North Aurora Bicyclist Killed in Rear End Bike Crash

Another Chicagoland bicyclist has passed away after being struck by a motor vehicle. On the afternoon of June 27, 2013, Richard White, a 50 year old North Aurora resident, was riding his bicycle on Nelson Lake Road near the Dick Young Forest Preserve in Batavia when his bicycle was struck from behind by a 2009 Nissan Rogue driven by a 26-year old Evanston resident. According to news reports, a preliminary investigation revealed that a number of cars traveling in the same direction as Mr. White's bicycle had appropriately moved over to drive around him, but the driver of the Nissan failed to do the same and instead struck the rear tire of Mr. White's bicycle. Upon impact, Mr. White was thrown from his bicycle and fatally injured.

All motorists have a duty to not only reduce speed to avoid a collision, but also to keep a proper lookout. The fact that other vehicles were able to give Mr. White space demonstrates that any other driver should have been able to do the same. In Illinois, motor vehicles are required to give three feet of space at a minimum when passing a bicyclist.

Paramedics arrived on the scene and transported Mr. White to Mercy Center Hospital in Aurora, Illinois where he was pronounced dead. The driver involved in the crash was ticketed for failure to reduce speed to avoid an accident. According to the Kane County Sheriff's office, the collision remains under investigation and it is not yet clear whether texting, drugs, or alcohol may have been contributing factors.

Unfortunately, Mr. White is the latest victim in a number of fatal bicycle crashes that have occurred in recent months in the Chicagoland area. With bicycling season in full swing, the Illinois Bicycle Attorneys of Keating Law Offices plead with motorists to share the road and drive with a heightened sense of awareness for bicyclists. Too many lives have been tragically lost in preventable collisions such as this.

We extend our deepest sympathies to Mr. White's family and friends.

What's the holdup? Amtrak Urged to Allow More Bikes on Trains

Amtrak's high speed train system provides a relatively quick and cost effective way to travel throughout the country without a car. However, for bicyclists hoping to bring their bikes along for the trip, Amtrak may be a less attractive travel option. Currently, only eight Amtrak routes, including Downstate Illinois Services, allow fully assembled bicycles on board. Of these eight routes, almost all require advanced bicycle reservations, some require additional fees, and they all limit the number of bicycles allowed on board to an average of 6 per train. On all other routes, bicyclists must have a folding bicycle or must partially dismantle their bicycles and fit them into boxes that can be stowed with the rest of the luggage for a $10 fee. Most discouraging, is the limited direct access of these routes to urban centers where the greatest number of bicyclists reside.

As detailed by Streetsblog Capitol Hill, these less than ideal accommodations have prompted bicyclists and lawmakers throughout the country to urge Amtrak to allow fully assembled bicycles on more train routes. New York lawmakers recently held a press conference urging Amtrak to allow fully assembled bicycles on two lines serving the upstate New York area, arguing that many New York City residents do not have cars and might not visit these parts of the state without convenient transportation. They further argued Amtrak will benefit from allowing bicycles on more routes because they will attract more customers, resulting in increased profits.

The Illinois Bicycle Attorneys at Keating Law Offices hope to see an increase in the number of Amtrak routes allowing fully assembled bicycles on board in the Chicago area. The same arguments advanced by New York lawmakers in favor of increasing Amtrak's bicycle accommodations are directly applicable in Chicago as well, given that many Chicago area residents do not have cars and rely on their bicycles as their primary mode of transportation. Chicago area bicyclists who do not have cars are arguably much less likely to travel to tourist attractions throughout Illinois if they are not able to bring their bicycles along to explore their end destinations. In addition, there are very few bicycle friendly modes of cross-country transportation, and we fully agree that Amtrak may be passing up an opportunity to attract more customers who hope to travel with their bicycles. We are anxious to see whether Amtrak responds to these recent demands and increases its bicycle accommodations.

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.

Claim Settled for Road Bicyclist Originally "Lowballed" by Insurance Company

The Chicago Bike Flag from the IL Bicycle Lawyers

As in any field where there are negotiations, trial attorneys use the term "low ball" offer to describe offers to settle legitimate claims for relatively small amounts. Over the years, this phrase has become a verb: "lowballed." The Illinois Bicycle Lawyers recently settled a claim for a bicyclist who originally tried to handle his own claim, only to be "lowballed" by the insurance company. 

The bicyclist was injured in a bicycle accident on June 25, 2012 in Bolingbrook, Illinois while on a training ride. The bicyclist was riding westbound on Weber Road towards its intersection with Veterans Parkway when the driver of a work approached the bicyclist from behind at a high rate of speed and rear ended the back wheel of the bike. The force of the impact threw the bicyclist from his bike and he sustained road rash and muscle sprains and strains to his neck, left hip, left elbow, left knee, and left shoulder.

