Showing posts with label Chicago bicycle accident. Show all posts
Showing posts with label Chicago bicycle accident. Show all posts

Sunday, June 7, 2026

Chicago's Bicycle Community Mourns The Loss Of Advocate Riley O'Neill

Chicago’s bicycling community is mourning the tragic and preventable death of Riley O’Neil, a 35-year-old Chicago Department of Transportation (CDOT) planner who dedicated his career to making Chicago’s streets safer for people who bike, walk, and use public transportation. Tragically, O’Neil was killed in a crash involving two motor vehicles on June 5, 2026. The crash occured while Riley was riding his bicycle in the Bridgeport neighborhood after a motorist opened a vehicle door directly into his path on South Halsted Street and he was then struck by an oncoming semi-truck.

According to witness accounts and reports, O’Neil was traveling in the marked bike lane on the 3200 block of South Halsted Street when the driver of a parked vehicle suddenly opened a door into the bike lane. O’Neil attempted to avoid the door but struck it and was thrown into the roadway, where he was subsequently struck by a passing semi-truck. 

The loss is especially devastating because Riley O’Neil was not only an experienced cyclist, but a transportation professional whose life's work focused on improving bicycle infrastructure and safety throughout Chicago. O’Neil served on CDOT’s Complete Streets team and previously led the City’s bicycle parking program, helping expand bicycle accessibility throughout Chicago. Colleagues described him as a passionate advocate who worked tirelessly to make Chicago safer for everyone who uses its streets. The fact that this crash occurred not only in a marked and dedicated bike lane, but the Chicago Police Department's 9th District police station is located next to the crash scene. 

The Danger of Dooring in Chicago

Dooring crashes remain one of the most serious threats facing Chicago bicyclists. A "dooring" occurs when the occupant of a parked vehicle opens a door into the path of a bicyclist without first checking whether it is safe to do so. For bicyclists traveling alongside parked vehicles, a suddenly opened door can leave virtually no time to react. Riders may strike the door directly or be forced into moving traffic while attempting to avoid it.

Illinois law and Chicago municipal ordinances clearly prohibit this conduct. The Chicago Police Department issued multiple citations to the motorist who opened the car door into the path of Riley O'Neil. 

Section 9-80-035 of the Chicago Municipal Code provides:

"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."

The Duty of Due Care: A 45-Year-Old Law Designed to Protect Illinois Bicyclists

As bicycle ridership continues to grow throughout Chicago and across Illinois, much attention has been focused on new legislation designed to improve safety for people riding bicycles. Protected bike lanes, safer intersection designs, lower speed limits, and enhanced traffic enforcement have all become part of the conversation.

What many people do not realize, however, is that one of the strongest legal protections for bicyclists in Illinois is not new at all. In fact, one of the most explicit laws protecting bicyclists has been on the books for nearly 45 years.

Illinois Recognized the Need to Protect Bicyclists in 1981

On August 12, 1981, Public Act 82-132 became law when it amended the Illinois Vehicle Code to expressly require motorists to exercise caution around people riding bicycles.

The law provides:

"Every driver of a vehicle shall exercise due care to avoid colliding with any person operating a bicycle or other device propelled by human power…and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person."

This language was significant because it placed an affirmative legal duty on motorists. The law did not merely suggest that drivers be careful around bicyclists. It required them to exercise "due care." Today, this protection is codified in Section 11-1003.1 of the Illinois Vehicle Code.

Chicago Adopted the Same Protection for Bicyclists

Nearly a decade later, the City of Chicago reinforced this same principle by incorporating similar language into its Municipal Code.

Section 9-40-160 of the Chicago Municipal Code states:

"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."

Truck Drivers Are Also Regulated By Federal Law

The second vehicle involved in the crash was a semi-truck travelling on Halsted Street. While the actions of the driver that doored the bicyclist have been the focus, questions remain regarding the interaction between the bicyclist and the semi-truck prior to the collision. The driver of this second vehicle also had the duties to exercise due care around the bicyclist and to keep a proper lookout for all traffic on Halsted Street, including bicycles in the Halsted Street bike lane. 

