Bicyclist Killed In Crash With Van In Belvidere, Illinois

An Illinois bicyclist was killed Tuesday evening as a result of severe injuries sustained in a crash with a Dodge Ram van in Belvidere, Illinois. According to reports, 53-year old James Day of Belvidere suffered blunt trauma to the chest as the result of a bicycle accident at 6:40 p.m. in the evening on Squaw Prairie Road. Mr. Day was pronounced dead at OSF Saint Anthony Medical Center after he was transported from the scene of the crash via ambulance. Our thoughts and prayers are with Mr. Day's family and all those affected by this tragedy. 

The bicycle crash occurred approximately a half mile west of Poplar Grove Road on Squaw Prairie. Belvidere, Illinois is in Winnebago County just east of Rockford. The location of the crash is near Belvidere North High School and north of Belvidere's town center. 

The 3-Foot Rule Is An Illinois Bike Law Designed To Protect Bicyclists

Both the bicyclist and the driver of the van were proceeding westbound on Poplar Grove Road at the time of the crash. While no other details were provided, it is worth noting that Illinois law requires the operators of motor vehicles to provide at least 3-feet when passing a bicyclist while travelling in the same direction. The "three foot rule" is provided by Section 11-703 of the Illinois Vehicle Code. 

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.

New Illinois Bike Laws Designed To Provided Additional Legal Protection To Bicyclists

In addition, a new law that will go into effect in 2018 is designed to provide additional protections to bicyclists that may face passing vehicles. Illinois Public Act 100-0359 which was signed into law last month gives bicyclists added protection in No Passing Zones and allows bicyclists to legally ride on the shoulder. 

The new bike law amends Section 11-703, "Overtaking A Vehicle On The Left," to allow for a motor vehicle to pass a bicycle in a "no passing" zone as long as three conditions are met. First, the bicyclist is going less than half of the posted speed limit. Second, the motor vehicle does not have to speed in order to pass the bicyclists. Third, that the motor vehicles adheres to Illinois' "3-Foot Rule" and gives the bicyclist at least three feet when passing. 
Prior to this change a motorist could face a traffic ticket for passing a bicycle (a vehicle) in a no passing zone. This change alleviates the risk of a driver claiming that the bicycle was causing a "back up" because faster moving motor vehicles could not legally go around the bicyclist. 

The new law also provides that a bicycle may drive on the shoulder. According to the prior version of Section 11-709.1, "Driving On the Shoulder," only emergency vehicles, authorized transit buses, some farm equipment, and service vehicles could legally ride on the shoulder. This change clarifies that bicycles can do what may be the most safe thing in some situations which is to ride on the shoulder as opposed to directly on the roadway.

Illinois Bicyclist Leland DeBord Killed While Biking to Work

27-year old Leland DeBord was riding his bike to work along I-74 in Moline when he was struck by a motor vehicle. This impact propelled him from his bicycle over the railing and onto I-280. Mr. DeBord died as a result of his injuries. The collision happened early Friday morning. 

Mr. DeBord's family members remember him as a hardworking and loving father. In an article by Elizabeth Wadas of WQAD in the Quad Cities family members said that Mr. DeBord's car recently broke down. Undeterred by this and knowing he needed to get to work to help provide for his children, he was bicycling to work at the time of the fatal crash. 

Illinois bicycle laws provide that all bicyclists in Illinois have the same rights as motorists to the roadway. In addition, they are entitled to certain protections from motor vehicles. Illinois law requires motorists to provide at least three feet of room between their vehicle and a bicycle when passing the bicyclist. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This law states:

(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.

In Illinois, the family of a person who dies as the result of an accident can pursue legal actions against the parties responsible. Under Illinois law, the family of a person who dies as a result of alleged negligence can bring a case under the Wrongful Death Act and the Survival Act. The Wrongful Death Act allows the family to make a claim for the loss of the family member and everything that family member provided to them, including the loss of their presence in their lives. Under the Survival Act the family may make a claim for the material losses such as medical bills and the pain and suffering the family member experienced prior to their death. 

