PRESS RELEASE: Attorney Michael S. Keating Named Chair of National Bicycle Litigation Committee

Illinois Bicycle Lawyer, Michael Keating, Appointed Chair

of the American Association for Justice’s Bicycle Litigation Committee

Attorney Michael S. Keating of Keating Law Offices, P.C. in Chicago, has been named the Chair of the American Association for Justice’s Bicycle Litigation Committee. This is the first time an attorney from the Midwest region has been named Chair of the Bicycle Litigation Committee. This appointment will also make Mr. Keating one of the youngest committee chairs in the United States. Regarding his appointment, Michael S. Keating stated:

“I am very honored to be selected as the Chair of the national Bicycle Litigation Committee. Everyone at Keating Law Offices is very proud of the fact that this is the first time an attorney from the Midwest has been selected as the chair of the committee. In many ways this is an honor for all of Illinois’ bicycle community as it reflects the respect Illinois bicycling is receiving nationally for our commitment to safe bicycling.”

The American Association for Justice (AAJ), also known as the Association of Trial Lawyers of America, is the national trial lawyer’s organization in the United States. As the world's largest trial bar, AAJ promotes justice and fairness for injured persons, safeguards victims' rights—particularly the right to trial by jury—and strengthens the civil justice system through education and disclosure of information critical to public health and safety.

Michael S. Keating, founding partner of Keating Law Offices, P.C., is one of the most experienced and respected attorneys focusing on bicycle-related transportation litigation in the United States. Keating Law Offices has successfully resolved an extensive list of bicycle accident cases through settlement and verdicts at trial. Keating Law Offices publishes the well respected and widely read legal blog, www.IllinoisBicycleLaw.com. 

Keating Law Offices also serves as an advocate for safe bicycling in communities throughout Illinois by offering pro bono legal services and outreach efforts on behalf of bicycling organizations. Mr. Keating is also a frequent speaker and lecturer on the subject of bicycle law and litigation in communities throughout Illinois.

Mr. Keating lives in Evanston, Illinois with his wife and two children.

The Illinois Bicycle Law Shield

TONIGHT: IDOT Meeting With Quad City Residents RE: Bike Transportation Plan

The Illinois Department of Transportation is holding another public meeting tonight in the Quad Cities to gather input from the public regarding its Bike Transportation Plan. The meeting is scheduled to take place on July 23, 2013 from 6:30-8:00 p.m. at the Moline Public Library, 3210 41st Street, Moline, Illinois 61265.

As we have discussed in previous blog posts, the Bike Transportation Plan is one part of IDOT's Long Range State Transportation Plan. According to the Illinois State Transportation Plan's website, the purpose of the Long Range State Transportation Plan is to "set forth policies and goals that guide the development of the state transportation system. The Plan identifies issues and key needs that will guide IDOT in their investment decisions for the state transportation system over the forthcoming twenty years."

Because Illinois is the 5th most populous U.S. state, alternative forms of transportation, including bicycling, are becoming a integral and vital part of Illinois' transportation system. The Bike Transportation Plan will make recommendations with respect to issues such as bikeway safety, design, and maintenance and the creation of regional scale bikeway networks. In addition, the Plan will ultimately guide IDOT's funding decisions with respect to these issues.

The Illinois Bicycle Lawyers of Keating Law Offices strongly encourage all Illinois bicyclists to attend these meetings, as we fully believe that the state's experienced bicyclists are in the best position to provide IDOT with informed and reasoned input regarding the Plan. Illinois Bicycle Lawyer Michael Keating attended IDOT's Chicago meeting held on July 9, 2013. As an avid bicyclist, Mr. Keating appreciated the opportunity to provide his own input regarding the Plan and also hearing input from other bicyclists in the community.

CDOT's Bicycle Crash Analysis Reveals the Who, What, When, Where, and Why of Chicago Bike Crashes

The Chicago Department of Transportation recently released the "Chicago Bicycle Crash Analysis," a report examining trends in Chicago bicycle crashes from 2005 to 2010. During this period of time, there were 8,861 injury-causing bicycle collisions and 32 bicyclist fatalities in Chicago. The study analyzed both safety data on crashes, injuries and trauma from several sources as well as travel data to identify key concerns and to recommend strategies to lower the number of bicycle crashes in Chicago. The results of the study provide an interesting insight into Chicago bicycle crash trends.

Who

The Chicago DOT's study analyzed common traits among the types of bicyclists and motorists who are most frequently involved in bicycle collisions. Among bicyclists, males accounted for 2/3 of the bicycle miles ridden in Chicago between 2005-2010 but accounted for 3/4 of the bicyclists involved in injury-causing crashes. In addition, male bicyclists accounted for two times the amount of bicycling fatalities compared to women bicyclists. The highest number of bicycle crashed occurred among male bicyclists aged 10-14 and 45-54.

Among motorists, men were behind the wheel in 64% of injury-causing bicycle collisions. In addition, male motorists were involved in 70% of fatal bicycle collisions, though female motorists were involved in the majority fatal crashes among motorists aged 55 and over. Among both males and females, drivers aged 25-44 were most likely to be involved in an injury-causing bicycle collision. 

