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. 

Bicyclist's Video Shows Lexus SUV Driver Caused Left Hook Crash on Milwaukee Avenue

A normal commute home via the Milwaukee Avenue bike lane by a local cyclist was cut short when he was the victim of a "left hook" collision. This stretch of Milwaukee Avenue is nicknamed the “Hipster Highway” because of the thousands of bicyclists that ride the bicycle lane in this stretch through Chicago’s popular West Town community on a daily basis. The Milwaukee Avenue bicycle lane is the most heavily travelled and well-known bicycle lane in Chicago.

Despite the video evidence and many key Chicago bike laws directly on point, the combination of the cyclist's severe injuries combined with the driver's insurance companies arguing who was responsible, the case took years to resolve. However, the end result was very favorable to our most deserving client. In this blog post, I wanted to use the unique set up of the Milwaukee Avenue bike lane to show the dangerous interactions between bicyclists and inattentive drivers.

The Milwaukee Avenue bike lane is one of seven “Spoke Routes” that the Chicago Department of Transportation designated as direct bicycle routes in and out of Chicago’s Loop. The Chicago Department of Transportation states that “Spoke Routes” like the Milwaukee Avenue bicycle lane are designed to “provide a safe, continuous bikeway and connect all areas of Chicago with the downtown. The primary goal of the Spoke Route network is to increase bicycle commuting citywide.” If you're interested in learning more about the Spoke Route network, check out “Chicago Streets for Cycling Plan 2020,” Chicago Department of Transportation (2012).

This particular stretch of Milwaukee Avenue between Carpenter Street and Ogden Avenue is particularly cyclist specific as there is a “bike box” at the intersection with Ogden Avenue and Chicago Avenue. The purpose of a “bike box” is for cyclists to be in front of traffic and clearly visible to oncoming traffic. In addition, there is a curb-assist handlebar for cyclists to use to support themselves when standing at the intersection.

The Milwaukee Avenue bike lane on this stretch is what is known as a buffer-protected bike lane. The lane itself is painted bright green to differentiate the bike lane from other lanes and to warn motorists of the presence of cyclists. This buffer-protected bike lane incorporates vertical bollards to the inside of the bicycle lane which physically separates the cyclists from the motor vehicle traffic. In its “Streets for Cycling Plan 2020,” the City of Chicago set specific guidelines for buffer protected bike lanes.

One of the City's goals of buffer protected bike lanes is to improve safety by providing extra separation between bicyclists and motorists. The City's plan highlights that motorists should know to “Use caution when turning across the buffer protected bike lane….” In addition, the City’s guidelines provide that “If a travel lane side buffer is present, it can be used to pass slower bicyclists in the bike lane.” Additional instructions are to “Announce your presence to the slower bicyclists and check over your shoulder for approaching vehicular traffic” and to “Never pass on the right of a slower bicyclist."

As the video from the cyclist's helmet camera shows, the crash occurred when the motorist turned left from southbound Milwaukee Avenue across the path of oncoming northbound traffic including bicyclists in the Milwaukee bicycle lane.

The motorist testified at her deposition that she drove southbound on Ogden Avenue past the intersection of Chicago Avenue and then made a left-hand turn onto Milwaukee Avenue. Unfortunately, even though she was aware of cyclists in the area, she failed to see the cyclist and the crash occurred.

Liability: Who Is At Fault? 

In this case we argued that it was 100% the motorists fault in making a "left hook" across oncoming traffic - including bike traffic. We further argued that this negligence is particularly pronounced given that the driver admitted she knew there was bike traffic in the area and admitted she crossed three different lanes of oncoming traffic. In fact, this crash could have been entirely prevented if the driver either 1) yielded the right-of-way or 2) used the other entrance to the CVS off of Carpenter Street.

The attorneys hired by the insurance companies who insured the driver of the Lexus SUV retained an expert witness to say that it was actually the cyclist who was more than 50% to blame for the crash. In Illinois, if the party presenting a claim for personal injuries is more than 50% liable then the defendants and their insurance companies are not responsible for compensating them for their injuries. It was thus important to provide strong evidence that the driver of the SUV was not just primarily responsible for this crash, but totally at fault as we sincerely concluded. 

