UPDATE on Chicago Bicyclist Killed In Collision In Old Town

News outlets are reporting that a 26-year old Chicago bicyclist was killed as a result of a collision with a Mercedes-Benz in Chicago's Old Town neighborhood. Sadly, the bicyclist has been identified as 26-year old Bobby Cann, a well known and well liked member of Chicago's bicycling community.

The collision occurred as both the motor vehicle and the bicycle were traveling southbound on Clybourn near Larabee, just north of Division Street near Yojimbo's Garage, a local bike shop. Clybourn is commonly used by bicyclists as it travels on an angle southwest from Belmont through Lakeview and Lincoln Park towards the Loop.

The motorist, Ryne San Hamel, of Park Ridge has been charged with reckless homicide and aggravated drunken driving in the death of Bobby Cann.

Initial reports stated that both the motorist and bicyclist were traveling southbound. Recent information indicates that the bicyclist was going from his work in River North to his home in Lakeview.

If both the bicyclist and the motorist were traveling in the same direction at the time of the collision then this raises the question of whether the three feet separation required by the law existed if the motorist was passing the bicyclist. In simple terms, if a motorist is passing a bicycle while traveling in the same direction then the motorist must leave at least three feet between the bicyclist and the motor vehicle. Here is the text of the "Three Foot Law" in Illinois:

(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.

This is another extremely sad and tragic event where a bicyclist in Chicago has lost their life as a result of a collision with a motor vehicle. Making matters worse, is the fact that the motorist may have been under the influence at the time of the collision. This shows that no matter how many bike lanes or laws the City of Chicago implements, that a bicyclist will always be vulnerable when in the immediate presence of a motor vehicle.

Our thoughts and prayers go out to Bobby Cann's friends and family. This is another great loss to all of us.

Illinois Poised to Increase Insurance Limits Available to Victims of Bicycle Accidents

The Chicago Tribune is reporting that the State of Illinois is poised to increase the legal limits for insurance that would be available to victims of bicycle accidents and crashes caused by motorists. This legislation that would raise the minimum mandatory liability coverage for Illinois motorists was passed by both the House and Senate in Springfield now heads to Governor Quinn for final approval. Illinois Bicycle Lawyer Mike Keating is a member of the Illinois Trial Lawyer's Legislative Committee that pushed this change in the law in Springfield.

The new law would raise the minimum liability insurance required by Illinois to $25,000.00 for injury or death to one person, up from the current $20,000.00. The current minimum in Illinois of $20,000.00 is the lowest of any state in the Midwest. The new law would also increase the minimum mandatory coverage for bodily injury or death to more than one person from $40,000.00 to $50,0000.00. Further, minimum coverage for damage to property would be increased from the current $15,000.00 to $20,000.00. The increases proposed in the new law would take effect on January 1, 2015.

Click here for the full text of Senate Bill 1898

Illinois has not increased the required minimum amount of liability insurance for  Illinois motorists since first enacting the mandatory minimum in 1989. Liability insurance coverage is insurance that helps pay for injuries and damages sustained by other motorists, bicyclists, or pedestrians.

This proposed new law is a step in the right direction for Illinois, whose current minimum coverage requirements rank among the lowest in the United States. Despite the rapid increase of the cost of health care over the last 20 years, Illinois has failed to increase the minimum liability insurance required for Illinois motorists. As a result, victims of bicycle crashes often incur medical bills that far exceed the amount of liability insurance covering the motor vehicle that caused the bicycle crash. When this occurs, the bicycle crash victims may become personally liable for out-of-pocket medical costs even though the bicyclist was completely free of fault.

The proposed increased in the minimum amount of liability insured required for Illinois motorists will help ensure that victims of bicycle crashes will be fully compensated for the injuries and damages they sustain as the result of negligent motorists.

Bicyclists are entitled to the same protections under the law as any other user of the roadways. If your rights as a bicyclists have been violated and have resulted in an injury from a bike accident, or you have any questions about this blog entry, please contact Mike Keating of Keating Law Offices for a FREE consultation at mkeating@keatinglegal.com or (312) 239-6787.

The Illinois Bicycle Lawyers at Keating Law Offices have helped the Chicago bicycle community by being an advocate for bicyclist's rights and representing bicyclists who were injured in a bicycle accident or crash in civil cases. The trial lawyers at Keating Law Offices have emerged as national leaders in the field of bicycle-related litigation. Attorney Michael Keating, founder of Keating Law Offices, has been recognized by SuperLawyers and Chicago magazines and the National Trial Lawyers Association as one of the leading trial lawyers in all of Illinois.

