What Can Be Done To Reduce Bicycle Crashes in Illinois?

Attorney Michael Keating of Keating Law Offices being interviewed by FOX Chicago.

Last Friday, Attorney Michael S. Keating of the Illinois Bicycle Lawyers at Keating Law Offices was interviewed by FOX News Chicago regarding new video technology that can record a bicycle crash in real time. The thrust of the segment was whether technology like this could help bicyclists by keeping motorists (and bicyclists) accountable because they know of the possible presence of video surveillance. In the segment, Attorney Keating noted that a video of a collision could be very beneficial in proving in court who caused a bicycle accident. Keating noted that in most cases where there isn't an independent witness, there is the bicyclist's version of events and the motorist's version of events. The possibility of video footage, especially in cases involving a hit and run,would increase the chances that the offender could be held accountable.

As technology advances and the financial costs associated with it decrease, there will soon be a day where a camera strapped to a bicycle is very commonplace. While this will greatly assist law enforcement agencies and attorneys that litigate bicycle crashes, the threat of video surveillance alone may not have a direct effect on reducing the number of bicycle crashes. After all, most bicycle accidents occur when a motorist makes some unintentional mistake. Unlike a criminal action where a criminal intends to harm another person, most bicycle accidents stem from a "human error," not some malicious intent.

In fact, far too often the refrain from a motorist who hits a bicyclist is "I didn't even see" the bicyclist. This raises the questions of what CAN be done to reduce the number of bicycle crashes in Illinois? Yesterday we posted a lengthy post on the Governors Highway Safety Association's excellent report on the growing number of fatalities nationwide that stem from bicycle accidents. Between 2010 and 2012 the study found that nationwide there was a 16% increase in the number of fatal bicycle crashes.

The report of the GHSA concluded that the following actions, in their professional opinion, would reduce the number of collisions and injuries:

• Implementation or amendment of existing bicycle-related laws and enforcement of those laws;
• Increased education of both motorists and bicyclists;
• Increased and improved bicycle infrastructure and road sharing;
• Efforts to increase use of helmets and the visibility of bicycles and bicyclists;
• Reduce speeds of motor vehicles;
• Reduce drunk bicycling.

As bicycle attorneys in Illinois, we see first hand the devastation that can occur when a bicyclist is involved in a collision with a motor vehicle. We applaud the efforts of the GHSA to give due attention to the very real issues surrounding safe bicycling. The findings of this will ideal serve as crucial information available to legislators to help increase these efforts.

In particular, federal funding that can lead to increased bicycle infrastructure would create roadways and bike lanes that would permanently be more conducive to safe bicycling. Particularly in congested urban areas, the presence of protected or buffered bike lanes can create a "safe zone" between bicycles and motor vehicles that would lead to fewer bicycle collisions. With more funding for these initiatives, the goal of safer bicycling could become a reality.

Keating Law Offices Sponsors Evanston's "Pedal Bright" Bike Light Giveaway and Installation Event

The Illinois Bicycle Law Shield

On the Eve of Halloween (tonight, October 30th) Keating Law Offices is sponsoring the City of Evanston's “Pedal Bright” Bike Light Giveaway and Installation event. The goal of the event is to
provide bicycle safety information and help cyclists increase the visibility of their bikes with bicycle lights.

Teams of volunteers will install 400 free bicycle lights, distribute city bike maps, and provide a quick tutorial on the rules of the road for bicyclists. Bicycle lights will be installed on Thursday, October 30, from 4:30 p.m. until 6:30 p.m., at two Evanston locations:

• The Robert Crown Center located 1701 Main Street; and 
• The Weber Arch at Northwestern University located at Chicago Avenue and Sheridan Road.

Illinois law requires that every bicycle ridden at night time be equipped with 1) a front light capable of emitting a white light visible from a distance of at least 500 feet, and 2) A red reflector on the rear visible from 100 to 600 feet. A lamp emitting a red light visible from a distance of 500 feet to the rear may also be used in addition to a red reflector according to the law.

The sponsors of the event are the City of Evanston, Northwestern University, the Evanston Bike Club, Wheel & Sprocket, Downtown Evanston, Active Transportation Alliance, Roycemore School and The Illinois Bicycle Lawyers at Keating Law Offices.

Attorney Michael Keating said the following about the event:

"I'm very proud to support the City of Evanston's "Pedal Bright" event. I lived in Evanston for years and am excited about this opportunity. This event will give us the opportunity to promote safe bicycling in Evanston. The use of bike lights not only make riding more fun because of better visibility but greatly increases the visibility of the bicyclist. It's also important that people know that it is the law in Illinois to use bike lights."