Given that this crash occurred at around 5:27 p.m. this was a known time of rush hour, and the traffic lanes and bicycle lanes were full of vehicles. Despite these traffic conditions that were obvious to everyone else on the roadway, the driver turned a massive 2015 Lexus S.U.V. across both the lanes for motor vehicle traffic and the bicycle lane directly in front of the bicyclist. At the time of the crash The bicyclist was approaching on his bicycle with a green light at the intersection ahead. The driver turned left immediately in front of the bicyclist’ path and there was zero chance he (or anyone) could have stopped before impact.

The SUV driver inexplicably testified under oath at her deposition that she was aware of the bike lane, aware it was heavily trafficked by bicyclists, yet she turned across the Milwaukee Avenue bike lane on which The bicyclist was clearly oncoming. She also could not explain why she did not see The bicyclist even though the intersection is very well lit, and she was aware of other bicyclists. In simple terms, there is no law or standard that allows the driver of a motor vehicle to turn across the path of oncoming bicyclists in a marked and dedicated bicycle lane without first being absolutely certain that it is safe to do so.

Bike Laws On Point

The acts and omissions of The driver are a direct violation of several portions of the Municipal Code of Chicago. The driver was required to yield the right-of-way to the bicycle approaching from the opposite direction. As evidenced by the collision and resulting injuries, the motorist clearly violated Section 9-16-020 of the Municipal Code of Chicago. Section 9-16-020 provides:

• Right of way to a bicycle on Left Turn – The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a bicycle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
• The driver also violated Section 9-40-160 of the Municipal Code of Chicago in causing the bicycle crash by failing to utilize due care when operating her vehicle recklessly on Chicago most busy bicycle lane. Section 9-40-160 provides: 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 and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway.
• The driver also violated Section 9-40-060 of the City of Chicago Municipal Code by driving across a bicycle lane in such a manner as to impede bicycle traffic, including The bicyclist. Section 9-40-060 provides: The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane.
• The overall rights of bicyclists in Illinois are solidified in “Dennis’s Law” which clarified that all bicyclists in Illinois are entitled to all of the rights of motorists. Specifically, this law establishes that bicyclists are equally entitled to the right-of-way. In Illinois, any person riding a bicycle is equally regarded as operating a vehicle. “Every person riding a bicycle upon a highway shall be granted all of the rights, including, but not limited to, rights under Article IX of this Chapter, [625 ILCS 5/11-901 et seq.] and shall be subject to all of the duties applicable to the driver of a vehicle by this Code.” 625 Ill. Comp. Stat. Ann. 5/11-1502. This amendment to existing law went into effect on January 1, 2017, and was the clear law of the land on the date of this crash.

Case Resolves Prior to October 2022 Trial

At the time of settlement a jury trial in the Circuit Court of Cook County was right around the corner. This lawsuit was successfully resolved after two separate mediations with two different judges. It was a hard fought battle over several years involving a total of three separate insurance companies. Yet, the patience through court closings and all the associated delays were worthwhile as it resulted in one of the highest settlements in Illinois history for a male victim of the same age with the same injury. This was a very deserving resolution for a tremendous client who was at motivated to protect the rights of all cyclists as anything else. The cyclist's commendable mindset and extremely credible demeanor were large factors in such a favorable resolution. Keating Law is extremely grateful to represent this client and proud of the final result. 

Chicago Bicyclist Wins Jury Trial Against Law Professor Who Blamed The Cyclist For Crash

On August 29th Keating Law won a heavily contested jury trial for a Chicago bicyclist. The cyclist sustained a non-displaced fracture to his wrist when he was the victim of a "left hook" on Sheridan Road in Wilmette. The driver involved in the crash was a local law professor who insisted that the cyclist entered the intersection on a red light and was at fault.

