75-Year Old Cyclist Killed in Crash with Driver of Motor Vehicle in Cicero

75-year-old cyclist, Efren Avitia, was killed in a crash in near west suburban Cicero on Friday, November 13, 2020. According to a Chicago Sun-Times article, the victim was struck by a vehicle when he was biking near 31st Street and Austin Boulevard at about 10:00 a.m. The victim was transported via ambulance from the scene of the crash to Northwestern Memorial Hospital where he was pronounced dead early Saturday morning.

An autopsy of the victim found that the person died of multiple blunt force injuries and the death was ruled an "accident." The use of the term "accident" is one chosen by law enforcement and only means that the crash was not caused intentionally. The term "accident" in this context does not mean that the crash was determined to be unavoidable. "Accident" in this context is also meant to be distinguishable from "intentional" which is when the driver purposefully causes the crash. 

While details about this crash are otherwise limited, based on the facts available it seems to be a case where the Illinois Vehicle Code would still provide protection for the cyclist. Section 11-1003.1 states:

“[E]very driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary . . . .”

The key component of Section 11-1003.1 of the Illinois Vehicle Code is the “due care” clause. Under the law, "due care" means the "care that an ordinarily reasonable and prudent person would use under the same or similar circumstances." In other words, cutting off bicyclists, making left-hand turns in front of bicyclists, tailgating bicyclists, etc. are actions far from "due care." Motorists not only should give bicyclists respect, but they are required to give respect as it is what the legal notion of "due care" requires. The driver involved in this collision should have exercised all reasonable precautions to avoid crashing into Mr. Avitia and causing this horrendous result.

Our thoughts and prayers are with the victim of this crash as well as their family and friends.

Aurora Police Request Help in Identifying Driver in a Fatal Hit-and-Run

Another Chicago-area bicyclist has lost their life in a hit-and-run crash. On November 14th, 27-year-old Dragomir Misic was struck in a fatal hit-and-run collision in west suburban Aurora. The bicyclist was riding near the intersection of Montgomery Road and White Eagle Drive around 7:30 p.m. The driver then fled the scene. Aurora Police are asking for the public’s help regarding any information about the crash. 

If anyone knows any information about the collision, you are encouraged to call the Aurora Police Department at 630-256-5330 or the Aurora Area Crime Stoppers at 630-892-1000.

Key Steps To Follow If A Victim Of A Hit-and-Run

Based on the facts reported, the driver involved in this bicycle crash violated many of the Illinois Rules of the Road. The fear of knowing they were in the wrong is the motivation behind many drivers fleeing. Regrettably, hit-and-run collisions are a reality and it is important to protect yourself in such a scenario, especially if you are a bicyclist. Bicycle accidents are very sensitive and often more challenging than cases involving just motor vehicles. Therefore, any bicyclist that was hit by a motor vehicle, even one that fled, has rights and should protect them by ensuring a few things:

• Even if the at-fault driver has fled the scene, it is essential to still file a police report. Police resources will greatly increase your chances of identifying and locating the hit-and-run driver. Additionally, when it comes to filing a claim, an insurance company providing uninsured motorist coverage will almost always require that an investigation was initiated in an effort to identify the at-fault individual.
• Taking care of yourself and your health is the most important thing after any type of injury. Likewise, it is crucial that you seek medical attention immediately following the collision, as there need to be records and documentation of the injuries, in order to be able to recover later.
• Lastly, identifying any potential witnesses to the collision and taking down their contact information is key. Individuals who were present at the collision scene might not only be able to help identify the fleeing motorist, but they can also help with identifying what exactly happened during the collision.

Illinois Laws Require Drivers To Give Aid To Injured Bicyclists

It is the law in Illinois for drivers to render aid to an injured bicyclist. Drivers in Illinois who are involved in a crash are legally required to:

• Stay at the scene of the crash long enough to provide the injured party with their information; and
• If necessary or if requested to arrange for medical care for the injured bicyclist. 

