News Story Profiles Keating Law Offices Employees As Part of Story on "Winter Warrior" Biking

Today is the 14th Annual "Winter Bike to Work Day." DNAinfo Chicago recently posted an informative article by Alisa Hauser, who interviewed Chicago “Winter Warrior” bicyclists willing to share survival tips while cycling throughout the Windy City even in the midst of winter. The article features Keating Law Offices very own attorney, Michael Keating, and administrative assistant, Hannah Zenke.

According to Ms. Hauser’s article, Active Transportation Alliance estimates that 8,000 people use a bike to commute in Chicago during the winter, including KLO’s Hannah Zenke. Hannah commutes 10 miles daily from her home in Logan Square to Downtown. Hannah really enjoys biking for both her mental and physical health.

“It’s a way to beat the seasonal depression, it’s totally a real thing…Exercising in any way shape or form will release serotonin. You get a good feeling afterward. Just the fact you are a winter warrior and you made it to work, it’s a high-five, it makes you feel like a badass,” Hannah told DNAinfo Chicago.

Hannah stays warm while biking by wearing a wool onesie underneath her clothes, Pearli Izumi tights, two pairs of gloves, a face buff, and goggles to keep the snow out of her eyes.

Section 9-52-045 of the Municipal Code of Chicago requires that:

 “a bicyclist upon the roadway or upon any public path set aside for the use of bicycles shall give hand and arm signals in the following manner:

1. Left turn, left hand and arm extended horizontally;

2. Right turn, left hand and arm extended upward, or right hand and arm extended horizontally;

3. Stop or decrease speed, left or right hand and arm extended downward.”

If Chicago cyclists want to feel good while surviving as a winter warrior like Hannah does, her pro tip to fellow cyclists is to wear layers. While you layer up for Chicago’s snowy winters, keep in mind that you may want to wear some reflectors on top of your layers, that way motorists can see your hand and arm signals that are required by Illinois law.

The Illinois Vehicle Code states that any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway…except (iii) when reasonably necessary to avoid conditions. 625 ILCS 5/11-1505.

Because of winter weather conditions in Chicago, cyclists may find themselves traveling at a lesser speed than what they are normally used to during the hot, sunny summer days. This Illinois law takes into consideration that there may be certain conditions that prevent cyclists from biking as close and safe to the right-hand curb as possible while traveling at a speed less than the normal speed of traffic.

Attorney Michael Keating of the Illinois Bicycle Lawyers at Keating Law Offices told DNAinfo Chicago his biggest concern in the winter months is that drivers don’t expect to see cyclists on the road. The road is narrower due to snow removal and cyclists do not have as much room.

Section 9-36-010 of the Municipal Code of Chicago requires that the operator of a motor vehicle overtaking a bicycle traveling in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle and shall maintain that distance until safely past the overtaken bicycle. This law is often referred to as the "3-Foot Rule."

With the narrowness of roads due to snow removal, it makes it much more difficult for motorists to comply with Section 9-36-010, thus making the roads less safe for bicyclists. That is why Attorney Keating describes cyclists who bike, regardless of the weather conditions, as committed. “It is part of their life, who they are, and they are committed to moving by bike. We have hot summers and cold and snowy winters and those that ride every season reflect just how committed they are.”

Illinois Vehicle Code requires that “every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.” 625 ILCS 5/11-1507 (a).

So, when riding a bicycle at night in Illinois, cyclists must have a white light equipped on the front of their bicycle with a light visible from a distance of at least 500 feet. In addition to that front light, the cyclist must have an approved red reflector on the rear of his or her bike that is visible from 100 to 600 feet by a car with its headlights on. In addition to the red reflector and if the cyclist chooses, a red light may also be equipped on the bicycle’s rear with a light visible from a distance of 500 feet. Attorney Keating suggests that cyclists use as many lights as possible because visibility is very poor during Chicago’s winter months. A headlight will give cyclists a greater visibility while riding, making your ride home compliant with Illinois law and much safer. 

Although Chicagoans know the frigid temperatures, wind chills, and snow and ice storms that so often happen during the winter months here in Chicago, the key to staying safe and warm as a cyclist is to layer clothing, be a defensive cyclist, and follow the regulations provided by Illinois law.
 
