Keating Law Obtains $500,000.00 Settlement for Injured Chicago Cyclist

In the fall of 2020 a Chicago bicyclist went on a ride on a path within a suburban nature area. As the bicyclist was riding along she struck a pole in the middle of the shared path and fell to the ground. The pole was not immediately visible because a sign that was on the pole had fallen off at some point leaving the pole difficult to notice against the trees in the background. The bicyclist suffered fractures to her face and her arm. Keating Law filed a case in the Circuit Court of Cook County and during discovery learned that the entity responsible for the path had no idea when or how the sign fell off and did not make an effort to fix it. 

Attorneys for the entity responsible for the path argued that they had no legal notice of the problem. They also argued that even though the sign fell off, the pole was still "open and obvious." They argued that because no one else had run into the sign, that they were not totally to blame and that the bicyclist should have noticed the pole even if it did not have the sign on it. 

The defense argued that the remaining pole was "open and obvious." The "open and obvious" defense is a common defense used by insurance defense attorneys to try and deflect blame from negligent property owners and deflect it onto injured people. This defense provides that a defendant has no duty to protect against a condition that is both open and obvious. The open and obvious doctrine can be a powerful defense if they can show the court that the defect really was both open and obvious to the bicyclist. 

Keating Law engaged in extensive litigation in the case and hired an expert human factors expert. A human factors expert is someone who can explain how it can be difficult for a person - in this case a bicyclist - to see objects. In this case the human factors expert was able to explain that a dark colored vertical pole amid a background of dark colored vertical trees would be essentially camouflauged and difficult for anyone to notice. After three years of litigation the matter was resolved in a mediation with a retired judge as a trial in the Circuit Court of Cook County was approaching. Prior to the mediation there was no offer at all to resolve the case. 

This settlement will allow the injured bicyclist funds to cover all of their medical treatment, cover their loss of a normal life during their recovery, and help them have a foundation to move forward with their life in the most positive way possible. This was a very deserving client and it was an honor to represent them during this difficult time. 

$300,000.00 Settlement for Injured Triathlete Shows Importance of Fighting for Underinsured Motorist Insurance Coverage

Last spring on a beautiful day a local bicyclist and her adult daughter went on a bicycle ride through Naperville. Their pleasant day was cut short when a motorist failed to notice them and turned immediately in front of the bicyclists. The daughter was able to avoid the driver but the other bicyclist slammed into the side of the motor vehicle and was thrown off of her bicycle. She landed hard and struck her head in the process.

 

The Naperville police issued a citation to the motorist for failing to yield the right of way to the bicyclists. The driver of the motor vehicle - who had a troubled history of traffic tickets - pled guilty to the ticket in court and was fined and sentenced to supervision. 

The bicyclist was taken by ambulance to the hospital. Radiological exams later showed that the bicyclist suffered severe injuries including a lacerated spleen and a fractured left rib. The exams also showed some bleeding in the brain but doctors later considered this condition to be the result of a pre-existing condition and not necessarily directly related to the crash. The bicyclist was required to stay in the hospital for days while under observation, a circumstance made even more painful when she couldn't have any visitors due to Covid-19 precautions at the hospital. 

Underinsured Motorist Coverage 

The insurance company for the driver immediately paid the $100,000.00 policy limits for the claim. The driver was clearly at fault and the bicyclist suffered serious injuries. However, this case became complicated when pursuing additional insurance. 

The bicyclist and her husband also had what is known as Underinsured Motorist Coverage as a part of their insurance coverage with their insurance company. This Underinsured Motorist Coverage is for exactly this type of situation where the settlement value of the insurance claim far exceeded the $100,000.00 available through the driver's insurance company. In this instance the injured bicyclist was eligible for an additional $200,000.00 in insurance coverage. 

As her attorneys on the case, we immediately made what is known as a "policy limits demand" of the bicyclist's insurance company. In Illinois, the Illinois Insurance Code requires insurance companies to promptly pay valid claims. However, in this instance the bicyclist's insurance company attempted to claim that because the brain issue may have been pre-existing, that they did not have to provide insurance coverage. The insurance company flat out denied the claim.

Attorney Mike Keating refused to accept this argument and the denial. The reality is that in Illinois our laws provide protections for injured persons even in a situation such as this. What the insurance company failed to take into account was that the bicyclist was a nationally ranked triathlete in her age group. She obviously was not suffering from any kind of ailment. In other words, the insurance company was trying to take advantage of the situation to not pay the claim. 

Illinois Law on Pre-Existing Injuries

In law school we are taught about the "egg shell skulled" injured person. This old analogy is used to teach that even if someone is very fragile, an insurance company should not argue that an injury happened because of who they are. If they're legitimately injured, they're legitimately injured and the insurance company should provide insurance coverage to compensate the injured person. For example, you can't compare a senior citizen to an N.F.L. linebacker. 

Insurance companies are required to follow the personal injury laws in Illinois. In Illinois the law is that an injury can be proven to be "caused" by an incident even if it is a combination of factors that cause the injury. This is what is known as "proximate cause" and in Illinois the definition of that is "A cause that, in the natural or ordinary course of events, produced the plaintiff's injury. It need not be the only cause, nor the last or nearest cause. It is sufficient if it combines with another cause resulting in the injury.” In this case it was the pre-existing condition combined with the crash that led to the injuries. 

