Bicyclist Killed in Collision in West Suburban Roselle

Multiple news outlets are reporting that a bicyclist has tragically died after a collision with a utility van in west suburban Roselle earlier this morning. The fatal bicycle accident occurred near the intersection of Rosemont Avenue and Roselle Road. Roselle Road is a main street in Roselle with four lanes that travel north-south with two lanes traveling in each direction. Rosemont Avenue is an east-west street that terminates at Rosemont Avenue. There is a "T" Intersection where Rosemont Avenue comes to an end at a park along Roselle Road.
 
According to reports the accident occurred just after 6:09 a.m.when the driver of the 2004 Mercedes-Benz van attempted to make a left-hand turn from eastbound Rosemont Avenue onto northbound Roselle Road at the "T" Intersection. The collision between the the motor vehicle and the bicyclist occurred at the "T" Intersection.
 
Section 901.01 of the Illinois Vehicle Code requires vehicles approaching or entering a "T" Intersection to yield-the-right of way to vehicles, including bicycles, to vehicles on the "non-terminating" roadway. In this instance, it means that vehicles turning off of eastbound Rosemont Avenue are required to yield the right-of-way to vehicles traveling along Roselle Road. The Illinois Vehicle Code provides as follows:

Sec. 11-901.01. Vehicles approaching or entering a "T" intersection. The driver of a vehicle approaching the intersection of a highway from a highway which terminates at the intersection, not otherwise regulated by this Act or controlled by traffic control signs or signals, shall stop, yield, and grant the privilege of immediate use of the intersection to another vehicle which has entered the intersection from the non-terminating highway or is approaching the intersection on the non-terminating highway in such proximity as to constitute a hazard and after stopping may proceed when the driver may safely enter the intersection without interference or collision with the traffic using the non-terminating highway. (Source: P.A. 81-860.)

The bicyclist was taken by ambulance to Alexian Brothers Hospital in Elk Grove Village where he was pronounced dead. The Roselle Police Department is conducting an accident reconstruction and the bicycle accident remains under investigation. 

Our thoughts and prayers are with the friends and family of the bicyclist. 

Evanston Bicyclist Injured in Right Hook Collision on Clybourn Avenue

The Illinois Bicycle Lawyers at Keating Law Offices were recently retained to represent an Evanston bicyclist injured when a motorist cut in front of him as the motorist attempted to enter a driveway. On September 24, 2013, our client was riding his bicycle northwest bound near the edge of the curb on North Clybourn Avenue in Chicago. At the same time, the motorist was driving his vehicle in the same northwest bound lane of traffic on Clybourn. This put the car directly to the left of the bicyclist as they traveled along Clybourn. The motorist suddenly and unexpectedly decided to turn right off of Clybourn into a private driveway, directly in front of the bicyclist. This is an example of a "right hook" motor vehicle vs. bicycle collision where the motorist turning the vehicle right either into or in front of the bicyclist is the cause of the collision.

Due to the sudden action of the motorist, our client had no reason to anticipate the motorist's sudden turn, nor time to react, and the bicyclist collided into the front passenger side of the motorist's vehicle. Upon impact, the bicyclist fell from his bicycle and sustained significant injuries. The Chicago Police Department responded to the scene. Following an investigation, the responding officer determined that the motorist's failure to yield to our client's right-of-way was the primary cause of the collision. Our client was taken by ambulance to the emergency department at Advocate Illinois Masonic Hospital where he was treated for the injuries he sustained in the collision. 

According to the results of the Chicago Department of Transportation's Bicycle Crash Analysis, our new client's recent collision is among the most common type of Chicago bicycle crash. In specific, the CDOT found that 40% of all Chicago bicycle crashes result from motorists' failure to yield to bicyclists. In addition, approximately 37% of all injury-causing bicycle crashes in Chicago occur in the neighborhoods extending north from the Loop through Lincoln Park to Lakeview and extending West from the Loop through Wicker Park, Bucktown, and Logan Square. Accordingly, motorists in these neighborhoods need to be hyper-aware of the presence of bicyclists and need to yield to both other motorists AND bicyclists when navigating turns. 

Keating Law Offfices Settles Case For Bicycle Commuter Injured In Harvey for $550,000.00

The Illinois Bicycle Lawyers of Keating Law Offices have reached a settlement in excess of half a million dollars on behalf of a Chicago bicyclist struck by a school bus in Harvey, Illinois on December 9, 2011. At the time of the bicycle accident, the bicyclist lived in Chicago and worked at a school in Harvey. Her typical commute involved riding her collapsible bicycle to the Metra station in Chicago, taking the Metra to the station near Harvey, and then riding the bicycle to her school. She was a committed bicyclist who rode in all weather year round.