If you have any questions regarding this post or an issue involving Illinois personal injury law, 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.

Chicago Bicyclist Critically Injured in Left-Hook Collision on Northwest Side

News outlets are reporting that a Chicago bicyclist was critically injured in a "left hook" collision at the intersection of West Addison Street and North Milwaukee Avenue on Chicago's Northwest Side. The collision occurred late Sunday night when the bicyclist was struck by an SUV as the vehicle made a left turn from the northbound lane of Milwaukee.

According to reports, the driver of the SUV was cited for failure to yield the right-of-way. Both Addison and Milwaukee are dedicated bike routes at this location. While there are not painted lines designating a bike lane, signage at the location clearly marks the area as a place where bicycles are regularly a part of traffic patterns.

The Illinois Vehicle Code and the Chicago Municipal Code both require vehicle to yield the right of way when making a left-hand turn across oncoming traffic. While not motorized, under the law a bicycle is a vehicle and is considered oncoming traffic that a vehicle is required to yield to when making a left-hand turn.

Claim for Bicyclist Injured by Jogger on Chicago's Lakefront Path Settled for $125,000.00

The claim for a Chicago bicyclist who was injured on Chicago's Lakefront path when a jogger ran into her has been settled for $125,000.00. The incident occurred on August 22, 2012 as the bicyclist was riding and the jogger was running along the path. As the bicyclist maintained a straight path, the jogger inexplicably turned right into the path of the bicyclist. The bicyclist instinctively took sharp evasive action to avoid colliding into the jogger and, in doing so, lost control of her bicycle and crashed to the hard pavement of the path.
 
The bicyclist hit the ground with such force that her Giro Indicator Helmet cracked. Worse, the bicyclist's right collarbone was broken and her shoulder was sprained as she put out her arm to brace for the impact. A fractured collarbone is a very common injury suffered by bicyclists involved in a bicycle accident.
 
A City of Chicago ambulance was called to the scene and took the severely injured bicyclist to the emergency room at Advocate Illinois Masonic Medical Center. At the hospital the bicyclist was diagnosed with the mid-clavicle fracture and right shoulder sprain, injuries that required shoulder surgery to properly correct her injuries. After the surgery the bicyclist was unable to bear any weight on her right arm for two months.
 
Claims involving pedestrians or runners are often very difficult because, unlike with bicycle accidents involving motor vehicles, there often is not insurance coverage for incidents between pedestrians and bicyclists. While most people who have a car carry automobile insurance coverage, few people have insurance coverage through an insurance policy that covers other kinds of accidents. Complicating matters in this case was the fact that the police report contained very little information regarding the identity of the jogger. Again, unlike a bicycle accident involving a motor vehicle, there was no Illinois Motorist Report or Illinois Traffic Crash Report that routinely lists the name of the driver and their insurance company.
 
Following the bicycle crash, the bicyclist retained the Illinois Bicycle Attorneys at Keating Law Offices to represent her. However, due to the nature of the case the name of the jogger remained unknown. In order to obtain this information, the Illinois Bicycle Lawyers filed a lawsuit against "Jane Doe" and then subpoenaed the entire police file on the incident. Fortunately, the police officer in this case did fill out a basic incident report with some details. With cooperation from the Chicago Police Department, the name of the jogger was found and a private investigation service was able to locate a last known address for the jogger. The jogger was ultimately located and her insurance company was identified.

There was initially an argument that this was a pure "accident" and that no one was to blame. However, legal analysis comparing the duties of the bicyclist and the runner shows that is not the case. The bicyclist appropriately maintained a straight path as she traveled and kept a proper lookout for other bicyclists and runners on the path. The jogger, however, did not maintain a proper lookout and actually violated a relatively obscure law that imposes specific duties on a pedestrian, in this case a jogger. Section 9-60-120 of the Chicago Municipal Code imposes an explicit duty on pedestrians, whether walking or jogging, to exercise due care. Under this provision, the jogger was required to exercise sufficient care to avoid causing harm to others.
 