Moreover, in Illinois an insurance company can not claim that an injury was "only an aggravation" or "just a pre-existing condition" that caused the injury. If the injured person legitimately gets hurt, then the insurance company should provide coverage. This is how Illinois law is written on this issue, "You may not deny or limit the plaintiff's right to damages resulting from this occurrence because any injury resulted from an aggravation of a pre-existing condition or a pre-existing condition which rendered the plaintiff more susceptible to injury.”

Experienced Attorneys Are Here To Help

This case was a prime example of where experience and dedication to the case made all the difference. Refusing to "accept no for an answer" and continuously pushing back on the insurance company's misguided evaluation made a substantial difference to this client. Also, by aggressively pursuing the case from the onset both insurance claims were resolved relatively quickly given these issues. 

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. 

Chicago Bicyclist Receives $295,000.00 Settlement for Personal Injury Claim After Right Hook by Taxicab Caught on Tape

CDOT Footage Showed Bicyclist Struck By Turning Taxi

A Chicago bicyclist suffered a broken collarbone and a fractured rib when he was "right hooked" by the driver of a taxicab in 2015. The bicycle crash occurred at the intersection of Kinzie Street and LaSalle Street in the River North neighborhood. At the time of the crash the bicyclist was riding westbound in the bike lane on Kinzie Street. At the same time, the cab driver was driving west on Kinzie and attempting to make a right-hand turn onto northbound LaSalle Street.

Bicycle Crash Captured on CDOT Surveillance Camera

The driver of the cab, despite the presence of the Kinzie bike lane, never checked for bicycle traffic and turned right immediately across the bicyclist. The bicyclist was thrown from his bicycle onto the roadway as a result of the impact. The attorneys at Keating Law Offices were able to obtain video footage from the City of Chicago by immediately requesting it. Nearby Chicago Department of Transportation cameras captured the incident and this photograph depicts the moment the bicyclist was thrown threw the air after he was ejected from his bicycle. 

Taxicab Driver Violated Chicago Bike Laws With "Right Hook" Turn

The operator of the taxicab violated state and local traffic laws in making this turn. In Chicago the Municipal Code addresses this scenario. Section 9-16-020 specifically prohibits right turns in front of bicycles. The infographic below details right-hook and left-hook bicycle crashes. The Chicago bicycle law 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 a law firm that focuses on representing victims of bicycle crashes, right-hook collisions like this are common, especially in congested areas like River North. 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 right-hook collision ensues.

The key words in Section 9-16-020 of the Chicago Municipal Code are "until such vehicle has overtaken and is safely clear of the bicycle." The weight of these words are that it is incumbent upon the taxi cab driver to be absolutely certain that the path is clear before initiating a right turn. A taxicab driver is also supposed to be a "professional driver" and operating their vehicle to to meet the highest standards. 

The injuries from this crash were very severe and required extensive treatment. The bicyclist's fractured collarbone had to be surgically repaired and the other injuries took a long time to heal. During this time the bicyclist was not able to work and lost wages that he otherwise would have earned. Fortunately, this financial settlement of $295,000.00 does more than compensate the bicyclist for his medical bills and lost wages from when he couldn't work. This settlement takes into account the severity of the injury and provides compensation for the pain and suffering and loss of a normal life he experienced as a result of his injuries. 

Keating Law Offices Has A History Of Prosecuting Taxicab and Rideshare Cases

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm has extensive experience handling cases again taxi cab companies and ride share companies like Uber and Lyft for bicycle accidents caused by their drivers. 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. 

Chicago Bicyclist Receives Settlement From CTA For Injuries Sustained In Crash With CTA Bus

The Illinois Bicycle Lawyers at Keating Law Offices have settled a substantial personal injury claim against the Chicago Transit Authority on behalf of a bicyclist injured in the Ukranian Village in the summer of 2014. The crash occurred when the bicyclist was riding her bicycle southbound on North Western Avenue near its intersection with Walton Street. At the same time, the defendant was operating a CTA bus southbound on North Western Avenue behind the cyclist. The defendant attempted to pass the cyclist by going around her on her left, and in doing so, the CTA bus made contact with the cyclist’s elbow. 

Personal Injuries From Bike Crash

The violence of the collision threw her off-balance and she eventually crashed to the ground. She was hurled so violently against the pavement that one of her injuries required surgery to resolve. The cyclist underwent a surgical procedure known as a "left subcutaneous ulnar nerve transposition surgery." Afterwards, her left arm was immobilized with a splint for several weeks following the surgery. She was left with a large visible permanent scar on her left arm which impacted her life as a model and a dancer. Additionally, she continued to experience weakness, pain, and numbness at the location of the scar for 18 months after the accident. 

Instead of attempting to work with the cyclist to compensate her for the damages she suffered due to the defendant’s negligence, the CTA claimed that the cyclist was at fault. They claimed she failed to control her bike, failed to ride as close to the curb as possible, failed to stay in her lane, failed to keep a proper lookout, and failed to take evasive action to avoid an accident.

