Deer Park, Illinois Driver Identified and Charged in Fatal Hit-and-Run Bike Collision in Barrington, Illinois

Nearly two years after a driver struck and killed an Illinois bicyclist, the driver who originally fled the scene is facing the criminal justice system. According to news reports, the Barrington Hills police department along with the Major Crash Assistance Team of Lake County located and identified the driver of a hit-and-run fatal bicycle collision that took place in Barrington Hills, Illinois on May 11, 2018. 

28-year old Rafal Ryndak of Schiller Park died as a result of injuries sustained in the crash. The driver has been identified as Tommy Walker III. With assistance of the Cook County’s states attorney’s office, Tommy Walker III was charged on Wednesday, April 1, 2020 with leaving the scene of an accident involving death. At this time there is no information as to whether additional charges related to the fatal crash are pending.

Illinois Law Requires Drivers Involved In Bike Crashes to Stay at Scene

Illinois law provides that a motorist has a responsibility under the law to stay on the scene of a crash. Back on May 11, 2018 around 10:00 p.m. bicyclist Rafal Ryndak, 28 of Schiller Park was riding his bicycle home. Rafal was riding on Route 59 just south of Route 68 in Barrington Hills, Illinois when the fatal crash took place. There are no reports as to the direction of travel of the motor vehicle at the time of the crash. However, witnesses reported the driver fleeing the scene. When Barrington Hills police arrived on scene, Rafal was tragically found to be unresponsive and was pronounced dead at the scene. 

In addition to however the crash took place, drivers in Illinois who are involved in a crash are also 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 crash. 

Section 11-401(b) of the Illinois Vehicle Code 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.

Another Fatal Crash Involving an Illinois Bicyclist

Our thoughts are with the family and friends of Rafal Ryndak. In addition to the massive loss involving in his wrongful death, there is also the tremendous insult of the driver not following the law and taking responsibility for his involvement in the crash. Not only did the driver not stay on the scene, but left behind a bicyclist who was fatally injured. Illinois law, let alone common decency, provides that we help those who have been injured. Rest in peace, Rafal. 

Illinois Bicyclist Killed By Driver On Cell Phone

An Illinois bicyclist has lost his life as a result of a teenage driver being distracted by her cell phone. According to reports, David P. Weber of Venedy, Illinois was riding his Specialized Roubaix bicycle eastbound on Illinois 15 when he was rear ended by a teenage motorist traveling in the same direction. Mr. Weber was thrown from his bicycle and later died of the injuries he sustained in the crash. The crash occurred just after 5:00 p.m. on Thursday, September 7, 2017.

The Illinois State Police charged the driver with failure to reduce speed to avoid a crash, improper passing of a bicycle and illegal cell phone usage. Illinois law requires drivers to give at least 3-feet when passing a bicyclist. The "three foot rule" provides the following:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703)
Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: 

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

Illinois law also prohibits talking on a cell phone unless using a "hands free" mode and any texting or dissemination of electronic information. Ironically, this very law came into existence when another Illinois bicyclist was killed by a driver who was distracted while downloading a song on her cell phone. The Illinois law banning "texting while driving" went into effect on January 1, 2010 and is set forth in Illinois Vehicle Code at 625 ILCS 5/12-610.2.

(625 ILCS 5/12-610.2) Sec. 12-610.2. Electronic communication devices.
(a) As used in this Section:
"Electronic communication device" means an electronic device, including but not limited to a hand-held wireless telephone, hand-held personal digital assistant, or a portable or mobile computer, but does not include a global positioning system or navigation system or a device that is physically or electronically integrated into the motor vehicle. 

(b) A person may not operate a motor vehicle on a roadway while using an electronic communication device. 

(b-5) A person commits aggravated use of an electronic communication device when he or she violates subsection (b) and in committing the violation he or she was involved in a motor vehicle accident that results in great bodily harm, permanent disability, disfigurement, or death to another and the violation was a proximate cause of the injury or death.

This crash is a tragic reminder of the incredible dangers Illinois bicyclists face on the state's roadways and how vulnerable we are when motorists do not obey the laws put in place to protect bicyclists. Our thoughts and prayers are with the family and friends of David Weber. May he rest in peace.