After negotiations with the insurance company, the Illinois Bicycle Lawyers reached a very favorable settlement on the bicyclist's behalf that paid for all of her medical treatment and compensated her for pain and suffering, lost wages, the surgical scar on her shoulder, emotional distress, and the loss of a normal life during the two months it took her to recover. Keating Law Offices has previously helped an injured bicyclist obtain a personal injury settlement for a bicyclist injured on the Lakefront Path.
 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists 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.

What Are the New Proposed Bike Laws in Chicago?

There has been a great deal of media attention to the new proposed laws in Chicago as they relate to bicycles. The proposed changes as they affect bicyclist are something of a "double edged sword." The changes absolute clarify the legal language so that it is clear that bicycles are protected. Beyond the language, penalties for violating the Code in a way that interferes with a bicyclist or causes a bicycle accident or collision are sharply increased. On the other side, bicyclists themselves face bigger financial penalties for violated Chicago's traffic rules as they apply to bicycles.

Attorney Mike Keating of Keating Law Offices is a former staff attorney for the Illinois House of Representatives where he was the Staff Attorney for the Judiciary - Civil Law Committee and the State Government Committee. Attorney Keating analyzed Mayor Emanuel's proposed amendments that the Mayor filed on May 8, 2013 at the request of CDOT Commissioner Gabe Klein. Attorney Keating's legislative analysis is as follows: 

Amendment to 9-4-025 Bicycle Safety Violation - Penalty

Current Law: The penalty for interfering with a bicyclist while turning, riding in the bike lane or passing, was $150.00 total. The penalty for causing a collision while turning, riding in the bike lane or passing was $500.00. The penalty for not exercising due care and interfering with a bicyclist was $150.00; the same act that results in a collision was potentially $500.00. The penalty for interfering with a bicyclist with a car door could result in a penalty of $150.00, a dooring that results in a collision could be a penalty of $500.00.

Amendment: Not yielding the right of way to a bicyclist while turning, riding in the bike lane, or not yielding the right of way while passing or otherwise interferes with a bicyclist could result in a fine of $150.00 for EACH offense. The same acts that result in a collision results in a mandatory fine of $500.00 . A dooring that interferes with a bicycle will carry a mandatory fine of $300.00; causing a collision in a dooring would result in a mandatory fine of $1,000.00.

Amendment to 9-40-060 Driving, standing or parking on bicycle paths or lanes prohibited

Current Law: No vehicle may impede a bike path or lane.

Amendment: Language is added to clarify that a bus may stop in a bike lane at a bus stop to loan and unload passengers, if the bus has an emergency, or during overnight hours as necessary in an intersection if it is easier to load or unload passengers at that location.

Amendment to 9-48-050 Buses - Stopping, standing and parking

Current Law: Only buses may operate in designated bike lanes.

Amendment: If a lane is marked for buses AND bicycles, then the bus must yield to the bicycle until it is safe to pass the bicycle and the bicyclist.

Amendment to 9-52-010 Rights and duties

Current Law: A person riding a bicycle who violates the Chicago Municipal Code would be fined $25.00.

Amendment: A bicyclist, unless specifically provided elsewhere in the Code, would face a fine of $50.00 to $200.00 for each offense.

Amendment to 9-52-020 Riding bicycles on sidewalks

Current Law: Bicyclists over the age of 12 should not ride on sidewalks.

Amendment: Bicyclists of any age may ride on the sidewalks outside of the Loop if the sidewalks is marked as a bicycle route, is used to enter the nearest street or to get to a bicycle sharing station.

Amendment to 9-52-040 Yielding right-of-way

Current Law: A bicyclist should ride as near as is practicable to the right side of the road.

Amendment: A bicyclist may ride as near as is practicable AND safe to the right side, meaning a bicyclist can move to the left to pass another bicycle, in order to turn left, to avoid hazards, or to navigate a right turn. A bicyclist may also pass on the right of a slower moving motor vehicle or bike. However, if a vehicle (i.e. cab) is letting out passengers from its right side, the bicyclist must yield to pedestrians or pass on the left. If the street is a one-way street with two or more lanes, the bicyclist may also ride alongside the left side of that one-way street. 

Amendment to 9-52-045 Bicycle operator's signals - Hand and arm - Manner

Current Law: This specific section as it pertains to bicycles is new.

