Chicago Bicyclist Killed in Collision in North Damen Bike Lane

A 59-year old Chicago bicyclist was killed when the driver of a passing vehicle struck him in the 5100 block of North Damen Avenue in Chicago's Ravenswood neighborhood on Monday night. According to reports, the fatal crash occurred at approximately 8 p.m. This stretch of North Damen Avenue is immediately outside of Amundsen High School and has a clearly marked and designated bike lane.

The bicyclist was riding northbound when he was struck. News reports indicate that the driver of the Volvo motor vehicle was highly intoxicated with a reported .20 blood alcohol level which is two and a half times the legal limit in Illinois of .08.

The Chicago Police Department's Major Accidents Investigation Unit are investigating. Given the location of the crash outside of Amundsen High School there is a strong likelihood that there is video evidence of the crash. Based on the facts as reported, in addition to the issues with intoxication, the driver of the Volvo violated the following sections of the following bicycle laws in the City of Chicago and State of Illinois: 

• Failed to maintain a safe minimum distance of three feet when passing a bicycle, contrary to and in direct violation of 625 ILCS 5/11-703(d);
• Improperly overtook or passed on the left when such movement could not be made without interfering with the safe operation of the vehicle to be overtaken, contrary to and in direct violation of 625 ILCS 5/11-705;
• Operated the vehicle so as to form an unreasonable obstruction to traffic, in violation of Section 9-40-130 of the Municipal Code of Chicago; and
• Operated the vehicle in such a manner and in such a place so as to impede bicycle traffic, traveling in a portion of the roadway marked for the shared use of motor vehicles and bicycles, in violation of Section 9-40-060 of the Municipal Code of Chicago.

The fact that the driver was intoxicated would also be the basis for this to be a "reckless" act and should result in a felony charge by the Cook County State's Attorney's Office. This is based on a provision within the Illinois Vehicle Code (625 ILCS 5/11-703(e) that enhances the penalty for crashes where the bicyclist is seriously injured or killed. Attorney Mike Keating authored legislation that was presented to the Illinois General Assembly to extend the ability of prosecutors to use this law in bicycle crash cases. 

This fatal crash once again raises issues surrounding the lack of a protected bicycle lane as opposed to simply the painted bicycle lane at the location of the crash.

Our most sincere condolences are with the family and friends of the fallen bicyclist. May he rest in peace.

Chicago Cyclist Killed In Crash With Semi-Truck On Ashland Avenue

The Chicago cycling community is again faced with another tragedy due to the death of a young cyclist on Friday night. According to the Chicago Police Department, the fatal crash occurred at approximately 10:20 a.m. on Friday, December 10th in the 4000 block of South Ashland Avenue. This is a stretch of Ashland Avenue that is heavily trafficked with semi-trucks and other industrial traffic due to the nearby Norfolk Southern Railyard and accompanying rail road tracks.

According to the Illinois Traffic Crash Report, the collision occurred when a truck driver turned a 2017 International tractor and connected trailer right across the bicyclist as the truck turned from Ashland Avenue into the driveway of a business. The truck driver reportedly never saw the cyclist and was only aware of the collision because he heard the sound of the contact. The responding Chicago police officers ultimately ticketed for failure to exercise due care in the presence of a cyclist. The driver has a January court date at the Daley Center in Chicago.

Right Hook Crashes

This turn would put the semi-truck across the path of an oncoming cyclist. This type of crash is what is known as a "right-hook" collision. In Chicago, the Chicago Municipal Code addresses this scenario. Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles. The infographic at the bottom of this post details right-hook and left-hook bicycle crashes.

The City of Chicago's ordinance 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.”

Illinois and Federal Laws Address Duties of Truck Drivers

There are specific state and national laws that apply to drivers of commercial trucks. The drivers of commercial trucks are expected to be professionals and drive with the utmost care. These drivers are typically required to carry a Commercial Drivers License (CDL). These rules and regulations exist not just in state and local laws, but also in federal regulations. 

Here are some of the key laws that apply to a bicycle crash of this nature:

• 49 C.F.R. Section 383.111 of the Code of Federal Regulations requires a professional driver to recognize and avoid potential hazards at all times.
• Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact.

A Loss of A Life

Often lost in the details of news stories is the person who lost their life. Many in the Chicago cycling community have posted heartfelt tributes to the cyclist and planned an upcoming memorial on the 606 trail. Our thoughts and prayers are with the family and friends of the cyclist. May he rest in peace.