Victim of Fatal Bicycle Crash Outside Busse Woods Identified

The victim of the fatal bicycle collision that occurred Tuesday morning near the Busse Woods Bicycle Trail in Schaumburg, Illinois has been identified. The victim of this tragic crash was 46 year old Rosaleen Waters of Elk Grove Village. Mrs. Waters was struck by an 85 year old motorist as she bicycled southbound across Higgins Road near its intersection with Route 53 on her bicycle. 

According to the Daily Herald, Rosaleen Waters was a lifelong resident of Elk Grove Village. Following her graduation from Elk Grove High School, Rosaleen attended DePaul University and worked with the Peace Corps in the African country of Burundi. She later married her husband, Tony Waters. Rosaleen was extremely close with her Irish Catholic family, including her many nieces and nephews. 

In recent years, Rosaleen  developed an interest in health and physical fitness, which lead to her love of physical activities such biking. Rosaleen and her husband Tony enjoyed riding their bikes together and often rode through the bike paths in Busse Woods. Rosaleen and Tony would have celebrated their 15th wedding anniversary just next month on June 12. 

It is difficult to put into words how tragic it is when bicyclists in the prime of their lives, such as Rosaleen, pass away unnecessarily while doing what they love. On the day of the Ride of Silence this tragic and unnecessary death further demonstrates the need for motorists and municipalities to regognize that bicyclists are most often totally vulnerable.

It is imperative that motorists learn from these devastating collisions and take whatever steps are necessary to keep a proper lookout and safely share the road with bicyclists. Existing plans for a bridge over Higgins or a more secure connection into Busse Woods near this dangerous intersection could have prevented this fatal collision. 

Rosaleen's husband Tony expressed very valid concern and frustration for the level of attention motorists give to bicyclists, stressing the importance of motorists checking crosswalks, driving at an appropriate speed, and avoiding distractions such as cellphones. We could not agree more with Mr. Waters' concerns, frustrations, and suggestions, and certainly hope that the number of recent fatal bicycle crashes serve as a necessary wake up call to motorists. 

Our thoughts and prayers are with Rosaleen's family at this tragic time. The loss of someone like Rosaleen is a loss to all of us.

Chicago Again Ranked As a Top "Bikeable" City

Walk Score, a website known for ranking the "walkability" of specific residential locations based upon proximity to amenities such as restaurants and grocery stores, recently released its new bike score rankings. The rankings assign a "bikeability" score to major U.S. cities based upon criteria such as the number of bikers using the streets, the city's terrain, and the city's investments in bicycle-friendly accommodations, such as on-street bicycle lanes and bicycle parking. 

 The Illinois Bicycle Attorneys of Keating Law Offices are pleased to report that Walk Score ranked Chicago the 10th most "bikeable" large U.S. city. Chicago was the only Midwestern city to rank among the Top 10, with Portland topping the list. 

Chicago's "bikeability" has undoubtedly increased in recent years. Following the lead of his predecessory, Mayor Richard M. Daley, current Mayor Rahm Emanuel campaigned for the mayoral office on a promise to make Chicago an even more bicycle friendly city. So far, Mayor Emanuel has made good on that promise, as millions of dollars have been invested in installing more than 200 miles of on-street bike ways in Chicago since he took office. 

The attorneys at Keating Law Offices hope the Chicago City Council will continue to invest in making Chicago an even more "bikeable" city in the coming years. Part of making Chicago "bikeable" also includes efforts to make bicycling safer. Recent developments such as the installation of protected bike lanes are particularly effective in reducing the number of bicycle accidents and crashes. In addition, proposed legislation that will increase the penalty to motorists who cause a bicycle accident or collision will also serve to reduce the risk as the threat of a heavy penalty should act as a motivation to motorists to LOOK for bicycles. 

While great progress has been made, as attorneys who handle cases stemming from bicycle accidents and crashes, we are particularly mindful of the direct improvements to the city's infrastructure and polices that reduce or even eliminate the risk of bicycle accidents or crashes.

