lane on Milwaukee Avenue. 

One late night in February of 2013, the bicyclist was headed westbound on Grand Avenue near the six-way intersection on his way home from work at a restaurant near Millenium Park. At the same time, the motorist, who was traveling eastbound on West Grand Avenue, attempted to make a left turn onto northbound North Halsted Street. The motorist cut directly in front of the bicyclist and the two collided in the intersection. This type of collision is known as a "left hook" crash. 

The bicyclist immediately experienced intense pain throughout his body and was later diagnosed with multiple injuries. Most significantly the bicyclist learned he had suffered a broken left leg. The motorist, despite the well lit intersection, claims not to have seen the bicyclist. After taking both parties’ statements and reviewing physical evidence at the crash scene, the responding Chicago police officer determined that the motorist was at fault for failing to yield to the bicyclist. 

Chicago law is clear on a motorist’s duty to yield the right of way when making a left turn across traffic. Section 11-902 of the Illinois Motor Vehicle Code states:

"The driver of a vehicle intending to turn to the left within an intersection . . . shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard."

In simple terms, even though both the bicyclist and motorist had a green light, since the motorist was attempting to make a left turn across the westbound lanes of traffic and the bicyclist was headed straight through the intersection, the bicyclist had the right of way.  The motorist should have yielded to the bicyclist and when she didn't, the crash occurred and the bicyclist was injured.

Furthermore, the Chicago Municipal Code also makes it clear that a motorist’s claim not to have seen a bicyclist is not a valid excuse. The Code specifically offers legal protection to the bicyclists by requiring motorists to utilize "due care" in driving around bicyclists. The requirement to exercise “due care” basically means that all motorists are required to operate their vehicles in a careful, reasonable and safe manner. This requirement varies case by case, depending on things such as traffic conditions, weather conditions and time of day. In this case, the “due care” requirement for a motorist driving through this particular six-way intersection late at night necessarily included the responsibility to look out for the numerous bicyclists that utilize Milwaukee Avenue's bike lane. 

The injured bicyclist came to the Illinois Bicycle Lawyers at the Keating Law Offices for legal advice. Despite the facts of the case and the early determination by the police officer, the claim had been initially denied by the insurance company and its lawyers. The insurance company argued that the motorist did nothing wrong and it was not her fault she couldn't see the bicyclist at night. 

However,  we felt that the argument was superficial at best. After filing a lawsuit and litigating the case, Attorneys Mike Keating and Joseph Vietri were able to settle the lawsuit and compensate the injured bicyclist for his medical bills, pain and suffering and loss of a normal life. “Loss of a normal life” is defined as “the temporary or permanent diminished ability to enjoy life,” and is a type of “damage” that can be compensated for under Illinois law. It “includes a person’s inability to pursue the pleasurable aspects of life.” 

Unfortunately for this bicyclist, his serious injuries greatly limited his daily life. An avid bicyclist and father to a young child, the bicyclist was unable to ride his bicycle or care for his young child for some time following the crash.

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.

IL Bicycle Lawyer Settles Case for North Side Bicyclist

The Illinois Bicycle Lawyer, Mike Keating, has settled a lawsuit on behalf of a North Side bicyclist who was "cut off" on Ridge Road by a motorist making a left-hand turn in front of the bicyclist.

This incident occurred on October 31, 2008. The bicyclist was traveling southbound on Ridge Boulevard near a Dominick's that was being renovated.The motorist was traveling northbound and made a quick left turn across the southbound lanes immediately in front of the bicyclist.

After making the turn in front of the bicyclist, the motorist then stopped her car so that the trunk was sticking out into traffic. It was impossible for the bicyclist to stop and she struck the rear of the car. This caused the bicyclist to be thrown off of her bicycle where she suffered a concussion, several patches of "road rash," and severe contusions. She was taken by ambulance to the hospital where she was medically evaluated and treated for her injuries.

The motorist had liability insurance that should have immediately provided compensation to the bicyclist. However, as is unfortunately often the case, the insurance company denied the claim under the theory that the bicyclist should have stopped prior to impact and the collision was the bicyclist's fault. Despite the fact that it would have been impossible to stop in time with any kind of bicycle and the bicyclist did not break any laws, the insurance company dug in their heels and went into what is known as "defense posture" meaning they refused to settle the case.

Attorney Mike Keating immediately filed a lawsuit on behalf of the bicyclist. In 2008 the Chicago Municipal Code was amended so that there were greater protections for bicyclists in the City of Chicago. One of the changes made it illegal to fail to yield the right-of-way to a bicycle approaching from the opposite direction while making a left-hand turn. (Section 9-16-020(e) of the Chicago Municipal Code). This lawsuit was one of the first in Chicago to specifically make a claim under this change to the Chicago Municipal Code.

After taking depositions of the motorist and the responding police officer and several rounds of negotiations with the attorney for the motorist that was hired by the insurance company, there was ultimately an offer to settle the case for the full amount of the motorist's insurance policy. In short, the insurance company went from claiming they were not responsible for making any payment to paying the entire amount of their insurance policy.

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.