State Farm, who insured the driver, considered this a “no-offer” case, meaning they were so confident they would win this case that they refused to pay even a dollar to compensate our client for his injuries. State Farm never even offered to pay for the injured cyclist’s medical bills, let alone any reasonable reimbursement for the other harms he incurred like pain and suffering.

Our client was out for a recovery ride after a morning race when a car turned left in front of him and crashed into him. He traveled through the intersection of Sheridan Road and Lake Avenue in Wilmette, Illinois. Many Chicagoland cyclist know that this is a popular route for cyclist due to its proximity to the lake and the Green Bay Trail.

This case involved a dispute over the color of the traffic lights at the four-way intersection of Sheridan Road and Lake Avenue. There is a designated bike lane that runs along Sheridan Road. The stoplight at that intersection has a green arrow for cars turning left across oncoming lanes of traffic. The defendant and a passenger in the defendant’s car both testified that the car entered the intersection on the green arrow. Our client testified that he had the solid green light when he entered the intersection.

The cyclist alleged that the driver had a duty to yield the oncoming traffic, in this case the bicyclist. The Illinois Rules of the Road explicitly provide that a motorist must yield to all oncoming vehicles. The 2017 landmark legislation, Dennis's Law, clarified that bicycles are included in the definition of a vehicle.

State Farm’s decision to never offer any money to settle this case turned out to be wrong. The Cook County jury found the defendant at fault for the crash. The defendant, a licensed attorney and law professor who also made a living giving expert testimony in front of judges and juries, was cross examined by Keating Law's attorney for nearly an hour and was caught giving inconsistent statements multiple times.

Our client is an experienced cyclist who knows the rules of the road when it comes to bike safety. Keating Law remains dedicated to safe cycling whether its in the City of Chicago, the suburbs, or anywhere else across Illinois. We are proud that our willingness to stand up to State Farm and refuse to take no as an answer yielded a trial victory in a Cook County courtroom.

Jury Awards $213,000 To Chicago Bicyclist Doored in Chicago's Loop

A Cook County Jury has awarded a Chicago cyclist nearly $213,000.00 for injuries she sustained when she was doored in Chicago's Loop. The crash itself coincidentally happened on the Washington Street bike lane - across the street from the Daley Center courthouse where the jury trial was held. 

This monumental verdict and its importance as to the law protecting Chicago cyclists was the focus of a Block Club Chicago article by Chicago journalist Izzy Stoobandt. 

In June of 2017 the cyclist was riding to her job as a chef at a local restaurant on Michigan Avenue. The route was familiar to her and the final leg down the bright green protected bike lane on Washington Street was the final stretch. As she pedaled past Dearborn Street, the driver of a Lexus SUV pulled alongside her and partially onto the bike lane. A passenger in the backseat of the vehicle then swung the door immediately into the helmet of the cyclist. 

The impact from the door knocked the cyclist from her bicycle and she skidded along the bike lane. She later recalled briefly losing consciousness. As a result of the collision she sustained a concussion, severe road rash, and a herniated disc in her back. 

The jury trial focused on the actions of both the driver and the passenger. The injured bicyclist alleged that the driver was at fault for illegally parking on the bike lane. The allegation against the passenger was that she "doored" the cyclist by opening the vehicle door into the path of the cyclist. 

A local psychology professor was having lunch at the cafe next to the bike lane and witnessed the events. He testified that he was overcome by a feeling of shock and fear for the well being of the cyclist. His student was having lunch with the professor and she remembered the aftermath and her concern for the cyclist. Also at trial the responding Chicago Police Officer and one of the paramedics detailed what they observed and were told when they arrived at the scene.

The attorney hired by State Farm Insurance to represent the driver and the passenger denied that the defendants did anything wrong. Their argument was that this spot adjacent to the bike lane was the only available spot, that they put their hazard lights on, and that the door was already open when the cyclist rode into the door.  

