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.

Family Asks Hit-and-Run Driver To Turn Himself In As Police Search For Clues

If you have any information, call 311 or contact the Major Accident Investigation Unit directly at 312-745-4521.

The Chicago Police Department's Major Accident Investigation Unit continues to search for the driver of a dark-colored 4-Door GMC or Chevrolet SUV. Based on the body style, the vehicle appears to be either a GMC Yukon or a Chevrolet Tahoe. The vehicle has light-colored rims and running boards along the undercarriage of the vehicle. 

The driver of this SUV critically injured 26-year old Ricardo "Richie" Capistrano in Logan Square on Friday. Prior to the collision, Capistrano was riding his motorized bicycle westbound on North Avenue at the same time as the SUV was traveling eastbound on North Avenue. The driver of the SUV turned left in front of Capistrano as the vehicle turned northbound onto Talman Avenue. 

This is knows as a "left-hook" crash. The Chicago Municipal Code and the Illinois Vehicle Code both require vehicles turning left across traffic, like the SUV in this instance, to yield to oncoming traffic. Obviously, the driver of the SUV did not yield and therefore caused this collision and the injuries to Richie Capistrano. 

The driver also violated the law as it relates to what is required when in a motor vehicle accident. Section 11-401(a) of the Illinois Vehicle Code provides the groundwork for the motorist:

"The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled."

Section 11-403 of the Illinois Motor Vehicle Code more specifically lays out the requirements any such motorist must fulfill before leaving the scene of a collision that leads to personal injuries:

"The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with an shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to the physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person."

According to reports, Capistrano rode into the back of the passenger side of the SUV. The back passenger window apparently shattered and there is damage to the rear passenger door. The driver of the SUV did not stop and fled the scene on the accident.

Capistrano's family is offering a reward of $1,000.00 for any information leading to an arrest. If you have any information, call 311 or contact the Major Accident Investigation Unit directly at 312-745-4521.

Garbage Truck Injures Chicago Bicyclist in "Left Cross" Bicycle Crash

View of bicycle sharrows on northbound Lincoln Avenue at its intersection with Melrose Street on the North Side of Chicago.

Last Wednesday, on May 28th, a regular Chicago bicycle commuter was riding down Lincoln Avenue and approaching Belmont. It was a regular route for the bicyclist and one commonly used by Chicago bicyclists due to the fact that it is a designated bike route and "bicycle sharrows" are painted on Lincoln Avenue. 

As the bicyclist was riding southbound, a garbage truck was traveling northbound in the opposite direction. Immediately prior to the crosswalk at Melrose Street, there is a bicycle sharrow in clear view of vehicles traveling northbound on Lincoln Avenue. The purpose of bicycle sharrows is 1) to serve as a sign for bicyclists to know that this roadway is intended for bicycle traffic; and 2) to warn the drivers of motor vehicles that bicycles are present. 

As the two vehicles - the garbage truck and the bicycle - were traveling on Lincoln Avenue  the garbage truck turned left across southbound traffic in an attempt to cross the southbound lanes and proceed west onto Melrose Street. Even though it was morning and the sun was shining, the driver of the garbage truck apparently failed to see the rider and directly struck the bicyclist with the front of the garbage truck. 

The impact was so immediate and direct that the garbage truck literally left a perfectly linear indentation in the bicyclist's helmet from the truck itself. Even worse, the impact fractured five ribs along the bicyclist's side and caused related internal injuries. An ambulance came to the scene and took the injured bicyclist to Illinois Masonic Hospital where the bicyclist remained for three days while undergoing evaluation and treatment.

The failure of the garbage truck to yield to oncoming traffic is a violation of the Illinois Vehicle Code. Chicago law is clear on a motorist’s duty to yield the right of way when making a left turn across traffic. Section 11-902 of the Illinois Motor Vehicle Code states:

"The driver of a vehicle intending to turn to the left within an intersection . . . shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard."

This type of bicycle vs. motor vehicle collision is known as a "left cross" or "left hook" crash. These types of bicycle accidents are a direct result of motorists failing to yield the right of way and to keep a proper lookout for oncoming traffic. It is unfortunately one of the most common types of collisions that result in a bicycle crash. 