Beyond the Numbers: IL One of the States With the Most Deaths While Bicycling. But why?

The Governors Highway Safety Association (GHSA) is a non-profit group made up of representatives from each state to collectively work for national security goals. The GHSA has its roots in the Federal State and Community Highway Safety Grant Program. This program, commonly known as "Section 402" because of the section of the United States Code it is listed under, provide the federal guidelines required for states that receive Federal funding for their highways.

Typically the efforts of the GHSA delve into issues only involving motorists such as speed limits, teenage driving, drunken driving, and enforcement of motor vehicle laws. However, the GHSA also addresses issues involving pedestrian and bicyclist safety. The GHSA has issued a new report, the "Spotlight on Highway Safety - Bicyclist Safety" which can be found in its entirety by clicking the link.

Many news outlets in Illinois have discussed the fact that Illinois had the 5th highest number of bicycle fatalities in the United States. This is an alarming statistic on its face when you consider that Illinois is cold for several months out of the year and states on the West Coast, the Southwest, Gulf Coast and the Southern states all have climates that are conducive to cycling year round.

However, as Jim Merrill of the Active Transportation Alliance noted to the Chicago Sun-Times, this statistic does not necessarily mean that Illinois is the "fifth worst" state for bicycling. Jim stated the following about how to best interpret these statistics:

“The urge to say Illinois is the fifth worst state in terms of fatal bike crashes should be taken with a grain of salt. When you break those numbers down by the number of people biking [as a whole], we’re more in the middle of the pack.”

In the Sun-Times article, the statistical basis for Jim Merrell's position was broken down. In Chicago an average of 125,000 people ride a bike every single day. This sheer volume of bicyclists leads to the very unfortunate statistical probability that there could be more deaths by bicycle. Since 2000, the number of daily bicyclists in Chicago has tripled. 

Attorney Mike Keating of the Illinois-based law firm Keating Law Offices, P.C. that focuses its practices on representing bicyclists, stated in addition to the volume of riders, the density of the populations tend to correlate with the number of deaths of bicylists. The study noted that in 1975 only half (50%) of all bicycle fatalities were in urban areas, by 2012 more than two-thirds (69%) of bicyclist fatalities occurred in urban areas.

Attorney Keating stated as follows,"

"The top five states for bicyclist fatalities were California, Florida, Texas, New York, and Illinois. Outside of the fact each of those states have a strong bicycling culture, the other commonality between these states is that they boast large urban areas and college campuses where bicycling is a key factor in commuting. The density of an urban area - and the congestion that comes with it - creates traffic patterns and leads to motorist behavior that would suggest potentially dangerous conditions for many bicyclists."

Since 2010, California has experienced 338 bicycling fatalities, followed by 329 in Florida, 143 in Texas, 138 in New York, and 80 in Illinois. The tops six states accounted for 54% of ALL fatal bicycle accidents nationwide. In addition, the study found that there has been a 16% increase in the number of bicyclists killed in crashes with motor vehicles between 2010 and 2012. In fact, the total number nationwide went from 621 to over a hundred more in 2012 with 722 fatal bicycle crashes.

Other statistics that the study noted were:

• Age Matters: In 1975 21% bicyclist fatalities were of riders age 20 and over. The remainder were teenagers of children. By 2012 this number had climbed to 84% of bicyclist fatalities by riders that were age 20 or older. 
• Drunk Riding: A staggering 1 in 4 (25%) of all adult bicyclists killed in a crash in 2012 were impaired by alcohol.
• Helmets Save Lives: More than two thirds of all bicyclists killed in a bicycle accident in 2012 were not wearing a helmet at the time of the crash. The study concluded that the lack of a national helmet standard is an impediment towards reducing the number of bicycle fatalities. 

Victim of Left-Hook Bicycle Crash Receives Insurance Settlement

The Illinois Bicycle Attorneys at Keating Law Offices secured a substantial insurance settlement for a bicyclist who was the victim of a bicycle accident in west suburban Downers Grove in DuPage County. The crash occurred when the bicyclist was riding his bicycle along the curb eastbound on 55th Street through its intersection with Washington Street. The motorist made an illegal left turn from westbound 55th Street onto southbound Washington Street, failing to yield and instead unfortunately striking the bicyclist.