Amendment: Adds precise language, specific to bicycles, as to the required hand and arm signals for a bicyclist. A left turn is with the left hand and arm extended horizontally; A right turn is the left hand and arm extended upward or right hand and arm extended horizontally; a stop of slow down is the left or right hand and arm extended downward.

Amendment to 9-24-030 Crosswalks - Pedestrians to have right-of-way

Current Law: Pedestrians have the right-of-way over vehicles at a plainly marked crosswalk at an intersection or between intersections.

Amendment: Pedestrians have the right-of-way over vehicles (including bicycles) at any crosswalk, plainly marked or not.

Amendment to 9-60-050 Pedestrian to yield right-of-way when

Current Law: Pedestrians had to yield right-of-way to vehicles unless crossing in a marked crosswalk.

Amendment: Pedestrians have the right-of-way over vehicles (including bicycles) anytime they are in a crosswalk, whether or not that crosswalk is marked.

City Council to Vote on Increasing Fine for Doorings...AND Increased Fines for Rogue Bicyclists

Chicago Mayor Rahm Emanuel plans to present a proposed ordinance to the City Council today which would increase the fines for a number of traffic violations both committed by and affecting bicyclists.  The proposal addresses three specific issues.  First, the ordinance proposes increasing the fine for bicyclists who violate traffic laws from $25 to $50-$200 depending upon the type and severity of violation. Second, under the proposed ordinance, the fine for a motorist who opens a vehicle door in a bicyclist's path, known as "dooring" a bicyclist, would increase from $500 to $1,000.  Third, the fine for leaving a vehicle door open in traffic would double from $150 to $300.

Mayor Emanuel justified the proposed increased fines for bicyclists with the following explanation:

If they are sharing the roadway with vehicles, cyclists must obey all traffic laws, including yielding to pedestrians, stopping at traffic signals and indicating when they are making turns.  When the traffic laws are obeyed, everyone is safer.  By increasing the fines for failing to obey the law, cyclists will behave more responsibly, increasing safety and encouraging others to ride bikes."

Mayor Emanuel also announced today that he has launched a sticker campaign to remind Chicago's taxi passengers to look for bicyclists before opening their vehicle doors.  Stickers designed by MINIMAL design studios stating "Look! Before Opening Your Door" will be placed in the rear passenger windows of all of Chicago's taxicabs.  MINIMAL became involved in the campaign after one of its employees was killed just last fall when he was hit by a semi-trailer after he swerved on his bicycle to avoid an open car door on his way to work.

Mayor Emanuel campaigned for office on a promise to make Chicago a more bicycle-friendly city.  Since taking office in 2011, Mayor Emanuel has dedicated millions of dollars to installing more than 200 miles of on-street bike ways in the city.  As a result, bicycling traffic has increased at a rapid rate while motorists and bicyclists are still adjusting to sharing the roadway with one another.

Ron Burke, the executive director of the Active Transportation Alliance, addressed this tension and his support of  Mayor Emanuel's proposal, stating the following:

It's not so much bikes vs. cars vs. pedestrians. Unfortunately, there's a percentage of the population that travels recklessly -- whether it's on foot, on bike or driving a car. The Active Transportation Alliance supports increased traffic fines as an important way to improve safety.

The Illinois Bicycle Attorneys at Keating Law Offices strongly support Mayor Emanuel's proposal based upon their belief that increasing safety for bicyclists requires a conscious effort on the part of both motorists and bicyclists.  Affording bicyclists the same protections as motorists also requires subjecting bicyclists to the same responsibilities as motorists.  

In 2012, there were approximately 1,675 bicycle accidents in Chicago, including 250 accidents where bicyclists were "doored" by motorists.  The attorneys at Keating Law Offices have negotiated favorable settlements for a number of bicyclists injured in the Chicagoland area, including several who have been "doored" by motorists.  

Doorings have become nothing short of a vehicular plague on Chicago's bicyclists. The fear of a large traffic ticket will ideally act as a deterrent to motorists swinging their door into traffic without looking first. 