About Keating Law Offices

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle crashes in Illinois. The firm is based in Chicago, Illinois with locations in Chicago's West Town Neighborhood and the Loop. The firm was founded by attorney Mike Keating who is the Chair of the Bicycle Litigation Committee for the American Association for Justice. The firm has successfully represented hundreds of cyclists and their families. Through the years the firm has earned a reputation as trusted and valued member of Chicago's cycling community. 

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). The firm has staff that also speaks fluent Spanish and Polish. 

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 Bicyclist Killed In Collision With Van In Jefferson Park

The Chicago Sun-Times reported that a 59-year-old man named Thomas Travers passed away on Monday July 26, 2021 after being struck by a van on North Milwaukee Avenue. The collision occurred in the northwest side neighborhood of Jefferson Park. Mr. Travers spent two days at St. Francis Hospital in Evanston, Illinois after the crash where he sadly passed away due to the multiple injuries he sustained from the accident.

The crash occurred in the afternoon of July 24, 2021, on the busy road of the 5300 block of North Milwaukee Avenue. Milwaukee Avenue is a popular street among cyclists in Chicago because of the miles of designated bike lanes that cross throughout the different neighborhoods in the city. The bike lanes of Milwaukee Avenue are used by cyclists of all ages riding throughout the day.

Although the report has limited details about the accident, the Chicago Sun-Times states Mr. Travers was traveling in the bike lane while having to "weave" around at times. This would seem to imply that the bicyclist was entirely at fault. However, the Municipal Code of Chicago mandates that every driver use extra caution to avoid crashing with a pedestrian or bicyclist on the road. 

Section 9-40-160 of the Municipal Code states as follows:

"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."

Stated differently, drivers are required to be extra cautious and give a warning in order to avoid a collision with a pedestrian and a bicyclist in ALL situations and take extra care if the person appears to be confused or incapacitated. 

The tragic death of Mr. Travers is another unfortunate reminder of the dangers we all face while riding on the road. Although the 5300 block of North Milwaukee Avenue has a clearly marked bike lane as shown above, the paint that makes the bike lane is not enough to keep cyclists in our community safe. Our prayers are with the loved ones of Thomas Travers.

Kevin Clark, Chicago Cyclist and Noted Musician, Killed in Bicycle vs. Car Crash

Multiple news agencies are reporting that Chicago cyclist and noted musician Kevin Clark was killed in a bicycle crash early Wednesday in Chicago's Avondale neighborhood. Kevin was riding eastbound on Logan Boulevard across Western Avenue when he was struck by a Hyundai Sonata travelling southbound on Western Avenue. Early reports indicate that the light for eastbound Logan Boulevard was red at the time of the crash and the driver was proceeding through the intersection on a green light. 

However, news reports also indicate that the 20-year old driver was issued traffic tickets for undisclosed violations and that an investigation by the Chicago Police Department was still ongoing. It is very likely that the Chicago Police Department's Major Accidents Investigation Unit (MAIU) is involving in the crash given that it is a tragic fatality. It is important to note that under both Illinois and Chicago law a motor vehicle travelling through an intersection is supposed to slow at the intersection no matter what the traffic signal is at the time the driver enters the intersection. 

Kevin Clark, 32,  rose to fame early in life in the movie "School of Rock." Kevin was a Highwood native and a dedicated part of Chicago's music scene. It appears that like many of us Kevin chose to use his bike to get around the city. The loss of Kevin is another tragic reminder of the risks Chicago cyclists face.

Our most sincere thoughts and prayers are with the family and friends of Kevin Clark. 

River Forest Cyclist Killed In Crash In Oak Park Near "Share The Road" Sign

The Chicago Sun-Times is reporting that an Oak Park bicyclist by the name of Peter McDonnell tragically died as a result of injuries sustained in a bicycle vs. motor vehicle crash. According to the article, Mr. McDonnell tragically succumbed to the injuries sustained in the crash after days at Loyola University Medical Center. 

The crash occurred on March 9th at the intersection of Division Street and North Harlem Avenue in west suburban River Forest. This intersection is right by Dominican University and is regularly travelled by cyclists. Images of the area show that right on Division Street is a "Share The Road" sign warning drivers of the presence of cyclists and instructing them to give cyclists room on the roadway. 

While details of the crash have not been reported, it is worth noting that the Illinois Vehicle Code generally provides that motorists should give deference to cyclists. Section 11-1003.1 of the Illinois Vehicle Code states that all drivers must "exercise due care" to avoid colliding with any person riding a bicycle. Due care is the legal principle that one should act like any other reasonable person would act when faced with the same or similar circumstances. In other words, Illinois drivers should drive extra carefully around cyclists. 