Personal Injury Lawsuit Filed To Protect Rights of Chicago Bicyclist

She knew she needed help and she reached out to the Illinois Bicycle Lawyers at Keating Law Offices who filed a lawsuit on her behalf in the Circuit Court of Cook County. Through diligent investigation, they uncovered that the CTA’s own transportation manager found that the defendant violated their Standard Operating Procedures in a multitude of ways ranging from the protocols for attention to duty, the defensive driving guide, mirror adjustment and use, and passing and being passed. Additionally, they found evidence that the defendant violated portions of the Municipal Code of Chicago as well as the Illinois Motor Vehicle Code.

Using their advocacy skills, the Illinois Bicycle Lawyers at Keating Law Offices were able to recover a substantial settlement from the CTA for this injured Chicago bicyclist. The settlement was reached without having to resort to filing a lawsuit and will fully compensate the bicyclist for her medical bills, time off from work, and her pain and suffering.

Contact Keating Law Offices At Any Time

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.

The Leading Bicycle Accident Attorneys in Illinois

Keating Law Offices is the premier personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. Keating Law Offices has successfully obtained compensation for hundreds of bicycle injury victims across Illinois. The firm's bicycle accident attorneys are always available to review your case with absolutely no risk or obligation to you. The firm's mission is to do everything possible to obtain you the maximum amount for the injuries you sustained. In the event that no recovery can be made for you, our legal services are absolutely free.

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.

Chicago Bicyclist Received Insurance Settlement After SUV Driver Swerves Into Him

The Illinois Bicycle Lawyers at Keating Law Offices have settled a substantial personal injury claim of $50,000.00 on behalf of a bicyclist injured in the Gold Coast this summer. The crash occurred when the bicyclist was riding his bicycle eastbound on West Oak Street and approaching its intersection with North LaSalle Street. At the same time the driver of a luxury SUV erratically attempted to go around the car in front him and swerved directly into the bicyclist’s path. The motorist illegally struck the bicycle by sideswiping him. The force of this collision forced the bicyclists off his bike and as result he suffered a dislocated left shoulder.

The Illinois Bicycle Lawyers at Keating Law Offices Serve Cyclists Throughout Chicago and the State of Illinois

This bicyclist’s injuries were so severe that he was immediately transported via ambulance by Chicago Fire Department paramedics to Northwestern Memorial Hospital emergency room. The ambulance report showed that the bicyclist had a deformity to his left shoulder. An x-ray confirmed dislocation of the bicyclist’s left shoulder and he had to have his shoulder reset. Upon leaving Northwestern this bicyclist knew he needed help. He reached out to the Illinois Bicycle Lawyers at Keating Law Offices were able to recover a settlement of $50,000.00 for this injured Chicago bicyclist. This is a substantial settlement for an injury that fortunately did not require surgery and the bicyclist's recovery was without any complications. The settlement was also reached without having to resort to filing a lawsuit and will fully compensate the bicyclist for his medical bills, time off from work, and his pain and suffering.

City of Chicago Laws Provide Protection to Bicyclists

In this case, the motorist violated a Chicago Municipal Code statute that protect bicyclists throughout the city. Section 9-40-160 of the Chicago Municipal Code states that “every driver of a vehicle shall exercise due care to avoid colliding with …any person operating a bicycle…upon any roadway, and shall give warning by sounding the horn when necessary.” (See Section 9-40-160 of the Chicago Municipal Code.)

Without any warning or signal the motorist and his luxury SUV attempted to swerve around a vehicle directly in front of him to continue eastbound on West Oak Street. With no time for the bicyclist to react, he was violently struck from the side and injured. As a result of the crash, the bicyclist was thrown off his bicycle, injuring his left shoulder. It was very important for the Illinois Bicycle Lawyers at Keating Law Offices to recover as much money as possible from the motorist’s insurance company based on the injuries to this rider’s left shoulder and we are proud to have done so.

Contact Keating Law Offices At Any Time

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.

The Leading Bicycle Accident Attorneys in Illinois

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. Keating Law Offices has successfully obtained compensation for hundreds of bicycle injury victims across Illinois.  The firm's bicycle accident attorneys are always available to review your case with absolutely no risk or obligation to you. The firm's mission is to do everything possible to obtain you the maximum amount for the injuries you sustained. In the event that no recovery can be made for you, our legal services are absolutely free at all times. 

Scofflaw Driver Claims "Ghost Car" Causes Crash That Severely Injures Two Bicyclists

Driving record of offending motorist who claimed a "ghost car" caused Illinois bike crash. 

A driver with a long and troubled history of traffic violations tried to claim that it was a "ghost car" that caused a bicycle crash in August of 2015 that seriously injured two bicyclists. "Ghost cars" or "phantom vehicles" are terms that lawyers and police officers use to describe mythical cars that only drivers who are suspects in crashes conveniently see before a collision. "Ghost cars," like a mythical figure, only appear momentarily before disappearing forever. "Ghost cars" also drive erratically and force other drivers to swerve out of their way but unfortunately into something or someone else. 

The Legend of the "Ghost Car" in Vehicle Accident Cases

The motorist who struck two Chicago-area competitive cyclists in late summer of claimed that the crash was caused by a "ghost car." The driver and the cyclist were traveling in the same direction on a major road in the far northern suburbs when the driver swerved over the fog line and onto the shoulder of the road where the two bicyclists were riding. The driver struck both bicyclists and caused serious injuries. 