Following the collision, the bicyclist initially attempted to negotiate the claim without an attorney and obtained the "lowball" settlement offer that fell thousands of dollars short of the total value of his medical bills and property damage. The bicyclist then consulted with and decided to retain the Illinois Bicycle Lawyers at Keating Law Offices. Following negotiations with the motorist's insurance company, we were able to significantly increase the settlement offer to an amount that far exceeded the bicyclist's medical bills and property damage. 

We highly recommend that anyone who sustains a personal injury retain an attorney as soon as possible. It is important to remember that we NEVER charge attorneys' fees unless we either settle or win your case - no exceptions - and we only charge a fee for work that we do on the case. Even if you have already attempted to handle your claim on your own, the Illinois Bicycle Lawyers can most often still assist the injured bicyclist. Very frequently, we are able to substantially increase the settlement offer on the injured party's behalf, as was the case with our most recent settlement. If you ever have any questions, feel free to call or email for a free consultation with absolutely no obligation. We are here to help.

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.

Lawsuit Settled for Oswego Bicyclist Hit By Mother Distracted By Misbehaving Child

Keating Law Offices has successfully obtained a $20,000.00 settlement for an Oswego bicyclist injured in a bicycle vs. motor vehicle collision. The bicyclist was riding southwest bound on East Washington Street through its intersection with Monroe Street in Oswego on April 29, 2011. As the bicyclist entered the intersection, a motorist failed to yield to the right-of-way and struck the bicyclist with her care. The bicyclist suffered an injury to his tailbone that was very painful and required rounds of physical exams and therapy.

The responding officer issued a failure-to-yield citation to the motorist. The motorist pled guilty to this citation, paid the corresponding fine, and very respectably wrote a letter to our client apologizing for the pain from the collision. The motorist admitted that she struck the bicyclist while looking over her shoulder and lecturing her child in the backseat. 

What might seem like an "open-and-shut" case because complicated when the insurance company would not acknowledge that the bicyclist's last round of physical therapy was as a result of this collision. The insurer claimed that, because there was a gap in time between the last doctor's visit and the physical therapy, that it must not be related. The reality is an insurance company has a responsibility to compensate a person injured when one of its "insureds" (the person who is covered by an insurance policy) causes personal injuries. However, most insurance companies refuse to cooperate easily.

When faced with this ridiculous position the Illinois Bicycle Lawyers at Keating Law Offices immediately filed a lawsuit in the Circuit Court of DuPage County. The firm aggressively pursued the case and within months of the start of the case had gotten the judge in the case to rule that the motorist was absolutely at fault in the case. Once this was done, the insurance company had no choice but to offer more money to settle the case. At one point, the insurance company made an offer to settle that was the same as the judge's recommendation in the case. However, Attorney Mike Keating felt that the case was worth more to the bicyclist and refused to resolve the case despite the judge's instruction. This negotiation strategy was ultimately successful and the insurance company offered nearly triple the amount it originally offered in the end.

The Illinois Bicycle Attorneys at Keating Law Offices are national leaders in the field of bicycle-related claims and lawsuits. The firm is currently litigating more bicycle related cases in courtroom in Illinois than any other law firm in the state. In the process we  have reached numerous successful settlements on behalf of injured bicyclists. If you have any questions regarding Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 orMKeating@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.

Bike Trails = Business = $$$$. Advocacy Group Aims to "Make TrailsCount" In Illinois

The authors of a recent study entitled "Making Trails Count in Illinois" suggest that Illinois is failing to adequately develop and promote its bike trails and these failures are hurting local businesses. The 2012 study was spearheaded by two local bicycle advocacy groups: Trails for Illinois and Rails-to-Trails Conservancy. 

According to the Southern Illinoisan, surveys and electronic trail counts were conducted on six Illinois bike trails last year. The study concluded that more than 300,000 people use the six trails annually. Of these 300,000, one third spend money while traveling along the trails. The average amount of money spent is $30.00. Approximately 20% of the trails' users were not from the surrounding area, and 4% paid money for lodging so that they could use the trails. 

Interestingly, the most common way trail visitors learned of the six trails included in the study was by word of mouth, while less than 1% of the trails' users learned of the trails through tourism promotions. Steve Buchtel of Trails for Illinois asserts that under-maintenance and under-promotion are to blame for Illinois' failure to maximize this economic opportunity. 

