Six Figure Settlement for Cyclist Who Suffered Broken Leg Because of Distracted Driver

Early last fall a Chicago cyclist was riding in Lakeview when a motorist's distracted driving led to a broken leg for the cyclist. The collision occurred at the intersection of Pine Grove an Sheridan Road in north Lakeview. Both the cyclist and the driver came to the four way stop and stopped at the stop signs. 

The cyclist, who had the right of way due to being at the intersection first, proceeded in to the intersection. The driver unfortunately was not paying attention and did not see the cyclist. She struck the bicyclist as she was attempting to turn left onto Sheridan Road from Pine Grove. In doing so, the driver failed to yield the right-of-way to the bicyclist who was in the intersection first and over halfway through the intersection at the time the motorist hit the bicyclist with her car.

The responding police officer’s investigation of the scene, assessment of damage to the vehicles coupled with the parties’ statements, only bolstered the bicyclist’s claim that he entered the intersection first and had control of the intersection. The driver also admitted to the responding officer that she did not see the bicyclist prior to the crash.

• Illinois vehicle laws and Chicago Municipal Ordinances are in place to protect cyclists in these scenarios by requiring all drivers to do the following: 
• Exercise due care to avoid colliding with any person operating a bicycle, 625 ILCS 5/11-1003.1 and Section 9-40-160 of the Municipal Code of Chicago;
• Yield to the preferential right-of-way while making a left turn at an intersection, 625 ILCS 5/11-902;
• Decrease the speed of a motor vehicle when a special hazard existed with respect to pedestrians or other traffic, 625 ILCS 5/11-601(a); and
• Avoid moving a motor vehicle into a lane of traffic without first ascertaining that such movement could be made with safety, 625 ILCS 5/11-709.

However, the most basic and fundamental protections that cyclists deserve is the complete and full attention of all users of the roadway. The cardinal rule of approaching an intersection is to slow down and stop, look both ways before entering and be alert for other vehicles proceeding through the intersection. 

Here, the driver was not paying attention or keeping a proper lookout which caused this horrendous accident. As a result of the accident, the bicyclist was taken by ambulance to the emergency room where he was diagnosed with a fractured leg which required surgery.

The bicycle attorneys at Keating Law Offices, P.C., recently obtained a six-figure policy settlement on behalf of the cyclist from Allstate Insurance. This settlement was reached within months of the collision. While the settlement recovered for the bicyclist will never undo his massive injuries and damages. The money will help cover the not only the cyclist’s medical expenses but compensate him for the pain and suffering and interruption to his life that he was forced to experience because of the driver's distracted driving. 

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 driving. The 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.