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

Tuesday, May 12, 2026

Illinois Senate Bill Signals a Major Shift in E-Bike Law and Liability in Illinois


Illinois lawmakers are moving quickly on legislation that could fundamentally change how electric bikes, scooters, and other motorized devices are regulated throughout Illinois. Senate Bill 3336 recently advanced out of the Illinois House Transportation: Vehicles and Safety Committee with unanimous support after previously passing the Illinois Senate unanimously. This sets the stage for the bill to pass the Senate and if signed into law by Governor Pritzker would become the standing law in Illinois. 

The proposal comes amid growing concern over increasingly powerful electric micromobility devices and a sharp rise in serious injury crashes involving riders, pedestrians, and motorists.

For cyclists, pedestrians, injury victims, and families across Illinois, this bill deserves close attention.

Illinois Finally Confronts the Reality of Modern E-Bikes

For years, Illinois law has treated many electric bikes similarly to traditional bicycles, despite dramatic technological changes in the marketplace. Today’s higher-powered electric bikes and e-motos are often heavier, substantially faster, and capable of causing catastrophic injuries in collisions.

Secretary of State Alexi Giannoulias has made Senate Bill 3336 a legislative priority because current Illinois law has not kept pace with the realities of modern electric mobility devices.

The proposed legislation would create a legal framework for “electric micromobility devices” and impose additional requirements on certain higher-powered vehicles, including:

  • Registration requirements

  • Mandatory liability insurance

  • Driver’s license requirements

  • Speed restrictions

  • Additional operational regulations

As Secretary Giannoulias explained:

“It recognizes that higher speed, higher powered e-bikes and e-motos are no longer bicycles. They function more like motorcycles, and this bill treats them accordingly.”

You can review the full text and status of Illinois Senate Bill 3336 here:

That distinction is critical—not just from a regulatory standpoint, but from the perspective of public safety and civil liability.


Serious Injuries Are Increasing Across Illinois and Nationwide

The push for regulation follows a dramatic increase in severe injuries involving electric mobility devices.

As personal injury attorneys, we have seen first hand the severity and extent of injuries incurred by riders on e-scooters and e-bikes. Researchers at Columbia University found e-bike injuries surged nearly 300% nationwide between 2019 and 2022. Emergency departments throughout Illinois are seeing the consequences firsthand.

Dr. Kristine Cieslak of Lurie Children’s Hospital Chicago described devastating injuries involving children and young riders, including:

  • Traumatic brain injuries

  • Facial fractures

  • Complex fractures to elbows and forearms

  • Dental trauma

  • Long-term hospitalization and rehabilitation

These are not ordinary bicycle crashes.

Many modern electric devices accelerate rapidly, travel at unsafe speeds in mixed-use areas, and weigh significantly more than traditional bicycles. That combination creates substantial risks for pedestrians, cyclists, and motorists alike.


Why Insurance Requirements Matter

One of the most significant aspects of Senate Bill 3336 is the proposed insurance requirement for certain higher-powered electric vehicles.

Representative Regan Deering referenced a constituent whose husband was killed after being struck by a motorized bike. Tragically, many victims involved in crashes with unregulated electric vehicles discover there is little or no insurance coverage available to compensate them for medical expenses, lost income, or wrongful death damages. The number of victims of crashes with e-bikes are not totally known, but the increase in the number of e-bikes and e-scooters on the roads has led to many crashes throughout Illinois. 

When there is no insurance coverage, injured victims and grieving families are often left without meaningful financial recovery. Mandatory insurance requirements could help close that dangerous gap.


The Challenge: Protecting Cyclists Without Overregulating Bicycles

As bicycle advocates, we recognize the importance of balancing safety with preserving the rights of legitimate cyclists.

Not all electric bicycles are the same.

A low-speed pedal-assist commuter bicycle is fundamentally different from a high-powered electric motorcycle capable of traveling at dangerous speeds through bike lanes, sidewalks, and shared-use paths.

Illinois lawmakers must be careful not to blur those distinctions.

Cyclists throughout Illinois have fought for decades to secure safer infrastructure, equal roadway rights, and legal protections. Those gains should not be undermined by treating traditional bicycles and lawful low-speed e-bikes the same as unregulated high-performance motorized vehicles.

Clear definitions matter.

Reasonable safety regulations matter.

And accountability matters.


The Legal Questions Are Only Beginning

Regardless of whether Senate Bill 3336 ultimately becomes law, courts and insurance companies will continue confronting difficult legal questions involving electric mobility devices, including:

  • Whether a device legally qualifies as a bicycle or motor vehicle

  • Insurance coverage disputes

  • Speed and power classifications

  • Trail and roadway access

  • Comparative negligence issues

  • Helmet use

  • Product defects and aftermarket modifications

As these cases increase, so will the need for attorneys and lawmakers who understand both bicycle law and transportation policy.