Fortunately for the cyclists, there were two other witnesses to the crash and a responding police officer who wrote in his report that he did not find "credible evidence" of the ghost car. The problem with stories like this is that the insurance companies will often latch onto stories like this and use it as an excuse to delay a claim or deny it entirely while they "complete their investigation." In all cases an insurance company does have a duty and responsibility to investigate all claims. It's part of their job. But when the facts of the case are so overwhelmingly in favor of the injured person, the claim of an "investigation" becomes nothing more than an excuse to use the Three Ds Of Insurance Defense: Deny, Delay & Don't Pay. 

Our law firm was in contact with the responding police officer and the local county prosecutors' office right away. In the course of our investigation it was learned that the driver had received SIX separate traffic citations within five years. The driver was originally charged with a simple traffic violation, but Lake County prosecutors were encouraged by our firm and the responding police officer to pursue more serious charges given the extreme misconduct of the driver and the fact that serious injuries were sustained. The prosecutors made the decision to drop the misdemeanor traffic ticket and are preparing to file felony traffic charges against the motorist for the crash itself and his claims at the scene about the "ghost car." 

Illinois Laws Provide Bicyclists Protection on all Illinois Roadways

The improper lane change by this motorist on a state roadway violated Section 11-709 of the Illinois Vehicle Code. It is important to note that cyclists have the same rights on all state roads as motorists.

Section 11-709 of the Illinois Vehicle Code states that “a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (625 ILCS 5/11-709).

As evidenced by this collision in August of 2015, there was no dispute that it was unsafe for this motorist to move his vehicle from the left lane of Illinois Route 120 to the right lane and directly into the path of the cyclist himself and his bicycle, striking him and causing serious personal injuries.

Keating Law Offices Works To Protect Cyclists Throughout The State of Illinois

The injured bicyclist in this case was represented by attorneys Michael Keating of Keating Law Offices. The cyclist is a member of a local road bike racing team focused on road cycling and triathlon competitions. Given the extremely competitive nature of road bicycle racing, this cyclist will have residual negative effects of a decline in his training level that will permeate into the 2016 season. It was very important for the Illinois Bicycle Lawyers at Keating Law Offices to recover the maximum amount of money available from State Farm on behalf of this injured competitive cyclist and we are proud to have done so.

Bicycle Crash Lawyers

If you have been injured in a bicycle accident, it is important that your get as much information as possible right away regarding your legal options. 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. 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.

Lawsuit On Behalf of Injured Chicago Bicycle Messenger Settled for $100,000.00

The Illinois Bicycle Lawyers at Keating Law Offices have settled a personal injury lawsuit filed on behalf of a Chicago bicyclist for $100,000.00. This amount represents the full amount of the State Farm Insurance policy for the motorist who struck the bicyclist and caused her injuries in November of 2014. State Farm had originally denied any responsibility in this case and the bicyclist was forced to file a lawsuit against the driver in the Circuit Court of Cook County. After only six months of litigation the attorney for the driver agreed to have State Farm Insurance settle the case for every penny available from the insurance company.

The motorist caused the collision when she attempted to accelerate past the bike messenger as both traveled southbound on Lakewood Avenue in Chicago’s Lakeview neighborhood. The record in the case indicated that the motorist struck the bicyclist’s rear tire at approximately 25 to 30 miles per hour and ejected her forward. The bike messenger was violently thrown off her bicycle and onto the pavement of Lakewood Avenue due to the force of the impact. Due to the severity and speed of the crash, the bike messenger suffered fractures of her radius and ulna bones in her right arm at the wrist, as well as shredded her tendons. She also smacked her forehead on the pavement as she crash-landed.

The Chicago Police Department ticketed the motorist for her failure to exercise due care because she collided with the bicyclist in the roadway. It was a clear violation of Section 9-40-160 of the Chicago Municipal Code, which affords bicyclists the same rights as motorists on the road.

Chicago Bicycle Laws Provide Bicyclists Protection On City Streets

Motorists must be aware of bicyclists on the road at all times and a failure to “not see the bicyclist” until it is too late is no excuse. Section 9-40-160 of the Chicago Municipal Code provides the following protection to bicyclists on the roadway:

"Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway, and shall give warning by sounding the horn when necessary…"

Chicago Bicycle Lawyers Successfully Resolve Case After Filing Lawsuit

Despite the Chicago Police Department finding the motorist at-fault and the ruling of a Cook County Traffic Court judge determining the motorist was guilty for a failure to exercise due care in this collision, the insurance company for the motorist refused to offer any money in settlement when negotiations first began. The claim by the motorist was that the bicyclist pulled in front of the motorist and the crash was not only unavoidable, but actually the bicyclist's fault. The insurance company for the motorist believed the bicyclist was at-fault because they claimed that and offered nothing prior to the Illinois Bicycle Lawyers at Keating Law Offices filing a lawsuit against the motorist in the Circuit Court of Cook County.

After filing suit on behalf of this injured bike messenger and six months of contested litigation, the Illinois Bicycle Lawyers at Keating Law Offices were successful in obtaining the insurance policy limits for the injured bike messenger – $100,000.00 – in settlement.

Bicycle Crash Lawyers

If you have been injured in a bicycle accident, it is important that your get as much information as possible right away regarding your legal options. Keating Law Offices is the premier 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.

