Keating Law Offices Settles Case For Pedestrian Struck In Crosswalk for $600,000.00

Intersection of Burlington and Main Street in Downers Grove, Illinois

Attorney Michael S. Keating of Keating Law Offices, P.C. has obtained a $600,000.00 settlement for a Downers Grove woman who was struck in a crosswalk by a turning truck. The incident occurred on February 21, 2014 when the pedestrian was walking to her condominium in downtown Downers Grove after getting off the Metra train. It was a short walk that the regular commuter had done hundreds of times before.

As she was crossing Main Street in the crosswalk, an electrician driving his company's work truck, ran over the pedestrian. At the time of the collision the "Walk" light was lit and she was crossing at the same time as other pedestrians. The truck was traveling westbound on Burlington and made a left-hand turn onto southbound Main Street that required the truck to cross over the Main Street crosswalk. As a result of the impact, the pedestrian was trapped underneath the truck and dragged along the roadway before the driver realized he had hit someone and stopped. The driver of the truck admitted to police that he "did not see" the pedestrian.

The Downers Grove Police Department cited the driver for his failure to yield to the pedestrian. Multiple provisions of the Illinois Vehicle Code require motorists to yield to pedestrians within crosswalks. Section 5/11-1002(e) states in part,

“Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.” 

Section 11-904(b) of the Illinois Vehicle Code also requires drivers approaching a stop sign to come to a complete stop before entering a crosswalk at an intersection and to yield to the right-of-way. Attorney Michael S. Keating attended traffic court with the injured pedestrian and when faced with a credible victim who was severely injured the motorist ultimately chose to plead guilty to the ticket.

The pedestrian suffered severe injuries to her face that required reconstructive surgery and resulted in substantial scarring and other injuries that affect not only her appearance but the sensation and functioning of her facial structure. During the course of investigating the claim, it was learned that the driver of the electrical vehicle was insured with two separate insurance policies that combined for a total of $600,000.00. The insurance companies, however, disputed the extent of the pedestrian's injuries and questioned the precise facts of the collision. After over a year of negotiations, Attorney Keating was able to get the insurance companies to pay the full amount of their insurance policies without a lawsuit.

Keating Law Offices is committed to representing all vulnerable users of the roadway including pedestrians and bicyclists. The firm strongly believes in the importance of safe and accessible roadways for commuters of all types utilizing the roadway. This was an optimal result for a wonderful client who was tragically injured when the driver chose to make an aggressive turn across a crosswalk rather than wait for pedestrians to clear the intersection. This accident that resulted in severe injuries could have been avoided if the driver had simply kept a proper lookout and waited to turn until all vehicles and pedestrians were out of the roadway.

Claim Settled for Divvy Rider Doored By Pizza Delivery Driver

Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri have reached a settlement on behalf of a Divvy bicyclist who was injured when she was doored by a pizza delivery driver.

The dooring happened on September 11, 2013 as the bicyclist was riding southbound on Clinton Street in the marked bike lane. The driver was returning to a nearby pizza restaurant after making a delivery run and had parked along the curb at 310 South Clinton Street.

As the Divvy bicyclist approached the parked vehicle the driver suddenly opened the driver's door directly into the bicyclist's hand on the right handle bar of the Divvy bike. The impact crushed the bicyclist's right hand between the vehicle door and the handle bar. The impact then caused the Divvy bicyclist to be thrown from the Divvy bike to the pavement. The Divvy bike then landed on top of the bicyclist. The bicyclist immediately sought medical treatment for injuries to her right hand and left shoulder.

The responding Chicago Police Officer issued the driver a traffic citation for violating Section 11-1407 of the Illinois Vehicle Code. Section 11-1407 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). As evidenced by the collision and resulting injuries, it was clearly unsafe for the driver to open his vehicle door into the bike lane without first looking for oncoming bicycle traffic.

The Illinois Bicycle Lawyers filed a claim with the driver's insurance carrier to compensate the injured Divvy bicyclist for her injuries, medical bills, loss of a normal life and pain and suffering. After weeks of negotiation, the settlement secured by the Illinois Bicycle Lawyers amounted to four times (400%) of the medical bills incurred by the injured Divvy bicyclist.