Mr. Buchtel stated "People are coming here but they are saying our trails aren't well-maintained and signs are barely there, if at all. Illinois Department of Natural Resources has been gutted. They lost half their workforce so they don't have the people to maintain the trails. They've been cut to the bone and that hurts Illinois." Likewise, Buchtel believes that Illinois is not promoting its existing trails as aggressively as neighboring states, such as Minnesota and Wisconsin, where trail use yields millions in annual revenue.

The Illinois Bicycle Attorneys at Keating Law Offices encourgage the Illinois Legislature and local governments to take into account the results of this study. As residents of the Chicagoland area, we are well-aware that bicycling provides a quick and economically sensible means of transportation throughout the City, but we often fail to give due consideration to the opportunities for recreational bicycling throughout the state. Rural bicycle trails provide a great escape for Chicagoland residents and are also a draw for tourists. We fully support the development and promotion of trails that will create more options for bicyclists while also creating more opportunities for local businesses.

Salsa Recalls Vaya and Santa Cruz Bike Forks

Salsa Cycles of Bloomington, Minnesota has announced a product recall of approximately 1700 Salsa Bicycle Forks.  The recall was issued following eight reports of the forks bending above the disc brake mount.  Fortunately, none of the eight reported incidents resulted in injuries.

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. Therefore, any injuries that do result from a product failure such as this may be a basis for a claim against the manufacturer. When looking for a bicycle attorney to consult regarding personal injuries from a bicycle accident from a defective or broken product, it is important to choose an attorney with experience in the area. Product liability cases are very nuanced and complicated and require experience in the field of law. The attorneys at Keating Law Offices have that experience.
 
According to the United States Consumer Products Safety Commission, the recall involves specific batches of both Salsa Vaya bicycle forks and Salsa La Cruz bicycle forks.  The Salsa Vaya bicycle forks are orange and dark gray, while the Salsa La Cruz bicycle forks are black. Both models were sold individually and on Salsa Vaya bicycles. The forks fit any bicycle with a threadless 1 1/8 inch steerer tube. This latest recall is not the first for Salsa Cycles. Salsa has previously issued recalls for bicycle racks in May of 2012 and handlebar stems in January of 2011 and February of 2009.

In a recent case, 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 attorneys for the manufacturer in that case tried to claim that the fork failed because of misuse of the mountain bike, but those argument were quickly defeated and a very favorable settlement was obtain for the injured bicyclist.   

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.

Competitive Cyclist Injured In Right Hook Bicycle Crash in Joliet

View Larger MapThe Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a 30-year old competitive cyclist who was the victim of a mid-day motor vehicle vs. bicycle collision on June 5, 2013. The bicyclist is a member of a well known cycling team in the western suburbs. The collision occurred in downtown Joliet near the intersection of Cass Street and Scott Street, not far from the Will County courthouse.

Just prior to the collision, the victim was riding his bicycle home after a training ride. He was riding in the right lane of westbound Cass Street, approaching the Scott Street intersection. At the same time, the motorist was driving in the left lane of Cass Street.  The motorist suddenly attempted to make a right turn onto Scott Street from the left lane of Cass, across the bicyclist's lane of traffic, striking the bicyclist and causing him to fall to the ground. This type of bicycle accident is commonly referred to as a "right hook" bike crash. 

The bicyclist was knocked to the ground and severely injured his right wrist. He immediately went to the nearest hospital for emergency medical treatment. The bicyclist is currently receiving follow-up care from an orthopedic physician. 

Mere days after the collision, the Illinois Bicycle Attorneys at Keating Law Offices have already obtained relevant records and began pursing recovery on the bicyclist's behalf from the driver's insurance company. Attorney Mike Keating has considerable experience handling cases in Joliet and Will County where he has successfully won a jury trial at the Will County Courthouse.

As with all of our clients, we are striving to reach a favorable outcome in this matter as soon as possible with the hopes that our client will recover quickly, so he can put this matter behind him and get back to racing as soon as possible. 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.

The Debate Rages: Do Bike Helmets Lead to An Increase in Bicycle Accidents?

Wearing a helmet is generally considered one of the easiest and most effective safety measures a bicyclist can take to avoid a serious injury while riding. The conventional wisdom is that a bicycle helmet reduces the risk of a head injury in a bicycle accident or crash. In many states, mandatory bicycle helmet laws are generally met with acceptance. 