Michael Keating’s Perspective on Illinois Transportation Law

At Keating Law Offices, we have long advocated for safer streets, stronger protections for vulnerable road users, and balanced transportation policy that protects cyclists while addressing legitimate public safety concerns.

Michael Keating brings a unique background to these issues. Before representing injured cyclists and pedestrians throughout Illinois, Michael served as counsel to the Illinois Speaker of the House, where he worked extensively on legislative and transportation matters affecting Illinois residents.

Mike Keating is considered a leading legal authority in the country regarding bicycle and micro-mobility law. Mike has also served as:

  • Chair of the Illinois Trial Lawyers Association Legislative Committee

  • Chair of the Illinois Trial Lawyers Association Transportation Committee

  • Chair of the Bicycle Law Committee for the American Association for Justice

That experience provides insight into how transportation legislation is drafted, debated, and ultimately enforced throughout Illinois.

As electric mobility technology evolves, Illinois law must evolve with it—but lawmakers must ensure those changes are thoughtful, evidence-based, and narrowly tailored to address the actual risks posed by higher-powered vehicles.


The Bottom Line

Electric bicycles and micromobility devices are now a permanent part of Illinois transportation. Many riders use them responsibly and safely every day.

But higher-powered electric vehicles operating without meaningful regulation create serious risks for pedestrians, cyclists, motorists, and riders themselves.

Senate Bill 3336 represents Illinois’ effort to bring clarity, accountability, and safety standards to a rapidly changing area of transportation law.

The key will be ensuring that lawmakers distinguish between legitimate bicycles and vehicles that function more like motorcycles—while continuing to protect the rights and safety of Illinois cyclists.

Friday, May 2, 2025

May is Chicago Bike Month! Keating Law Again Sponsors the 2025 Bike Commuter Challenge!


Pedal for Progress: The 2025 Bike Commuter Challenge Sponsored by Keating Law Offices

Keating Law Offices is proud to once again sponsor the 2025 Bike Commuter Challenge, a beloved annual tradition in Chicagoland that combines fun, fitness, and advocacy for safer cycling. This year’s Challenge runs from Tuesday, May 27- Monday, June 23, and we’re inviting everyone in Chicagoland—seasoned cyclists and first-time commuters alike—to join the ride.

Whether you're a daily bike commuter or someone who’s just curious about riding to work, the Bike Commuter Challenge is your opportunity to hop in the saddle, log your miles, and become part of a growing movement for safer, healthier, and more sustainable transportation in Chicago.


🚴 What is the Bike Commuter Challenge?

The Bike Commuter Challenge is a free, month-long competition where workplaces across the region compete to see whose riders can earn the most points by biking to and from work. The goal is simple: ride your bike, log your trips, and have fun while doing it.

Hosted by the Active Transportation Alliance and proudly powered by Keating Law Offices, the Bike Commuter Challenge encourages Chicagoans to embrace cycling as a practical and enjoyable way to get around the city. Points are earned not just for distance, but for frequency and encouraging others to join—so everyone has a chance to shine.


📅 Key Dates to Remember:

  • 2025 Challenge: Tuesday, May 27- Monday, June 23

    Team Captain Training Night: Tuesday, May 13, 6:00pm-7:30pm CST, at 35 E Wacker Dr St.1782 Chicago, IL 60601 or virtually via Zoom. Free chilled Rev Brew products!

    Team Captain Registration Opens: Tuesday, May 13, 7:30pm CST.

    Participant Registration Opens: Monday, May 19

  • Wrap Party: TBA June 2025
    📍 Keating Law Offices, 825 N. Milwaukee Ave.


🌟 Why Should You Ride?

Besides the bragging rights (and cool prizes), the Bike Commuter Challenge is an opportunity to:

  • Build healthy, sustainable habits

  • Reduce your carbon footprint

  • Bond with coworkers and boost team morale

  • Be part of a city-wide movement toward safer streets

  • Most importantly: Have fun!

And don’t worry if you’re new to bike commuting—we’ve got plenty of resources to help you get started confidently and comfortably.


🛡️ Why Keating Law Offices Supports Cycling in Chicago

At Keating Law Offices, we’ve dedicated our legal practice to representing victims of bicycle crashes and fighting for safer streets across Illinois. We believe that biking should be a safe, accessible, and respected form of transportation. Sponsoring the Bike Commuter Challenge is part of our broader commitment to the cycling community and our ongoing mission to protect and empower riders.


Ready to ride with us?
Form your team, join the Challenge, and let's make 2025 the biggest Bike Commuter Challenge yet!

Stay safe, ride smart, and we’ll see you at the finish line.

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.

Thursday, June 1, 2023

Teenage Bicyclist In Crosswalk Struck By SUV Driver In Batavia, Illinois

WGN News is reporting that a teenage bicyclist was critically injured when the driver of an SUV struck the bicyclist while he was riding in a crosswalk in the Kane County suburb of Batavia. The collision occurred near South Batavia Avenue and Union Avenue which is just west of the Fox River and the Fox River trail which is a popular trail for Chicagoland bicyclists.