Federal Motor Carrier Safety Regulations provide that all drivers follow the local laws and requirements, in this case the laws of both Illinois at a state level and Chicago at a local level. 49 CFR 392.2 states as follows: 
Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.
Riley O'Neill's Life and Work Honored

The Chicago bicycle community mourns the loss of Riley O'Neill. Riley O'Neill was by all accounts a selfless advocate and leader. A fellow CDOT employee asked that the bike racks he helped place throughout the city be known as "Riley Racks." The advocacy group Bike Grid Now is hosting a Bike Jam + Vigil in Riley O'Neil's honor on Monday, June 8th.

Friday, July 16, 2021

Chicago Boy Killed in Collision with Modified Truck Driven by Chicago Police Officer


A Chicago police officer tragically ran over and killed a 9-year old Chicago boy who was crossing the street on his bicycle. Chicago is in shock over one of the most tragic deaths of a Chicago bicyclist in the city's history. Beyond the massive tragedy, the death of 9-year old Hershel Weinberger in West Rogers Park stands out for many reasons: the young age of the victim, the vehicle involved and the status of the driver of the vehicle.

According to an interview with the father of the boy, Shamai Weinberger, to the Chicago Tribune, young Hershel Weinberger was riding his bicycle home from a friend's house. As Hershel was riding eastbound he crossed the intersection of West Chase Avenue and North Sacramento Avenue. This intersection is notable because it is a four-way stop with both stop signs at every corner and crosswalks across all four crossings at the intersection. So there was both a clear traffic control device in the form of a stop sign and a clearly marked crosswalk notifying drivers twice that they must stop at the intersection.

Chicago Police Officers Held To Higher Standards

Despite the requirements that drivers stop at stop signs and stop for anyone in a crosswalk the driver of the Toyota Tundra did not stop and struck the boy. This is a senseless and preventable act in any situation but is even more shocking because the driver was an off-duty Chicago Police Officer. All drivers are required to follow the Rules of the Road as found in both the Illinois Vehicle Code and the Chicago Municipal Code. 

Beyond this, a Chicago Police Officer is required to "serve and protect." The Mission Statement of the Chicago police department is "To serve our communities and protect the lives, rights, and property of all people in Chicago.The "Core Values of the Chicago Police Department" explicitly state that Chicago Police Officers are a part of a "highly trained profession" and that they are to conduct themselves in a consistent manner both on and off duty. 

Violations of Chicago and Illinois Traffic Laws

News reports indicate that the driver was cited for failure to "exercise due care." In Chicago this is a violation of a general provision applicable to all drivers. It is unclear why the Chicago Police Department would not cite the driver for failing to stop at the stop sign and failing to stop at the crosswalk. It is possible that upon reviewing the case that the Cook County State's Attorney's Office could file additional charges. 

The basic facts of the case suggest that there were additional violations of the Illinois Vehicle Code:
  • 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 . . . .”
  • Section 5/11-1002(e) states: “Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.”
  • Section 11-904(b) requires drivers approaching a stop sign to come to a complete stop before entering a crosswalk at an intersection and to yield to the right-of-way of any vehicle that has entered the intersection.
  • Section 11-601 requires drivers to reduce the speed of their vehicle to avoid a collision.
Children Expected to Ride on Sidewalk

This young boy was clearly the victim and played no role in what occurred. In Chicago a child under the age of 12 may permissibly ride their bicycle on the sidewalk. This law exists for the sole purpose of providing children a safer place to ride than the roadway. 

Any bicyclist crossing on a crosswalk is also considered a "pedestrian" under the circumstances. Section 5/11-1512(c) of the Illinois Vehicle Code specifically provides that, “A person propelling a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.”

Truck Involved Aggressively Modified

The Toyota Tundra involved was not a typical passenger vehicle. In fact, the vehicle is not even a typical Toyota Tundra. The Chicago Police Officer was driving a heavily modified Toyota Tundra pick-up truck. A Toyota Tundra is a very large pick-up truck to begin with weighing over 5,000 pounds - in other words the truck weighs over two and a half tons. Video of the truck shows several obvious modifications. 

First the truck has a "lift" which is the terms used when additional suspension is added to the vehicle so that it can ride over terrain more easily and in the process literally raises the height of the vehicle. Images from news video from the scene shows that persons standing next to the vehicle, even a person standing on the curb, were not as tall as the roofline of the truck. The truck's lift is so extreme that it is outfitted with "step bars" because otherwise the truck is too big to climb into. Second, the vehicle is outfitted with knobby oversized tires such as those typically found on vehicles utilized for off roading. Third, the truck has a "bully bar" which is typically found on police and military vehicles that are used to push objects with the front of the vehicle. 