This is another tragic reminder of the dangers that cyclists face on the roadways and how vulnerable we are when riding. Our most sincere thoughts and prayers are with the family and friends of Peter McDonnell. 

75-Year Old Cyclist Killed in Crash with Driver of Motor Vehicle in Cicero

75-year-old cyclist, Efren Avitia, was killed in a crash in near west suburban Cicero on Friday, November 13, 2020. According to a Chicago Sun-Times article, the victim was struck by a vehicle when he was biking near 31st Street and Austin Boulevard at about 10:00 a.m. The victim was transported via ambulance from the scene of the crash to Northwestern Memorial Hospital where he was pronounced dead early Saturday morning.

An autopsy of the victim found that the person died of multiple blunt force injuries and the death was ruled an "accident." The use of the term "accident" is one chosen by law enforcement and only means that the crash was not caused intentionally. The term "accident" in this context does not mean that the crash was determined to be unavoidable. "Accident" in this context is also meant to be distinguishable from "intentional" which is when the driver purposefully causes the crash. 

While details about this crash are otherwise limited, based on the facts available it seems to be a case where the Illinois Vehicle Code would still provide protection for the cyclist. Section 11-1003.1 states:

“[E]very 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 power and shall give warning by sounding the horn when necessary . . . .”

The key component of Section 11-1003.1 of the Illinois Vehicle Code is the “due care” clause. Under the law, "due care" means the "care that an ordinarily reasonable and prudent person would use under the same or similar circumstances." In other words, cutting off bicyclists, making left-hand turns in front of bicyclists, tailgating bicyclists, etc. are actions far from "due care." Motorists not only should give bicyclists respect, but they are required to give respect as it is what the legal notion of "due care" requires. The driver involved in this collision should have exercised all reasonable precautions to avoid crashing into Mr. Avitia and causing this horrendous result.

Our thoughts and prayers are with the victim of this crash as well as their family and friends.

Aurora Police Request Help in Identifying Driver in a Fatal Hit-and-Run

Another Chicago-area bicyclist has lost their life in a hit-and-run crash. On November 14th, 27-year-old Dragomir Misic was struck in a fatal hit-and-run collision in west suburban Aurora. The bicyclist was riding near the intersection of Montgomery Road and White Eagle Drive around 7:30 p.m. The driver then fled the scene. Aurora Police are asking for the public’s help regarding any information about the crash. 

If anyone knows any information about the collision, you are encouraged to call the Aurora Police Department at 630-256-5330 or the Aurora Area Crime Stoppers at 630-892-1000.

Key Steps To Follow If A Victim Of A Hit-and-Run

Based on the facts reported, the driver involved in this bicycle crash violated many of the Illinois Rules of the Road. The fear of knowing they were in the wrong is the motivation behind many drivers fleeing. Regrettably, hit-and-run collisions are a reality and it is important to protect yourself in such a scenario, especially if you are a bicyclist. Bicycle accidents are very sensitive and often more challenging than cases involving just motor vehicles. Therefore, any bicyclist that was hit by a motor vehicle, even one that fled, has rights and should protect them by ensuring a few things:

• Even if the at-fault driver has fled the scene, it is essential to still file a police report. Police resources will greatly increase your chances of identifying and locating the hit-and-run driver. Additionally, when it comes to filing a claim, an insurance company providing uninsured motorist coverage will almost always require that an investigation was initiated in an effort to identify the at-fault individual.
• Taking care of yourself and your health is the most important thing after any type of injury. Likewise, it is crucial that you seek medical attention immediately following the collision, as there need to be records and documentation of the injuries, in order to be able to recover later.
• Lastly, identifying any potential witnesses to the collision and taking down their contact information is key. Individuals who were present at the collision scene might not only be able to help identify the fleeing motorist, but they can also help with identifying what exactly happened during the collision.

Illinois Laws Require Drivers To Give Aid To Injured Bicyclists

It is the law in Illinois for drivers to render aid to an injured bicyclist. Drivers in Illinois who are involved in a crash are legally required to:

• Stay at the scene of the crash long enough to provide the injured party with their information; and
• If necessary or if requested to arrange for medical care for the injured bicyclist. 

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."

Beyond the law, there is a fundamental human need for all users of the roadways to assist one another. The act of a hit-and-run is indefensible. The driver involved in this crash should face swift and certain justice.