Keating Law Offfices Settles Case For Bicycle Commuter Injured In Harvey for $550,000.00

The Illinois Bicycle Lawyers of Keating Law Offices have reached a settlement in excess of half a million dollars on behalf of a Chicago bicyclist struck by a school bus in Harvey, Illinois on December 9, 2011. At the time of the bicycle accident, the bicyclist lived in Chicago and worked at a school in Harvey. Her typical commute involved riding her collapsible bicycle to the Metra station in Chicago, taking the Metra to the station near Harvey, and then riding the bicycle to her school. She was a committed bicyclist who rode in all weather year round.

On the day of the collision, the bicyclist was taking her usual route back to the Metra station and rode north on Wallace Street towards  147th Street. Because there was not a designated bicycle lane, the bicyclist was appropriately riding on the right edge of the traffic lane in accordance with the Illinois Rules of the Road. At the same time, the bus driver was about to exit a school parking lot and turn left onto southbound Wallace Street. This path of the bus required the bus driver to cut across the bicyclist's lane of traffic. As the bus driver exited the school's private driveway, the driver claims his vision was obstructed by the sun and this limited his ability to see the bicyclist. As a result, the bus driver did not yield to the oncoming bicyclist, entered the roadway, and struck the bicyclist's right knee with the front bumper of the school bus. This threw the bicyclist to the ground and towards the center of Wallace Street. 

The Harvey Police Department responded to the scene and found the victim of the collision laying in the middle of the street. The victim was soon transported to the emergency room in an ambulance. An initial evaluation revealed that the victim suffered a badly fractured tibial plateau, which is the top of her shin bone, and other injuries. The bicyclist's tibial fracture required reconstructive surgery and a lengthy period of rehabilitation.

The Harvey Police Officer who responded to the scene conducted an investigation and issued a citation to the bus driver under 625 ILCS 5/11-906. This statute states,"The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered." Bicycles qualify as "vehicles" under the Illinois Rules of the Road according to 625 ILCS 5/11-1502. The Illinois Bicycle Lawyers of Keating Law Offices relied upon the failure to yield statute  as well as the general common law duty to keep a proper lookout in advocating on behalf of the victim. It was later learned during the investigation of the case that the bus driver was fired from his job for his part in this unfortunate collision and a series of other problems at his job. 

Despite this unfortunate past history, the attorneys for the bus company raised several defenses, including that the victim was on the wrong part of the road at the time of the collision and that it was not their fault that the sun obstructed the bus driver's ability to see the bicyclist. With respect to the bus driver's argument that the victim was riding in the private drive at the time of the collision, the Illinois Bicycle Lawyers referenced the victim's testimony, the responding officer's testimony, and the bus driver's own testimony to prove that the bus driver had in fact entered the roadway by the time the collision occurred. 

In response to the argument that the bus driver's vision was obstructed, the Illinois Bicycle Lawyers relied upon a series of Illinois legal cases which establish that an individual cannot escape a claim of negligence by stating that he did not see something he should have observed if he was exercising ordinary care. In addition, we analogized the driver's argument to an Illinois case which states that it is negligence as a matter of law to proceed when blinded by the headlights of an oncoming vehicle. In essence, we established that there is no excuse under Illinois law for failing to yield to the right-of-way due to obstructed vision. Drivers are required to use an alternate route, seek assistance from others, or find any other method to overcome their inability to clearly see the roadway they intend to enter. 

In reaching such a high settlement amount, the Illinois Bicycle Lawyers emphasized the victim's significant medical expenses, lost wages, permanent disability, significant pain and suffering, and loss of a normal life. In addition, we hired an orthopedic surgeon who is a national leader in knee injuries to examine our client and review her medical records to determine the severity of her injuries. This expert physician helped establish the cost of future surgical operations and medical treatment the victim will almost certainly require. 

The Illinois Bicycle Attorneys at Keating Law Offices are national leaders in the field of bicycle-related claims and lawsuits. The firm is currently litigating more bicycle related cases in courtrooms in Illinois than any other law firm in the state. In the process we  have reached numerous successful results on behalf of injured bicyclists. This settlement is one of the largest personal injury settlements ever in Illinois for injuries stemming from a bicycle accident that did not result in death or paralysis.