The collision occurred on Wednesday at approximately 2:30 p.m. and apparently occurred while the bicyclist was in a crosswalk. 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) of the Illinois Vehicle Code 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.

Anyone with information is asked to call area detectives at 630-454-2500. The crash remains under investigation by police and the Kane County Accident Reconstruction Team.

Keating Law focuses its practice on the representation of injured bicyclists. The firm has helped many clients in Kane County and is very familiar with the Fox River Valley. The firm can be reached at 312-239-6787 anytime around the clock. The firm may also be reached at Info@KeatingLegal.com or via online chat at www.KeatingLegal.com


Wednesday, June 9, 2021

Victim of Right Hook in Des Plaines Bike Lane Receives $405,000.00 Settlement

A Chicago bicyclist received a $405,000.00 settlement for injuries he sustained in June of 2018 when he was injured in a "right hook" crash. The driver involved in the crash claimed that she never struck the cyclist and that the cyclist was in large part to blame for the crash. However, an investigation and legal analysis by Keating Law Offices showed that the cyclist was in no way at fault and responsibility for this crash was 100% on the driver and her insurance company. 

Just before the crash the bicyclist was riding his bicycle in the designated shared bike lane northbound on North Des Plaines Street. The cyclist is a very experienced cyclist who was very familiar with the area. The photo above shows the green bike lane and sharrow on Des Plaines as it approaches the intersection of Des Plaines, Milwaukee and Kinzie. At the same time the driver was moving northbound on North Des Plaines Street near its intersection with West Kinzie Street. 

As the driver approached Kinzie she quickly turned right across the green bike lane. The driver never checked for the cyclist and turned right in from of him and caused him to crash. The cyclist struck the vehicle and then flew over his handlebars and crashed onto the road way. 

The presence of bicyclists in this area could not be more obvious. The Des Plaines bike lane is literally painted green and there was a sharrow next to the bike lane. This location is mere feet from where the bike lane intersects with the Milwaukee Avenue bike lane and the Kinzie Street bike lane. Bicyclists routinely flood this intersection and there is no reason to think that was any different than at the time of this crash in the middle of the day in June.   

The driver also violated provisions of the Municipal Code of Chicago and the Illinois Vehicle Code in making this illegal "right hook" turn into the cyclist. 
  • Section 9-16-020(f) of the Municipal Code of Chicago is the "Right-Hook Law." It states that “When a motor vehicle and a bicycle are traveling in the same direction on any 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 until such vehicle has overtaken and is safely clear of the bicycle.” (See also 625 ILCS 5/11-1003.1 of the Illinois Vehicle Code.)
  • Section 11-804 of the Illinois Vehicle Code also states that, “No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway or otherwise turn a vehicle from a direct course or move right upon a roadway unless and until such movement can be made with reasonable safety.” (625 ILCS 5/11-804). 
The cyclists suffered broken ribs, a punctured lung, and a fractured vertebrae in his back. The injuries required him to miss several months of work and endure lots of doctors visits and physical therapy. Fortunately, the cyclist is charging forward with his life and his career and this substantial settlement will help him as he moves forward. 

The cyclist originally tried to handle the case on his own until a co-worker recommended bicycle law attorney Mike Keating. Keating Law Offices filed a case in the Circuit Court of Cook County and secured this settlement in a Pre-Trial Conference with a Cook County trial judge. This settlement was completed within months of the case being filed and even with the delays caused by the courthouse being physically closed. 

Tuesday, December 1, 2020

Keating Law Offices Supports Equiticity on Giving Tuesday 2020

In the spirit of giving, Keating Law Offices is proud to announce it is matching donations made to Equiticity’s end of the year “
Turn on the Power, and Let Equity Flow” fundraiser up to $1,000.00 for Giving Tuesday.

About Equiticity

Equiticity, a racial equity movement founded in Chicago which advocates for racial equity, increased mobility and racial justice for communities of color across the United States, is embarking on a campaign to raise $10,000.00 before the end of the year through their “Turn on the Power and Let Equity Flow” campaign. The funds raised will go towards research, advocacy, and programs for racial equity, mobility justice, and environmental justice including: 
  • Racial Equity Training Academy: A training and leadership development program for residents, organizers, advocates, activists, academics, philanthropists, and policymakers, designed for people to explore a foundational understanding of racial equity and its operational implementation. 
  • Bike design and fabrication: A job creation and workforce development program for young adults. 
  • The Go Hub: A Community Mobility Center as a physical space for community- and power-building, providing access to the necessary hardware (mobility devices and infrastructure) and software (community mobility rituals and socialization programs) to increase mobility. 
  • The Equiticity Bike Team: Engaging young people in the vast world of bikes, and related careers, competitions, tours, and programs. 
  • Community Mobility Rituals: Inclusive of three distinct series of community bicycle rides, neighborhood walking tours, and public transit excursions, designed to increase social cohesion and collective efficacy, as tools to reduce violence at the hyperlocal, neighborhood level. 
Equiticity’s fundraising efforts are scheduled to be announced on November 30 and Keating Law Offices will announce its match at the same time. More information about Equiticity’s movement and giving campaign can be found at Equiticity.org/Campaign.