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The jury found the driver and his passenger who doored the cyclist 100% at fault for the crash. In the end the jury’s verdict forces State Farm to face an excess verdict that is over 400% of their offer on the courthouse steps to settle last week and is more than double the policy limits that the cyclist was willing to settle for years ago.

This verdict more than pays for the cyclist’s medical bills for an ambulance trip to the ER and doctor’s visits and the pay she lost due to being off work for a week.

This verdict also stands to show that Chicago’s bike lanes are for cyclists ONLY. Keating Law stands ready and willing to do whatever it takes to force justice for our clients and cyclist’s rights.

Keating Law Offices Supports Equiticity on Giving Tuesday 2020

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

About Equiticity

Equiticity, a racial equity movement founded in Chicago which advocates for racial equity, increased mobility and racial justice for communities of color across the United States, is embarking on a campaign to raise $10,000.00 before the end of the year through their “Turn on the Power and Let Equity Flow” campaign. The funds raised will go towards research, advocacy, and programs for racial equity, mobility justice, and environmental justice including: 

• Racial Equity Training Academy: A training and leadership development program for residents, organizers, advocates, activists, academics, philanthropists, and policymakers, designed for people to explore a foundational understanding of racial equity and its operational implementation. 
• Bike design and fabrication: A job creation and workforce development program for young adults. 
• The Go Hub: A Community Mobility Center as a physical space for community- and power-building, providing access to the necessary hardware (mobility devices and infrastructure) and software (community mobility rituals and socialization programs) to increase mobility. 
• The Equiticity Bike Team: Engaging young people in the vast world of bikes, and related careers, competitions, tours, and programs. 
• Community Mobility Rituals: Inclusive of three distinct series of community bicycle rides, neighborhood walking tours, and public transit excursions, designed to increase social cohesion and collective efficacy, as tools to reduce violence at the hyperlocal, neighborhood level. 

Equiticity’s fundraising efforts are scheduled to be announced on November 30 and Keating Law Offices will announce its match at the same time. More information about Equiticity’s movement and giving campaign can be found at Equiticity.org/Campaign.

About Keating Law Offices

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

Keating Law Offices - A Nationally Recognized Bicycle Law Firm

In the last year, the attorneys at Keating Law Offices obtained several million dollars in total settlements for its clients. The 2020 Chicago Lawyer Settlements Report recognized the firm among the top in Illinois for the past year. The 2020 Settlements Report features 118 firms in Illinois with settlements of $500,000.00 or more that were reported between July 1, 2019 and June 30, 2020. Keating Law Offices is proud to be recognized for two of its cases with settlements over the $500,000.00 marker which, combined, total $1,525,000.00 in settlement funds recovered.

Among Keating Law Offices’ most notable successes this year, the firm’s attorneys secured $1,250,000 for the family of a bicyclist who was tragically killed in a motor vehicle collision in Chicago. The firm has been consistently recognized as a leading legal authority on cyclists’ rights in Illinois and for obtaining significant settlement money for their clients with injuries to any extent.

Notable 2020 results by Keating Law Offices include:

• $1,250,000.00 for the family of a Chicago bicyclist killed in a crash with a motor vehicle on Chicago's north side. 
• $500,000.00 for a Chicago bicyclist who suffered a broken arm when doored while biking in Chicago.
• $400,000.00 for a West Suburban bicyclist who suffered a broken leg when struck by an uninsured driver.
• $300,000.00 for a Chicago bicyclist who suffered a concussion after being struck by a delivery truck.
• $300,000.00 settlement for a Northern Illinois bicyclist who was struck by a driver while on a training ride.
• $300,000.00 for a Northwest Suburban girl injured in a bicycle crash. The money was placed in a structured settlement to help pay for college. 
• $200,000.00 settlement for the victim of a crash. 
• $175,000.00 for a bicyclist who was doored by a driver exiting a semi-truck. 

