Dockless Bike Share Comes to Chicago

Divvy is in for some competition in the bike share market. A number of companies are trying to bring "dockless" bike share to Chicago. The idea behind dockless bike share is that bicyclists can rent a bike on a short term basis but without having to return the bike to a bike share location. While this sounds simple and convenient, it raises the issue of where and how the dockless bikes will be parked. The City of Chicago is requiring these dockless bikes to be affixed with hardware that will require to dockless bikes to have a "lock to" mechanism so that these bikes will not just end up in the middle of the sidwalk.

While dockless bikes have found some success in other cities, the success of dockless bike share will take some time to evaluate in a metropolitan city and vast and densely populated as Chicago. Dockless bikes also raise the issue of how they will be maintained and who will be accountable for the bicycles if they are left in an area where the bicycle is a danger to pedestrians, bicyclists or motorists. The operators of bike share systems have a legal duty to not create any potentially harmful situations and to warn of any risks. Legal issues will arise in the event that someone is injured because a dockless bike was left somewhere and an accident happens. 

Attorney Mike Keating of Keating Law Offices recently had an article published in "Trial Magazine" entitled "Bike Share Roadblocks" about the potential risks that bike share systems can present to attorneys representing bicyclists injured while use a bike share bicycle. Now with the presence of dockless bikes, bike share usage in Chicago continues to evolve. 

Attorney Mike Keating's Article On Bike Share Liability Published In "Trial Magazine"

Since 2010, bike share usage has increased exponentially throughout the nation. Chicago's Divvy system has proven very popular since its inception. By their very design these systems allow anyone with a credit or bank card to rent a bicycle from a designated station, ride the bicycle for either recreation or as a transportation alternative, and then return the bicycle to one of many available stations. This leads to riders with a wide array of skill and experience levels on the roadways. The increase in bike share usage correlates to massive increases in bicycling overall and, unfortunately, injuries from bike accidents.

Keating Law Offices's attorney Mike Keating wrote an article entitled "Bike Share Roadblocks" that was published in the April edition of Trial Magazine. The article discussed the legal issues that can arise if the bike crash occurred due to some kind of flaw in the bike share bike or the bike share station.

Cities Can Claim "Immunity" From Some Bike Accidents

Typically states and local municipalities are protected by some form of immunity statutes and laws from premises liability, motor vehicle, and roadway design claims. In Illinois this law is known as the Local Government and Governmental Employees Tort Immunity Act. Under this law, the City can claim it is not responsible for some failures of the stations or bikes under the same argument that municipalities make about not being responsible for a dangerous sidewalk or roadway. So you should expect the municipality or local government and the affiliated companies who operate and maintain the bike share systems to raise a tort immunity defense since the system is operated in part by the city government.

Laws Should Protect Bicyclists

In the article Mike Keating argues that cities should not be able to hide behind tort immunity when riders allege they failed to provide safe stations and bicycles. It is the responsibility of the operators of these systems to provide reasonably safe stations and bicycles for its riders. Divvy and the City of Chicago have made efforts to keep the system running smoothly. But inevitably issues can arise and accidents can happen. In these instances it is important that an injured bicyclist know that there are legal arguments that can be made to protect their rights.

The Attorneys at Keating Law Offices Are National Leaders In Bicycle Litigation

Attorney Mike Keating, founder of Keating Law Offices, is one of the nation's leading attorneys who focuses his practice on bicycle litigation. Mike Keating has been the Chair of the Bicycle Litigation Committee for the American Association for Justice for the past five years. All of the attorneys at Keating Law Offices are experienced and skilled transportation litigation attorneys.

The firm's commitment to bicyclists is simple: Keating Law Offices is committed to assisting any bicyclist injured anywhere in Illinois at any time. The firm offers free legal consultations with absolutely no obligation. There are never any attorney's fees unless the firm makes a recovery on behalf of the bicyclist injured in a bike crash. If you have any questions regarding Illinois bicycle laws or laws affecting a case involving a bike accident, contact Keating Law Offices today.

Video Details Emerge That Chicago Bicyclist Virginia Murray Was Killed In Right-Hook Crash

Intersection of Sacramento and Belmont in Chicago's Avondale neighborhood.

The death of 25-year old Virginia Murray of Chicago's Wicker Park neighborhood has made news headlines in large part because it is the first death of a bicyclist utilizing a bike share bicycle. However, the "right-hook" crash that took her life is unfortunately all too familiar in Chicago. Illinois and Chicago traffic laws that are already in place are designed to protect the bicyclist from this traffic scenario ever occurring. The driver of the flat-bed truck involved apparently did not see the bicyclist and failed to yield the right-of-way when making a right-hand turn. This is known as a "right-hook" crash.  

According to a new report from ABC 7 - Chicago, there is video surveillance footage that depicts the fatal collision between Chicago bicyclist Virginia Murray and the flat-bed tow truck. As reported in the report and previously reported information, the flatbed truck approached the light at Belmont on northbound Sacramento. The truck came to a stop. While stopped, 25-year old Virginia Murray, rode up to the right side of the truck between the curb and the truck itself. In the video it is clear that Ms. Murray was within the field of view of the truck's driver as the flat-bed truck began its turn. Ms. Murray's path was exactly the one that a Chicago bicyclist should follow. 

Illinois law requires bicyclists to ride as close as possible to the right-hand curb in situations like this. Section 11-1505 provides as follows:

Sec. 11-1505. Position of bicycles and motorized pedal cycles on roadways - Riding on roadways and bicycle paths. 