Denied Claim for Rockford Bicyclist Ultimately Results in $100,000.00 Settlement

Illinois Bicycle Law

In 2011 a Rockford bicyclist was out on a ride for exercise. A diagnosed diabetic, the bicyclist had used bicycling as a way to stay in shape and maintain his weight. Through proper diet and regular exercise from bicycling, the bicyclist's doctor said that his diabetes was "under control" and the bicyclist was a "model patient." However, his life took a drastic turn when he was struck by a car and suffered a nerve injury to his face. 

Failure to Stop At Stop Sign Leads to Collision

The crash occurred when the bicyclist approached the roadway from a bike path. There was a stop sign for bicycle traffic on the path and the bicyclist came to a complete stop. He rode into the intersection to continue onto the bike path and was struck by a car that made a quick lane change from across another lane in a last-second attempt to turn. The motorist later admitted he was late in realizing he wanted to make a turn and crashed into the bicyclist. 

Serious Injuries from Bicycle Crashes

The impact from the crash threw the bicyclist from his bike and he landed face first. The impact was so substantial that the bike helmet was completely destroyed. The impact of the helmet pushed into the bicyclist's upper face and caused a nerve injury to what is known as the trigeminal nerve. This nerve helps control function in the bottom, middle, and top of a person's face. It is a slow-healing injury that has an unknown recovery. 

The offending motorist, although accountable for his actions, was nonetheless responsible for violating numerous Rules of the Road. The responding police office cited the motorist for failing to yield the right-of-way to the bicyclist in the intersection. In addition, the motorist
violated Section 11-1003.1 of the Illinois Vehicle Code in causing the collision. Section 1003.1 requires that drivers of vehicles exercise due care to avoid colliding with any person operating a bicycle. (625 ILCS 5/11-1003.1).

Bicycle Accident Case

What seems like a "clear cut" case became complicated when the insurance adjuster handling the claim for the motorist's insurance company denied the claim. Her reason for denying the claim? She thought it was not possible that a bike helmet forced into a person's face could cause nerve damage. Her personal opinion (keep in mind the claims adjuster is not a doctor) was that the diabetes most likely caused the nerve injury even though there was nothing in the medical records to substantiate this "diagnosis." 

The Illinois Bicycle Lawyers at Keating Law Offices were forced to file a lawsuit in Winnebago County to protect the interests of the bicyclist. After two years of litigation the case finally settled after the bicyclist's doctor and the expert neurologist hired by our firm testified that the nerve injury was from the bike crash. The expert neurologist was even able to demonstrate how the point of injury was exactly aligned with where the helmet impacted the bicyclist's face in the crash. 

The case ultimately settled for $100,000.00 which represents the full amount of the motorist's insurance policy. This was also the very same amount that the injured bicyclist agreed to accept - before the insurance company forced him to file a lawsuit against their own insured. 

The case is another example of how when a crash happens and you are injured, even if it is not your fault, that does not mean the insurance company will look out for your best interest. The people handling your claim are claims adjusters, not claims payers. Their job is to do what they can to try and convince you to take less than you are owed. The insurance company will always do what it can to protect its own interest. But Keating Law Offices will always do what we can to make sure that every opportunity is given to injured bicyclists. We will do what we can to assist any bicyclist injured anywhere in Illinois at any time.

Illinois Bicycle Attorneys at Keating Law Offices

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.

Chicago Bicycle Accident Victim Receives Settlement for Personal Injury Case

The Illinois Bicycle Lawyers at Keating Law Offices have obtained a substantial insurance settlement on behalf of a local student and restaurant employee for injuries he sustained when he was struck by a car at the intersection of North Racine Avenue and West School Street in Chicago’s Lakeview neighborhood.

Bicycle Crashes Frequently Lead To Injuries

The bicyclist was traveling eastbound on West School Street at the time of the crash, heading to his job as a bartender and waiter at a popular restaurant in the Lakeview neighborhood. The collision occurred when the driver attempted to accelerate northbound through the intersection of North Racine Avenue and West School Street and collided directly into the bicyclist’s entire right side.

The bicyclist was physically crushed due to the force of the impact. This collision knocked the bicyclist off of his bike and threw him to the ground. Before hitting the ground, the bicyclist instinctively put out hand and the impact broke his wrist. Due to the severity and speed of the crash caused by the driver, the bicyclist suffered what doctors refer to as an acute, comminuted intra-articular fracture of radius bone in the right wrist.

Chicago Bike Law Requires Drivers To Drive Carefully Near Bicyclists

Chicago's Municipal Code makes moves like the one by this driver illegal. Chicago generally requires all motorists to "exercise" due care around bicyclists. Here is the language of the ordinance regarding a driver's responsibility to "exercise due care":

9-40-160 Drivers to exercise due care.Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway, and shall give warning by sounding the horn when necessary…

Chicago, Illinois Bike Law Attorneys

As a result of the attorneys at Keating Law Offices protecting the rights of bicyclists in Chicago and throughout Illinois, we were able to demonstrate to the insurance company for the at-fault driver that this was a significant claim. Ultimately, this insurance settlement compensated the injured bicyclist for all of his medical bills, lost wages from having to miss work, pain and suffering, and loss of a normal life from being unable to use his right wrist for a number of weeks. This out-of-court settlement allowed this claim to be resolved without lawsuit and still for the optimal outcome for the bicyclist.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (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.