Keating Law Offices’ attorneys have consistently secured significant settlements for a wide variety of cases ranging from personal injury, wrongful death, and nursing home abuse while specializing in securing settlements for injured bicyclists. Over the years, Keating Law Offices has helped hundreds of injured clients recover financial compensation and have been recognized for their success in the field. In 2020 alone, Leading Lawyers Magazine named attorney Michael Keating as a Leading Personal Injury Plaintiff’s Lawyer and also named attorney Catelyn Viggiano as an Emerging Personal Injury Plaintiff’s Lawyer, a considerable achievement and honor in the field. In addition, SuperLawyers Magazine and Chicago Magazine named Michael Keating a 2020 SuperLawyer and Catelyn Viggiano as a "Rising Stars" within the SuperLawyers network. 

With decades of experience, Keating Law Offices is honored to serve the bicycling community and earn the reputation of national leaders in bicycle law. The firm is proudly active in the Chicagoland area’s cycling community and will continue to fight for the rights of injured cyclists.

All Keating Law Offices Attorneys Named Super Lawyers for 2020

CHICAGO, IL (January 30, 2020) – All of the attorneys at Keating Law Offices have been named to the 2020 Illinois Super Lawyers and Illinois Rising Stars list. Super Lawyers makes its selections with a patented multi-phase selection process that evaluates each candidate on twelve indicators of peer recognition and professional achievement on an annual basis. Of all the attorneys in Illinois, only 5% of attorneys receive the distinction of being a Super Lawyer and only 2.5% of attorneys in Illinois receive the Rising Star designation.

Keating Law Offices' founder Michael Keating was named a 2020 Illinois Super Lawyer. Associate Attorney Catelyn Viggiano was named a 2020 Illinois Rising stars.

KLO founding attorney Michael Keating said, "Everyone at Keating Law Offices is proud of the fact that Super Lawyers has chosen to recognize all of our attorneys.  In particular, we are extremely grateful that the hard work and dedication of Catelyn Viggiano was illuminated. This recognition reflects our firm's commitment to our clients and our community at large. It also reflects the results we have been able to consistently deliver to our clients. Keating Law Offices' representation of our clients is a sacred obligation that we take very seriously."

About Keating Law Offices, P.C.

Keating Law Offices is a premiere personal injury and wrongful death law firm. The firm is based in Chicago, Illinois and represents clients throughout Illinois. If you have any questions regarding Keating Law Offices please contact the firm at 312-239-6787 (Office). Our staff and operators are available around the clock. You can also email Info@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 absolutely free.

What NOT To Do If You've Been A Victim Of A Bicycle Crash

The Chicago Bike Flag - Keating Law Offices, P.C.

The calendar pages have turned to 2016 and everyone is making New Year's resolutions. The Illinois Bicycle Lawyers at Keating Law Offices have previously discussed at length what TO DO if you have been in a bicycle accident. But in keeping with the theme of New Year's resolutions, here are some actions to definitely skip if the unfortunate strikes and you are injured in a bicycle accident.  A resolution should be one that improves your life in some measurable way, so keep these steps in mind, as they can make a big difference:

Refusing Medical Care Even Though You Are Injured: You're scared. You're injured. The adrenaline is pumping and everything is a blur. People are all around you telling you what to do. You're also in pain. But you are worried about the cost of an ambulance or an E.R visit. You just really want to get home and figure you will be OK soon enough so you skip getting medical attention. The ramifications from this decision range from medical to legal. By not getting medical attention you are risking making a medical situation that was treatable much, much worse by waiting. You also miss the opportunity for your injuries to be documented near the time the injury occurred. This is very important to medical professionals who may provide treatment in the future. From a legal standpoint electing not to take an ambulance or get immediate medical attention causes insurance adjusters and insurance defense attorneys to question the seriousness of the injury. Even though the decision to not seek medical attention had nothing to do with the need for it, the absence of documented injuries at or near the time of the injury will forever cause a "question" in the minds of those that are paid to keep you from getting the compensation you deserve. If there is insurance coverage for the bike accident, the medical bills will most likely be covered that way. And in cases where there isn't insurance and you are unable to pay, most hospitals will consider a waiver of charges through a charitable application.