About Keating Law Offices

Keating Law Offices is a personal injury law firm representing victims of bicycle crashes. The firm is based in Chicago, Illinois and represents clients throughout Illinois. Keating Law Offices is located in Chicago's Loop and on the Milwaukee Avenue bike lane in Chicago's West Town neighborhood. Since it was founded in 2008, Keating Law Offices has recovered tens of millions of dollars for injured cyclists and their families. 

Monday, November 16, 2020

Aurora Police Request Help in Identifying Driver in a Fatal Hit-and-Run

Another Chicago-area bicyclist has lost their life in a hit-and-run crash. On November 14th, 27-year-old Dragomir Misic was struck in a fatal hit-and-run collision in west suburban Aurora. The bicyclist was riding near the intersection of Montgomery Road and White Eagle Drive around 7:30 p.m. The driver then fled the scene. Aurora Police are asking for the public’s help regarding any information about the crash. 

If anyone knows any information about the collision, you are encouraged to call the Aurora Police Department at 630-256-5330 or the Aurora Area Crime Stoppers at 630-892-1000.

Key Steps To Follow If A Victim Of A Hit-and-Run

Based on the facts reported, the driver involved in this bicycle crash violated many of the Illinois Rules of the Road. The fear of knowing they were in the wrong is the motivation behind many drivers fleeing. Regrettably, hit-and-run collisions are a reality and it is important to protect yourself in such a scenario, especially if you are a bicyclist. Bicycle accidents are very sensitive and often more challenging than cases involving just motor vehicles. Therefore, any bicyclist that was hit by a motor vehicle, even one that fled, has rights and should protect them by ensuring a few things:
  • Even if the at-fault driver has fled the scene, it is essential to still file a police report. Police resources will greatly increase your chances of identifying and locating the hit-and-run driver. Additionally, when it comes to filing a claim, an insurance company providing uninsured motorist coverage will almost always require that an investigation was initiated in an effort to identify the at-fault individual.
  • Taking care of yourself and your health is the most important thing after any type of injury. Likewise, it is crucial that you seek medical attention immediately following the collision, as there need to be records and documentation of the injuries, in order to be able to recover later.
  • Lastly, identifying any potential witnesses to the collision and taking down their contact information is key. Individuals who were present at the collision scene might not only be able to help identify the fleeing motorist, but they can also help with identifying what exactly happened during the collision.
Illinois Laws Require Drivers To Give Aid To Injured Bicyclists

It is the law in Illinois for drivers to render aid to an injured bicyclist. Drivers in Illinois who are involved in a crash are legally required to:
  • Stay at the scene of the crash long enough to provide the injured party with their information; and
  • 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."

Beyond the law, there is a fundamental human need for all users of the roadways to assist one another. The act of a hit-and-run is indefensible. The driver involved in this crash should face swift and certain justice.

Thursday, January 23, 2020

Keating Law Offices Presents the 2020 Winter Bike Rally

The annual Chicago Winter Bike Rally is again presented by the bicycle lawyers at Keating Law Offices. The Winter Bike Rally is one of the Active Transportation Alliance's events to celebrate cycling in Chicago. The Winter Bike Rally is Friday, January 24 from 7:00am to 9:00am in Daley Plaza.

This year’s weather is looking better than 2019’s sub-zero temperatures yet brisk enough to proudly show your commitment to year round bike commuting. Keating Law Offices will have swag bags of winter Chicago Bike Flag gear for the first 100 winter warriors who ride to the event. 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle crashes in Chicago and throughout Illinois. In 2019 the firm recovered over $7 Million for its clients. Also in 2019 all of the firm's lawyers were recognized for their work by the prestigious Leading Lawyers network and SuperLawyers which was published in Chicago Magazine. Keating Law Offices has two locations in Chicago's Loop and on Milwaukee Avenue in West Town. 

Monday, July 1, 2019

Illinois Increases Penalties for Texting While Driving

Starting July 1, 2019 drivers in Illinois will automatically be ticketed if caught texting, looking at social media, or even holding their phone while talking. Under the previous version of the law a police officer had the authority to issue a warning to a driver. Not any more. Now a police officer who catches someone using their phone in any way other than hands free is required to issue a traffic citation. 

And it is not just phones. Here's what Illinois law says about all the devices that are banned: 

"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."