However, there are two sides to every story, and not everyone is convinced that mandatory helmet laws result in a positive outcome. According to a report recently referenced by the library at Northwestern University, the Bicycle Helmet Research Foundation asserts that there is not a correlation in the number of bicycle-related head injuries. The Foundation argues that states with mandatory helmet laws have a decrease in the number of bicyclists but do not have a corresponding decrease in bicycle accidents to go along with the smaller numbers of riders. Their argument is essentially that if there are fewer bike riders, then there should overall be fewer bike accidents and crashes on average. The Foundation argues that since states with mandatory helmet laws have fewer riders but no decrease in the number of bicycle accidents, then states with mandatory helmet laws must actually have more bicycle accidents on average. 

Nonetheless, the scientific community has published studies based on strong data that bicycle helmets do, in fact, work. Our May 10, 2013 blog post entitled "Research Shows Helmet Laws DO Work" discussed a decade-long study conducted by Dr. William P. Meehan, director of the Micheli Center for Sports Injury Prevention and the Sports Concussion Clinic at Boston Children's Hospital. Dr. Meehan's study found that the number of children who died or suffered incapacitating injuries was significantly lower in states with mandatory helmet laws, as opposed to states without mandatory helmet laws. 

Likewise, a 2011 article entitled "The Impact of Compulsory Cycle Helmet Legislation on Cyclist Head Injuries in New South Wales, Australia" concluded that there is a positive correlation between mandatory bicycle helmet laws and a reduction in bicyclist head injuries. In other words, the more prevalent mandatory helmet laws, the fewer head injuries from bicycle-related injuries.

Despite the existing counterarguments, the Illinois Bicycle Attorneys at Keating Law Offices remain strong supporters of bicycle helmets. Time and again we have seen the anecdotal evidence of the effectiveness of bicycle helmets. The overall positives the protections a helmet provides outweigh the negatives of discomfort and freedom. A helmet is also a relatively minor financial expense in light of its potential benefits. Therefore, it is difficult for us to understand why mandatory helmet laws alone could deter bicyclists from riding. While Illinois does not have a mandatory bicycle helmet law, we strongly encourage all bicyclists to wear helmets every time they ride. As the old expression goes, "An ounce of prevention is worth a pound of cure."

Keating Law Offices is the leading personal injury law firm in the State of Illinois that focuses its practice on representing victims of bicycle accidents and crashes. 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 always confidential and free.

Chicago City Council Approves the 2013 Bicycle Safety Ordinance

On June 6, 2013, the Chicago City Council approved the 2013 Bicycle Safety Ordinance. Changes to the Chicago Municipal Code must first pass a committee and then go to a vote before the entire Chicago City Council made up of the City's aldermen. The proposed changes, sponsored by Mayor Rahm Emanuel himself, were originally presented to the City of Chicago's Committee on Pedestrian and Traffic Safety on May 8th and then passed in the City Council .

The Ordinance changes many of the provisions of the Chicago Municipal Code as they relate to bicycling. The changes to the Chicago Municipal Code increase fines for motorists who injure bicyclists, but also increases fines for scofflaw bicyclists who break the law. The overall goal of the 2013 Bicycle Safety Ordinance is to decrease the number of bicycle accidents and crashes in Chicago. Here is a general Legislative Analysis of the 2013 Bicycle Safety Ordinance:

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 load 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.

Attorney Mike Keating of Keating Law Offices is a trial lawyer in Chicago, Illinois who focuses his practice on representing bicyclists injured in bicycle accidents or crashes in Illinois. He is a former attorney for the Illinois House of Representatives in Springfield and is currently a member of the Legislative Committee for the Illinois Trial Lawyers Association. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact 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.

Keating Law Offices to Represent Hinsdale Boy Injured in Bicycle Accident

The Illinois Bicycle Lawyers at Keating Law Offices have been retained by the family of a 7 year old boy to represent for serious injuries he sustained in a motor vehicle vs. bicycle collision on May 21, 2013 in west suburban Hinsdale, Illinois.

The bicyclist was riding outside his house near a neighbor's driveway when he was struck by a Jeep. The neighborhood is well known for being home to many families with small children. Witnesses at the scene heard the engine of the Jeep accelerate just prior to impact. The road was a short cut-through street with very few houses in a residential neighborhood. The Hinsdale Police Department responded to the scene of the accident and completed a police report.

As a result of the crash, the bicyclist suffered a broken leg and other injuries. The boy underwent surgery two days after the collision to repair his femur bone. Despite these injuries the young boy has shown remarkable resiliency in dealing with his cast and limitations. Fortunately, the bicyclist was wearing a helmet at the time of the collision and avoided sustaining serious head trauma. We look forward to representing our newest client's interests and wish him a speedy recovery. 

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 always confidential and free.