Hitting Social Media With Details Of Your Crash: Being in a bike accident is a big deal, and like a lot of major events in your life you want to tell your friends about it on social media. Don't. Those same insurance adjusters and insurance defense attorneys will use any small detail that they can find and try to use it against you. We've even heard the argument, "How could they be so hurt if they were still on social media?" This makes no sense because you only need a working thumb and you can post, but that's besides the point. Don't give anyone fuel to try and deny you the opportunity to compensate you for what you've been through. If you want to communicate with your friends and family about how you're doing, do so privately and not in a public forum.

Trying To Handle The Insurance Claim On Your Own: That lady from the insurance company who called you seemed really nice and genuinely concerned for your well being. She said that the insurance company would pay your part of the medical bills and you had nothing to worry about. She just needs to take your statement over the phone oh, and you don't mind if she records it, do you? Well, you have a lot to worry about as this is the oldest insurance company scam in the book. The insurance adjuster doesn't tell you that they will use the recorded statement against you if it is convenient. What that adjuster also fails to mention is that a personal injury claim is made up of more than just your medical bills. You are entitled to be compensated for time lost from work, pain and suffering, loss of a normal life, and other compensable damages under Illinois personal injury law. In addition, if your bike was damaged you can also get compensation for the property damage. Insurance companies spend literally billions of dollars every year fighting claims, you should have someone fighting on your behalf. Our involvement in hundreds of cases has made a large difference in the outcome of the case by getting maximum compensation for ALL the parts of your personal injury case. Insurance companies - fairly or not - treat attorneys differently than they do the injured person. The attorneys at Keating Law Offices work 100% on a contingency fee basis meaning you pay absolutely nothing - zero - unless we successfully resolve your case. We do not accept a single penny from you directly and only get paid directly from the insurance company proceeds when your case is resolved. President Abraham Lincoln may have said it best when he said, "He who represents himself has a fool for a client." You have nothing to lose by contacting the Illinois bike attorneys at Keating Law Offices. All initial consultations are absolutely free and with no obligation. Call or email anytime. We are here to help.

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The law firm, which only handles personal injury and wrongful death cases, is based in Chicago, Illinois and represents clients in every county in Illinois. If you have any questions rplease 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 100% confidential and absolutely free and without any obligation.

Chicago, IL Bike Accident Attorneys

Keating Law Offices Files Lawsuit on Behalf of Chicago Bicyclist Sideswiped by CTA Bus

Western Avenue at Walton - Scene of bicycle accident involving a Chicago bicyclist and CTA bus.

The Illinois Bicycle Lawyers at Keating Law Offices have filed a lawsuit on behalf of an injured Chicago bicyclist against the Chicago Transit Authority (CTA) and one of its bus drivers. The lawsuit stems from a bicycle crash that occurred on the afternoon of July 18, 2014 near Chicago's Ukrainian Village neighborhood.

Prior to the crash, the bicyclist was riding southbound on North Western Avenue near its intersection with West Walton Street. At the same time, the driver of a CTA bus began passing the bicyclist on the left side of her bicycle. According to the report filed by the responding Chicago police officer, the bicycle rack on the front of the bus first clipped her handlebar and then the aluminum frame of the advertisement on the side of the CTA bus again "clipped" the handlebar a second time. According to the police report, the bicyclist was dragged along the bus before being able to push away from the bus. While she was able to keep from falling underneath the bus, she still crashed onto Western Avenue.

The CTA bus driver continued to drive southbound on North Western Avenue until a passenger alerted the bus driver about the alleged incident. According to reports, there are multiple witnesses to this collision. As a result of this injury, the bicyclist suffered a severe injury to her ulnar nerve near her elbow. This injury required a surgical repair that left the bicyclist with a permanent scar. The bicyclist also continues to suffer from decreased strength and dexterity in her hand and arm from the injury. In addition, the injured bicyclist suffered abrasions that left scars throughout her body.