Our thoughts and prayers are with the family and friends of Leland DeBord, but most especially his children at this time. This is another tragic reminder of the dangers that Illinois bicyclists face when using the roadways in Illinois. 

Grand Rapids, Michigan Implements "Five Foot Rule"

Grand Rapids, Michigan has implemented new local bicycle rules that include a "5-Foot Rule" that would require motorists to wait to pass bicyclists until they can do so with a minimum of five feet of clearance between the right side of their vehicle and the bicyclist. This legal development was reported by Matt Vande Bunte in a recent article.

Bicycle Law Can Help Protect Bicyclists

This is a very important legal development from a national perspective as a 5-Foot Rule is a considerable increase (66.67%) over the "standard" 3-Foot Rule seen in most states and municipalities. Grand Rapids originally considered the more common 3-Foot clearance but the Grand Rapids City Commission voted on September 22nd to increase it to five feet at the request of the Greater Grand Rapids Bicycle Coalition. According to the article, the interim director of the Greater Grand Rapids Bicycle Coalition, Jay Fowler, was quoted as saying that this rule would accommodate bicycles in Grand Rapids and that they "believe (the 5-Foot Rule) will position Grand Rapids in a very aggressive light." 

Interestingly there was only one dissenting vote among the Grand Rapids City Commission over the concern that a 5-Foot Rule would create congestion because motor vehicle operators would have to wait behind slower bicyclists until there was an opportunity to pass in a safe and legal manner. However, it seems that there was a strong consideration that this aggressive legal position would attract bicyclists to the area knowing that there was an increased legal protection on their side.

Illinois Law Demands Motorists To Give Bicyclists Three Feet When Passing

Here in Illinois our statewide law requires operators of motor vehicles to provide bicyclists at least three feet of distance between the motor vehicle and the bicyclist. The term "The 3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road:

(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.

Illinois Bike Law Attorneys At Keating Law Offices

Here is an Infographic that the Illinois Bicycle Lawyers at Keating Law Offices created regarding the 3-Foot Rule in Illinois:

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.

Illinois Bicyclist Killed In Alexander County - Driver Charged With Violation of the 3-Foot Rule

Illinois bicyclist Jarod Kyle Shumaker of Olive Branch, Illinois was killed Sunday night while on a bike ride on Route 3 in Alexander County. According to news reports, Shumaker was riding his bicycle northbound on Route 3 along the right side of the road when the driver of a Buick Century attempted to pass Shumaker. The driver of the Buick struck Shumaker with the passenger side mirror. This impact caused Shumaker to lose control and end in the path of a following Toyota Corolla that was driven behind the Buick. Shumaker was fatally injured in the collision with the Corolla after the initial collision with the Buick.

Illinois law requires motorists to provide at least three feet of room between their vehicle and a bicycle when passing the bicyclist. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This law states:

(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 driver of the Buick was cited by the police for improper overtaking of a bicyclist. There are no other reports of any additional charges at this time. Tragically, the "3-Foot Rule" law exists to attempt to stop this very kind of collision that resulted in the death of Jarod Shumaker. Our thoughts and prayers are with the family and friends of Jarod Shumaker.

Below is an infographic from the Illinois bicycle attorneys at Keating Law Offices that outlines Illinois' bicycle law known as the "3-Foot Rule."

Illinois Bicycle Law Infographic: What Is The "3-Foot Rule" in Illinois Bicycle Law?

Illinois law requires motorists to give bicyclists at least three feet of space when passing a bicyclist. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This statute 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.

Key language in the statute is obviously that there must be a minimum 3 feet between the bicycle and the motor vehicle when the motorist passes the bicycle. But note that the statute also requires that this distance of 3 feet must be maintained until the motorist is "safely past" the overtaken bicyclist. The goal of this law is to provide bicyclists with enough space to safely operate and to reduce the risk of bicyclists being "clipped" by a passing car. Ultimately, the goal is to reduce the number of bicycle accidents in Illinois. 