Victim of Dooring in Lincoln Park Receives Insurance Settlement

A Chicago bicyclist who was doored on Diversey Parkway in June of 2014 has received a substantial settlement from the insurance company for the driver that caused her injuries. The dooring occurred as the bicyclist was riding eastbound on Diversey towards its intersection with Sheffield Avenue in Lincoln Park. At the same time the driver had just parked her vehicle on Diversey and swung her driver’s door open into the designated bike lane where the bicyclist was unable to avoid the collision.

As a result of the collision with the door and the landing after the impact, the bicyclist suffered numerous injuries including a broken foot. It is troubling that bicycle accidents from doorings still occur in areas like Lincoln Park where there are designated bike lanes and consistent bicycle traffic. The law in Illinois generally and Chicago specifically make the act of dooring illegal. Section 11-1407 of the Illinois Vehicle Code and Section 9-80-035 of Municipal Code of Chicago address this issue with the same statutory language:

"No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

As with almost all doorings, this one could have been avoided had the driver simply checked over her shoulder and her mirror and looked for bicycles that could be expected down the dedicated bike lane. This seemingly simple failure resulted in a bad injury to a young student who ended up with a broken foot, a pile of medical bills, and missed time from work. This insurance settlement for the bicycle accident more than compensates the bicyclist for her medical bills and missed time from work and also compensates her for the pain and suffering she went through while recovering from her injuries. 

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.

Lawsuit Against Two Separate Drivers Settled Prior to Trial

The Illinois Bicycle Law Shield - Protecting Bicyclists

Keating Law Offices has successfully received two separate settlements on behalf of a cyclist who was injured after being struck by a car while waiting at a red light. The reason for two settlements was the fact that there were two cars involved in an intersection collision that caused one of the cars to careen off and strike the bicyclist. 

Naperville Bicyclist Victim Of Drivers' Poor Decisions

Just prior to the bike accident, the bicyclist was travelling on Mill Street and was stopped at a red light on Ogden Avenue, a main street that runs from Chicago through the western suburbs. While the bicyclist was stopped at the red light, the motor vehicle collision involving the two cars was unfolding in front of him. One driver was traveling west on Ogden Avenue and waiting for traffic to clear before making her left turn southbound onto Mill Street. At the same time a motorist driving a car eastbound was proceeding through the same intersection of Ogden and Mill.

The lawsuit first alleged that the motor vehicle collision occurred when the westbound driver from Ogden did not yield and turned in front of the eastbound driver. The lawsuit further alleged that the the eastbound driver did not reduce speed as it neared the intersection and did not stop prior to impact. In simple terms, the lawsuit alleged that the negligent actions of both drivers led to this car crash that sent the eastbound driver's car careening into the bicyclist.

Insurance Settlements For Bicycle Accidents

Settlements such as this are not uncommon. It is important to note that in filing a lawsuit against two drivers that there does not have to be a "50/50" situation where both motorists are equally at fault. In this instance, it was alleged that the left-turning motorist was primarily at fault. However, the oncoming motorist was at least partially responsible for not slowing as the car approached the intersection or otherwise having enough control of the vehicle to stop prior to impact. 

The left-turning westbound motorist was ticketed for failure to yield the right-of-way. The attorneys from Keating Law Offices attended the traffic court date to assist the bicyclist. The bicyclist, an experienced and successful competitive rider, was thrown from his bike and his head hit the curb after being struck by the careening vehicle.  Immediately after the bicycle accident, the bicyclist was taken by ambulance to the emergency room where he required additional treatment. The bicyclist also suffered dental injuries that required oral surgery.

Bicycle Crash Settlements Help Injured Bicyclists Move Forward

These two settlements allowed the injured bicyclist to be fully compensated for his medical bills, time lost from work, and also to receive a substantial amount of compensation for his pain and suffering from this crash. This lawsuit in the DuPage County Circuit Court was prolonged by the fact that the two insurance companies for each driver were "pointing their finger" at the other driver for who was responsible. While there was no argument that the bicyclist in any way did anything wrong, there were arguments as to how much each of the two drivers was liable and to what extent the bicyclist was injured. But by consistent advocacy on behalf of the bicyclist, the firm was able to make certain that the best interests of its client were taken care of in resolving this case.

Illinois Bicycle Lawyers at Keating Law Offices

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.

Insurance Claim Settled for USAT Triathlete Injured In Left Hook

A nationally ranked triathlete from Chicago's western suburbs has received a substantial insurance settlement for injuries she sustained in a bicycle accident when she was struck by a school bus while on a training ride. At the time of the crash, the injured triathlete had just competed in the United States of America Triathlon (USAT) Olympic Distance National Championships in Milwaukee in August 2014. The injuries from the bicycle crash caused her to miss several crucial weeks of training. 

The collision with the school bus occurred in October of 2014 in Willowbrook. Immediately prior to the bicycle crash, the bicyclist was on a training ride northbound on Clarendon Hills Road towards 79th Street. This was a well-known route to the rider as a part of her training routine. At the same time, the school bus was travelling southbound in the opposite direction. With no warning, the driver of the school bus made a "left hook" and turned th school bus left immediately in front of the bicyclist as the bus was traveling southbound on Clarendon Hills Road. With no time to stop, the bicyclist crashed into the school bus. 

