Tuesday, April 20, 2010

12-Year Old Chicago Boy Killed While Riding His Bike

12-year old Kelly Ryan of the 6000 block of West 64th Place on Chicago's Southwest Side was killed Sunday night while riding his bicycle. Kelly was killed in the crosswalk across 60th Street at its intersection with South Narrangansett Avenue.

Kelly was riding southbound on Narrangansett at the same time the driver of a Ford F-250 pickup truck was driving northbound. As Kelly entered the crosswalk the truck turned right onto eastbound 60th Street and struck Kelly on his bike. The motorist, Keith Kostush, 48, of the 6000 block of South Mobile Ave., was ticketed for failing to yield the right-of-way while turning right and for negligent driving.

The Chicago Municipal Code provides that drivers must use "due care" to avoid a collision with a bicyclist. This means that motorists must be particularly careful around bicyclists and pedestrians.

The Cook County Medical Examiner ruled the cause of Kelly's death as "accidental." However, this simply means that there was no criminal intent and this was not a homicide. There can be negligence in the absence of criminal intent. While the driver of the Ford truck probably did not intend for this collision to occur, the Chicago police obviously felt that the driver was negligent as he was ticketed for negligent driving.

As a civil matter, Kelly's family could pursue a wrongful death lawsuit against the driver of the pick-up truck. Keating Law Offices has represented many families in wrongful death lawsuits as well as many victims of bicycle vs. motor vehicle collisions. If you have any questions regarding this post or the applicable laws, please contact Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com.