On the day of the collision, the bicyclist was taking her usual route back to the Metra station and rode north on Wallace Street towards  147th Street. Because there was not a designated bicycle lane, the bicyclist was appropriately riding on the right edge of the traffic lane in accordance with the Illinois Rules of the Road. At the same time, the bus driver was about to exit a school parking lot and turn left onto southbound Wallace Street. This path of the bus required the bus driver to cut across the bicyclist's lane of traffic. As the bus driver exited the school's private driveway, the driver claims his vision was obstructed by the sun and this limited his ability to see the bicyclist. As a result, the bus driver did not yield to the oncoming bicyclist, entered the roadway, and struck the bicyclist's right knee with the front bumper of the school bus. This threw the bicyclist to the ground and towards the center of Wallace Street. 

The Harvey Police Department responded to the scene and found the victim of the collision laying in the middle of the street. The victim was soon transported to the emergency room in an ambulance. An initial evaluation revealed that the victim suffered a badly fractured tibial plateau, which is the top of her shin bone, and other injuries. The bicyclist's tibial fracture required reconstructive surgery and a lengthy period of rehabilitation.

The Harvey Police Officer who responded to the scene conducted an investigation and issued a citation to the bus driver under 625 ILCS 5/11-906. This statute states,"The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered." Bicycles qualify as "vehicles" under the Illinois Rules of the Road according to 625 ILCS 5/11-1502. The Illinois Bicycle Lawyers of Keating Law Offices relied upon the failure to yield statute  as well as the general common law duty to keep a proper lookout in advocating on behalf of the victim. It was later learned during the investigation of the case that the bus driver was fired from his job for his part in this unfortunate collision and a series of other problems at his job. 

Despite this unfortunate past history, the attorneys for the bus company raised several defenses, including that the victim was on the wrong part of the road at the time of the collision and that it was not their fault that the sun obstructed the bus driver's ability to see the bicyclist. With respect to the bus driver's argument that the victim was riding in the private drive at the time of the collision, the Illinois Bicycle Lawyers referenced the victim's testimony, the responding officer's testimony, and the bus driver's own testimony to prove that the bus driver had in fact entered the roadway by the time the collision occurred. 

In response to the argument that the bus driver's vision was obstructed, the Illinois Bicycle Lawyers relied upon a series of Illinois legal cases which establish that an individual cannot escape a claim of negligence by stating that he did not see something he should have observed if he was exercising ordinary care. In addition, we analogized the driver's argument to an Illinois case which states that it is negligence as a matter of law to proceed when blinded by the headlights of an oncoming vehicle. In essence, we established that there is no excuse under Illinois law for failing to yield to the right-of-way due to obstructed vision. Drivers are required to use an alternate route, seek assistance from others, or find any other method to overcome their inability to clearly see the roadway they intend to enter. 

In reaching such a high settlement amount, the Illinois Bicycle Lawyers emphasized the victim's significant medical expenses, lost wages, permanent disability, significant pain and suffering, and loss of a normal life. In addition, we hired an orthopedic surgeon who is a national leader in knee injuries to examine our client and review her medical records to determine the severity of her injuries. This expert physician helped establish the cost of future surgical operations and medical treatment the victim will almost certainly require. 

The Illinois Bicycle Attorneys at Keating Law Offices are national leaders in the field of bicycle-related claims and lawsuits. The firm is currently litigating more bicycle related cases in courtrooms in Illinois than any other law firm in the state. In the process we  have reached numerous successful results on behalf of injured bicyclists. This settlement is one of the largest personal injury settlements ever in Illinois for injuries stemming from a bicycle accident that did not result in death or paralysis.

If you have any questions regarding Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 orMKeating@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.

10-Year Old Boy Killed While Bicycling in Broadview

It has been reported that a 10 year-old cyclist died on Monday, July 23, as a result of the injuries sustained after being struck by a motor vehicle in west suburban Broadview. The collision occurred on 25th Avenue, north of Cermak Road in the mid-afternoon of that Sunday of July 22. According to preliminary reports, the 17 year-old motorist was allegedly driving southbound on 25th Avenue when the crash occurred. No information has been released about the direction in which the cyclist was heading. No citations or charges have been issued. 

Although further details surrounding the investigation have not been released, upon analyzing aerial and street views of the intersection at which the bicycle accident occurred, there are some issues of interest. 