Illinois Bicyclist Killed in Crash with Passing Truck in Southern Illinois

Last Thursday, November 5, 2020, a bicyclist was killed in a collision with a truck while cycling in southern Illinois. According to reports, 58-year-old David Coleson was riding a bicycle southbound on Illinois 3 near its intersection with Airport Road in Alexander County. Alexander County is best known for being the southernmost county in the State of Illinois. 

The Illinois State Police reported that Mr. Coleson was killed after we was struck by a truck while riding his bicycle. According to the Illinois State Police the collision occurred when both Mr. Coleson and the driver of the truck were both travelling southbound on Illinois 3. The driver reported that Mr. Coleson turned left into the truck at the moment the truck passed and the driver of the truck was unable to avoid striking the bicycle. 

The Illinois State Police continue to investigate this fatal crash. 

"Improper Passing" of a Bicyclist: The 3-Foot Rule

The only available information is contained in news reports which seem to primarily use the Illinois State Police's report as the basis of their information. As such, the information available is limited and it would be unfair to make conclusions as to what exactly occurred. 

What we do know is that in Illinois a driver of a motor vehicle passing a bicyclist has certain duties to the bicyclist when passing. If there was contact between the truck and the bicyclist then there could be a violation of the "3-Foot Rule" which is based on sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This Illinois Rule of the Road provides as follows:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703)

Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: 

(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

The 3-Foot Rule requires a minimum of 3 feet between the bicycle and the motor vehicle when the motorist passes the bicyclist. The motorist is required to "leave a safe distance" that is not necessarily determined by the number of feet. In addition, the driver must maintain this distance of at least three feet until the motorist is "safely past" the overtaken bicyclist. While the specific information available is only available from these reports, common experience suggests that there was little reason for a bicyclist to turn into a passing truck. Ideally the Illinois State Police's investigation provides more information, on way or another, as to the circumstances surrounding this tragedy. 

Our thoughts and prayers are with the family and friends of Mr. Coleson and everyone affected by this tragic loss of life. 

Illinois Bicyclist Loses Life In Crash With Semi-Truck in Mahomet, Illinois

A bicyclist has lost their life as a result of injuries sustained in a collision with a semi-truck near  Mahomet, Illinois in Champaign County. According to reports, David Powell was killed when he was struck by a semi-truck driver who failed to provide the legally required distance when passing the bicyclist. The crash occurred on Friday around 9:30 a.m. when 46-year old David Powell was bicycling northbound on Illinois 47. This roadway is frequently used by bicyclists as it is just north of the Lake Of The Woods Bike Path. The roadway is one way in each direction. At the same time Roman Sydoruk, a 41-year old semi-truck driver from Michigan City, Indiana, was also travelling northbound on Illinois 47. 

"Improper Passing" of a Bicyclist: The 3-Foot Rule

As the driver came upon the bicyclist the collision occurred. According to news reports, the driver claims that he attempted to pass the bicyclist but struck the bicycle. Regardless of intended action, if there was contact between the semi-truck and the bicyclist then there was a violation of the "3-Foot Rule" which is based on sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This statute provides as follows:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703)

Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: 

(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

The 3-Foot Rule is often misconstrued as requiring just three feet at the moment of passing on a roadway. The Illinois vehicle law actually requires a minimum of 3 feet between the bicycle and the motor vehicle when the motorist passes the bicyclist. In addition, the driver must maintain a distance of at least three feet until the motorist is "safely past" the overtaken bicyclist. The driver in this tragic case was ticketed for improper passing. 

Illinois and Federal Laws Address Duties of Truck Drivers

There are specific state and national laws that apply to drivers of commercial trucks. The drivers of commercial trucks are expected to be professionals and drive with the utmost care. These drivers are typically required to carry a Commercial Drivers License (CDL). These rules and regulations exist not just in state and local laws, but also in federal regulations. Here are some of the key laws that apply to a bicycle crash of this nature:

• 49 C.F.R. Section 383.111 of the Code of Federal Regulations requires a professional driver to recognize and avoid potential hazards at all times.
•  Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact. 

A Loss of A Life

Often lost in the details of news stories is the person who lost their life. David Powell was an experienced cyclist and very involved in the Champaign-Urbana road cycling community. The loss of David is more than a news story and certainly more than a statistic. Our thoughts and prayers are with the family and friends of David. May he rest in peace. 

Deer Park, Illinois Driver Identified and Charged in Fatal Hit-and-Run Bike Collision in Barrington, Illinois

Nearly two years after a driver struck and killed an Illinois bicyclist, the driver who originally fled the scene is facing the criminal justice system. According to news reports, the Barrington Hills police department along with the Major Crash Assistance Team of Lake County located and identified the driver of a hit-and-run fatal bicycle collision that took place in Barrington Hills, Illinois on May 11, 2018. 