Schaumburg Bicyclist Killed in Crash Outside Busse Woods Bicycle Trail

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Another fatal bicycle collision occurred in the Chicagoland area on the morning of Tuesday, May 14. The victim was struck by a motor vehicle around 9:00 a.m. in Schaumburg, Illinois. According to the Illinois State Police, the motorist was traveling northbound on Illinois 53 and struck the bicyclist upon exiting onto eastbound Higgins Road. However, vehicles exiting Route 53 first exit onto a frontage road before intersecting with Higgins Road. This area is immediately outside of Woodfield Mall and is a very busy and there is often heavy traffic. The area is also just to the east of the Busse Woods Bicycle Trail in the forest preserve where many cyclists ride.  

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The victim, who appeared to have been in her 30s, was transported to Alexian Brothers Medical Center in Elk Grove Village. Unfortunately, she did not survive the crash and was pronounced dead around 9:30 a.m., shortly after she arrived at the hospital. Few other details regarding the crash are currently available, as the investigation is ongoing. 

The Illinois Bicycle Attorneys at Keating Law Offices are alarmed and saddened by the number of fatal bicycle collisions that have occurred in recent weeks. As the weather warms up, we plead with motorists to be alert and aware of the increasing number of bicyclists sharing the road. 

Our deepest sympathies are with the victim's family and friends. 

Ride of Silence Tonight 5/15 - Locations Throughout Illinois

The 10th Anniversary of the Ride of Silence is tonight, Wednesday May 15, 2013. The Ride of Silence honors those that have been injured or killed in a bicycle collision or crash.

This year's Chicago ride is particularly poignant as just last night an 83-year old bicyclist was killed in a collision with a motor vehicle on Irving Park Road on the Northwest Side. This morning a bicyclist in her 30's was killed just outside of the Busse Woods Bicycle Trail in Schaumburg.

These deaths are yet again tragic reminders of the vulnerabilities of bicyclists and the tragic results of what happens when motorists fail to share the road and respect bicyclists. The Illinois Bicycle Lawyers at Keating Law Offices are proud to support the efforts of the Ride of Silence and to act as an advocate for bicyclists throughout Illinois.

The Chicago Ride of Silence will leave from Daley Plaza at approximately 6:45 p.m. There are also rides at 17 total locations throughout Chicagoland and Illinois including Arlington Heights, Bartlett, Batavia, Downers Grove, Elmhurst, Evanston, Geneva, Joliet, McHenry, O'Fallon, Oak Lawn, Oak Park, Peoria, Rockford, Urbana and Winfield.

Please go to the Chicago Ride of Silence website for more information. A special thanks to Elizabeth Adamczyk of Ride of Silence - Chicago for her tireless efforts in promoting the Ride of Silence and making bicycling safer.

83-Year Old Northwest Side Bicyclist Dies After Fatal Crash

View Larger Map     News outlets are reporting that an 83-year old resident of the Northwest Side was killed after a collision on West Irving Park Road on Tuesday night. The police records indicate that the 83-year old bicyclist was riding westbound on the 7800 block of West Irving Park Road near the entrance to the Irving Park Cemetery. This stretch of Irving Park Road is relatively less busy than other stretches of the road in the city. At the side time, the driver of a Chevrolet Malibu was traveling in the same westbound direction on Irving Park Road.

The Chevrolet Malibu collided with the bicyclist around 9:10 p.m.The driver of the motor vehicle was ticketed for failing to reduce speed to avoid an accident. Further details are not available at this time. Nonetheless, the fact that the responding officer ticketed the motorist in the collision mean that there was a determination by the police officer that the motorist was responsible for this collision. In addition to failing to reduce speed, the facts of this accident seem to indicate that the driver also was neither keeping a proper lookout nor giving the bicyclist the three feet of clearance that the law requires.

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

Chicago Tribune Column: The Brutal Law Of Physics and Biology and Bike Accidents

On May 13, 2013, the Chicago Tribune published an interesting article by columnist Barbara Brotman, entitled "Chicago bike accident highlights the oft-brutal laws of physics, biology."  In the article, Ms. Brotman examines the lesser-analyzed laws at play in bicycle collisions--those of physics, biology, and probability--as the Chicago City Council considers Mayor Rahm Emanuel's proposed changes to the City's traffic laws affecting bicyclists.