DePaul Student Suffers Head Injury and Broken Foot in Left Hook Bike Accident

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a local 26 year-old bicyclist who sustained a brain injury and a broken foot when he was struck by a 78 year-old motorist on May 14, 2013. The collision occurred at the 6-way intersection of Belmont Avenue, Ashland Avenue, and Lincoln Avenue. As the bicyclist entered the intersection he was suddenly t-boned by a vehicle attempting to make a left onto westbound Belmont Avenue from northbound Lincoln Avenue. Upon impact, the bicyclist was knocked unconscious and was thrown onto the hood of the car before landing on the pavement. The injured bicyclist has been experiencing cognitive deficiencies since the bicycle crash and was diagnosed with a broken bone in his foot.

This type of bicycle accident or crash is often referred to as a “left hook” bicycle collision. The motorist’s “left hook” which resulted in the bicycle crash was in direct violation of Section 9-16-020 of the Municipal Code of Chicago. Section 9-16-020(e) provides:

9-16-020 (e) Right of way to a bicycle on Left Turn - The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a bicycle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

Here, the motorist was required to yield the right-of-way to the bicycle approaching from the opposition direction. As evidenced by the collision and resulting injuries, the motorist clearly violated Section 9-16-020 of the Municipal Code of Chicago.

The motorist also violated Section 9-40-160 of the Municipal Code of Chicago in causing the bicycle crash. In fact, the responding police officer issued the motorist a traffic citation for violating Section 9-40-160. Section 9-40-160 provides:

9-40-160 Drivers to exercise due care - Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human or animal power, upon any roadway, and shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway.

Sections 9-16-020 and 9-40-160 are just two of the numerous laws established by the Municipal Code of Chicago to protect bicyclists. Click here for additional provisions of the Municipal Code of Chicago that encourage bicylist safety. The Illinois Bicycle Lawyers often rely on the Municipal Code of Chicago as well as the Illinois Vehicle Code to obtain favorable settlements and verdicts for injured bicyclists.

The bicycle attorneys at Keating Law Offices have successfully handled numerous "left hook" bicycle crashes.  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.

Driver In Fatal Crash To Face 5 Criminal Charges Including Reckless Homicide and Aggravated DUI

In a case like the tragic one involving Bobby Cann, there are two parts of the legal system that are engaged. One is the civil justice systems where the family of the victim can proceed with a Wrongful Death lawsuit against the driver. The second is the criminal justice system where the driver will face the charges from prosecutors for the crimes committed.

Ryne Sanhamel, a 28-year old resident of Park Ridge, has been charged in the death of Chicago bicyclist Bobby Cann. Prosecutors have "thrown the book" at Sanhamel and charged him with several counts for his actions that led to the death of Bobby Cann. Prosecutors have charged Sanhamel with (1) reckless homicide; (2) aggravated DUI involving death; (3) misdemeanor DUI; (4) misdemeanor reckless driving and (5) failure to stay in the lane while driving. Here is a general explanation of these five charges.

1. Reckless homicide is when a person unintentionally kills another person while behaving recklessly. Unintentionally means that there was no criminal intent to kill the person. Reckless means that the person was acting with total disregard for the safety and welfare of others. The difference between a murder charge and a reckless homicide charge is the idea of "criminal intent" and whether the person was actually setting out to kill the other person.
2.  Aggravated DUI involving death is a more serious charge that a regular DUI. Aggravated DUI is where the drunk driver caused great bodily harm to the other person or, as in this case, caused the death of another person. 
3. Misdemeanor DUI is for driving with a blood alcohol level above the legal limit of .08. This charge is made for the act of drunk driving itself, the aggravated DUI charge is for committing the act of drunk driving and hurting or killing another person. 
4. Reckless driving is driving with "wilfull or wanton disregard" for the safety of other persons. In simple terms, "wilfull or wanton" means that the driver wasn't just making a minor traffic violation, but driving in such a matter that the health and safety of the people around them in other vehicles and on the street are at risk. 
5. Failure to stay in lane is a relatively simple charge against the driver for failing to keep his vehicle in the same lane in which he was traveling. This is another example of the prosecutor's charging the driver in this case with not only the most serious charges, but also the basic driving violation's as well.

At this juncture the driver will either have to post bond or remain in jail. Afterwards, he will have to make a decision to plea guilty to charges or to face a trial. If he pleads guilty or is found guilty of the charges the judge will then make a decision as to whether he will face jail time and for how long.

Nothing will ever fully provide "justice" for this loss of a person who has been described in loving and glowing terms by those that knew him. But it is somewhat reassuring to know that the prosecutors are appropriately taking this case very seriously and placing enhanced charges against the criminal motorist.