28-year old Rafal Ryndak of Schiller Park died as a result of injuries sustained in the crash. The driver has been identified as Tommy Walker III. With assistance of the Cook County’s states attorney’s office, Tommy Walker III was charged on Wednesday, April 1, 2020 with leaving the scene of an accident involving death. At this time there is no information as to whether additional charges related to the fatal crash are pending.

Illinois Law Requires Drivers Involved In Bike Crashes to Stay at Scene

Illinois law provides that a motorist has a responsibility under the law to stay on the scene of a crash. Back on May 11, 2018 around 10:00 p.m. bicyclist Rafal Ryndak, 28 of Schiller Park was riding his bicycle home. Rafal was riding on Route 59 just south of Route 68 in Barrington Hills, Illinois when the fatal crash took place. There are no reports as to the direction of travel of the motor vehicle at the time of the crash. However, witnesses reported the driver fleeing the scene. When Barrington Hills police arrived on scene, Rafal was tragically found to be unresponsive and was pronounced dead at the scene. 

In addition to however the crash took place, drivers in Illinois who are involved in a crash are also legally required to:

1) Stay at the scene of the crash long enough to provide the injured party with their information; and

2) If necessary or if requested to arrange for medical care for the injured bicyclist. 

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."

Rather interestingly, in 2011 the law regarding hit-and-runs in Illinois was amended to allow the motorist to avoid prosecution for the hit-and-run by notifying the authorities within a half hour of the accident or within a half hour of being discharged from the hospital for an injury or incapacitation suffered in the crash. 

Section 11-401(b) of the Illinois Vehicle Code provides as follows:

"Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of (staying at scene requirements)."

There is no reasonable excuse for a hit-and-run. Illinois law provides reasonable requirements for drivers who have been involved in a crash to stay involved. Even in instances where the driver is injured, there is still a window of time to legally report the crash.

Another Fatal Crash Involving an Illinois Bicyclist

Our thoughts are with the family and friends of Rafal Ryndak. In addition to the massive loss involving in his wrongful death, there is also the tremendous insult of the driver not following the law and taking responsibility for his involvement in the crash. Not only did the driver not stay on the scene, but left behind a bicyclist who was fatally injured. Illinois law, let alone common decency, provides that we help those who have been injured. Rest in peace, Rafal. 

Lawsuit Filed on Behalf of Chicago Cyclist Killed in Hit-and-Run

Attorney Michael S. Keating of Keating Law Offices has filed a lawsuit on behalf of a Chicago bicyclist who was tragically killed in a hit-and-run crash on September 23, 2018. The lawsuit was filed on behalf of the Estate of Jesse Rodriguez, the Chicago bicyclist who was riding near the intersection of Devon Avenue and the North Shore Channel trail when a juvenile driver turning from McCormick Boulevard to Devon Avenue jumped the curb and struck the bicyclist. The motorist then ironically struck a "Yield To Bikes" sign before fleeing the scene.

The North Shore Channel trail runs alongside McCormick Boulevard. Devon Avenue is frequently used by bicyclists connecting from the North Shore Channel trail on the west side of the channel to the east side. The trail on the east side of the river then connects to trails alongside the Chicago River.

The driver fled the scene before later turning himself into police after images of the vehicle and license plate were released. The boy was charged with felony counts of reckless homicide, leaving the scene of an accident and failure to report an accident. The juvenile case is currently pending under seal in the Juvenile Division of the Circuit Court of Cook County. It is notable that authorities charged the motorist with "reckless" driving meaning that the acts were egregious and not just a mistake. The civil case is currently pending in the Law Division of the Circuit Court of Cook County. The lawsuit alleges that this preventable crash occurred because the motorist did not follow even the most basic duties of a motorist. The lawsuit further alleges that the motorist:

• Drove on a sidewalk contrary to and in direct violation of Section 9-40-070 of the Municipal Code of Chicago;
• Failed to exercise due care to avoid colliding with any person operating a bicycle, contrary to and in direct violation of Section 9-40-160 of the Municipal Code of Chicago;
• Drove unnecessarily close to, toward, or near a bicyclist, contrary to and in direct violation of 625 ILCS 5/11-703(e);
• Carelessly and improperly operated his motor vehicle at a speed greater than was reasonable and proper in regard to traffic conditions, contrary to and in direct violation of 625 ILCS 5/11-601;
• Failed to apply the brakes of his motor vehicle and reduce speed at such a distance as to control the movement of and stop said vehicle before impact, contrary to and in direct violation of 625 ILCS 5/11-601;
• Failed to keep a proper lookout for bicycles and other vehicles on the roadway;
• Failed to keep said motor vehicle under proper and sufficient control; and
• Failed to stop and remain at the scene contrary to and in violation of Section 11-401(a) of the Illinois Vehicle Code.