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 312-208-7702 or 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.

Evanston Bicyclist Injured When Driver Violates the "3-Foot Rule" Receives Insurance Settlement

On April 12th of last year an Evanston bicyclist was injured when the driver of a car was more interested in finding a good parking spot than he was in ensuring the safety of the operator of another vehicle legally on the road - a bicyclist.

The collision occurred during the early evening of April 12, 2013, when the car driver suddenly turned off the road in an attempt to enter a curbside parking spot along Chicago Avenue. The driver took a sharp angle past the bicyclist and towards the curbside parking. But in doing so, the hurried driver struck the bicyclist and knocked him off of his bicycle and onto the the pavement of Chicago Avenue. The bicyclist suffered a fractured left thumb as a result of the collision.

Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri recently settled the insurance claim against the driver's insurance company on behalf of the bicyclist. The bicyclist was an employee of a well known Evanston bicycle shop who led a very active lifestyle—he was an avid biker who often worked out and valued his active lifestyle. However, due to the fractured thumb he was not able to work out like he did before for almost three entire months while the thumb healed.

The "3-Foot Rule" in Illinois law is very clear on a motorist’s responsibilities when driving alongside a bicyclist. Motorists are required to exercise due care to avoid colliding with a person operating a bicycle, and must leave a safe distance between their car and any bicyclists nearby. Section 11-703(d) of the Illinois Vehicle Code states:

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.

As has been discussed on this blog before, the "3-Foot Rule" does not require 3 feet when passing a bicycle, the law requires at least 3 feet meaning the law actually provides that more than 3 feet should be provided by drivers passing bicyclists.

In this case, in addition to his multiple violations of the Illinois Vehicle Code, the police officer responding to the accident noted that the car driver had been driving “in an erratic, reckless, careless, negligent, or aggressive manner” at the time of the accident. It is unusual that a police officer adds his or her own conclusions in the narrative of the police report, but this was apparently a case that warranted this officer's statements.

The Illinois Bicycle Lawyers filed a claim with the driver's insurance carrier to compensate the injured bicyclist for his injuries, medical bills, pain and suffering, and loss of normal life. 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 will be promptly returned, and all initial consultations are confidential and free.

Claim Settled for Bicyclist Injured in Bicycle Crash with Taxi Cab

Eastbound Lake Street approaching Michigan Avenue: Scene of bicycle accident with taxi cab.

Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri have secured a substantial settlement for a bicycle commuter who was struck by a taxi cab near the busy intersection of Michigan Avenue and Lake Street in Chicago in September of 2011. The collision occurred in the middle of the day on September 13, 2011 as both the bicyclist and the taxi cab were headed eastbound on Lake Street.

The bicyclist was riding her bicycle along Lake Street when the taxi driver unexpectedly and without warning crossed over into her path, striking the bicyclist and knocking her to the street. This action was in violation of the City of Chicago and State of Illinois bicycle laws that are very clear on the responsibility of motorists who drive near bicyclists. 

Eastbound Lake Street is clearly marked as a a bicycle route by the Chicago Department of Transportation as indicated by the signage in this photograph. Signage serves the purpose of not only identifying a route for bicyclists, but also serves as notice to motorists that this is a roadway where bicycles are most likely going to be part of the traffic pattern.

CDOT Sign One Block Before Bicycle Accident Indicating that Eastbound Lake Street is a Bicycle Route to the Lakefront.

Generally speaking, all motorists have the duty to exercise due care when driving on the streets of Chicago. Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact. The precise language of the statute as it applies to this bicycle accident is as follows:

Every 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.

Specifically, the taxi cab driver did not give the bicyclist the legally mandated "3 Feet" between the bicyclist and the motor vehicle. It is important to note that the law does not require "3 Feet" between the bicycle and motor vehicle, but a "safe distance" that the statute provides is a minimum of three feet. In other words, the law essentially provides that there should be more than three feet between the human powered vehicle and the motor vehicle. Section 11-703 of the Illinois Vehicle Code provides as follows: 

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 bicyclist sustained multiple injuries as a result of the impact. She was taken to the emergency room, complaining of pain throughout her entire body, intense tingling in her right arm, and severe pain in her right ankle and left hand. She suffered numerous abrasions and contusions all over her body, most severely on her right ankle and left hand.