The Illinois Bicycle Lawyers at Keating Law Offices are proud to represent and advocate on behalf of Chicago area bicyclists after a collision occurs. Part of our advocacy is promoting policies that protect bicyclists. That is why we fully support legislation aimed at preventing many of these tragic accidents before they occur, even if it might also mean more traffic tickets for bicyclists.  We anxiously await the City Council's decision regarding Mayor Emanuel's proposal.

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.

Carol Marin Admits to Dooring Biker

Veteran Chicago journalist Carol Marin admitted in a Sun-Times editorial that she was guilty of dooring a biker in Chicago. This event came up in a May 22nd article in the paper about the varying levels of safety that exist in the City for motorists, bicyclists, and pedestrians and the number of accidents and crashes that occur in the City. The Sun-Times columnist and television personality recounted the dooring as follows:

"Full disclosure here: I was involved in (a bicycle crash) earlier this year when I opened my car door at Starbucks and a poor biker crashed into it. I am now glued to my side-view mirror."

Ms. Marin uses some very careful language here about being "involved" and the victim being "a poor biker" who "crashed into her door." Based on a plain-language reading of this, it might be equally fair to say that Ms. Marin caused a bicycle accident when she violated the Chicago Municipal Code and swung her door open directly into the path of an oncoming bicyclist who could not stop in time or avoid the door. Section 9-80-035 of the Chicago Municipal Code covers "doorings":

Opening and closing vehicle doors

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, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Added Coun. J. 3-12-08, p. 22781, § 2

Ms. Marin doesn't mention if she got a ticket, but if she did this offense could result in a fine of $500.00 for causing a collision with a bicyclist. As Ms. Marin mentions in her article there were over 1600 reported collision between bicycles and cars in Chicago in 2010. And this is just the reported crashes. Ms. Marin certainly deserves credit for her candor and learning from her mistake. The journalist says she is now "glued to her side-view mirrror." Hopefully more motorists learn from their mistakes and from Ms. Marin's example and the City That Works can work for more bicyclists without bicycle accidents or bicycle crashes.

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. The firm provides free case evaluations with no obligation.

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.

Chicago Alderman Proposes Licenses for Bicyclists

Chicago Alderman Richard Mell of Chicago’s 33^rd Ward suggested at a recent a budget hearing that bicyclists in Chicago be required to have licenses. Alderman Mell proposed this idea in response to the City installing 100 miles of protected bicycle lanes throughout Chicago. The protected lanes are part of Mayor Rahm Emanuel and Transportation Commissioner Gabe Klein’s initiative to make Chicago one of the most bicycle friendly cities in the country.

Alderman Mell claimed that the dangerous riding techniques of some bicyclists should require them to be licensed. Ald Mell was quoted by the Chicago Sun-Times as saying, “Nothing aggravates people more than the guy who’s sitting there patiently [at a red light and watching a bike rider who] shoots across. Some of [them] put themselves in danger, too. As we flaunt the fact that we’re trying to make the city more hospitable to bike riders, they do owe a responsibility to pedestrians, who have to dodge away from them.”

However, there are detractors to the idea. Ron Burke, executive director of the Active Transportation Alliance, responded by saying that licensing bicyclists is not actually a deterrent to reckless cycling. “What is a deterrent to reckless cycling is enforcing the laws that already exist,” Burke stated in the Sun-Times article, adding that safety education as well can be helpful.

With the City planning to expand its bike renting program to about 3,000 bicycles by next summer, cyclist safety has become a top priority. The attorneys at Keating Law Offices have advocated for safer riding conditions in Chicago and currently represent numerous cyclists who have been injured while riding throughout the Chicagoland area.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Keating Law Offices at 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.

Source: Chicago Sun-Times, October 27, 2011

Chicago Bans "Biking While Texting"

The City Council’s Committee on Pedestrian and Traffic Safety passed an ordinance on Monday, October 03, 2011, banning Chicago bicyclists from talking and texting on their cell phones while riding their bikes. The ordinance includes a escalating scale of fines. Bicyclists who violate the ordinance will be fined $20-$50 for their first-time offense, which rises to $75-$100 after the third offense. If the distracted bicyclist is determined to be the cause of a crash, the fine increases to $500.