Attorney Michael S. Keating said the following about this occurrence, "This is yet another tragic example of the life of a Chicago bicyclist lost in a crash that was entirely preventable. The bicyclist here could not have been more experienced and in a place where he could expect to be protected from motor vehicle traffic. This crash should simply have never occurred and the age of the motorist is no excuse."

Chicago Bicyclist Angela Park Tragically Killed In Crash With Turning Truck

News outlets are reporting that the bicyclist who lost her life in a crash in the West Loop was 39-year old Angela Park of Chicago. The crash occurred at the intersection of Halsted Street and Madison Street. Angela was riding northbound on Halsted where the Halsted Street bike lake has existed for decades. The truck involved in the crash was a dump truck owned and operated by Lakeshore Recycling. The truck was turning right from northbound Halsted onto eastbound Madison when the crash occurred. The exact circumstances of the crash are yet to be determined as there is a major construction project on the southeast corner of Madison and Halsted that has led to frequent changes in the traffic patterns at that intersection. 

The crash was what is known as a “right hook” crash where the truck turned right across the path of the bicyclist. Since the Halsted Street bike lane is to the right of the northbound lane, the truck would cross over the bike lane when turning from Halsted onto eastbound Madison Street. The crash occurred at 7:10 a.m. on a weekday when this area of the West Loop is full of commuters on their way into the Loop for the workday. The presence of a bicyclist on the Halsted Street bike lane is not only common it is constant at this time of the day. Chicago law requires the operators of motor vehicles to utilize “due care” in looking for bike traffic. 

In addition, a “right hook” is strictly prohibited by law.  In Chicago the Municipal Code addresses right hooks. 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.” 

Based on the reports, it appears that the operator of the truck also acted contrary to the Illinois Vehicle Code and also Federal requirements. These requirements provide that 1) the driver of a cement truck like this should "keep a proper lookout" for bicycles but 2) to not turn right until it is safe to do so. It is axiomatic that if a vehicle is "clear" to turn, that a bicycle crash cannot occur.

Here are some of the key laws that apply to a bicycle crash of this nature:

• 49 C.F.R. Section 383.111 of the Code of Federal Regulations requires a professional driver to recognize and avoid potential hazards at all times around a turning tractor truck. 
•  Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact. 

Legal analysis aside it is important to remember that Angela Park was a member of Chicago’s bicycling community. This is another unfortunate reminder of the need for not only laws and policies that protect bicyclists, but strict enforcement of those laws. This is beyond sad, it is tragic in the scope of the loss against reality that it could have been avoided. Our thoughts and prayers and most sincerely with the family of Angela Park. 

Chicago Bicyclist Luster Jackson Struck By Car After Avoiding Dooring

7200 Block of South Stony Island

Chicago bicyclist Luster Jackson was killed in a scenario that is a constant fear of Chicago bicyclists. Luster was riding his bike northbound in the 7200 block of South Stony Island. According to the Sun-Times, as he was riding a driver opened their car door into Luster's path. The bicyclist swerved to avoid the car door and Luster was fatally struck by an approaching vehicle.

According to the report, the driver of the vehicle that fatally struck Jackson was issued a traffic citation. However, given the scenario described in the article, there may have been traffic violations on the part of the driver opening their car door into Luster's path and on the part of the driver that fatally struck him.

Illinois Law Requires At Least 3 Feet When Passing A Bicyclist

Illinois law requires a minimum of three feet when passing a bicyclist. So any oncoming car on Stony Island should have given at least three feet of room to the bicyclist as they approached. The "3-Foot Rule" comes from sub-paragraph (d) of Section 11-703 of the Illinois Rules of the Road. This statute provides as follows:

(625 ILCS 5/11‑703) (from Ch. 95 1/2, par. 11‑703) Sec. 11‑703. Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter:
(d) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than 3 feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

Key language in the statute is obviously that there must be a minimum 3 feet between the bicycle and the motor vehicle when the motorist passes the bicycle. But note that the statute also requires that this distance of 3 feet must be maintained until the motorist is "safely past" the overtaken bicyclist.