A "left hook," where an oncoming motorist turns left in front of a bicyclist, is explicitly prohibited by Illinois law. Section 11-902 of the Illinois Rules of the Road requires a motorist making a left-hand turn to yield to oncoming traffic. A left turn may only be made when it is safe to do so. Simple logic dictates that anytime a collision occurs as a result of the "left hook," that was not a safe time for the motorist to make a turn. 

The injured bicyclist sustained a wrist injury in the crash that requires medical treatment as well as bruising and road rash. As significantly, she missed crucial weeks of training leading up to the 2015 competitive season. This lost time from doing life's regular activities is what is known under the law as "loss of a normal life." In the instance of this triathlete, her normal life was very different from the average person's normal life. This bicyclist's normal life involved daily training and intense physical activity. As a result, we were able to make a very persuasive argument to the insurance company for the school bus that this was a significant claim. Ultimately, this insurance settlement compensated the injured bicyclist for all of her medical bills, pain and suffering, and contributed to compensating her for her loss of a normal life. 

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.

Victim of Right-Hook Bicycle Accident Receives Settlement

A Chicago bicyclist who originally had his claim "denied" by an insurance company has ultimately received a substantial settlement from the same insurance company. The situation began early last winter when the Chicago bicyclist was riding on Lincoln Avenue. As the bicyclist was riding along Lincoln Avenue, a car traveling in the same direction "right hooked" the bicyclist. A "right hook" is when a motor vehicle traveling in the same direction as a bicycle turns right over the bicyclist as a part of the motor vehicle making a right-hand turn. 

As a result of the bicycle accident, the bicyclist was thrown from his bicycle and forcefully struck his body on the front passenger quarter-panel of the car. The bicyclist then violently landed on the pavement on his right side. The majority of the impact with the pavement was sustained by the right side of the bicyclist's head and jaw.

The bicyclist was transported to the emergency room at Advocate Illinois Masonic Hospital where he was diagnosed with a head injury, facial contusion, left knee sprain and multiple body contusions. The facial injuries required follow-up care with a specialist and the body injuries left the bicyclist unable to ride for a month. Perhaps worst of all, due to the jaw injuries, he was forced to only eat soft foods while his jaw healed.

Despite the fact that the driver of the motor vehicle caused the crash, the insurance company for the driver denied the claim when they were contacted by the bicyclist. An insurance company "denies" a claim when they feel that either their driver was not responsible for the bike accident or that the injuries claimed are not related to the crash. In this case, the insurance company tried to shift the blame to the injured bicyclist.

The injured bicyclist then contacted the Illinois Bicycle Lawyers at Keating Law Offices who agreed to represent the bicyclist in his claim. The firm was able to quickly engage the insurance company and present the bicyclist for a sworn statement where he was able to clarify that the bicycle accident was in no way his fault. Soon thereafter, the insurance company resolved the claim.

The injured bicyclist, who we will identify as only M.V. due to attorney-client confidentiality, was kind enough to send the firm an email thanking us for our efforts and the result. With his permission, he expressed the following:

"I did get the final settlement in the mail today and just wanted to thank you again. As you are aware, I originally thought that this incident would work itself out, and was something that I'd be able to handle on my own, but after an insurance company tried to blame me for the accident, and the back and forth over so many seemingly minor details, I'm confident in saying that I couldn't have gotten through this without you. You were thorough, responsive and most importantly, became someone that I trust.

With any luck, there won't be a need for me to work with you again, but wanted to wish you all the best in the future. Thanks again."

In the end, justice was served, and on top of it, our client was pleased with the result. Righting wrongs and helping injured bicyclists is the fundamental mission of this firm. It is always rewarding to come through for the client.

Keating Law Offices is one of the nation's leading firms that concentrates its practice in representing bicyclists injured in a bike accident. The firm represents more bicyclists in cases pending in Illinois courts than any other law firm in Illinois. 

Lawsuit Filed On Behalf Of Bicyclist Injured In Dooring Settled On Eve Of Trial

Attorney Michael S. Keating, one of the Illinois Bicycle Lawyers at Keating Law Offices, has successfully resolved a lawsuit that was filed on behalf of an injured Chicago bicyclist. The lawsuit stemmed from injuries the bicyclist sustained when the rider was doored while bicycling in a marked bike lane in Chicago. The lawsuit was settled for $80,000.00 on the eve of a pending jury trial in the Circuit Court of Cook County. 

The total settlement of $80,000.00 provides the injured bicyclist compensation for the approximately $15,000.00 in medical expenses incurred as well as an additional $65,000.00 for pain and suffering and the loss of a normal life the bicyclist experienced as a result of the injuries. “Loss of a normal life” is a compensable damage under Illinois law that is defined as “the temporary or permanent diminished ability to enjoy life,” and “includes a person’s inability to pursue the pleasurable aspects of life.” Examples of a loss of a normal life include difficulty with sleeping, enjoying hobbies, or even something as simple as an interruption of your regular social life.

The act of "dooring," where a motorist opens their vehicle door into the path of a bicyclist, is specifically outlawed in Chicago. Section 9-80-035 of the Municipal Code of Chicago states:

"No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

Keating Law Offices is one of the nation's leading firms that concentrates its practice in representing bicyclists injured in a bike accident. The firm represents more bicyclists in cases pending in Illinois courts than any other law firm in Illinois. 