Illinois and Chicago lawmakers have targeted cell phone distractions as it is a growing safety issue. Last year, an Illinois law took effect which banned talking and using cell phones from viewing any “electronic messages” on motorists’ cell phones, which bans not only texting, but also instant messages, e-mailing, or accessing an internet site. The Illinois legislature carved out exceptions for emergency use and hands-free phone technology. The Chicago biking ordinance also allows Chicago bicyclists the same emergency use and hands-free phone exceptions.

The Illinois distracted driving law was passed after the tragic story of Matthew Wilhelm. In 2006, Wilhelm, known as a particularly safe bicyclist who always wore his helmet, was riding his bicycle on the right shoulder of a road when he was struck by a motorist. That motorist, a teenager who was busy trying to download ringtones onto her cell phone, drove onto the shoulder and struck and killed Wilhelm. The next year, an Illinois legislative task force was formed to study the problem of distracted riving. The task force reported that it found that distracted driving causes 1 in every 4 accidents in the United States. That figure reportedly amounted to 4,300 distracted-driving accidents per day.

Chicago Alderman Marge Laurino (39th Ward) advocated for the importance of the law to extend to bicyclists, arguing that bike riders need to follow the same rules of the road as motorists. Last year there were more than 1,600 crashes involving bicycles and five people were killed, according to Deputy Transportation Commissioner Luann Hamilton.

Some advocates of distracted driving laws are worried that the new distracted biking ordinance will take away from enforcement of distracted motorists in Chicago. The Active Transportation Alliance has criticized enforcement of the Illinois distracted driving law, citing it is “rarely enforced.” However, Matthew Tobias of the Chicago Police Department counts that “[t]the enforcement of texting while driving and talking on a cell phone has risen every single year since that was passed”—from 2,577 administrative violations in 2008 to 10,920 in 2009 and 19,701 last year.”

Attorney Mike Keating, a personal injury attorney who represents injured bicyclists throughout Illinois stated, “Extending the requirements of using the roadways without being distracted by electronic devices to bicyclists is fair and reasonable. Distracted bicyclists are a danger to themselves and to other users of the roadways and pedestrians. This is an important reminder that all users of the roadways have a responsibility to act with the safety of everyone in mind.”

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.

This blog post was written with the assistance of Joel Barker, a recent graduate of DePaul University's College of Law. Mr. Barker will be admitted to the Illinois Bar in November.

Source: Chicago Tribune's "Red Eye" newspaper 10/6/2011.

The Legal Definition of "Dooring"

There is no precise legal definition of "dooring." Both the Illinois Motor Vehicle Code and the Chicago Municipal Code address the illegality of not impeding traffic with a car door, but neither address the act of a bicyclist actually impacting a vehicle door due to a negligent motorist. 

Section 11-1407 of the Illinois Rules of the Road and the Chicago Municipal Code provide as follows:

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, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Neither law provides a legal definition of the act of "dooring" itself. Attorney Michael Keating, Chair of the Bicycle Litigation Committee for the American Association of Justice, has proposed the following legal definition of "dooring." 

dooring. (Verb) doored. (Past Tense) doorings. (Plural)
The act of opening the door of a motor vehicle into the path of a bicyclist and causing a collision. Examples: "The bicyclist was a victim of a dooring while riding down the bike lane." "Several bicyclists were victims of doorings while riding on the same bike lane."

A commonly understood legal definition helps everyone involved in the case including the lawyers, the insurance company, and the judges to understand exactly what it is that a driver does wrong when they open their door into the path of a bicyclist and that bicyclist is injured. 

Editorial Advances the Discussion on "Doorings"

In a recent Chicago Tribune editorial, the issue of "doorings" was advanced. The legal issues surrounding "doorings" has reached a fever pitch in recent weeks because of the Active Transportation Alliance's efforts to publicize the fact that the Illinois Department of Transportation does not count "doorings" as a "traffic" accident.

IDOT's misguided rationale is a "dooring" does not count as a traffic accident because the motor vehicle itself is not in motion at the time of impact. I addressed IDOT's position in an earlier post on www.ILBicycleLaw.com.