This truck was modified in a way that is suited only for off-roading in difficult terrain. This is not a vehicle that serves any reasonable purpose on residential streets in a quiet part of Chicago. 

A Senseless Loss

This tragic death could have been prevented on many levels. The simple act of following the Illinois and Chicago vehicle laws - the very laws the officer swore to uphold - would have prevented this death. In addition the sheer size and aggression of this vehicle created a nightmare scenario that may not have unfolded the same way if it was even a modest passenger vehicle. 

Thursday, November 5, 2020

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.

Saturday, February 25, 2017

CBS News Footage Shows Cab Driver Had A Red Light At Time of Collision With Chicago Bicyclist

CBS News Crew Unexpectedly Records Bike Crash 

While filming a news story about train delays at Union Station, CBS 2 News in Chicago inadvertently captured a bicycle crash between a cab driver and a Chicago bicyclist at the intersection of Canal Street and West Adams Street on Friday, February 24, 2017. CBS 2 later ran a segment on the ten o'clock news and online entitled "Anatomy Of A Bike Crash: Who's At Fault?" Just prior to the collision, the bicyclist was riding northbound on Canal Street and the cab driver was driving westbound on Adams Street. The segment showed the crash video in real time which, like most crashes, happened unexpectedly and suddenly. Keating Law Offices has been retained by the bicyclist to represent him in this matter.

Video Depicts Exact Moment of Bicycle vs. Cab Crash

Initially, the video seemed to suggest that the bicyclist may have entered the intersection on a red light while the westbound cab driver had a green light. However, a closer analysis of the video and a site investigation by Keating Law Offices of the timing sequence of the traffic signals shows that at the moment of the impact the bicyclist had a green light and pedestrians had a "Walk" signal on Adams Street. The video correspondingly demonstrates that at the moment of impact the westbound cab driver had a red light at Canal Street.

The CBS video starts at 00:57 and runs in descending order to 00:00. Below is an image from the CBS footage (00:54) of the bicyclist in the intersection of Canal Street and Adams Street just prior to the impact. The cab is in the background but is obscured by the CBS reporter in the foreground in this image.



The CBS footage (00:53) from moments later depicts the impact between the bicyclist and the taxi cab.


By zooming in on the same moment it is clear that the bright white "Walk" signal was illuminated for the crosswalk on Canal Street just prior to and at the time of the collision.


Here is an even closer look at the white "Walk" signal that was illuminated at the time of impact:


An inspection at the scene by Keating Law Offices discovered that the white "Walk" signal seen in the images above for pedestrians on Canal Street is only illuminated when the westbound traffic on Adams Street, such as the cab in this collision, has a red light.



In addition, Northbound traffic on Canal Street only receives a green light at the same moment that the "Walk" signal is illuminated for pedestrians crossing Adams Street while walking north/south along Canal Street.


Video Shows The Dangers Chicago Bicyclists Face

As noted by the CBS news segment, this crash shows the dangers facing bicyclists in Chicago. And unlike the driver of a motor vehicle, a bicyclist is a vulnerable user of the roadway who is at a tremendous disadvantage when a crash like this occurs.

Thursday, August 18, 2016

Chicago Bicyclist Killed in Hit-and-Run By Cargo Van Driver on West Side

Photo from ChicagoTribune.com
A Chicago bicyclist was killed in a hit-and-run collision in the West Garfield Park neighborhood on Chicago's West Side late Wednesday night. The bicyclist was riding along the 4000 west block of Maypole Avenue when he was struck by a white cargo van. The driver of the cargo van then fled west on Maypole.

Surveillance footage posted by the Chicago Tribune shows a white cargo van with the letter "A" prominently displayed and the phone number 312-763-3191. Anyone with information can contact police at 312-745-4521.

The bicyclist was taken to Stroger Hospital where he succumbed to his injuries. Our thoughts and prayers are with the family and friends of this bicyclist. This is the second bicyclist killed in a collision with a motor vehicle in Chicago in the past week.