Illinois Bicyclist Leland DeBord Killed While Biking to Work

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

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

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

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703) Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter:(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

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

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

Knox County Prosecutors Charge Drunk Driver With Attempted Murder In Violent Assault On Bicyclist

Criminal Defendant Jacqueline Wells

In recent years a great deal of attention has been placed on prosecutors for failing to charge at-fault motorists with serious charges and for judges to appropriately punish those motorists for killing bicyclists. In both of those cases the drivers were charged with Aggravated Driving Under the Influence for causing a fatal collision while intoxicated but more serious charges were not pursued and the drunk drivers received small prison sentences. In Chicago, the drunk driver who struck and killed Bobby Cann received only a ten day sentence and the drunk driver that struck and killed Hector Avalos only received a one hundred day sentence. 

The inexcusable and violent assault on Galesburg bicyclist Andrew Tolle has led to prosecutors filing an appropriate series of charges against the motorist. According to reports, Jacqueline Wells was driving her red Jeep on the same road as Mr. Tolle when she began to harass the bicyclist. She then proceeded to pull behind the bicyclist and ram him twice. This threw the bicyclist off of his bike and she then severely injured him when she drove over the bicyclist. Wells proceeded to continue down the road with Mr. Tolle's bicycle under her Jeep. Evidence later suggested that Wells was intoxicated at the time of the crash. Mr. Tolle was treated at a local hospital and then transferred to Peoria for further medical treatment. 

Unlike other cases where serious charges were not brought, Knox County, Illinois prosecutors filed a series of charges, including attempted murder, against Jacqueline Wells. According to local reports, the drunk driver was charged with: 

• Driving under the influence
• Attempted murder
• Aggravated reckless driving
• Leaving the scene of a personal injury accident
• Improper lane usage
• Aggravated battery causing great bodily harm
• Failure to notify police
• Failure to render aid.

These are appropriate charges that reflect not only the seriousness of the personal injuries sustained by the bicyclists, but also reflect the depraved, intentional acts of this motorist. She used her vehicle as a weapon with the full intention of hurting the bicyclist. A Jeep of that size is as harmful as a gun and more dangerous that any other weapon used in street crimes. There is no conceivable justification under the law for what she did. It is a positive development to see the Knox County prosecutors choose to treat this crime with the seriousness that it deserves. 

Most importantly, our thoughts and prayers are with Mr. Tolle and his family during this time.  

Illinois Bicyclist Killed In Crash - Police Search for Semi-Truck

Another Illinois bicyclist has passed away as a result of a collision with a motor vehicle. In this most recent case, the bicyclist was struck by a semi-truck in the early morning of March 28, 2016. Illinois State Police say their preliminary investigation reveals Jason Hearty, a 30 year old Altamont resident, was riding his bicycle westbound on Route 40 traveling to his workplace in St. Elmo, when his bicycle was struck by an unknown semi-truck that left the scene. 

State Police say the crash occurred at 6:20 a.m. Fayette County Coroner pronounced Mr. Hearty dead at the scene at 7:00 a.m. According to news reports, Fayette County authorities say a semi-truck, matching a witness’s description of the semi-truck involved, was spotted near Highland earlier Monday morning.

No further details have been released in the media. Illinois State Police Crash Reconstruction Officers and Illinois State Police Crime Scene Investigators are continuing to investigate the fatal crash, along with the Fayette County Coroner’s Office.

Unfortunately, Mr. Hearty is the latest victim in a number of fatal bicycle crashes that have occurred in recent months in Illinois. With bicycling season in full swing, the Illinois Bicycle Attorneys of Keating Law Offices plead with motorists to share the road and drive with a heightened sense of awareness for bicyclists. Too many lives have been tragically lost in preventable collisions such as this.

We extend our deepest sympathies to Mr. Hearty’s family and friends.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email Mike@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Police Seek Help In Finding Vehicle Involved in Hit-and-Run in Waukegan

 

Waukegan Police are asking for the public's help in locating a two-door green sedan that was involved in a fatal hit-and-run in Waukegan on Tuesday morning. The fatal bicycle accident took place at Washington Street and Martin Avenue in Waukegan around 8 a.m. in the morning.