Keating Law Offices Supports New Illinois Law 

Keating Law Offices founder Mike Keating said, 
"This should have been the law since the very beginning. Some studies have shown that texting while driving is as dangerous as drinking and driving. We have seen far too many of clients injured as the result of a driver with a phone in their hand. There is an easy fix to this problem and fortunately Illinois is taking a positive step towards fixing it. It is not dramatic to say that lives depend on it." 
Mike Keating was interviewed by the Chicago Tribune regarding this new law when it was first passed by the Illinois legislature. In addition to being a personal injury and wrongful death attorney representing clients in Illinois, Mike is also worked as an attorney in Illinois' capital and is currently a Chair of the Illinois Trial Lawyers Association's Legislative Committee. 

Bicyclists Are Vulnerable 

Bicyclists and pedestrians are often referred to as "vulnerable users of the roadways." What this means is that pedestrians and bicyclists have very little protection if they get injured an accident. Unlike a car that has a steel cage, seatbelts and airbags, a pedestrian or bicyclist can get badly injured even in a "minor" collision that would be a fender bender between two cars. This is why it is particularly important that Illinois is taking these steps to reduce distracted driving in Illinois. 

Monday, March 25, 2019

E-bikes and E-Scooters Are Coming: CDOT Pushes for Electric Powered Transit

March 2019 Chicago Mayor's Bicycle Advisory Committee Meeting
The Chicago Department of Transportation is pushing the City of Chicago to implement changes that will allow for more e-bikes and e-scooters on the city's streets and in our bike lanes. This is no doubt in large part due to the City of Chicago agreeing with Lyft for the ride share giant to take over the city's successful Divvy bike share program. 

At the March 2019 Mayor's Bicycle Advisory Council meeting, CDOT officials and Lyft representatives discussed how Lyft will incorporate e-bikes into the Divvy fleet. Lyft has also played a role in pushing e-scooters onto Chicago's streets. Theses proposed CDOT changes will also allow for privately owned e-bikes and e-scooters to take the streets - and to Chicago's bike lanes. 


Lyft To Provide Divvy E-Bikes

The changes to the City of Chicago ordinance regarding "low speed electric bicycles" creates different classes of e-bikes. There will be three different classes based on whether the rider assists by pedaling and the overall speed of the bicycle. 

CDOT proposed the following: 
"Low-speed electric bicycle" means a bicycle, except equipped with an electric motor of less than 750 watts that meets the requirements of one of the following classes:  
"Class 1 low-speed electric bicycle" means a low-speed electric bicycle that weighs less than 125 pounds and is equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.  
"Class 2 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that can be used as the sole means to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour.  
"Class 3 low-speed electric bicycle" means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour, or is a Class 1 low-speed electric bicycle that weighs 125 pounds or more. 
A "low speed electric bicycle" is not a moped or a motor-driven cycle."
We are of the opinion that low-speed electric bicycles can be an asset to Chicago's bicyclists. They are particularly beneficial to those riders whose ability levels and functional levels might otherwise be limited by a pedal only bicycle. These e-bikes, if properly regulated, should integrate into Chicago bicycle system and provide greater access to everyone. 

E-Scooters

E-scooters are an entirely different device and an entirely different story. Keating Law Offices opposes CDOT's efforts to push e-scooters as an alternative to the already existing and successful bike share system. The CDOT proposal lays the groundwork for the entry of electric scooters, commonly called "e-scooters," into Chicago bike lanes. 

At the March 2019 Mayor's Bicycle Advisory Committee meeting, CDOT representatives stressed that initially e-scooters will only be those that are privately owned. But this is just a Trojan Horse plan where ultimately Lyft will be allowed to flood Chicago's streets with rentable e-scooters. 

This is the text of the proposal: 
"Low-speed electric mobility device" means a device which: (i) has no operable pedals (ii) is no more than 26 inches wide: (iii) weighs less than 100 pounds: and (iv) is powered by an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of 15 miles per hour on a paved level surface."
These e-scooters will allow anyone to ride one of these devices in Chicago's bike lanes and for kids to ride them on the city's sidewalks. But these e-scooters are not toys. The manufacturer of most e-scooters, Xiamo, states that their e-scooters can go up to 15-miles per hour. This is five times (500%) of the average person's walking speed. 

E-Scooters Are Dangerous

E-scooters have proven dangerous. A recent Journal of the American Medical Association (JAMA) article analyzed the medical records of 249 patients involved in standing electric scooter at two urban emergency rooms in Southern California between September 1, 2017 and August 31, 2018. Just as with bicycles, there are specific injury patterns:

  • The riders’ heads were the most often injured body part with 40.2% reporting a head injury. This was consistent with only 4.4% of the riders documented as wearing a helmet.
  • Fractures accounted for nearly a third of the injuries with 31.7% of riders suffering a break.
  • Other injuries such as contusions, sprains and lacerations independent of a fracture or head injury accounted for 27.7% of the documented injuries. 
Keating Law Offices Opposes E-Scooters in Bike Lanes and on Sidewalks

Keating Law Offices attorney Mike Keating was invited by the American Association for Justice to speak to trial lawyers from throughout the country at the 2019 AAJ Winter Convention in Miami. Mike's lecture was a part of Continuing Legal Education to update and inform other trial lawyers about emerging risks to our clients. Mike's subject was Bike Share and the emerging threats posed by E-Scooters. The speech was entitled "Looking Beyond Automobiles: Bicycles and Electric Scooters." 