Keating Law Offices, P.C. has been retained as the exclusive law firm to represent the injured bicyclist.

"Denied" Lawsuit Settled for Chicago Bicyclist Injured in Bike Accident at Congested Grand - Halsted - Milwaukee Intersection

The Illinois Bicycle Lawyers at the Keating Law Offices have successfully settled a lawsuit for a Chicago bicyclist who was seriously injured in a collision with a motor vehicle at the six-cornered intersection of West Grand Avenue, North Halsted Street and North Milwaukee Avenue in Chicago. At this intersection, Grand Avenue runs east and west, Halsted Street runs north and south and Milwaukee Avenue cuts through at a 45 degree angle, running southeast and northwest.  This complicated intersection is often congested at all hours of the day with all kinds of traffic, including bicyclists who use the popular bike lane on Milwaukee Avenue. 

One late night in February of 2013, the bicyclist was headed westbound on Grand Avenue near the six-way intersection on his way home from work at a restaurant near Millenium Park. At the same time, the motorist, who was traveling eastbound on West Grand Avenue, attempted to make a left turn onto northbound North Halsted Street. The motorist cut directly in front of the bicyclist and the two collided in the intersection. This type of collision is known as a "left hook" crash. 

The bicyclist immediately experienced intense pain throughout his body and was later diagnosed with multiple injuries. Most significantly the bicyclist learned he had suffered a broken left leg. The motorist, despite the well lit intersection, claims not to have seen the bicyclist. After taking both parties’ statements and reviewing physical evidence at the crash scene, the responding Chicago police officer determined that the motorist was at fault for failing to yield to the bicyclist. 

Chicago law is clear on a motorist’s duty to yield the right of way when making a left turn across traffic. Section 11-902 of the Illinois Motor Vehicle Code states:

"The driver of a vehicle intending to turn to the left within an intersection . . . shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard."

In simple terms, even though both the bicyclist and motorist had a green light, since the motorist was attempting to make a left turn across the westbound lanes of traffic and the bicyclist was headed straight through the intersection, the bicyclist had the right of way.  The motorist should have yielded to the bicyclist and when she didn't, the crash occurred and the bicyclist was injured.

Furthermore, the Chicago Municipal Code also makes it clear that a motorist’s claim not to have seen a bicyclist is not a valid excuse. The Code specifically offers legal protection to the bicyclists by requiring motorists to utilize "due care" in driving around bicyclists. The requirement to exercise “due care” basically means that all motorists are required to operate their vehicles in a careful, reasonable and safe manner. This requirement varies case by case, depending on things such as traffic conditions, weather conditions and time of day. In this case, the “due care” requirement for a motorist driving through this particular six-way intersection late at night necessarily included the responsibility to look out for the numerous bicyclists that utilize Milwaukee Avenue's bike lane. 

The injured bicyclist came to the Illinois Bicycle Lawyers at the Keating Law Offices for legal advice. Despite the facts of the case and the early determination by the police officer, the claim had been initially denied by the insurance company and its lawyers. The insurance company argued that the motorist did nothing wrong and it was not her fault she couldn't see the bicyclist at night. 

However,  we felt that the argument was superficial at best. After filing a lawsuit and litigating the case, Attorneys Mike Keating and Joseph Vietri were able to settle the lawsuit and compensate the injured bicyclist for his medical bills, pain and suffering and loss of a normal life. “Loss of a normal life” is defined as “the temporary or permanent diminished ability to enjoy life,” and is a type of “damage” that can be compensated for under Illinois law. It “includes a person’s inability to pursue the pleasurable aspects of life.” 

Unfortunately for this bicyclist, his serious injuries greatly limited his daily life. An avid bicyclist and father to a young child, the bicyclist was unable to ride his bicycle or care for his young child for some time following the crash.

Chicago Bicyclist Critically Injured in Left-Hook Collision on Northwest Side

News outlets are reporting that a Chicago bicyclist was critically injured in a "left hook" collision at the intersection of West Addison Street and North Milwaukee Avenue on Chicago's Northwest Side. The collision occurred late Sunday night when the bicyclist was struck by an SUV as the vehicle made a left turn from the northbound lane of Milwaukee.