Drivers in Illinois who are involved in a crash are legally required to:
1) Stay at the scene of the crash long enough to provide the injured party with their information; and

2) 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."
Section 11-403 of the Illinois Motor Vehicle Code more specifically lays out the requirements any such motorist must fulfill before leaving the scene of a collision that leads to personal injuries: 
"The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with an shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to the physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person."
Rather interestingly, in 2011 the law regarding hit-and-runs in Illinois was amended to allow the motorist to avoid prosecution for the hit-and-run by notifying the authorities within a half hour of the accident or within a half hour of being discharged from the hospital for an injury or incapacitation suffered in the accident. Section 11-401(b) provides as follows: 
"Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of (staying at scene requirements)."
There is no reasonable excuse for a hit-and-run. Illinois law provides reasonable requirements for drivers who have been involved in a crash to stay involved. Even in instances where the driver is injured, there is still a window of time to legally report the crash. 

Friday, July 1, 2016

Bicyclist Riding Divvy Bike Killed In Collision With Flat-Bed Truck in Avondale


A Wicker Park woman riding a Divvy bike in Chicago's Avondale neighborhood was killed in a crash with a flat-bed truck. According to DNAInfo.com, the bicyclist has been identified as 25-year old Virginia Murray. Multiple news outlets are reporting that this is the first death of a rider using a bike-sharing bicycle within the United States. 

Prior to the crash, both the bicyclist and the operator of the flat-bed truck were traveling on Sacramento near Belmont in Chicago's Avondale neighborhood on the northwest side. Images posted on the DNAInfo.com article show the flat bed track in the street with the Divvy bicycle upon the nearby sidewalk. This would appear to indicate that the bicycle was to the inside of the truck at the time of impact. 

"Right Hook" Bicycle Crashes

According to the Chicago Police Department, the flat-bed truck and the bicyclist were both traveling north on Sacramento when both the bicyclist and the truck made a right-hand turn onto Belmont. As both vehicles were turning onto Belmont a collision occurred. The general facts of the crash at this time suggest what is known as a "right-hook" crash. 

A "right-hook" occurs when the operator of a motor vehicle turns right over a bicyclist riding in the same direction. Given that a bicyclist typically rides to the right towards the curb that would place the bicyclist on the "inside" of a turning motor vehicle.

Flat-bed trucks are typically commercial vehicles most often used as tow trucks. Operators of these vehicles are required to adhere to all of the applicable rules of the road, such as the Chicago Municipal Code, the Illinois Vehicle Code, and also Federal requirements for vehicles of this nature. These legal requirements provide that 1) Drivers should "keep a proper lookout" for bicycles; and 2) to not turn right until it is safe to do so. It is axiomatic that if a vehicle is "clear" to turn, that a bicycle crash cannot occur.

Legal Requirements for Commercial Vehicles

In addition, there are other specific laws that apply to a bicycle crash of this nature:
  • 49 C.F.R. Section 383.111 of the Code of Federal Regulations requires a professional driver to recognize and avoid potential hazards at all times around a turning tractor truck. 
  • 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.
  • Section 9-16-020 of the Municipal Code of Chicago specifically provides that a motor vehicle should not turn right across the path of a bicyclist traveling in the same direction until it is "clear" and safe to make the turn. This is known as a "right hook."

Legal Consequences of Fatal Crashes

There are no reports as of yet regarding any traffic-related criminal charges having been filed. In Illinois, a crash of this nature can also be the basis of a wrongful death case on behalf of the family of the bicyclist. 

Our thoughts and prayers are with the family and loved ones of Virginia Murray and all those affected by this tragedy. 

Leaders In Bicycle Crash Litigation

Keating Law Offices is the premier law firm in Illinois that represents victims of bicycle accidents and crashes. Attorney Michael S. Keating is the Chair of the Bicycle Litigation Committee for the National Trial Lawyers Association, the American Association for Justice. The firm is nationally renowned for its experience in handling cases stemming from injuries or wrongful deaths as a result of collisions with motor vehicles.

If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Michael S. 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 absolutely free and without any obligation.