Attorney Mike Keating, who was a vocal opponent of this proposal at the March 2019 MBAC meeting, states:
"Chicago streets are already dangerous enough for bicyclists. We already face distracted drivers, potholes, and often inadequate infrastructure. Adding unlicensed, untrained and uninsured e-scooter riders to the City's streets is a recipe for disaster. The City of Chicago cannot and should not put profits over people and allow for rentable e-scooters. These devices will lead to cluttered sidewalks, clogged bikelanes, and a legitimate public health threat." 
Mike Keating's presentation was one month before the City of Chicago proposed these changes. Keating Law Offices works to remain on the forefront of legal issues related to bicycle and pedestrian safety. The firm will continue to monitor these changes and advocate for safe streets for bicyclists and pedestrians over Lyft's business interests. 

Monday, January 7, 2019

New Illinois Traffic Law to Fight Distracted Driving Epidemic and Protect Bicyclists

Bicyclists are often referred to as "vulnerable users" of the roadways. Even the most experienced bicyclist on the most advanced bicycle is at a disadvantage if there is a crash with even the smallest motor vehicle driven by a non-attentive motorist. Sheer physics are blind and unfortunately do not take into account fairness when a collision occurs and what might be a fender bender on a car can lead to serious or even fatal injuries to the bicyclist. Bicyclists are even more vulnerable in Illinois due to the state's sheer number of citizens and its densely populated urban centers including the metropolis of Chicago. A new 2019 law is designed to combat distracted driving and help reduce crashes and protect bicyclists. 

New Illinois Law To Fight Distracted Driving


The original law in Illinois to fight distracted driving was tragically borne by the death of a downstate bicyclist who was struck and killed by a driver downloading a ringtone on her cellphone. According to the current law in Illinois, distracted driving only get a warning and zero fine the first time they are caught using their phone behind the wheel. 

Starting on July 1, 2019, Illinois drivers that pay more attention to their phones will face stiffer penalties for distracted driving. Any driver caught using a phone while driving (other than talking on the phone with a hands-free connection) will face a fine of $75 for a first offense, $100 for a second ticket, $125 for a third ticket and $150 for a fourth or subsequent ticket for distracted driving. 

Studies Confirm Threat of Distracted Driving

The American Automobile Association's (AAA) Foundation for Traffic Safety recently published a study regarding distracted drivingThe study found that 88% of all drivers believe that distracted driving is a serious problem. Most alarming, the study from the AAA Foundation shows drivers talking on a cellphone are up to four times as likely to crash while those who text are up to eight times as likely to be involved in a crash. Data from the AAA study also showed: 
  • The proportion of drivers who report talking on a cell phone regularly or fairly often when behind the wheel increased 46% in the last five years. 
  • Nearly half (49%) of drivers report recently talking on a hand-held phone while driving.
  • Nearly 35% of drivers have sent a text or email while driving. 
  • Approximately 58% of drivers say talking on a cellphone behind the wheel is a very serious threat to their personal safety, while 78 percent believe that texting is a significant danger. 
Chicago, Illinois Bicycle Attorneys

Keating Law Offices' trial attorney Mike Keating has been a tireless advocate for cyclists' rights in Illinois. Mike is the author of "Dennis' Law" and worked with the Jurs family and legislators to pass the landmark law that solidified bicyclist's rights in Illinois. Mike also serves as a Chair of the Legislative Committee for the Illinois Trial Lawyers Association where he is a also a member of the Board of Governors. Nationally he is the Chair of the Bicycle Litigation Committee for the American Association for Justice, the nation's largest trial attorney organization fighting for the rights of the injured. 

Saturday, December 29, 2018

Bike Attorney Mike Keating Appears on "Road Is Dead Podcast" to Discuss Bicycle Law

Keating Law Offices attorney Mike Keating recently appeared on the "Road is Dead" podcast to discuss legal issues surrounding bicycling. The "Road is Dead" podcast is hosted by Rob Curtis and Anthony Mikos of the Psimet Custom Wheels company and is recorded at their bike and coffee shop in Dundee, Illinois right on the banks of the Fox River. 

"The Law Episode" included fellow bicycle law attorneys Jessica Cutler from Washington state as well as Arley Kemmerer and Joe Piscitello of Piscitello Law in Philadelphia. Topics included what to do when you've been involved in a bike crash, the number of bicycle crashes and actions bicyclists can take to protect themselves when riding.  