With respect to the laws of physics, Ms. Brotman analyzed the concepts of force and friction. University of Illinois at Urbana-Champaign physics professor, Mats Selen explained that the force experienced by a bicyclist in a collision depends upon the bicyclist's speed at the time of impact, the bicyclist's weight, and the speed with which a bicyclist comes to a stop. Ms. Brotman explained that a bicycle helmet reduces the force experienced during an impact because it spreads the force over a larger area and minimally lengthens the amount of time it takes for the head to come to a stop.

Friction comes into play in a bicycle collision in the form of "road rash," or the scraping bicyclists endure when they are propelled across the pavement. As one would expect, the faster the body is moving at the time of the collision, the more road rash the body will endure as it comes to a stop.

The laws of biology also come into play in a bicycle collision as the body experiences injuries and attempts to heal itself. Ms. Brotman conferred with Northwestern University Feinberg School of Medicine assistant professor, Dr. Rahul Khare who explained that head injuries are among the most dangerous injuries experienced by bicyclists because the brain cannot swell beyond the confines of the skull if it bleeds following an impact. This biological limitation can be fatal. The bicycle accident attorneys at Keating Law Offices have seen first hand the number of head-related injuries that occur in a bicycle accident, even in those where the rider is equipped with a helmet. 

Finally, Ms. Brotman examined the laws of probability, exploring whether the odds of being in a bicycle collision increase the more one rides a bicycle. Dr. Gregory Lawler, a mathematics and statistics professor  at the University of Chicago explained in the article that the answer is not clear. On the one hand, the more you do something, the more likely it is that something bad will happen while you do it. Conversely, the more you do something, the better you get at it, which may translate into a better ability to avoid a bad outcome.

Ms. Brotman's article provides an interesting perspective on the other laws at play in a bicycle collision beyond the traffic laws that are the current focus of the City Council. While the City Council can adopt laws aimed at lowering the number of bicycle collisions, such laws cannot eliminate bicycle accidents altogether and cannot eliminate the harm that inevitably follows a collision.

To avoid a bicycle accident or the serious injuries that follow, the Illinois Bicycle Attorneys at Keating Law Offices strongly encourage all Chicago area bicyclists to take numerous safety measures, such as keeping a diligent lookout, obeying all traffic laws, and wearing a bicycle helmet. And perhaps most importantly, we urge all motorists to LOOK for bicyclists before opening car doors into traffic, turning right across a marked bike lane, and other actions where a bicyclist might be most vulnerable. In addition, state and local governments should continue to invest in infrastructure that makes bicycling easier and safer. All of these actions lead to a reduction in the number of bicycle collisions and the forces at play. 

If you have any questions regarding this post please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com. 

Research Shows Helmets Laws DO Work

On May 6, 2013 the results of a decade-long study on the effectiveness of mandatory bicycle helmet laws were presented to the Pediatric Academic Societies at their annual meeting in Washington, DC.  The study's lead author is Dr. William P. Meehan, director of the Micheli Center for Sports Injury Prevention and the Sports Concussion Clinic at Boston Children's Hospital. 

The study analyzed data on all U.S. bicyclists under the age of 16 who were killed or incapacitated between January 1999 and December 2009.  Dr. Meehan and his colleagues defined an incapacitating injury as "one that prevents a person from walking or normally continuing the activities he or she was capable of before the injury."  Even controlling for factors such as states' legal blood alcohol limits and elderly driving laws, there was a statistically significant difference in the number of deaths and incapacitating injuries among children under 16 in states with mandatory helmet laws.  Specifically, there were 2 fatalities/incapacitating injuries per 1 million children in states with mandatory helmet laws, as opposed to 2.5 fatalities/incapacitating injuries per 1 million children in states without mandatory helmet laws. 

There are approximately 900 bicycling-related deaths nationwide each year.  Among these 900 deaths, an estimated 75% result from head injuries.  Dr. Meehan and his colleagues assert that this number would drop with mandatory bicycle helmet laws.   Currently, only 21 states and the District of Columbia have mandatory bicycle helmet laws.  Illinois does not have a statewide law requiring the use of bicycle helmets for adults or children.

The Illinois Bicycle Attorneys at Keating Law Offices strongly encourage all Chicago area bicyclists to invest in properly fitting helmets and other safety equipment.  Unfortunately, even the most experienced bicyclists cannot control against certain safety threats, such as reckless motorists.  Keating Law Offices has represented a number of clients injured in bicycle collisions whose injuries would have been much more severe, if not fatal, had they not been wearing helmets. Helmets do work. As the old adage goes, "An ounce of prevention is worth a pound of cure."