•  25th Avenue has a stated speed limit of 35mph. However, there are no traffic lights from 26th Street to Roosevelt Road (Roosevelt Rd is north of Cermak Rd), a distance of approximately 1.5 miles. This long stretch of asphalt plus the lack of any traffic lights could potentially contribute to speeding. According to the statistics compiled under the Chicago Forward plan, a cyclist struck by a motor vehicle traveling at 30mph has about a 55% chance of surviving. An increase in speed of just 10mph significantly reduces a cyclist surviving a car collision to just 15%.  
•  Under Illinois law, children under the age of 12 are permitted to ride on most sidewalks. The victim was 10 years old. No information has been released of whether the victim was on a sidewalk or the street when the collision occurred. Upon passing Cermak Rd, there is a stretch of sidewalk that abruptly ends at 22nd Street.  In addition to the potential use of the sidewalk, from 26th Street to Cermak Rd, there are gravel shoulders marked for bicycle use. 
•  Heading north on 25th Avenue from Cermak Road to 22nd Street, vehicles are passing underneath a bridge that may briefly deteriorate clear visibility of the road. Within that defined length of road on 25th Ave is the short stretch of sidewalk.

In light of the tragedy of this boy's death in this bicycle accident, it is important to reiterate some words of caution for all young bicyclists and parents:

•  Ride cautiously on roads without bike lanes or areas marked for bike use;
•  When riding alongside motorized traffic, be as visible to drivers as possible;
•  Remember that children under the age of 12 are allowed in most parts of Illinois to ride on the sidewalk; and
• Always ride safely and with great caution.

If you have any questions regarding this post or an issue involving a bicycle accident or Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Keating Law Offices Retained to Represent Severely Injured Skokie Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices have been retained by a Skokie man to represent him for the severe injuries he sustained in a motor vehicle vs. bicycle collision. The collision occurred on April 19, 2012 at the "T" intersection of Dempster Street and Kenton Avenue in Skokie, Illinois. At this intersection a "T" is formed where Kenton stops and does not connect through Dempster. Dempster is a four lane major roadway at this intersection and does not have stop signs at Kenton.

The bicyclist was struck by the driver of a 2006 Buick when the driver did not yield the right of way to the bicyclist at the "T" intersection. The driver came to Dempster while traveling southbound on Kenton. The bicyclist was travelling eastbound on Dempster which does not have a stop sign at Kenton. The Illinois Rules of the Road required the motorist to stop at the stop sign and yield to all traffic (including bicycles) as well as pedestrians. The driver was issued a citation by the Skokie Police Department for his failures.

As a result of the collision the bicyclist suffered a massive injury to his left leg. The client has been bedridden since the collision on April 19th. This injury required an open-reduction and internal fixation (ORIF) surgery. This is a procedure where an orthopedic surgeon implants surgical hardware, typically a plate and screws, into the bone of the injured person in an effort to restabilize the leg. This is a very serious surgery that will require extensive rehabilitation and may result in a permanent disability.

Within 24 hours of being retained by the injured bicyclist, the Illinois Bicycle Law attorneys at Keating Law Offices were able to conduct an extensive investigation of this collision. If you have any knowledge of this incident please contact Keating Law Offices. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are always confidential and free.

Logan Square Bicyclist's Case Settled for Insurance Policy Limits

Keating Law Offices has secured a settlement for a Chicago bicyclist who was injured after being struck by a car in the Logan Square neighborhood on July 6, 2011. The collision occurred near the intersection of Wrightwood and Pulaski.  The bicyclist was riding eastbound on Wrightwood when he was hit from behind by a motor vehicle.  As a result of the collision, the cyclist was thrown to the ground and suffered severe injuries, most significantly a broken arm that required an open reduction internal fixation surgery where a plate and screws were implanted in his arm.  

As soon as Keating Law Offices was retained the firm immediately began to investigate and prepare our client’s case. Our attorneys assisted our client in his appearance at traffic court where, faced with a prepared client, the offending motorist plead guilty to the traffic ticket she received. The motorist plead guilty to violating Section 9-40-160 of the Chicago Municipal Code, which states that “every driver shall exercise due care to avoid colliding with any pedestrian or person operating a bicycle.”  Our attorneys were then able to use this plea as part of our pre-trial negotiation strategy and managed to obtain a successful settlement for the cyclist.  In this case, the insurance company paid out the entire limits of the motorist’s insurance policy.

Although the attorneys at Keating Law Offices were able to negotiate a successful settlement for our client, this case is a sobering reminder of the dangers facing Chicago’s bicyclists.  After hitting the cyclist, the driver of the car told the responding officer that she simply “did not see him.”  This should serve as a powerful warning for motorists and bicyclists alike.  Motorists must “think bike,” and always keep an eye out for cyclists.  Bicyclists should use lights and refelctors and even use protective equipment to minimize the risk of injuries in a collision.  

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Recall Alert: Specialized Recalls Brake Levers

Specialized Bicycle Components, Inc., the company that manufactures and distributes bikes and bike components under the "Specialized" brand, has announced a recall of 600 bicycle brake levers.  

This recall was done because the adjuster cap on the brake lever and the brake cable within it can slide out of position. When out of position the brake can't engage the cable and cause the brake to slow and stop the bicycle. Non-working brakes can obviously cause serious and dangerous problems for a bicyclist.