Attorney Mike Keating of Keating Law Offices is frequently interviewed regarding legal issues surrounding bicycling. Earlier this year he participated in a CBS News Chicago story on the dangers of being doored in Chicago and the new efforts in Illinois to promote the use of the "Dutch Reach" by motorists. Mike has also appeared live on WGN News and was the focus of a 2016 CBS New Chicago story about the dangers facing cyclists. 

In addition, Mike Keating has written extensively on legal issues facing cyclists. His 2018 article on the risks posed to bicyclists injured using bike share bicycles entitled "Bike Share Roadblocks" was published in Trial Magazine which is a national magazine for trial lawyers. Mike's article "Bicycling In An Automobile's World" about the disparity between bicycle and motor vehicle infrastructure was also in Trial Magazine in 2016. The Illinois Trial Lawyers Association's Trial Journal published his article entitled "The Wheels of Change Keep Turning: Why The Popularity of Bicycling in Illinois Has Rendered Illinois Law Irrelevant" about why Illinois needs to take greater efforts to protect the growing number of bicyclists in the state.  

Mike Keating is nationally recognized as a leader in bicycle law litigation. He is the long standing Chair of the Bicycle Litigation Committee for the American Association for Justice and serves on the Board of Managers for the Illinois Trial Lawyers Association. 

Tuesday, April 3, 2018

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.

Saturday, March 11, 2017

Streetsblog Profiles Keating Law Offices' Work On Behalf of Chicago Bicyclist


Lawsuits in Cook County are never easy. But a recent Keating Law Offices' case shows that the legal system can work for someone injured in a bicycle accident. Streetsblog Chicago recently published an article on the successful resolution of a case for one of Keating Law Offices' clients. South Side bicyclist and father Andrew Berg originally filed a lawsuit "pro se" (as his own lawyer) against a motorist who struck him while he was riding in the protected bike lane on 31st Street. After the motorist failed to respond to Andrew's request for information, he filed a case in Cook County's small claims court. At that point, the driver did contact her insurance company who then aggressively moved the case to a bigger court where an arbitration was ordered by the court.

Circuit Court of Cook County Bicycle Crash Litigation

After Streetsblog ran an article on Andrew's legal plight, he contacted Keating Law Offices. We immediately agreed to help Andrew and went right to work on the case. Attorney Mike Keating said, "Handling so many bike crash cases in Chicago we know first hand that the insurance companies have good attorneys who will work aggressively on their case. If we didn't help Andrew, he would have been at a big disadvantage. By our entering the case we immediately leveled the playing field." 


Within months the case was resolved. Keating Law Offices attorney Catelyn Viggiano, who handled the case for Andrew Berg, was able to obtain an arbitration award for Andrew and then successfully settle the case for Andrew. Catelyn said, "If there's one thing I've learned in being a lawyer, no matter the case value, the feeling of obtaining justice and getting positive results for clients is always rewarding. I'm so happy we could do just that for this Chicago cyclist." The attorney for the insurance company was understanding and reasonable and helped to get the case resolved after the successful arbitration. 

Successful Result for Client 

Andrew Berg told Streetsblog about Keating Law Offices that "They said they didn’t want to leave a cyclist behind and were trying to get justice,” he said. “I’m thankful to everyone in the bike community and the attorneys for supporting me.”

The resolution of the case not only compensated Andrew for his medical bills, but also for his pain and suffering he experienced while recovering and the scar he ended up with on his elbow. Most importantly, a Chicago bicyclist was not left behind. Chicago's bicycle community and the bike attorneys at Keating Law Offices were at his side.

Wednesday, September 28, 2016

Attorney Michael Keating Profiled On Channel 2 News Story on Bike Lane Dangers

Chicago, Illinois Bicycle Litigation Attorney Michael Keating
Attorney Michael Keating was profiled in a Channel 2 News Investigation regarding the dangers facing Chicago bicyclists in the city's bike lanes. This special investigative report by report Dave Savini was broadcast in the aftermath of the deaths of Anastasia Kondrasheva and Lisa Kuivinen. Both of these Chicago bicyclists were killed while riding in marked bikeways in the city.

Anastasia Kondrasheva lost her life while riding on the North Damen bikeway and Lisa Kuivinen was killed after a collision on the Milwaukee bike lane. In another tragic similarity, both of these death involved commercial vehicles that were turning at the time of their deaths. These deaths also occurred in the midst of a tragic spate of deaths of bicyclists in Chicago as a result of collisions with motor vehicles.

Attorney Michael Keating of Keating Law Offices is a national leader in the area of bicycle litigation. The firm has successfully represented hundreds of personal injury and wrongful death cases throughout Illinois. He serves as the Chair of the Bicycle Litigation Committee for the national trial lawyers association, the American Association for Justice.