If you have any questions regarding this post please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com.

Surly Bikes Recall Pugsley Bike Forks Because of Potential Defect

Surly Bikes of Bloomington, Minnesota has announced a recall of approximately 975 Surly Pugsley bicycle forks such as the ones pictured to the left.  The recall was issued following one report of a bicycle fork bending above the disc brake mount.  This reported incident did not result in an injury. 

According to the United States Consumer Products Safety Commission, the 100mm bicycle forks "are black, have triple water bottle mounts on each side, rack/fender mounts on the top and bottom and have date code 2012 03 20 stamped on the steerer tube."  The 135mm bicycle forks "are black, yellow or red and are stamped with date code 2012 06 19 on the steerer tube."  Both models have "Surly" printed on both legs of the fork and "Pugsley" printed on the packaging. 

In Illinois, the manufacturer of a product can be held liable when their product fails and the person was using the product in a reasonably foreseeable manner. Obviously, a bicyclist riding a bike in an appropriate manner does not expect the bike's fork to bend.  Therefore, any injuries that do result from a product failure such as this may be a basis for a claim against the manufacturer. Keating Law Offices obtained a six-figure settlement on behalf of a mountain biker who was severely injured when the fork on the rider's mountain bike failed.

The recall at issues affects Surly Pugsley's 100mm and 135mm bicycle forks.  The 100mm bicycle forks were sold individually for approximately $100. The 135mm bicycle forks were sold both individually for approximately 100 and on Surly Pugsley's 2013 model year bicycles, which retailed for approximately $1,750.  Both bicycle forks sold nationwide from May 2012 to February 2013.  The forks were manufactured by  Aprebic Industry Co. Ltd. of Taiwan and imported by Surly Bikes, a wholly-owned brand of Quality Bicycle Products, Inc.

The attorneys at Keating Law Offices have handled numerous product liability cases.  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.

What Are the New Proposed Bike Laws in Chicago?

There has been a great deal of media attention to the new proposed laws in Chicago as they relate to bicycles. The proposed changes as they affect bicyclist are something of a "double edged sword." The changes absolute clarify the legal language so that it is clear that bicycles are protected. Beyond the language, penalties for violating the Code in a way that interferes with a bicyclist or causes a bicycle accident or collision are sharply increased. On the other side, bicyclists themselves face bigger financial penalties for violated Chicago's traffic rules as they apply to bicycles.

Attorney Mike Keating of Keating Law Offices is a former staff attorney for the Illinois House of Representatives where he was the Staff Attorney for the Judiciary - Civil Law Committee and the State Government Committee. Attorney Keating analyzed Mayor Emanuel's proposed amendments that the Mayor filed on May 8, 2013 at the request of CDOT Commissioner Gabe Klein. Attorney Keating's legislative analysis is as follows: 

Amendment to 9-4-025 Bicycle Safety Violation - Penalty

Current Law: The penalty for interfering with a bicyclist while turning, riding in the bike lane or passing, was $150.00 total. The penalty for causing a collision while turning, riding in the bike lane or passing was $500.00. The penalty for not exercising due care and interfering with a bicyclist was $150.00; the same act that results in a collision was potentially $500.00. The penalty for interfering with a bicyclist with a car door could result in a penalty of $150.00, a dooring that results in a collision could be a penalty of $500.00.

Amendment: Not yielding the right of way to a bicyclist while turning, riding in the bike lane, or not yielding the right of way while passing or otherwise interferes with a bicyclist could result in a fine of $150.00 for EACH offense. The same acts that result in a collision results in a mandatory fine of $500.00 . A dooring that interferes with a bicycle will carry a mandatory fine of $300.00; causing a collision in a dooring would result in a mandatory fine of $1,000.00.

Amendment to 9-40-060 Driving, standing or parking on bicycle paths or lanes prohibited

Current Law: No vehicle may impede a bike path or lane.

Amendment: Language is added to clarify that a bus may stop in a bike lane at a bus stop to loan and unload passengers, if the bus has an emergency, or during overnight hours as necessary in an intersection if it is easier to load or unload passengers at that location.

Amendment to 9-48-050 Buses - Stopping, standing and parking

Current Law: Only buses may operate in designated bike lanes.