Friday, October 23, 2015

Chicago Bicyclist Injured When Tow Truck Makes Illegal "Right Hook" in Lincoln Park

A 38-year old Chicago bicyclist was injured in a crash with a tow truck in Lincoln Park early Thursday. The bicycle accident took place when both the bicyclist and the tow truck were travelling east on Fullerton Avenue and approaching Halsted Street near DePaul University. This is a six-corner intersection with Fullerton and Halsted intersected diagonally by Lincoln Avenue as well. There are bike lanes at or near this intersection on all three of these major Chicago streets. The official bike map for the City of Chicago clearly marks the presence of bike lanes on Fullerton, Halsted and Lincoln. 

Chicago Bicycle Crashes Often Occur At Intersections


According to the original news reports, the collision between the bicyclist and the Ford F-650 truck occurred when the driver of the tow truck apparently did not check the blind spot of the vehicle and turned across the bicyclist as the tow truck turned from Fullerton onto Halsted Street. 

Since the initial reports it has been clarified that the bicyclist was injured but not killed. As a result of the impact, the bicyclists was knocked off of her bicycle and suffered a head injury. Paramedics responded to the scene and transported the bicyclist to Illinois Masonic Hospital.

Chicago Bike Law Prohibits Right Hooks

This type of collision is what is known as a "right hook" turn and it is specifically prohibited by the law. Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles. The ordinance states:
When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.” 
In very simple terms, a motorist MUST make sure that they do not make a right turn in front of a bicyclist. This is particularly crucial in urban areas such as Chicago's Lincoln Park neighborhood where there is a large amount of bicycle traffic. In fact, immediately west of the intersection of Fullerton and Halsted there is a marked bike lane and signage indicating the presence of bicycles and other signs providing bicyclists directions. 

Chicago Police Department's Major Accident Investigation Unit (MAIU)


Given that this was an accident that involves serious bodily injury or death, the Chicago Police Department policy is that the Major Accidents Investigation Unit are to conduct a full investigation. The driver of the tow truck was issued a traffic ticket at the scene, but there are no further details as to the exact charge for the citation. 

The traffic laws in place are to protect all users of the roadway, including bicyclists. This collision could most likely have been avoided by the driver of the truck simply checking the blind spot of the vehicle before turning across Fullerton where the bike lanes on Fullerton and Halsted intersect and bicycle traffic is frequent and well known. 


Thursday, September 17, 2015

Chicago Bicyclist Died One Week After Collision With Semi-Truck In Avondale

The Chicago Sun-Times has reported that 48-year old Robert Lewis has died as a result of injuries he sustained in a collision with a semi-truck in the afternoon of Wednesday, September 2nd. The fatal bicycle accident occurred in the 3400 block of North Kedzie in the Avondale neighborhood on Chicago's Northwest Side. There were no further details reported. 

After the collision, Mr. Lewis was taken by ambulance to Illinois Masonic Medical Center where he remained until his death. Mr. Lewis lived on the northwest side on West School. Our thoughts and prayers are with the family and friends of Mr. Lewis and all those affected by this loss.

Thursday, June 18, 2015

$350,000.00 Settlement for Chicago Bicyclist Injured When Riding Over A Pothole

A Chicago bicyclist who was severely injured in April of 2011 in a bicycle accident after hitting a pothole next to a rail track was awarded a $350,000.00 settlement to resolve her lawsuit against a local railroad. The bicyclist sustained fractures of both bones in her forearm and the bone in her upper arm. These fractures required two separate surgeries to repair the injuries. 

Defective Track Conditions Can Be Dangerous To Bicyclists

The incident occurred on Chicago's Goose Island on the near North Side of Chicago while the bicyclist was riding home. The crash occurred as the bicyclist rode over the rail road tracks near the intersection of Magnolia and Blackhawk near the Chicago River. The area is just to the east of Elston near the Morton Salt depot. 

The railroad tracks at this location are inlaid in the street itself so they are flush with the pavement. The bicyclist was unable to see the pothole because it was on the far side of the tracks as she crossed over the set of the railroad tracks to the east. Adding to this dangerous condition was the fact that the pothole was dark in color and from a distance appeared to be a part of the rail track itself, not a submerged defect that was not flush with the street and the railroad track. 


As a result of the nature of the pothole, the bicyclist did not see the defect until she was literally over it and her front wheel became lodge in it. When the wheel became lodged, the bicyclist's momentum carried her "head over heels" over her front handlebars. She instinctively put out her hands to break her fall and due to the way she landed she unfortunately sustained the fractures in her arm. 