The offender was caught on nearby security camera footage wearing a red jacket and fled eastbound on Washington Street. 54-year old Jack Henderson of Waukegan was killed in the fatal collision. Mr. Henderson was taken to Vista Medical Center after the collision where he was pronounced. The police are also asking for help in locating any next of kin to Mr. Henderson. Anyone with any information should contact the Waukegan Police at 312-599-2631.

This is another tragic example of a bicyclist who was not only a victim as a vulnerable user of the roadway, but left by the offender. Illinois law requires that any motorist who is involved in a collision involving personal injury or death to not only stay at the scene, but to take reasonable measures to assist the victim in obtaining medical assistance.

Bicyclist Hit in Crosswalk and Dragged 50 Feet Receives Settlement of Insurance Policy Maximum

The Illinois Bicycle Lawyers at Keating Law Offices recently attained a six-figure settlement on behalf of a Bolingbrook bicyclist who was seriously injured when he was hit while riding across the street in a marked crosswalk. This serious collision occurred when the driver of a Chrysler 300 made a quick right-hand turn across the crosswalk of a busy intersection without properly checking for bicyclists or pedestrians first.

The collision occurred at the intersection of Boughton Road and Whitewater in Bolingbrook. Boughton Road is a major street in Bolingbrook with two lanes of traffic and turn lanes in each direction at its intersection with Whitewater. Two crosswalks cross Boughton at this intersection; one at the north end and one at the south. Both crosswalks are enclosed by bold, solid white stripes to attract the attention of passing motorists and clearly define the area for crossings.

On the early morning of September 21, 2013, the bicyclist was crossing the intersection of Boughton Road and Whitewater Drive. The bicyclist, a very experienced and avid rider, was riding across the northern crosswalk with the "Walk" signal clearly illuminated. As the bicyclist crossed the intersection, a white Chrysler 300 sedan driving in the opposite direction attempted to make a right-hand turn across the crosswalk onto westbound Boughton. Shockingly, the motorist failed to immediately notice that she hit the bicyclist, and dragged him along the pavement of Boughton Road for a staggering distance of 50 feet before finally coming to a stop. The motorist told the police officer that she never saw the bicyclist when making the right-hand turn. The bicyclist sustained a leg injury that required hospitalization and surgery.

The official police report for this crash indicates that both the motorist and the bicyclist technically had a green light traveling on Boughton in opposite directions. But having a “green light” alone does not automatically give someone the right-of-way. For example, even if a motorist has a green light, they still are required by Illinois law to yield to pedestrians in the crosswalk, since pedestrians and bicyclists using a crosswalk actually have the right-of-way. The logic and policy behind this Illinois bicycle law is that it gives people - whether they be pedestrians or bicyclists - using a crosswalk enough time to safely cross without interference from cars trying to turn on or off of the street.

Illinois law is very clear regarding the protections provided to bicyclists crossing in crosswalks. Multiple provisions of the Illinois Vehicle Code require motorists to yield to bicyclists within crosswalks. Section 5/11-1002(e) states in part: “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.” The referenced 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.

The legal implication of these laws in the case of the injured Bolingbrook bicyclist is that it does not matter that the motorist had a green light. The motorist had a responsibility under Illinois law not only to look out for pedestrians and bicyclists in the crosswalk, but to yield the right-of-way to the bicyclist no matter what. The bicyclist had the right-of-way and the motorist was supposed to "share the road" with the bicyclist.

The harsh reality in this case is that the motorist failed on two fronts. First, the motorist failed to see the bicyclist in the first place. This is known as the "failure to keep a proper lookout." Second, the motorist failed to adhere to the Illinois Rules of the Road and yield to the bicyclist. These two failures combined to create a collision that severely injured the bicyclist.

In the end the matter was settled for the six-figure policy limits of the driver's automobile insurance coverage. In simple terms, this means that the insurance company paid every penny it was obligated to pay under the terms of its insurance policy. The bicyclist has also been able to make a claim for his totaled road bike, cycling gear, and kit. This settlement will allow the bicyclist to move forward and get back on his bike after he is now emerging from a long period of rehabilitation.

Case Settled for Bicyclist Attacked by Charging Dog

Any time a bicyclist is knocked of their bicycle, there is a high risk for an injury. And not all bicycle accidents involve a motor vehicle. This was the case for a bicyclist in western Illinois who sustained a hip fracture after a dog left its owners property and charged the bicyclist as he was riding down a rural road on his way home from work. 