Amendment: If a lane is marked for buses AND bicycles, then the bus must yield to the bicycle until it is safe to pass the bicycle and the bicyclist.

Amendment to 9-52-010 Rights and duties

Current Law: A person riding a bicycle who violates the Chicago Municipal Code would be fined $25.00.

Amendment: A bicyclist, unless specifically provided elsewhere in the Code, would face a fine of $50.00 to $200.00 for each offense.

Amendment to 9-52-020 Riding bicycles on sidewalks

Current Law: Bicyclists over the age of 12 should not ride on sidewalks.

Amendment: Bicyclists of any age may ride on the sidewalks outside of the Loop if the sidewalks is marked as a bicycle route, is used to enter the nearest street or to get to a bicycle sharing station.

Amendment to 9-52-040 Yielding right-of-way

Current Law: A bicyclist should ride as near as is practicable to the right side of the road.

Amendment: A bicyclist may ride as near as is practicable AND safe to the right side, meaning a bicyclist can move to the left to pass another bicycle, in order to turn left, to avoid hazards, or to navigate a right turn. A bicyclist may also pass on the right of a slower moving motor vehicle or bike. However, if a vehicle (i.e. cab) is letting out passengers from its right side, the bicyclist must yield to pedestrians or pass on the left. If the street is a one-way street with two or more lanes, the bicyclist may also ride alongside the left side of that one-way street. 

Amendment to 9-52-045 Bicycle operator's signals - Hand and arm - Manner

Current Law: This specific section as it pertains to bicycles is new.

Amendment: Adds precise language, specific to bicycles, as to the required hand and arm signals for a bicyclist. A left turn is with the left hand and arm extended horizontally; A right turn is the left hand and arm extended upward or right hand and arm extended horizontally; a stop of slow down is the left or right hand and arm extended downward.

Amendment to 9-24-030 Crosswalks - Pedestrians to have right-of-way

Current Law: Pedestrians have the right-of-way over vehicles at a plainly marked crosswalk at an intersection or between intersections.

Amendment: Pedestrians have the right-of-way over vehicles (including bicycles) at any crosswalk, plainly marked or not.

Amendment to 9-60-050 Pedestrian to yield right-of-way when

Current Law: Pedestrians had to yield right-of-way to vehicles unless crossing in a marked crosswalk.

Amendment: Pedestrians have the right-of-way over vehicles (including bicycles) anytime they are in a crosswalk, whether or not that crosswalk is marked.

City Council to Vote on Increasing Fine for Doorings...AND Increased Fines for Rogue Bicyclists

Chicago Mayor Rahm Emanuel plans to present a proposed ordinance to the City Council today which would increase the fines for a number of traffic violations both committed by and affecting bicyclists.  The proposal addresses three specific issues.  First, the ordinance proposes increasing the fine for bicyclists who violate traffic laws from $25 to $50-$200 depending upon the type and severity of violation. Second, under the proposed ordinance, the fine for a motorist who opens a vehicle door in a bicyclist's path, known as "dooring" a bicyclist, would increase from $500 to $1,000.  Third, the fine for leaving a vehicle door open in traffic would double from $150 to $300.

Mayor Emanuel justified the proposed increased fines for bicyclists with the following explanation:

If they are sharing the roadway with vehicles, cyclists must obey all traffic laws, including yielding to pedestrians, stopping at traffic signals and indicating when they are making turns.  When the traffic laws are obeyed, everyone is safer.  By increasing the fines for failing to obey the law, cyclists will behave more responsibly, increasing safety and encouraging others to ride bikes."

Mayor Emanuel also announced today that he has launched a sticker campaign to remind Chicago's taxi passengers to look for bicyclists before opening their vehicle doors.  Stickers designed by MINIMAL design studios stating "Look! Before Opening Your Door" will be placed in the rear passenger windows of all of Chicago's taxicabs.  MINIMAL became involved in the campaign after one of its employees was killed just last fall when he was hit by a semi-trailer after he swerved on his bicycle to avoid an open car door on his way to work.

Mayor Emanuel campaigned for office on a promise to make Chicago a more bicycle-friendly city.  Since taking office in 2011, Mayor Emanuel has dedicated millions of dollars to installing more than 200 miles of on-street bike ways in the city.  As a result, bicycling traffic has increased at a rapid rate while motorists and bicyclists are still adjusting to sharing the roadway with one another.