According to reports, the driver of the SUV was cited for failure to yield the right-of-way. Both Addison and Milwaukee are dedicated bike routes at this location. While there are not painted lines designating a bike lane, signage at the location clearly marks the area as a place where bicycles are regularly a part of traffic patterns.

The Illinois Vehicle Code and the Chicago Municipal Code both require vehicle to yield the right of way when making a left-hand turn across oncoming traffic. While not motorized, under the law a bicycle is a vehicle and is considered oncoming traffic that a vehicle is required to yield to when making a left-hand turn.

Chicago Bicyclist Riding In Bike Lane Injured in Left Hook Crash

The Illinois Bicycle Lawyers of Keating Law Offices have been retained to represent a Chicago bicyclist struck by a motorist on Milwaukee Avenue in Chicago.  The bicyclist was riding lawfully in the bike lane along Milwaukee when the driver of an oncoming SUV started to make a left turn in front of the bicyclist. Although the bicyclist attempted to alert the motorist by yelling and ringing her bike's bell, the driver of the SUV collided with the bicyclist in Milwaukee Avenue. This is known as a "left hook" collision due to the vehicle's path into the bicyclist. The driver initially attempted to drive away from the scene but was chased down by another bicyclist.  When the police arrived on the scene, the driver claimed he did not see the bicyclist and that he did not even realize he had struck her.

The bicyclist sustained an injury to her ankle and was evaluated at a nearby hospital. Since the collision, she has undergone x-rays, physical therapy and has had to utilize crutches to walk.

According to the Chicago Department of Transportation, approximately 55% of all Chicago bicycle crashes occur at intersections. Moreover, 40% of all Chicago bicycle crashes occur as a result of a motorists' failure to yield. Sadly, our newest case is evidence of the same, as the motorist in this collision failed to pay proper attention to the bike lane as he made a left hand turn.  Drivers must be diligent in keeping a proper lookout for bicyclists when they are operating a motor vehicle.  

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

Insurance Co. Pays $50,000 Policy Limit to Bicyclist After Denying Claim

Keating Law Offices has secured another personal injury settlement for a Chicago, Illinois bicyclist whose case was originally denied by the driver's insurance company. A denial of liability is a position by an insurance company that, while there may have been an incident resulting in an injury, their insured driver was not responsible and therefore the insurance company does not have to provide insurance coverage.

Upon notice of the denial of liability, Keating Law Offices filed a Complaint at Law against the driver, a former police officer, in the Circuit Court of Cook County. The firm immediately began preparing the case for trial. Throughout the case, the attorneys at Keating Law Offices were able to discover and present evidence that showed that the collision was the driver's fault. This was critical as the insurance company and its attorneys initially argued that the bicyclist should have "watched where she was going" and was intoxicated at the time of the collision.

The collision occurred at the intersection of California and Fullerton. Prior to the collision the motorist was traveling eastbound on Fullerton and turning northbound onto California. The bicyclist was traveling westbound on Fullerton across California. The collision occurred when the motorist did a "left-hook" and turned left immediately in front of the bicyclist.

Based on these facts, the attorneys at Keating Law Offices successfully argued that under the Chicago Municipal Code and the Illinois Rules of the Road that the motorist should have yielded to the bicyclist and only turned when it was safe to do so. Moreover, the firm and its client were able to demonstrate that while the bicyclist drank at a Memorial Day picnic that afternoon that she was not intoxicated. Ultimately, the insurance company and its attorneys were forced to conclude that their initial position was wrong and that the injured bicyclist had a valid and meritorious claim.

In this latest case, the insurance company for the driver paid the bicyclist the entire $50,000.00 of its policy limits. Attorney Mike Keating of Keating Law Offices said:

"Given the history of the insurance company denying this claim completely from the onset, this was a particularly positive result. Being able to recover every penny of the insurance policy in the case shows the insurance companies that this firm and its clients will not be intimidated by aggressive tactics like denying legitimate claims."

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.