Monday, September 26, 2016

Chicago Bicyclist Killed in Right-Hook Crash on Damen at Addison

According to reports, a Chicago bicyclist was killed in a crash with a commercial vehicle during rush hour this morning. The crash occurred as the bicyclist was riding northbound on Damen Avenue and approaching Addison Street. At the same time, what has been described as a "small, flatbed" truck was also travelling northbound on Damen Avenue and was in the process of turning right onto Addison Street. The collision apparently occurred at the intersection of Damen and Addison. 

Damen Avenue is marked with "sharrows" and is part of the City of Chicago's bikeways system. The image above shows the "sharrows" just south of Addison on Damen as well as signage that shows the direction and distance for bicycles to travel to four local locations.

Right Hook Crashes Are Prohibited by Chicago Bicycle Laws

Early indications are that this is a "right hook" crash where the driver was travelling in the same direction and then turned right across the path of the bicyclist. Chicago bike laws explicitly prohibits "right hooks" by turning vehicles and is addressed in Section 9-16-020 of the Municipal Code of Chicago. The bicycle 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.” 
Certain State and Federal Laws Address Duties of Truck Drivers

Since the vehicle involved was a commercial truck, there are also specific rules and regulations that may apply to the driver. The drivers of commercial trucks are expected to be professionals and drive with the utmost care. These drivers are typically required to carry a Commercial Drivers License (CDL). These rules and regulations exist not just in state and local laws, but also in federal regulations. Here are some of the key 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.
A Loss of A Young Life

Chicago has seen a tragic number of deaths of bicyclists in 2016. It is important to remember that each of these incidents is more than a news story and certainly more than a statistic. Each of these bicyclists were a family member and friend to many. Our thoughts and prayers are with the family and friends of the young lady who lost her life in this crash. May she rest in peace. 

Monday, February 22, 2016

National Bicycle Law Attorneys Who Serve Bicyclists In All 50 States

Keating Law Offices is an Illinois-based law firm that is dedicated to representing bicyclists and their families when they or a loved one have been injured in a bicycle crash. In most instances, bicycle crashes are preventable and could have been avoided. The result of bicycle crashes are that injuries and, tragically, even deaths are common results.

At Keating Law Offices we believe that the motorists and the insurance companies who should be responsible for protecting the injured bicyclists must be held accountable. Too often the bicyclist is blamed for a bicycle accident and the insurance companies try to take advantage of this unfair bias against bicyclists. That is why we are committed to representing bicyclists who have suffered injuries in a crash. Far too often, without skilled legal representation the bicyclist is at a massive disadvantage when pitted against a giant insurance company.

One of the nation's leading bicycle litigation firms, the attorneys at Keating Law Offices have spent years fighting on behalf of bicyclists' rights. Attorney Michael S. Keating is the Chair of national trial lawyer association's Bicycle Litigation Committee. 
We work with other firms throughout the country as co-counsel on bicycle crash cases. 

As bicyclists ourselves, we work to counsel our clients and that starts with an ability to listen and be receptive to our clients' needs and desires. One of the keys to the firm's success is our sincere commitment to our clients and our desire to obtain for them the best outcome possible. Part of that unmatched commitment is our desire to communicate clearly and consistently what is happening in your case and to answer all of our client's questions.

Many times after a bicycle accident the bicyclist is left to feel not just physical harm, but emotional harm from a motorist who was not careful, or a police officer who was not unbiased, or an insurance company that put their profits ahead of the experience of an injured person. These wrongs must be made right. Call us at any time, day or night, weekdays or weekends, to begin the path towards justice.

Monday, February 1, 2016

Illinois Bicycle Attorneys at Keating Law Offices Attend Chicago Winter Bike Swap

 Keating Law Offices' Booth at Bike Swap
Attorneys from Keating Law Offices attended the Chicago Winter Bike Swap this past weekend. The firm has been a part of the Chicago Winter Bike Swap for several years going back to when the event was held at the University of Illinois at Chicago. Attorney Michael Keating, founder of Keating Law Offices, said:
"We love coming to the Chicago Winter Bike Swap and meeting with other bicyclists who are passionate about bicycling and answering questions about bicycle law. My commitment to bicyclists stems first from my personal love of bicycling and bikes. My experience as a trial attorney obviously came later. When the firm goes to events like this it is a great opportunity to combine these two passions. At the end of the day, being a part of the bicycle community in Illinois is at the very heart of what we do and who we are." 
Keating Law Offices is dedicated to representing bicyclists and their families throughout Illinois in cases related to bicycle accidents. The firm prides itself on the fact that its attorneys are involved in all aspect of bicycling and bicycle advocacy. The firm is known for providing personal and direct legal counsel and advice to bicyclists throughout Illinois. The goal of the firm is simple: "To provide legal counsel and advice at any time to bicyclists who are injured anywhere in Illinois." The Illinois Bicycle Lawyers at Keating Law Offices are always available to meet clients at their convenience.