On March 23, 2012, the bicyclist was riding along his regular route when he noticed a large dog running directly at him. Despite the bicyclist's best efforts to avoid a collision, the dog ran directly into the bike. The impact between the dog and the bicycle caused the bicyclist to be thrown from his bicycle to the pavement.
 
As a result of the bicycle collision, the bicyclist sustained a displaced left hip fracture requiring a stay in a local hospital followed by a rigorous rehabilitation regimen. It was more than seven  weeks after the bicycle collision before the bicyclist was able to ambulate without a wheelchair or cane.
 
Illinois has a strict liability statute (known as the "Illinois Animal Control Act") regarding injuries caused by animals, including dogs. A "strict liability" statute imposes liability without fault--that is, an injured person does not have to necessarily prove that the dog owner did anything wrong in order to recover for their injuries and medical bills. Specifically, the Illinois Animal Control Act provides:

"If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby."

In this case the bicyclist was lawfully riding his bicycle on a local street and did not provoke the dog. Thus, the owners of this dog were "strictly liable" for the injuries and damages sustained by the bicyclist - meaning the dog owners were legally responsible for the damages (medical bills, lost wages, pain and suffering, etc.) sustained by the bicyclist whether or not the dog owners  themselves did anything wrong. (510 ILCS 5/16). The purpose of this statute is to motivate animal owners to take whatever steps are necessary to keep their animal from injuring a person. A second purpose is to ensure that an injured person has a way to be "made whole" for their injuries since you obviously can't have a case against an animal.
Following the collision, the bicyclist initially attempted to negotiate the claim directly with the insurance company without an attorney. The insurance company then made a typical "lowball" settlement offer of that barely exceeded the bicyclist's medical bills. The bicyclist then retained the Illinois Bicycle Lawyers at Keating Law Offices. The ultimate settlement of $150,000.00 reached by the Illinois Bicycle Lawyers exceeded the original offer by more than $100,000.00.
 
The resolution is yet another example of the importance and value of retaining an attorney when you or a family member sustains a personal injury. The Illinois Bicycle Lawyers work on a completely contingent basis - meaning we NEVER charge attorney's fees unless we settle or win your case. All consultations are confidential and free with absolutely no obligation.

Bicycle Crash In Savanna, Illinois Shows Intersection-Related Crashes Are Not Just a Chicagoland Issue

The Illinois Bicycle Lawyers of Keating Law Offices have been retained to represent a bicyclist who was injured in a bicycle crash in Savanna, Illinois. Savanna is located west of Rockford in northern Illinois. Moments before the collision, the motorist was driving westbound on Portland Avenue near the intersection of Viaduct Road. This bicycle crash occurred when the motorist was only looking to her left as she turned right. At the same time as the motorist was turning, the bicyclist was coming from the driver's right side and a collision occurred. As a result of the bicycle crash, the bicyclist was thrown from his bicycle, landing on the hood and windshield of the car.

The bicyclist sustained injuries to his arm and shoulder that became so uncomfortable in the days following the bike accident that he had to visit a doctor. The bicyclist experienced limited use of his left arm for weeks and was unable to commute to work via his bicycle due to these injuries.

Due to its population density, most bicycle crashes in Illinois happen in Chicago. According to the Chicago Department of Transportation, approximately 55% of all Chicago bicycle crashes occur at intersections and 40% of all Chicago bicycle crashes occur as a result of a motorist's failure to yield. In this case, both of these factors were present and contributed to this accident in the much less dense area of Savanna, Illinois. This bicycle accident shows that regardless of the population density and location in Illinois, anytime there is a person operating a vehicle and not following the rules of the road a collision could result. It is of vital importance that all operators of vehicles, motorists and bicyclists alike, keep a watchful eye for bicyclists and pedestrians when they operate a motor vehicle.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please do not hesitate to contact Illinois Bicycle Lawyer Mike Keating at 312-239-6787 (Business Hours) or  312-208-7702 (24/7) or at MKeating@KeatingLegal.com. All emails and phone calls are returned promptly. Keating Law Offices offers free, no obligation consultations to injured bicyclists. There are never any attorneys' fees or expenses unless the firm is able to make a recovery on your behalf.