The motorist had a duty to yield the right of way prior to the crash. This failure to yield was a clear violation of the Illinois Rules of the Road. Section 11-902 of the Rules of the Road states, that “the driver of a vehicle intending to turn to the left within an intersection” is required to yield the right-of-way to any bicyclist approaching from the opposite direction “which is so close as to constitute an immediate hazard.” In plain English, this means that if a vehicle (motor or bicycle) is approaching, that a vehicle turning left from the opposite direction MUST yield the right of way until the oncoming vehicle has cleared the intersection.

As a result of this crash the bicyclist was ejected from his bike and landed on the hood of the motorist’s vehicle before being thrown head first onto the pavement. Upon impact, his helmet was shattered, and he suffered excruciating pain in his left shoulder, right knee, and back. Overall, the motorist’s failure to yield the right-of-way resulted in the bicyclist sustaining serious injuries, requiring extensive medical treatment and physical therapy, incurring lost wages, enduring considerable pain and suffering, as well as a loss of a normal life.

As we have mentioned in previous blog posts, “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.” As a result of the motorist’s failure to yield the right-of-way, the bicyclist suffered very significant loss of a normal life. He could not return to work and was unable to complete even routine activities, such as sleeping, without feeling significant pain and discomfort.

Because of the bicyclist’s loss of a normal life, loss of wages, and severe injuries, he rightfully received a settlement for his medical expenses, as well as receiving just compensation for the property damage to his bicycle, helmet, equipment, and gear.

Hit-and-Run Motorist Caught After Leaving Bicyclist With Head Gash

Chicago Bike Flag

A Chicago bicyclist was severely injured when she was struck by a motorist who then fled the scene. The bicycle accident occurred on Union Avenue and Roosevelt Road which is immediately adjacent to the Dan Ryan Expressway and next to the University of Illinois at Chicago campus. The bicyclist was riding eastbound on Roosevelt Road in the bike lane when the motorist cut her off to make a right-hand turn onto Union Avenue. The bicyclist could not avoid the car and she was hurled to the pavement.

The motorist then continued making the right turn onto Union, fleeing from the scene of the bicycle accident. Fortunately, a  witness was able to make note of the license plate and the Chicago Police Department were able to locate the vehicle and issue a police report. This was a bit of "good luck" in an incredible unfortunate situation. If not for the witness, the chances of locating the offending driver would have been much, much lower.

This type of bicycle crash is what is known as a "right-hook crash." Chicago law explicitly prohibits “right hooks” by turning vehicles. Section 9-16-020 of the Municipal Code of Chicago specifically addresses “right hooks.” The ordinance states:

“When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.”

Because of the motorist’s “right hook,” the bicyclist suffered a severe gash to the left side of her head, bruising on her side, and scrapes on her elbow. The head wound required the bicyclist to receive medical staples in order to close the wound.

The Illinois Bicycle Lawyers at Keating Law Offices have already begun legal action against the motorist and the motorist’s insurance company on behalf of the injured bicyclist. Keating Law Offices is the premiere law firm in Illinois that represents bicyclists injured in a collision with a motor vehicle. If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (24/7) 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.

Chicago Police Issue Photo of White Volvo 660 Semi-Truck Involved in Hit-and-Run of Bicyclist

White Volvo 660 Semi-Truck Involved in 10/7/2014 Hit-and-Run of a Chicago Bicyclist

The Chicago Police Department have issued a new photograph as a part of the hunt for the driver of a white Volvo 660 Semi-Truck that was involved in a hit-and-run of a bicyclist. A crucial identifying characteristic of this Semi-Truck is the severe damage to the roof of the truck on the passenger side.

Photograph highlighting damage to roof of Semi-Truck

The driver of the truck has been described as a white man, approximately 30 years old, with a "slender-to-medium" build. The driver has blond hair and a short, "clean-cut" beard according to the Chicago Tribune.

The Chicago bicyclist is a 47-year-old who was riding in the 3600 block of South Ashland Avenue around 4:25 p.m. in the afternoon on October 7th when the collision occurred. The truck was traveling southbound on Ashland when the driver of the truck hit the bicyclist. The driver of the truck then fled the scene of the crash. The bicyclist remains in critical condition as a result of injuries sustained in the crash.

In addition to potential traffic citations, the driver of the truck potentially faces felony charges for leaving the scene of an accident and misdemeanor charges for failing to render aid as well as failing to reduce speed to avoid a collision.

Anyone with information was asked to contact the Chicago Police Department's Major Accident Investigation Unit at (312) 745-4521. Below is an additional photograph of the truck taken from surveillance footage approximately four minutes prior to the subject crash. Note that the Semi-Truck's roof is not damaged on the driver's side, but has substantial damage on the passenger side.

Surveillance Footage of truck involved in hit-and-run collision that critically injured a Chicago bicyclist.