City of Chicago and State of Illinois Laws Prohibit Doorings

In addition to Municipal Code of Chicago, the Illinois Vehicle Code states that it is illegal to open a car door into traffic. A bicycle is a vehicle under Illinois law and is considered "traffic." Section 11-1407 of the Illinois Vehicle Code 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.”

Tragic Loss of a Chicago Bicyclist

Tragically, another Chicago bicyclist has lost their life. What is somewhat unique about this case is that it involves the actions of two other vehicles that created a "worst case scenario." Our thoughts and prayers are with the family and friends of Luster Jackson. May he rest in peace. 

Chicago Bicyclist Killed In Crash In West Town

A Chicago bicyclist was killed while riding his bike on North Ogden Avenue in Chicago's West Town neighborhood. The fatal crash occurred when the driver of a 2014 Lexus turned onto Ogden Avenue from Erie Street. This intersection is near the Ogden overpass over the Kennedy expressway where there is an on ramp for cars merging onto the northbound lanes of the expressway. This stretch of Ogden also connects the neighborhood along Grand Avenue with the River West neighborhood north of the expressway along Chicago Avenue. Due to this, many bicyclists frequently use Ogden Avenue to get over the expressway along this section of Ogden. 

No further details have been provided. The driver of the Lexus was issued a traffic ticket for failure to use due care while operating a motor vehicle. This is a general charge often used by the Chicago Police Department when the exact details are uncertain but there is evidence that the driver was not carefully operating the vehicle. The Chicago Municipal Code explicitly states that drivers must use "due care" to avoid colliding with a bicyclist. Under the law, "due care" means the "care that an ordinarily reasonable and prudent person would use under the same or similar circumstances."

Section 9-40-160 of the Municipal Code states as follows: 

"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." Amended Coun. J. 3-12-08, p. 22781, § 1

This is a sad and tragic loss. Our thoughts and prayers are with the bicyclist and his family and friends. 

Keating Law Offices Files Wrongful Death Lawsuit on Behalf of Fallen Chicago Bicyclist Louis Ray Smith

North Homan Avenue Towards Scene of Crash

Keating Law Offices has filed a Wrongful Death lawsuit on behalf of the family of deceased Chicago bicyclist, Louis Ray Smith. The lawsuit is against the driver of the motor vehicle involved in the fatal crash on the evening of June 5, 2017 near Chicago's East Garfield Park neighborhood.

Prior to the crash, Mr. Smith, a bicyclist was riding northbound on Homan Avenue near its intersection with West Lake Street. At the same time, the driver drove her motor vehicle southbound on Homan Avenue through its intersection with West Lake Street. The collision occurred on Homan Avenue.  Mr. Smith was rushed to Mount Sinai Hospital following the collision, but unfortunately, he was pronounced dead within the hour.

On June 5, 2017 the City of Chicago Police Department issued the driver a citation and the traffic court proceedings are currently on-going. The crash also remains under investigation by the City of Chicago Police Department Major Accidents Investigation Unit. Investigations by MAIU can take days or even months before their findings are released. The Chicago Police Department has obtained video from a nearby business that depicts the fatal collision. 

According to the lawsuit filed on April 24, 2018 in the Law Division of the Circuit Court of Cook County, the driver allegedly failed to exercise due care to avoid colliding with a person operating a bicycle, an action that is in direct violation of 625 ILCS 5/11-1003.1 of the Illinois Vehicle Code and Section 9-40-160 of the Chicago Municipal Code. The lawsuit also alleged that the driver disregarded a traffic control signal, drove too fast for the dark conditions and failed to yield the right-of-way and these failures caused Mr. Smith to suffer injuries that resulted in his death.

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. 

The Estate of Louis Ray Smith is represented by attorneys Michael Keating and Catelyn Viggiano of Keating Law Offices. 

Bicyclist Killed In Bridgeview In Crash With Motor Vehicle

A bicyclist was killed in suburban Bridgeview on Tuesday evening. The person was fatally struck by the driver of a motor vehicle while either walking or riding their bicycle. The crash occurred on the 87th Street Bridge between Oketo Avenue and 78th Avenue at about 6:50 p.m. The 87th Street bridge is a long bridge with multiple lanes. 

An autopsy of the victim found that the person died of multiple blunt force injuries and the death was ruled an "accident." The use of the term "accident" only means that the crash was not caused intentionally. The term "accident" in this context does not mean that the crash was determined to be unavoidable. In fact, the driver of the vehicle that killed the pedestrian was taken into custody by police and charges are pending.