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

Logan Square Bicyclist's Case Settled for Insurance Policy Limits

Keating Law Offices has secured a settlement for a Chicago bicyclist who was injured after being struck by a car in the Logan Square neighborhood on July 6, 2011. The collision occurred near the intersection of Wrightwood and Pulaski.  The bicyclist was riding eastbound on Wrightwood when he was hit from behind by a motor vehicle.  As a result of the collision, the cyclist was thrown to the ground and suffered severe injuries, most significantly a broken arm that required an open reduction internal fixation surgery where a plate and screws were implanted in his arm.  

As soon as Keating Law Offices was retained the firm immediately began to investigate and prepare our client’s case. Our attorneys assisted our client in his appearance at traffic court where, faced with a prepared client, the offending motorist plead guilty to the traffic ticket she received. The motorist plead guilty to violating Section 9-40-160 of the Chicago Municipal Code, which states that “every driver shall exercise due care to avoid colliding with any pedestrian or person operating a bicycle.”  Our attorneys were then able to use this plea as part of our pre-trial negotiation strategy and managed to obtain a successful settlement for the cyclist.  In this case, the insurance company paid out the entire limits of the motorist’s insurance policy.

Although the attorneys at Keating Law Offices were able to negotiate a successful settlement for our client, this case is a sobering reminder of the dangers facing Chicago’s bicyclists.  After hitting the cyclist, the driver of the car told the responding officer that she simply “did not see him.”  This should serve as a powerful warning for motorists and bicyclists alike.  Motorists must “think bike,” and always keep an eye out for cyclists.  Bicyclists should use lights and refelctors and even use protective equipment to minimize the risk of injuries in a collision.  

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.

Case Settled for Bicyclist Forced Onto North Ave. Sidewalk

Keating Law Offices has settled a case for a bicyclist that was struck by a car while riding across the crosswalk on North Avenue at the on-ramp to I-90/94. While adult bicyclists are typically expected to ride on the roadway, in this instance the bicyclist had no reasonable choice but to ride on the sidewalk. North Avenue at that juncture has no shoulder and the supports for the overpass are immediately against the roadway. There is often not room for two passing cars, let alone a bicyclist as well.

The insurance company for the driver initially argued that the bicyclist should not have been in the crosswalk and should have been in the roadway. However, the attorneys at Keating Law Offices were ultimately able to convince the company this was a unique situation and the motorist was primarily at fault.

On July 13, 2010 at approximately 9:25pm, the bicyclist was riding westbound on North Avenue in the marked crosswalk at the Interstate 90-94 on-ramp. The “walk” signal was illuminated at the time. As many riders in Chicago know, it is the custom and practice of bicyclists in Chicago to use the sidewalk along North Avenue and the expressway’s overpass due to the extreme congestion at that location from the narrow roadways and lack of shoulders or curbs.

Section 111-1007(c) of the Illinois Motor Vehicle Code actually addresses this exact situation. The statute specifically states:

“A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk shall have all the rights and duties applicable to a pedestrian under the same circumstances.” See 625 ILCS 5/111-1007(c).

The argument that in this instance the bicyclist was essentially a pedestrian, and not a bicyclist in the wrong place at the wrong time, led to a successful result. A financial recovery was then able to be made for the injured bicyclist. This case illustrates that "no two cases are the same" and that litigation often requires not only experience but some creative arguments as well.

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.

Insurance Co. Pays $50,000 Policy Limit to Bicyclist After Denying Claim

Keating Law Offices has secured another personal injury settlement for a Chicago, Illinois bicyclist whose case was originally denied by the driver's insurance company. A denial of liability is a position by an insurance company that, while there may have been an incident resulting in an injury, their insured driver was not responsible and therefore the insurance company does not have to provide insurance coverage.

Upon notice of the denial of liability, Keating Law Offices filed a Complaint at Law against the driver, a former police officer, in the Circuit Court of Cook County. The firm immediately began preparing the case for trial. Throughout the case, the attorneys at Keating Law Offices were able to discover and present evidence that showed that the collision was the driver's fault. This was critical as the insurance company and its attorneys initially argued that the bicyclist should have "watched where she was going" and was intoxicated at the time of the collision.