(a) Any person operating a bicycle or motorized pedal cycle 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 under the following situations: 

1. When overtaking and passing another bicycle, motorized pedal cycle or vehicle proceeding in the same direction; or 

2. When preparing for a left turn at an intersection or into a private road or driveway; or 

3. When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, motorized pedal cycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this subsection, a "substandard width lane" means a lane that is too narrow for a bicycle or motorized pedal cycle and a vehicle to travel safely side by side within the lane; or 

4. When approaching a place where a right turn is authorized. 

(b) Any person operating a bicycle or motorized pedal cycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable. (Source: P.A. 97-813, eff. 7-13-12.)

The collision occurred when the truck turned right across Ms. Murray. This is what is known as a "right-hook" collision. In Chicago, the Chicago Municipal Code addresses this scenario. Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles. The infographic below details right-hook and left-hook bicycle crashes. 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.” 

As an attorney who focuses my practice on representing victims of bicycle crashes, right-hook collisions are unfortunately very common. The reason that these types of crashes are so common is simple: the motorist does not see the bicyclist even though they have the opportunity to do so. The motorist typically makes the turn without ever checking for other traffic - including bicycles - when making the turn and the collision occurs. 

The key words in the ordinance are "until such vehicle has overtaken and is safely clear of the bicycle." The weight of these words are that it is incumbent upon the motorist to make absolute certain that the path is clear before turning. In addition, the motor vehicle involved in this situation is the type of truck that is utilized in a professional capacity. Drivers of such vehicles are required to meet a higher duty to make sure they are driving safely at all times.

In Illinois the failure of a motorist to adhere to the Illinois Rules of the Road and the Chicago Municipal Code in a bicycle crash that leads to the death of a bicyclist can be the basis for a wrongful death claim against the driver. In cases where the driving was working at the time of the collision, the legal principle of respondeat superior applies. This legal principal means that the employer is responsible for the acts - including the failures - of its employee.

This is a tragic collision that has cost the life of another Chicago bicyclist. Our sincere thoughts and prayers are with the family and friends of Virginia Murray. 

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. Keating Law Offices has represented the families of the victims of some of the most high profile cases in Illinois. 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.

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.

Claim Settled for Divvy Rider Doored By Pizza Delivery Driver

Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri have reached a settlement on behalf of a Divvy bicyclist who was injured when she was doored by a pizza delivery driver.

The dooring happened on September 11, 2013 as the bicyclist was riding southbound on Clinton Street in the marked bike lane. The driver was returning to a nearby pizza restaurant after making a delivery run and had parked along the curb at 310 South Clinton Street.

As the Divvy bicyclist approached the parked vehicle the driver suddenly opened the driver's door directly into the bicyclist's hand on the right handle bar of the Divvy bike. The impact crushed the bicyclist's right hand between the vehicle door and the handle bar. The impact then caused the Divvy bicyclist to be thrown from the Divvy bike to the pavement. The Divvy bike then landed on top of the bicyclist. The bicyclist immediately sought medical treatment for injuries to her right hand and left shoulder.

The responding Chicago Police Officer issued the driver a traffic citation for violating Section 11-1407 of the Illinois Vehicle Code. Section 11-1407 states in part, "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." (625 ILCS 5/11-1407). As evidenced by the collision and resulting injuries, it was clearly unsafe for the driver to open his vehicle door into the bike lane without first looking for oncoming bicycle traffic.

The Illinois Bicycle Lawyers filed a claim with the driver's insurance carrier to compensate the injured Divvy bicyclist for her injuries, medical bills, loss of a normal life and pain and suffering. After weeks of negotiation, the settlement secured by the Illinois Bicycle Lawyers amounted to four times (400%) of the medical bills incurred by the injured Divvy bicyclist.

Divvy Rider Doored on Clinton Street

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The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a suburban woman who was doored last September while riding a Divvy bike.  The dooring occurred near Union Station as the Divvy bicyclist was riding southbound in the designated bike lane on Clinton Street. As the bicyclist approached 310 South Clinton Street the driver of a vehicle parked along the curb suddenly opened the driver’s door of his vehicle into the bike lane without looking for oncoming bicycle traffic. The vehicle door struck the bicyclist as well as the Divvy bike.

The brunt of the impact was sustained by the Divvy bicyclist’s right hand which was crushed between the vehicle door and the handle bar of the Divvy bike. As a result of the impact the Divvy bicyclist was thrown from the Divvy bike to the pavement. The Divvy bike, which is significantly heavier than an average bicycle for durability purposes, then fell on top of the bicyclist.

The bicyclist immediately sought medical treatment for injuries to her right hand and left shoulder. Upon discharge from the emergency room the Divvy bicyclist’s right hand was placed in a splint. The bicyclist experienced a decreased range of motion in her right hand and fingers for several weeks following the dooring.

Opening a vehicle door in the path of a bicyclist is strictly prohibited by the Illinois Vehicle Code as well as the Municipal Code of Chicago. In this case, the responding Chicago Police Officer issued the dooring culprit a traffic citation for violating Section 11-1407 of the Illinois Vehicle Code. Section 11-1407, the ‘dooring statute,’ states in part:

“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.” (625 ILCS 5/11-1407).

The Illinois Bicycle Lawyers are pursuing a claim with the dooring culprit’s insurance carrier to compensate the injured Divvy bicyclist for her injuries, medical bills, loss of a normal life and pain and suffering.