There are specific sections of the Illinois Vehicle Code that protect individuals, whether they are walking or riding their bike, in situations such as this. Here are a few key sections of the Code:

• Section 11-1003.1 states: “[E]very 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 power and shall give warning by sounding the horn when necessary . . . .”
• Section 5/11-1002(e) states: “Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.”
•  Section 11-601 requires drivers to reduce the speed of their vehicle to avoid a collision.

Our thoughts and prayers are with the victim of this crash as well as their family and friends. 

Chicago Bicyclist Killed in Hit-and-Run in Humboldt Park

A 46-year old bicyclist was struck and killed by a hit-and-run driver yesterday evening in the Humboldt Park neighborhood. The driver of a 2009 Saturn SUV struck the bicyclist from behind while pulling away from a stop sign in the 3800 block West Augusta Boulevard. The vehicle ran over the bicyclist and continued driving east on Augusta. 

If anyone has any information regarding this collision, please contact the Chicago Police Department by calling 311. Images of the scene indicate that there may be a City of Chicago surveillance camera at this intersection. 

It is of great concern that as we approach 2018 so many fatal bicycle vs. motor vehicle accidents continue to occur, even with all of the progress that has been made in improving safety and increasing rights for bicyclists on the road. This collision serves as a reminder to us all about the responsibility we each owe to one another. If you have been involved in a collision, the law imposes certain responsibilities on you; however, these responsibilities should come naturally as the only right thing to do. A bicycle vs. motor vehicle collision can often be more sensitive than a collision involving just motor vehicles because the bicyclist does not have the bodily protection of a vehicle. Therefore, it is even more critical that every driver stays at the scene of the collision in a bicycle vs. motor vehicle collision. It can be the difference between life and death if there is no one else around to render help to the injured bicyclist.

Illinois Laws Require Drivers to Give Aid to Injured Bicyclists

It is the law in Illinois for drivers to render aid to an injured bicyclist. Drivers in Illinois who are involved in a crash are legally required to:

• Stay at the scene of the crash long enough to provide the injured party with their information; and
• If necessary or if requested to arrange for medical care for the injured bicyclist. 

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."

In 2011 the law regarding hit-and-runs in Illinois was amended to allow the motorist to avoid prosecution for the hit-and-run by notifying the authorities within a half hour of the accident or within a half hour of being discharged from the hospital for an injury or incapacitation suffered in the accident. Section 11-401(b) provides as follows: 

"Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of (staying at scene requirements)."

This is the second death of a bicyclist in the Humboldt Park neighborhood this year. Early in 2017 Jezniah Smith was killed in a collision with an out of state driver in a rental car. Keating Law Offices represented Mr. Smith's family in the resolution of that case. 

Keating Law Offices Obtains Wrongful Death Settlement for Family of Jezniah Smith

On January 11, 2017 Chicago bicyclist Jezniah Smith was riding his bicycle home from a nearby store. While riding westbound on Division Street he came to the intersection with North Sacramento Avenue where he was struck and killed by a rental car operated by a Florida man. The fatal collision occurred late in the evening in Chicago's Humboldt Park neighborhood. 

Despite the fact that the Chicago Police Department relied on the testimony of the driver in making its final conclusion that the driver had a green light at the time of the crash, a successful settlement was obtained for the insurance policy limits for the rental car operated by the driver. The discovery of additional insurance on the rental car by the attorneys at Keating Law Offices was particularly useful in this situation because the driver's insurance did not provide any insurance coverage for the crash. Attorney Michael Keating was able to successfully demonstrate the the known location of the different vehicles after the crash did not necessarily reflect the police department's official conclusion. 

Judge Patricia O'Brien Sheehan of the Law Division of the Circuit Court of Cook County entered an order approving the settlement in late October. The lawsuit against the driver alleged that he failed to exercise due care to avoid colliding with a person operating a bicycle, an action that is in direct violation of 625 ILCS 5/11-1003.1 of the Illinois Vehicle Code and Section 9-40-160 of the Chicago Municipal Code. The lawsuit also alleged that the driver drove too fast for the dark and wet conditions and did not decrease his speed upon entering the intersection. Physical evidence from the scene showed that the vehicle was traveling at such as speed that the impact threw Jezniah from the site of the impact and literally knocked him out of his shoes. 

The case illustrates the dangers that vulnerable bicyclists face in Chicago and the uncertainty that can surround the circumstances under which a crash occurred. Our thoughts and prayers are with the friends and extended family of Jezniah Smith.