Section 11-401(a) of the Illinois Vehicle Code provides the groundwork for the motorist: 

"The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled."

Beyond the law, there is a fundamental human need for all users of the roadways to assist one another. The act of a hit-and-run is indefensible. The driver involved in this crash should face swift and certain justice.

Keating Law Offices - A Nationally Recognized Bicycle Law Firm

In the last year, the attorneys at Keating Law Offices obtained several million dollars in total settlements for its clients. The 2020 Chicago Lawyer Settlements Report recognized the firm among the top in Illinois for the past year. The 2020 Settlements Report features 118 firms in Illinois with settlements of $500,000.00 or more that were reported between July 1, 2019 and June 30, 2020. Keating Law Offices is proud to be recognized for two of its cases with settlements over the $500,000.00 marker which, combined, total $1,525,000.00 in settlement funds recovered.

Among Keating Law Offices’ most notable successes this year, the firm’s attorneys secured $1,250,000 for the family of a bicyclist who was tragically killed in a motor vehicle collision in Chicago. The firm has been consistently recognized as a leading legal authority on cyclists’ rights in Illinois and for obtaining significant settlement money for their clients with injuries to any extent.

Notable 2020 results by Keating Law Offices include:

• $1,250,000.00 for the family of a Chicago bicyclist killed in a crash with a motor vehicle on Chicago's north side. 
• $500,000.00 for a Chicago bicyclist who suffered a broken arm when doored while biking in Chicago.
• $400,000.00 for a West Suburban bicyclist who suffered a broken leg when struck by an uninsured driver.
• $300,000.00 for a Chicago bicyclist who suffered a concussion after being struck by a delivery truck.
• $300,000.00 settlement for a Northern Illinois bicyclist who was struck by a driver while on a training ride.
• $300,000.00 for a Northwest Suburban girl injured in a bicycle crash. The money was placed in a structured settlement to help pay for college. 
• $200,000.00 settlement for the victim of a crash. 
• $175,000.00 for a bicyclist who was doored by a driver exiting a semi-truck. 

Keating Law Offices’ attorneys have consistently secured significant settlements for a wide variety of cases ranging from personal injury, wrongful death, and nursing home abuse while specializing in securing settlements for injured bicyclists. Over the years, Keating Law Offices has helped hundreds of injured clients recover financial compensation and have been recognized for their success in the field. In 2020 alone, Leading Lawyers Magazine named attorney Michael Keating as a Leading Personal Injury Plaintiff’s Lawyer and also named attorney Catelyn Viggiano as an Emerging Personal Injury Plaintiff’s Lawyer, a considerable achievement and honor in the field. In addition, SuperLawyers Magazine and Chicago Magazine named Michael Keating a 2020 SuperLawyer and Catelyn Viggiano as a "Rising Stars" within the SuperLawyers network. 

With decades of experience, Keating Law Offices is honored to serve the bicycling community and earn the reputation of national leaders in bicycle law. The firm is proudly active in the Chicagoland area’s cycling community and will continue to fight for the rights of injured cyclists.

Illinois Bicyclist Killed in Crash with Passing Truck in Southern Illinois

Last Thursday, November 5, 2020, a bicyclist was killed in a collision with a truck while cycling in southern Illinois. According to reports, 58-year-old David Coleson was riding a bicycle southbound on Illinois 3 near its intersection with Airport Road in Alexander County. Alexander County is best known for being the southernmost county in the State of Illinois. 

The Illinois State Police reported that Mr. Coleson was killed after we was struck by a truck while riding his bicycle. According to the Illinois State Police the collision occurred when both Mr. Coleson and the driver of the truck were both travelling southbound on Illinois 3. The driver reported that Mr. Coleson turned left into the truck at the moment the truck passed and the driver of the truck was unable to avoid striking the bicycle. 

The Illinois State Police continue to investigate this fatal crash. 