 The recalled products are Tektro TL-83 brake levers. TL-83 levers are designed exclusively for use with aerodynamic handlebars (aerobars) sold as original equipment on 2010 and 2011 S-Works Shiv bicycle frame modules and 2012 S-Works Shiv TT bicycle frame modules. The brake levers were also sold as aftermarket service parts for the Shiv modules. The levers are modified versions of the TL-720 brake lever. The brake levers are black aluminum and have a quick release slot at the top of the lever arm. Model number TL-720 can be read on the side of the lever arm when the lever is engaged.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

Why Do So Many Bicyclists Fracture Their Collarbone In An Accident or Crash?

The Illinois Bicycle Attorneys at Keating Law Offices have seen first hand that one of the most common injuries for bicyclists hurt in an accident or crash is a fractured collarbone. Even 7-time Tour de France champion Lance Armstrong suffered a broken collarbone which required surgery.

The collarbone, or clavicle, is probably the most susceptible bone on the body of a cyclist but not for the reason most people think. Many cyclists break their collarbone not by the bone itself hitting the pavement, but from the fall of their bike. When a cyclist is thrown from a bicycle, their immediate and instinctive reaction is to put their hands out to break their fall. However, when their hands hit the pavement the jarring force causes the collarbone to buckle under pressure. This event is known as the "mechanism of injury."

An Australian doctor who deals primarily with cyclist injuries, Dr. Dominic Briscomb, says that 95% of collarbone injuries can be diagnosed by touch. Most cyclists can feel a noticeable bump in the area and the arm on the side of injury can go numb. Should you feel a bump or sharp pain, you should IMMEDIATELY go to the hospital. Most minor collarbone breaks can be treated by simply placing your arm in a sling for 3-6 weeks, however more serious collarbone breaks can require surgery. The most common surgery is an open reduction - internal fixation surgery (ORIF) where a surgical plate and screws are used to secure the fracture. Finally, after the break has healed, physical therapy is a required.

It is important to attempt to regain full range of motion after a collarbone injury and physical therapy is a valuable tool to not only get back on the road, but to get 100% physically. Most avid cyclists will want to get back on the road as soon as possible following a collarbone break, but these cyclists should proceed with caution and wait until they have clearance from their treating physician. 

Keating Law Offices currently represents numerous cyclists who have suffered broken collarbones after being struck by motor vehicles. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free.

The Issue of Concussions in Bicycle Accident Litigation

A while back I was sitting in a deposition of a neurosurgeon who treated my client for her injuries in a motor vehicle collision. The attorney representing the defendant driver in the case asked this doctor if he agreed that my client's concussion was a "minor" injury. The neurosurgeon responded that "a concussion is a form of a traumatic brain injury. There is no such thing as a "minor" traumatic brain injury."

Bicyclists, even those wearing a helmet, are very vulnerable and at a high risk for a concussion or other traumatic brain injury when they are involved in a bicycle accident or collision. An injury to the brain can even occur from the force of the head being jerked around; a direct impact is not necessary to suffer a brain injury. And the results of a concussion or other brain injury are severe. Common side effects of a concussion may include a variety of symptoms:

Physical Symptoms: Nausea, vomiting, dizziness, headache, blurred vision, sleep disturbance, quickness to fatigue, lethargy or other sensory loss;

Cognitive Deficits: Attention and concentration lapses, perception issues, memory loss, speech/language difficulties; and

Behavioral Changes: Irritability, anger management issues, disinhibition or emotion lability.*

Since the time of that neurosurgeon's deposition there have been numerous news reports about retired NFL football players suffering from long-term consequences of concussions. Due to these stories the public has learned what my client's neurosurgeon testified to years ago: There is no such thing as a "minor" traumatic brain injury.

However, in spite of these serious symptoms most insurance companies continue to view concussions the same way they view unspecified muscle pain or other relatively minor, subjective complaints. As such, insurance companies often do not offer to provide adequate compensation for victims of concussions or other head injuries from a bicycle accident or collision.

It has always been the firm contention of the attorneys at Keating Law Offices that concussions are serious and therefore require a high level of care and attention. The attorneys at Keating Law Offices have experience in handling these types of claims and know how to prove to the insurance companies that concussions and other "closed head" injuries are serious. In some instances, it is necessary to retain an expert neurologist, neuro-psychologist or other expert to detail the effects of an injury sustained in a bicycle crash or collision.

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week. All e-mails and phone calls are returned promptly. All initial consultations are confidential and free. Free case investigations may be available.

*Source: "Rethink Cross Exams in Traumatic Brain Injury Cases," Bruce H. Stern, American Association for Justice's Trial Magazine, April 2012.