Ron Burke, the executive director of the Active Transportation Alliance, addressed this tension and his support of  Mayor Emanuel's proposal, stating the following:

It's not so much bikes vs. cars vs. pedestrians. Unfortunately, there's a percentage of the population that travels recklessly -- whether it's on foot, on bike or driving a car. The Active Transportation Alliance supports increased traffic fines as an important way to improve safety.

The Illinois Bicycle Attorneys at Keating Law Offices strongly support Mayor Emanuel's proposal based upon their belief that increasing safety for bicyclists requires a conscious effort on the part of both motorists and bicyclists.  Affording bicyclists the same protections as motorists also requires subjecting bicyclists to the same responsibilities as motorists.  

In 2012, there were approximately 1,675 bicycle accidents in Chicago, including 250 accidents where bicyclists were "doored" by motorists.  The attorneys at Keating Law Offices have negotiated favorable settlements for a number of bicyclists injured in the Chicagoland area, including several who have been "doored" by motorists.  

Doorings have become nothing short of a vehicular plague on Chicago's bicyclists. The fear of a large traffic ticket will ideally act as a deterrent to motorists swinging their door into traffic without looking first. 

The Illinois Bicycle Lawyers at Keating Law Offices are proud to represent and advocate on behalf of Chicago area bicyclists after a collision occurs. Part of our advocacy is promoting policies that protect bicyclists. That is why we fully support legislation aimed at preventing many of these tragic accidents before they occur, even if it might also mean more traffic tickets for bicyclists.  We anxiously await the City Council's decision regarding Mayor Emanuel's proposal.

How To Get the FREE Chicago Bike Flag Sticker or Patch

Chicago Bike Flag Stickers and Patch - The Chicago Bike Flag is a TM and (C) of Keating Law Offices, P.C.

Keating Law Offices is proud to provide the Chicago Bicycle Flag to Chicago's bicycling community. If you are interested in receiving a free Chicago Bicycle Flag patch and sticker please Email KLO and provide the following information:

First Last Name
Street/Unit Address
City, State Zip

Keating Law Offices will mail you out the Chicago Bicycle Flag for free and with no obligation other than to wear the patch and display the sticker with pride and represent Chicago's strong bicycle culture.

The IllinoisBicycleLaw.com legal blog was started in 2008 as a legal resource for Illinois bicyclists. Since that time the trial attorneys at Keating Law Offices have had the privilege of representing hundreds of bicyclists who were the victims of a bicycle-related crash or collision. In this time, Keating Law Offices has recovered millions of dollars for its clients. In the process we have also successfully advocated for safer streets for cyclists throughout Illinois and supported bike safety organizations throughout Illinois. 

If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact the Illinois Bicycle Attorneys at 312-239-6787 or 312-208-7702. You can email Mike Keating at 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.

34-Year Old Lindenhurst Bicyclist Tragically Killed In Crash On Her Birthday

This Illinois Bicycle Attorneys of Keating Law Offices are saddened to learn of another bicycle fatality in the Chicagoland area.  On the afternoon of May 2, 2013 a southbound Toyota Camry collided with a female cyclist who was also traveling southbound on Route 45 north of Grand Avenue in Lake County, IL.  The bicyclist was transported to Advocate Condell Medical Center in Libertyville where she unfortunately passed away.  Tragically, the collision occurred on the victim's 34th birthday. 

 Details regarding the manner in which the collision occurred have not yet been released.  The driver of the Toyota Camry was not injured and voluntarily submitted to toxicology testing.  No citations have been issued at the present time, and the accident remains under investigation by the Lake County Sheriff's Office. 

Attorney Michael Keating of Keating Law Offices gave a presentation in Lake County just last week to the Bicycle Club of Lake County at the club's monthly meeting in Libertyville. The meeting of the Bicycle Club of Lake County discussed the expansive areas of Lake County and the traffic conditions like where this collision occurred.

Access to experienced and compassionate legal representation is very important when a bicyclist is involved in a tragic collision such as this.  The attorneys at Keating Law Offices have handled a number of bicycle injury and fatality cases.  The attorneys at Keating Law Offices are honored to assist their clients in any way possible to ease the heavy burden of handling an unexpected injury or fatality.  Attorney Michael Keating may be reached 7 days per week by calling (312) 208-7702 or emailing mkeating@keatinglegal.com.

Our thoughts and prayers are with the victim of this collision and her family. 