"Improper Passing" of a Bicyclist: The 3-Foot Rule

The only available information is contained in news reports which seem to primarily use the Illinois State Police's report as the basis of their information. As such, the information available is limited and it would be unfair to make conclusions as to what exactly occurred. 

What we do know is that in Illinois a driver of a motor vehicle passing a bicyclist has certain duties to the bicyclist when passing. If there was contact between the truck and the bicyclist then there could be a violation of the "3-Foot Rule" which is based on sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This Illinois Rule of the Road provides as follows:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703)

Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: 

(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

The 3-Foot Rule requires a minimum of 3 feet between the bicycle and the motor vehicle when the motorist passes the bicyclist. The motorist is required to "leave a safe distance" that is not necessarily determined by the number of feet. In addition, the driver must maintain this distance of at least three feet until the motorist is "safely past" the overtaken bicyclist. While the specific information available is only available from these reports, common experience suggests that there was little reason for a bicyclist to turn into a passing truck. Ideally the Illinois State Police's investigation provides more information, on way or another, as to the circumstances surrounding this tragedy. 

Our thoughts and prayers are with the family and friends of Mr. Coleson and everyone affected by this tragic loss of life. 

The Difference Between "Riding in Front of a Vehicle" and the Vehicle Not Yielding to a Bike

Left Hook Crashes are prohibited by both the Chicago Municipal Code and the Illinois Vehicle Code. The prohibition against Right Hook Crashes is specific to the Chicago Municipal Code. 

A 12-year-old Chicago cyclist was struck by a car on Chicago South Side in the South Chicago neighborhood. This is a sequence of events that unfortunately happens often on the densely populated streets of Chicago. Different news reports and the accounting from the Chicago Police Department illustrate how a few differences in the explanation of a crash can make a giant difference in understanding what actually occurred. This particular instance also raises the issue of how the details of a crash matter in determining who bears responsibility under the law for a crash.

According to the Chicago Sun-Time article regarding the incident the crash occurred as the boy "traveled in front of the turning vehicle." Details in the Sun-Times article about the incident are otherwise limited. However, with that limited information the crash would seem to be yet another “right hook” collision involving a Chicago bicyclist and motor vehicle operator. 

Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles and 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.” 

The key words in Section 9-16-020 of the Chicago Municipal Code are "until such vehicle has overtaken and is safely clear of the bicycle." These key words specifically require a driver to be absolutely certain that the path is clear before initiating a right turn.

Streetsblog Chicago later tweeted a statement from the Chicago Police Department that the motorist was in the left turn lane on South South Shore Drive when the bicyclist rode in front of the motorist. Without any further indication of the presence of traffic signals like stop signs or traffic lights it is difficult to determine which vehicle - the bike or the car - had the right of way. If the bicyclist was oncoming and the motorist was travelling the other direction and then made a left turn in front of the path of the bicyclist this would be a "left hook crash" and the driver would bear responsibility. 

Under Illinois law, the driver of any vehicle that is waiting to turn left at an intersection is required to yield to any vehicle approaching from the opposite direction if the approaching vehicle makes completing the left turn hazardous. (625 ILCS 5/11-902). In addition to the statewide law, this requirement is also found in Section 9-16-020 of the Chicago Municipal Code that provides additional protections to bicyclists by specifically stating that a car driver waiting to make a left turn at an intersection must yield to any approaching bicyclists. 

In any event, the how/where/when/why of any cases depends on the specifics and the details of any given case. As attorneys who focus our practice on representing bicyclists injured in collisions with vehicles, we know that thorough investigation is most important. Many attorneys only get the Illinois Traffic Crash Report (a/k/a the "police report") and consider that the final say in what happened in a crash. But with out combined decades of experience, we know that obtaining witness statement, canvassing for video, and investigating the location of the crash can provide many more details that shed light on a crash. If you have any questions regarding a bicycle crash, please do not hesitate to contact us at any time. 

The Chicago Police Department reports that the child sustained bruising to the face and leg and was transported to Comer Children’s hospital. We wish the young cyclist a speedy recovery.