Illinois Railroads Required To Repair Dangerous Conditions

Railroads have unique responsibilities to maintain their property under Illinois law.  Section 18c-7401(1) of the Illinois Vehicle Code provides that the railroad was generally required to maintain and operate all of its tracks and other property in Illinois in a manner that posed “no undue risk” to the person of any member of the public. Section 18c-7401(3) of the Illinois Vehicle Code specifically required  the railroad to maintain its tracks, in this case the property adjacent the tracks, as well as the road crossing over its tracks so that the “roadway at the intersection shall be as flush with the rails as superelevated curves will allow.” In short, the Illinois Vehicle Code says that all railroads have to work to eliminate any risks near the tracks and to make the roadways next to tracks as even and flush as possible. 


Most interestingly is that during the case it was discovery that the railroad had conducted several inspections of the area in the weeks leading up to this bicycle accident, including an inspection the very day before the crash. It was also determined that the inspection would have required the railroad inspector to literally walk over the area where the pothole was. Yet, the railroad unfortunately did not take any steps to either note the condition nor take action to correct it. 


Faced with these facts and the severity of the injuries, the railroad agreed to participate in negotiations to resolve the case. The case settled after two separate Pre-Trial Settlement Conferences with a judge in the Circuit Court of Cook County. This $350,000.00 settlement compensates the injured bicyclist for all of her medical bills as well as her pain and suffering, loss of a normal life, and the scars she has from her injuries and the surgery.


Keating Law Offices - Chicago Bicycle Accident Attorneys

Ironically, the bicyclist met with another personal injury law firm in Chicago that she contacted after seeing their ads near a CTA platform. The attorneys at that law firm told the bicyclist that she did not have a case and that they were not interested in pursuing the case. The bicyclist then contacted Keating Law Offices who, after four years of litigating the case, were able to obtain a successful resolution for the injured bicyclist.

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.

Wednesday, June 17, 2015

Lawsuit For Chicago Bicyclist Injured In Accident With Taxi Settled

A Chicago bicyclist who was injured in an accident with a Chicago Carriage Cab has received a nearly $85,000.00 settlement for the personal injuries he sustained in the collision. The collision occurred on August 29, 2011 when the taxi cab driver turned directly into the bike lane from a parked position on Halsted Street outside of Illinois Masonic Hospital. The bicyclist was struck and thrown from his bicycle and sustained a non-displaced fracture of his collarbone. The injured bicyclist was taken directly into the Emergency Room at Illinois Masonic Hospital from the scene where he was treated.

At the traffic court hearing attorney Mike Keating attended the traffic court hearing with the injured client. At the hearing the taxicab driver pled guilty to violating Section 9-40-190 of the Municipal Code of Chicago. This section specifically prohibits drivers from pulling into traffic - in this case the bike lane on Halsted - from a parked position.

The taxicab driver was driving a Chicago Carriage Cab at the time of the accident. Chicago Carriage Cabs are common in Chicago and recognizable by their unique maroon color as opposed to the traditional yellow taxicab color. Chicago Carriage Cabs were insured with an insurance carrier named Ullico at the time of the collision.

What seemed like a relatively straightforward lawsuit given the guilty plea by the driver and the very clearly severe injury sustained by the bicyclist quickly became complicated when Ullico filed for "insolvency." "Insolvency" is when an insurance company essentially declares itself bankrupt in the sense that it does not have the money on hand to pay all of the claims against it. As a result of Ullico's insolvency proceedings, there was a period of time where there was essentially no insurance for any Ullico claims. During this time there was a legal "stay" on all lawsuits in Cook County involving Ullico as well. The combination of no insurance and the stay left these cases in legal limbo.

Many attorneys withdrew from cases involving Ullico fearing that the claims would never be paid. However, the Illinois Bicycle Lawyers at Keating Law Offices remained committed to their client and patiently pursued the case. Ultimately the State of Illinois provided insurance coverage through the Illinois Guaranty Fund - a sort of "insurance for insurance." After continuing to pursue the case ultimately the case was able to be settled for $60,000.00 in addition to the over $24,000.00 in medical expenses that had already been paid by health insurance.

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 injured in bicycle accidents throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law or a bicycle accident, 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.