"Denied Claim" Settled for Insurance Policy Limits On Behalf of Injured Chicago Bicyclist

The Illinois Bicycle Lawyers at Keating Law Offices have obtained a $50,000.00 settlement for a Chicago bicyclist who was struck by a car on August 29, 2012 on the North Side of Chicago. This amount represents the full policy limits of the car driver's insurance policy with GEICO. What makes this case most interesting, however, is that GEICO initially denied insurance coverage in this case and refused to offer a single cent to the injured bicyclist for his injuries.
 
This bicycle crash occurred as the bicyclist rode northbound in the designated bike lane on Halsted Street at its intersection with West Chicago Avenue. The collision occurred when the driver of the car failed to stop at the red light and illegally entered the intersection of Chicago Avenue and Halsted Street and struck the bicyclist who had just entered the intersection after his traffic light turned green.

What may seem like a "simple case" got complicated when the driver of the car misrepresented the facts to GEICO. The driver told GEICO that he did nothing wrong and the bicyclist entered the intersection on a red light. The driver also claimed that no police report was ever completed by the Chicago Police Department. Based on the driver's assertions, GEICO denied the claim and refused to provide insurance coverage for the collision.

Unbeknownst to the driver and GEICO, the injured bicyclist had already retained attorney Mike Keating to represent him. Attorney Keating knew the bicyclist from Chicago's bicycling community and trusted his version of events 100%. Keating Law Offices obtained 1) the police report; 2) the ambulance report; 3) video from the overhead blue light cameras; and 4) recordings of all the 911 calls made about the collision. The driver's memory must have been very short because one of the 911 calls was from HIM. The driver told the 911 operator in a call on the recordings the law firm obtained that, “I just ran into a biker on Chicago and Halsted… I need an ambulance at Chicago and Halsted. I just struck a biker. I was driving a car."

The other 911 calls corraborated the bicyclist's story that the car, not the bicycle, was the vehicle in the intersection on a red light. Moreover, the responding Chicago Police officer listed the driver as "Unit 1" on the official Illinois Traffic Crash Report, the very police report GEICO claimed didn't exist. The determination of the driver as "Unit 1" reflects that the responding officer assessed the car driver as the person at fault for the collision.
 
This overwhelming evidence in favor of the injured bicyclist was forceful in showing GEICO that its insured violated several provisions of the Illinois Vehicle Code in causing this collision. Section 1003.1 of the Illinois Vehicle Code requires that drivers of vehicles exercise due care to avoid colliding with any person operating abicycle. (625 ILCS 5/11-1003.1) The driver also violated Section 11-306 of the Illinois Vehicle Code which states that vehicles must stop prior to entering theintersection when the traffic light is red. (625ILCS 5/11-306).
 
The bicyclist was taken via ambulance to the emergency room at Northwestern Memorial Hospital. After undergoing a physical examination and several x-rays, the physicians determined that he suffered fractures of his tibia and fibula near his ankle.The bicyclist also sustained multiple lacerations and bad road rash along the right side of his face. Fortunately, even though the bicyclist had to undergo physical therapy and some painful weeks, he was able to avoid surgery and get back to riding as soon as possible.
 
In the end the case settled for the full amount of the $50,000.00 GEICO insurance policy.

Bicyclist in Southern Illinois Killed When Rear-Ended by Pick-Up Truck

The Southern Illinoisan is reporting that a Saline County bicyclist passed away May 2, 2013 after a collision where the bicyclist was rear ended by the driver of a pick-up truck.  The bicyclist, a resident of Galatia, Illinois, was riding his bicycle on a Saline County roadway when he was allegedly rear-ended by the driver of a GMC Sierra pickup truck.

The Saline County Sheriff's Department and the Galatia Fire Department responded to the scene, but the bicyclist's injuries were so severe that he was pronounced dead at the scene. Few other details are available as the investigation continues and no traffic citations have been issued at this time.

Tragic collisions such as this are an unfortunate reminder of the inherent vulnerability of bicyclists when they share the roadway with vehicles. No matter how vigilant a bicyclist is, the driver of a vehicle that fails to keep a proper lookout or to reduce speed to avoid a collision is dangerous to everyone on the roadway.  It is incredibly important for cyclists to monitor their surroundings at all times. This is especially important for rural cyclists, where less dense traffic conditions allow motor vehicle drivers to travel at higher rates of speed.

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