The City of Chicago has and ordinance that prohibits "doorings." Further complicating problems for bicyclists is the fact that Chicago police rarely issue tickets to the motorists responsible for the "dooring." In 2008 the City of Chicago amended its Municipal Code to specifically address "doorings" and other dangerous actions by motorists that affect bicyclists. Section 9-80-035 provides the following:

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, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. Added Coun. J. 3-12-08, p. 22781, § 2.

Many of the opponents to bicycling try to spin this ordinance as unfair targeting of motorist. However, that is only part of the motivation behind this ordinance. The ordinance also serves as a deterrent to keep motorists aware of the possibility that a bicyclist may be approaching and that if they "door" a motorist then they could be fined under the ordinance. Section 9-4-025(b) of the ordinance,"Bicycle safety violation–Penalty" provides that the fine is $150 if the violation interferes with the bicycle and $500 if a collision results between the door and the bicycle. The ordinance reads as follows:

Any person who violates sections 9-40-160 or 9-80-035 of this Code, when such violation interferes with the movement of a bicycle, shall be subject to (i) a penalty of $150.00 or, (ii) if such violation causes a collision between a motor vehicle and a bicycle, a penalty of $500.00, for each offense.

A bicyclist who has been "doored" also has the right to pursue a civil claim against the motorist committing the "dooring" and their insurance company. Claims like this are common and often result favorably in favor of the bicyclist with the assistance of an experienced attorney. 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.

IDOT Fails to Track Doorings

The Chicago Tribune is reporting that the Illinois Department of Transportation (IDOT) is failing to track "dooring" collisions where a motorist opens their door into the path of a bicyclist. IDOT's rationale for not tracking "doorings" is that, by definition, the motor vehicle is stopped at the time of the collision. This rationale is completely illogical as part of the motor vehicle, the door, is moving and it is operated by the driver of the motor vehicle.

The City of Chicago, however, does track "doorings" that were reported to the police and turns over that information to IDOT. However, IDOT still does not track the data related to "doorings" and incorporate it into statewide vehicle-bicycle crash counts. The fundamental problem with this failure is that there are therefore no accurate statistics related to the frequency or extent of "doorings" in Chicago.

According to data in the article, Chicago police received reports of 76 "doorings" in 2010 and 62 in 2009. Seventy-six dooring crashes were reported to Chicago police last year and 62 in 2009. But the data from "doorings" are not incorporated into statewide vehicle-bicycle crash counts. Therefore, IDOT's statistics that between 2005 through 2009 there was an average of more than 3,500 motor vehicle vs. bicycle collisions that resulted in 18 to 27 deaths and 3,300 annual injuries are incomplete and inaccurate.

Further complicating problems for bicyclists is the fact that Chicago police rarely issue tickets to the motorists responsible for the "dooring." Since 2008 Chicago police have not issued any tickets for "doorings." This is ironic because in 2008 the City of Chicago amended its Municipal Code to specifically address "doorings" and other dangerous actions by motorists that affect bicyclists. Section 9-80-035 provides the following:

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, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. Added Coun. J. 3-12-08, p. 22781, § 2

Illinois Bicycle Lawyer Mike Keating has handled numerous cases involving "doorings." While IDOT and the Chicago Police Department may not fully enforce the laws, the laws are there for your protection and can be used in a civil action against the driver who "doors" a motorist and their insurance company. Just because the police do not issue a traffic citation does NOT mean that the motorist or their insurance company can "get off the hook" for injuries that they caused a bicyclist when they broke the law and opened their door into the path of a bicyclist. The law is the law and it is my job to enforce it when the police or IDOT fail to do so.

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.

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.

Loop Bicyclist Injured in Collision with Cab

The Chicago Tribune is reporting that a bicyclist was injured in a collision with a taxicab at the intersection of Madison and Franklin in the Loop. The reported incident occurred when the taxicab stopped to pick up a fare.

It is a common occurrence for taxicabs to quickly stop or change lanes to pick up fares. The Chicago Municipal Code specifically provides that motor vehicles overtaking (legalese for passing) a bicycle may not then turn right in front of the bicyclist. In short, it is illegal to pass a bicyclists just to cut him/her off in order to turn. Here is the exact language from the ordinance:

9-16-020-f Turning right in front of a bicycle

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.