The collision occurred at the intersection of California and Fullerton. Prior to the collision the motorist was traveling eastbound on Fullerton and turning northbound onto California. The bicyclist was traveling westbound on Fullerton across California. The collision occurred when the motorist did a "left-hook" and turned left immediately in front of the bicyclist.

Based on these facts, the attorneys at Keating Law Offices successfully argued that under the Chicago Municipal Code and the Illinois Rules of the Road that the motorist should have yielded to the bicyclist and only turned when it was safe to do so. Moreover, the firm and its client were able to demonstrate that while the bicyclist drank at a Memorial Day picnic that afternoon that she was not intoxicated. Ultimately, the insurance company and its attorneys were forced to conclude that their initial position was wrong and that the injured bicyclist had a valid and meritorious claim.

In this latest case, the insurance company for the driver paid the bicyclist the entire $50,000.00 of its policy limits. Attorney Mike Keating of Keating Law Offices said:

"Given the history of the insurance company denying this claim completely from the onset, this was a particularly positive result. Being able to recover every penny of the insurance policy in the case shows the insurance companies that this firm and its clients will not be intimidated by aggressive tactics like denying legitimate claims."

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 Reaches Settlement in Arlington Heights Bicycle Collision

Keating Law Offices has secured a settlement for an Arlington Heights man who was struck on his bicycle by a teen-aged driver on April 23, 2011. The attorneys at Keating Law Offices were able to comprehensively investigate the bicyclist's claim and present overwhelming evidence and legal analysis to the insurance company prior to filing a lawsuit. Faced with such a challenge, the insurance company for the teenage driver offered a large enough settlement that the injured bicyclist was able to choose to avoid the legal system.

At the time of the collision, the injured bicyclist was riding his bicycle near the intersection of Dunton Avenue and Oakton Street in Arlington Heights, Illinois. The evidence in the case showed that the driver failed to meet her legal duties under the Illinois Rules of the Road to yield to the bicyclist as he traveled on his bicycle, to keep a proper lookout, and to exercise due care to prevent striking the bicyclist.

As a result of the collision, the bicyclist sustained bruising to his stomach, neck and back. Most significantly, the bicyclist was diagnosed with a concussion. For years insurance companies have argued that concussions were not serious, but advances in science and medicine in recent years have shown that there is no such thing as a "minor" traumatic brain injury. Keating Law Offices takes a hard stance in cases involving collisions and refuse to accept insurance companies' arguments that concussions are not serious.

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.

Case for Injured Bicycle Commuter Settled During Trial

Keating Law Offices successfully resolved a fiercely contested case stemming from a motor vehicle vs. bicycle collision that occurred on June 13, 2007 in Glendale Heights, IL. The collision occurred at the intersection of southbound Glendale Heights Road and Armitage Avenue in the western suburb. The collision occurred when the defendant motorist allegedly failed to yield the right-of-way and made a left-hand turn with his motor vehicle in front of the bicyclist. This is known as a “left hook” collision.

As a result of this collision the plaintiff, a regular bicycle commuter from his job in Schaumburg to his home in Glen Ellyn, sustained a fracture in his right shin, a fracture of his left arm/shoulder, and fractures in his right hand. These injuries resulted in substantial medical expenses, pain and suffering, disability, lost wages and property damage.

The injured bicyclist attempted to resolve the matter with the motorist's insurance company on his own. However, the insurance company refused to settle the case and argued that the bicyclist was at fault for not stopping in time.

The Illinois bicycle attorneys at Keating Law Offices filed a complaint at law on the bicyclist's behalf and litigated the case. Over two years of litigation, the attorneys for the driver's insurance company refused to admit that the motorist was primarily responsible for the collision and even hired an expert accident reconstructionist to argue at trial that the bicyclist's version of events was not possible. Despite this, a settlement was reached during trial to settle the case in favor of the bicyclist.

If you have been injured in a bicycle accident or collision in Illinois, it is important to consult with an attorney. Keating Law Offices offers free, no obligation consultations to injured cyclists. 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.

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.