Claim for Riverside Bicycle Commuter Settled for $100,000.00 Insurance Policy Limits

Aerial photograph of area in Riverside, IL where a bicycle commuter was injured in bike accident.

The Illinois Bicycle Lawyers at Keating Law Offices have recovered the entire amount of the insurance policy limits for a Riverside bicycle commuter who was severely injured in a bicycle collision last June. The bicyclist regularly commuted via bicycle from her home in Riverside to her job in Berwyn at a healthcare facility. The collision occurred as she was riding her regular route to her Riverside home.

On June 17th she was riding near the Riverside Metra station and crossing Longcommon Road in the crosswalk. At the same time, a teenage driver inexplicably sped northbound on Longcommon Road towards the crosswalk. The motorist struck the bicyclist in the crosswalk in the rear tire of her bicycle. The force of this impact projected the bicyclist from her bicycle. She then landed on the pavement and violently struck her head and face. She was taken by ambulance to a local hospital where she received medical care. She continued to receive follow-up medical care for months after the collision.

The responding Riverside Police Department officer issued the motorist a traffic citation for violating Section 11-1002 of the Illinois Vehicle Code. Section 11-1002 states that: 

“[w]hen traffic control signals are not in place…the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling…”

Attorney Mike Keating attended traffic court at the Maywood courthouse with the injured bicyclist. It is critically important that injured bicyclists attend traffic court to ensure that all available testimony is available to assist prosecutors in pursuing charges against the at-fault motorists. In this particular case, the motorist was accountable for his actions when faced with the prospect of a trial. He pled guilty in court to the charges and thereafter personally apologized to the injured bicyclist. 

This claim was able to be quickly resolved for the available $100,000.00 policy limits from the national insurance carrier that is not known for quick or fair resolutions to claims. Ultimately, this was the best possible financial resolution in the case. We continue to assist the client with obtaining all of the medical attention she requires by working with her health care providers and her health insurance company.

Claim for Chicago Bicyclist Struck by Driver Who Ran Red Light at 6 Corners Settled for Policy Limits

View of Westbound Irving Park Road at Chicago's "Six Corners Intersection"

One of the most fundamental rules of driving is that when a traffic light is red, you stop and wait until it turns green before proceeding through an intersection. One Chicago driver's failure to follow this basic rule at the "Six Corners" intersection led to a bicycle crash that severely injured a Chicago bicyclist.

The Illinois Bicycle Lawyers at Keating Law Offices have secured a financial settlement for the Chicago bicyclist who sustained gruesome facial lacerations after being struck by the motorist. The bicycle accident occurred at the intersection of Irving Park Road and Cicero Avenue in September of 2013.

The collision occurred at Chicago's "Six Corners" in Portage Park, which is the well known intersection of three major streets: Milwaukee Avenue, Cicero Avenue and Irving Park Road. At the time of the bicycle accident, the bicyclist was traveling westbound through the intersection of Irving Park Road and Cicero Avenue when the motorist, driving on Cicero Avenue, ran the intersection’s red light. The motorist first struck the bicyclist and his bicycle which caused to bicyclist to be ejected from his bicycle onto the hood of the car. The motorist then slammed on his brakes and this caused the bicyclist to be thrown to the pavement.

The bicyclist landed directly on the side of his face. According to medical reports, the bicyclist’s face was bleeding uncontrollably as he laid in the street in excruciating pain. He ultimately suffered a deep facial laceration that required a row of 4 stitches as well as a head injury, hip contusion and knee abrasion.

Liability, the legal term for who "caused" a bicycle crash that resulted in injuries, was clear in this matter. According to Section 11-305 of the Illinois Vehicle Code, a driver of any vehicle must obey the instructions of any official traffic-control device. It may seem obvious that the law requires motorists to abide by traffic signals. But, this collision could have easily been prevented if the motorist did just that…simply stopped at the red stoplight.

The Illinois Bicycle Lawyers made a claim with the motorist’s insurance provider for the bicyclist’s “elements of damages.” As we have mentioned in previous blog posts, “elements of damages” are the different categories of a claim that make up a claim.In this case, claims were made for the bicyclist’s personal injuries, medical bills, pain and suffering, loss of a normal life as well as disfigurement.

“Disfigurement” is a compensable damage in Illinois, meaning it is something that is part of an insurance claim or a lawsuit in court. Disfigurement is defined in the law as “the permanent change in a person’s body that impairs the beauty, symmetry, and appearance.” Under Illinois law, anyone “disfigured” as a result of someone else’s negligence is eligible for compensation for their permanent impairment. “Disfigurement” varies from person to person and case to case. Here, the bicyclist sustained the laceration on his head that resulted in a permanent scar.

As a result, Keating Law Offices attained a settlement where the motorist’s insurance company tendered its full policy limits for this bicyclist and his disfigurements. This settlement was made without requiring filing a lawsuit. This is what is known as an "out of court settlement" and was made possible when our bike attorneys forced the insurance company to pay every penny of the applicable insurance policy.

Keating Law Offices are a Chicago-based law firm that represents injured bicyclists throughout Illinois. The firm is a national leader in the field of bicycle-related litigation. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact the Illinois Bicycle Attorneys at Keating Law Offices at 312-239-6787or 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 and there is never any cost to the client unless we win.