The lawsuit alleges that the CTA, by and through its employee, was negligent for failing to meet certain laws and requirements related to the handling of a bus around a bicycle. The Illinois Vehicle Code states that a driver of a vehicle overtaking a bicycle traveling in the same direction shall pass to the left of that bicycle at a safe distance in order to safely clear said bicycle.  625 ILCS 5/11-703(a).

In addition, Section 9-36-010 of the Municipal Code of Chicago requires something known as the “3-Foot Rule.” That is, the operator of a motor vehicle (in this case a bus) that is overtaking a bicycle traveling in the same direction on a highway must leave a safe distance, but not less than 3 feet, when passing the bicycle. The motor vehicle must then maintain that distance until safely past the overtaken bicycle.

According to the lawsuit filed on January 29, 2015 in the Law Division of the Circuit Court of Cook County, the CTA bus driver allegedly failed to leave the safe distance of at least 3 feet between the bus and the victim bicyclist. The lawsuit also alleges that the driver of the CTA bus allegedly failed to safely clear the victim and her bicycle and these failures caused the bicyclist to lose her balance and fall into the side of the bus.

All Illinois drivers have a duty to keep a proper lookout for bicyclists or other vehicles upon said streets. If a driver were to fail to keep a proper lookout for a bicyclist and then struck said bicyclist, that driver would be liable for the injuries the bicyclist suffered. All Illinois drivers also have a duty to make sure that their vehicles move into a lane of traffic safely and that they exercise due care to avoid colliding with any person operating a bicycle. Bicyclists have a right to obtain compensation for injuries caused by a driver who does not exercise due care while operating his or her vehicle. 

Bicyclist Wins Claim Even After Motorist Provides False Information at the Scene

The Illinois Bicycle Lawyers at Keating Law Offices recently settled a claim on behalf of a bicyclist struck by a motorist on August 5, 2012 in Chicago, Illinois. On the date of the collision, the bicyclist was riding eastbound on West Diversey Avenue when she was struck by a motorist traveling in the same direction when the motorist attempted to turn right across the bicyclist's path to enter the I-94 East onramp. Due to the impact, the bicyclist crashed into the pavement and was knocked unconscious as well as suffering multiple other abrasions and deep tissue injuries to her body.

Upon regaining consciousness, the bicyclist was transported to the emergency department at Norwegian American Hospital before the police arrived at the scene. Moments before the bicyclist was taken from the scene of the collision in an ambulance, the responsible motorist provided what turned out to be fake contact information to the injured bicyclist. At the emergency room, the bicyclist was diagnosed with numerous injuries requiring months of physical therapy and chiropractic care.

The bicyclist retained the Illinois Bicycle Attorneys at Keating Law Offices to represent her within days of the collision. For nearly a year, we worked tirelessly exploring numerous avenues to determine the true identity and contact information for the responsible motorist. After significant efforts that included contacting the Illinois Secretary of State and utilizing a private detective service, we located the motorist during the summer of 2013. After locating the true whereabouts of the motorist we then contacted multiple insurance companies to find out if he was one of their insureds. Ultimately this persistence paid off and the actual insurance company was located. Following negotiations with the insurance company, the Illinois Bicycle Lawyers recently reached a very favorable settlement on the bicyclist's behalf that paid for all of her medical treatment and compensated her for her pain and suffering.

This case highlights the significant importance of remaining at the scene of a collision until law enforcement arrives whenever it is medically possible.  The most reliable way to obtain the true identity of a responsible motorist is to get documented proof at the scene of the collision. Without the identity of the responsible party, recovery from that party's insurance company is extremely difficult. Fortunately, we were able to determine the true identity of the responsible party in this case after numerous attempts and significant delay, but all too often clients receive inaccurate information at the scene and are left without a source of recovery. However, if ever faced between getting medical treatment and staying at the scene, always take care of yourself and get medical treatment first. 

Keating Law Offices is the premiere law firm handling bicycle-related cases in Illinois. The firm is committed to the representation of bicyclists who have been injured as a result of the negligence of others. 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.