Shortly thereafter, the bicyclist began to suffer excruciating pain in her upper back and neck. The bicyclist continued to experience aches and pains throughout her back for over a month following the collision, as well as pain radiating down her left arm.

The Illinois Bicycle Lawyers made a claim with the taxi cab’s insurance carrier for the bicyclist’s injuries, 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 "damage" that can be compensated for under Illinois laws. Loss of a normal life “includes a person’s inability to pursue the pleasurable aspects of life.” Unfortunately for this rider, her injuries also meant time off of her bike while she recuperated.

Here, the bicyclist sustained a temporary diminished ability to ride her bike and engage in the daily activities to which she was generally accustomed. Her sleep patterns were constantly interrupted by pain and she was unable to engage in daily activities. Even something as simple as sitting down was a painful experience. This compromised the bicyclist’s ability to enjoy her life the way she wanted. “Loss of a normal life” varies from person to person and from case to case. Under Illinois law, anyone injured in a bicycle crash caused by someone else is eligible for compensation for their “loss of a normal life.”

After literally years of litigating and negotiating with the cab company and the cab company's insurance carriers, the claim was ultimately settled very favorably in favor of the bicyclist. The bicyclist has since gotten back on the bike and continues to enjoy bicycling in Chicago.

Keating Law Offices is the premiere law firm that concentrates its practice on representing victims of bicycle accidents and bicycle crashes in Illinois. 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.

81-Year Old Bicyclist Killed in Edgebrook

The Chicago Tribune is reporting that an 81-year old bicyclist was killed in a bicycle versus motor vehicle collision in Edgebrook. According to the reports, the bicyclist was travelling westbound on Devon Avenue when there was a collision between the bicyclist and an SUV. The report does not indicate which direction the SUV was traveling at the time of impact.

The law requires vehicles passing a bicyclist to give a minimum of 3 feet of clearance when passing. This is the law by virtue of the Illinois Rules of the Road and the Chicago Municipal Code. The Chicago Municipal Code also requires motorists to exercise "due care" to avoid colliding with a bicyclist. However, according to the report, no citations were expected.

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.

How the "3-Foot Rule" is Enforced in Civil Cases

There has been discussion in the bicycle community about whether or not the "3-Foot Rule" is being enforced. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This statute 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.

Key language in the statute is obviously that there must be a minimum 3 feet between the bicycle and the motor vehicle when the motorist passes the bicycle. But note that the statute also requires that this distance of 3 feet must be maintained until the motorist is "safely past" the overtaken bicyclist.

To the question at hand as to whether this law is "enforced," keep in mind that there are two areas of law: Criminal and Civil. Criminal cases, which would include municipal citations, for violation of the 3-foot rule are not widely enforced. My understanding is that much of this stems from the fact that it is a relatively new rule and many police officers are not aware of it. In civil cases (what we typically refer to as a "lawsuit") the 3-foot rule is being used aggressively by Keating Law Offices. Many of the cases that the firm is filing includes an allegation of a violation of the 3-foot rule by the motorist. 

In legal terms this is a part of "pleading," legalese for how you write out the lawsuit for the client. By including this allegation, when/if the case goes to trial we will be able to argue to the jury or the judge that 1) there was this law and 2) the motorist violated the law. If the judge/jury agrees, then an award can be entered for the injured bicyclist.

I would say that at least in the civil side of the law the 3-foot rule is being "enforced." Ideally with time and education our law enforcement officers will become more aware of the 3-foot rule and ticket motorists for violations of this law. This is a very important law as almost anytime there is contact between a unprotected bicyclist and a motor vehicle there are injuries to the bicyclist.

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.