Added Coun. J. 3-12-08, p. 22783

Chicago Bicyclist Run Over By Truck in Roscoe Village

The Chicago Breaking News Center is reporting that a 24-year old woman was killed when she was run over by a truck outside Hamlin Park in the Roscoe Village neighborhood on Chicago's North Side. According to the report, the woman was killed when she slipped off of her bike as she attempted to go between a CTA bus and a truck while travelling southbound on Damen Avenue. It is further reported that she was killed when the truck unintentionally drove over her.

Damen is only one lane northbound and one lane southbound in this area of Roscoe Village. Hamlin Park is located between Barry (3100 N) and Wellington (3000 N). Damen (2000 W) serves as the park's eastern border. According to the City of Chicago's bike map, there is an existing bike lane that runs southbound on Damen Avenue until Belmont (3200 N), which is one block north of Barry (3100 N). An existing bike lane starts at Diversey (2800 N), which is two blocks south of Wellington (3000 N). According to the map, there appears to be a four block "gap" on Damen Avenue between Belmont (3200 N) and Diversey (2800 N) without a shared lane for bicycles or an existing bike path.

However, as any bicyclist, motorist or police officer on the North Side will tell you, Damen Avenue at this juncture is highly used by bicyclists. Damen is the most direct route to Elston, which is one of the most used roadways in Chicago by bicyclists because of its clearly defined bike lane and its direct angle into the Loop. Given the presence of the shared lane to the north and the bike lane to the south on Damen Avenue, it is simply logical that this area of Damen Avenue is a de facto bike lane.

As such, it is my contention that under the reported set of details, the truck and the CTA bus at issue should not have been side by side and the bicyclists should have never been in a position where they had to "go between" the truck and the bus. There is only one lane for southbound traffic on Damen and, accordingly, only room for one motor vehicle. Other than the single motor vehicle allowed to be in the southbound lane, only a bicycle would otherwise be allowed to be on this de facto bike lane. Drivers may not impede a bike lane per the Chicago Municipal Code:

9-40-060- Driving, standing or parking on bicycle paths or lanes prohibited -

The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane. In addition to the fine provided in Section 9-4-025 of this Code, any vehicle parked in violation of this section shall be subject to an immediate tow and removal to a city vehicle pound or authorized garage.

If you have any questions regarding this post, or would like to discuss any aspect of bicycle law, including your rights as an injured person, please call Mike Keating at 312-208-7702 or email MKeating@KeatingLegal.com. All initial consultations are done for free and with no obligation.

Chicago Bike Law Requires Turning Vehicles to Yield to Bicycles

The Chicago Municipal Code requires turning motor vehicles to "give room" to bicycles when negotiating a turn. What is interesting about this aspect of the City's code is that it explicitly addresses situations involving bicycles and does not "lump in" bicycles with motor vehicles.

• Section 9-16-020(e) requires vehicles making a left-hand-turn in front of an oncoming bicycle to yield the right-of-way to the bicyclist when the bicycle is in the intersection or so close to the intersection that the presence of the bicyclist is a hazard.

• Section 9-16-020(f) deals with motor vehicles attempting to make a right-hand-turn in front of a bicycle traveling in the same direction. This section requires the motorist to only make the right-hand-turn when the bicycle has been overtaken and is "safely clear of the bicycle."

The Illinois Motor Vehicle Code, by contrast, addresses all vehicles on the roadway and does not distinguish as to any additional duties or requirements when a bicycle is involved. From a legal standpoint, this offers bicyclists in Chicago greater protection under the law than exists in other cities and towns in Illinois.

Chicago Law Requires Motorists to Use "Due Care" Around Bicyclists

A frequent complaint of bicyclists in Chicago is that drivers of motor vehicles do not act like bicyclists have a right to be on the road, let alone treat bicyclists with respect. As discussed on this blog before, bicyclists in Illinois are permitted users of the roadway. This means bicyclists have every right to be on the road as a motorist does. What is interesting about Chicago is the Chicago Municipal Code explicitly states that drivers must use "due care" to avoid colliding with a bicyclist. Section 9-40-160 of the Municipal Code states 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 or animal power, upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway." Amended Coun. J. 3-12-08, p. 22781, § 1

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 really 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.