What

During the six years included in the study, there were an average of 1,477 injury-causing bicycle crashes per year in Chicago, equating to an average of more than four injury-causing bicycle collisions per day. In addition, during the six years included in the study, there were an average of five bicycling fatalities in Chicago per year. Among bicyclists involved in collisions, 10% suffered "incapacitating" injuries, 52% suffered "non-incapacitating" injuries and 38% suffered "possible" injuries. Personal vehicles were involved in over 78% of bicycle crashes, while taxis were involved in just over 8% of bicycle crashes and city buses were involved in approximately 1.5% of bicycle crashes.

When

The majority of Chicago bicycle collisions during 2005-2010 occurred in the summer months from June through September. However, only 45% of all fatal crashes occurred during the summer months. There was no notable trend regarding the frequency of injury-causing bicycle crashes during the weekdays, though the number of injury-causing crashes spiked on Fridays. Sunday accounted for the lowest percentage of injury-causing crashes, but surprisingly accounted for the highest number of bicycling fatalities. With respect to time of day, the largest number of injury-causing crashes occurred between 4:00-7:00 p.m., but bicycle fatalities occurred most often between 8:00 p.m. and midnight.

Where

From 2005-2010, Chicago's injury-causing and fatal bicycles crashes were most concentrated in neighborhoods just north and west of the Loop. In specific, approximately 37% of all injury-causing bicycle crashes and 34% of all fatal and serious bicycle crashes occurred in the area extending north through Lincoln Park to Lakeview and extending West through Wicker Park, Bucktown, and Logan Square. However, 1/3 of all miles ridden on bicycles in Chicago occurred in this area as well. There were also more bicycle collisions on major roadways extending from the Loop, including Milwaukee Avenue, Lincoln Avenue and Clark Street. Approximately 55% of all bicycle collisions occurred at intersections.

Why

During the years included in the study, there was not a single cause accounting for the majority of bicycle crashes, but motorists' failure to yield accounted for 40% of all bicycle crashes. In addition, approximately 40% of all bicycle crashes occurred when bicyclists were traveling against traffic. At controlled intersections, the likelihood of being involved in a bicycle collision doubled when bicyclists crossed intersections against traffic signals.

Perhaps the most notable trend among Chicago bicycling fatalities related to bicycle helmet use. Of the 29 bicycling fatalities in Chicago between 2005-2010, only one of the bicyclists was wearing a helmet. In addition, 75% of bicyclists taken to trauma centers following a collision were not wearing helmets. Drunk driving was not a statistically significant factor in relation to bicyclist fatalities.

How - The Takeaway

The Chicago Department of Transportation concluded its report by discussing  a number of recommendations to help achieve its goal of reducing the number of bicycle crashes in Chicago by 50% over the next five years. The Chicago DOT's recommendations focus on five specific areas: (1) roadway design and engineering solutions, (2) education and marketing solutions, (3) data and reporting solutions, (4) enforcement solutions and (5) policy solutions, which are discussed at length in the DOT's report.

The Illinois Bicycle Lawyers at Keating Law Offices appreciate and fully support the efforts of the Chicago DOT to investigate the causes of the alarming number of bicycling collisions that occur in Chicago each year. As the leading Illinois firm in the field of bicycle litigation, we are routinely shocked by the circumstances resulting in our clients' injuries and believe that the vast majority of the collisions we see firsthand are preventable. We applaud the Chicago DOT in its strategic effort to take calculated steps to decrease the number of bicycling injuries and fatalities in our city.

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.

Will It Play In Peoria? IDOT Requests Public Input in Peoria on its Bike Transportation Plan

The Illinois Department of Transportation held a public meeting in Peoria, Illinois on July 16, 2013, requesting input on its "Bike Transportation Plan." As we discussed in our March 28, 2013 blog post, the Illinois Bike Transportation Plan is one part of the IDOT's Long Range State Transportation Plan. According to IDOT's website, the Bike Transportation Plan will make recommendations with respect to the following: 

• Bicycling related planning and policy recommendations;
• Bikeway safety, design and maintenance recommendations;
• Regional scale bikeway network recommendations;
• Bikeway network implementation and prioritization recommendations;
• State bicycling performance measures;
• Education, outreach and enforcement recommendations; and 
• Funding recommendations. 

IDOT has partnered with Alta Planning + Design to complete the bicycle-related portion of the Long Range State Transportation Plan but continues to make good on its promise to seek public input. IDOT's most recent meeting in Peoria was the third of nine public meetings planned throughout the state. In addition, there will be an online meeting held on July 30, 2013. Click here for a schedule of the remaining public meetings.

Illinois Bicycle Lawyer Michael Keating attended IDOT's first public meeting, held at Chicago's Thompson Center on July 9, 2013. As the leading Illinois bicycle litigation firm, we represent injured bicyclists throughout the state of Illinois and enjoy meeting with members of Illinois' bicycling community. We encourage all active Illinois Bicyclists to attend one of IDOT's upcoming meeting or to provide input online. We look forward to the implementation of IDOT's Bike Transportation Plan in the coming years.

For more information on IDOT's Long Range State Transportation Plan, visit http://www.illinoistransportationplan.org. If you have any questions regarding this post or an issue involving Illinois personal injury laws, 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.

Keating Law Offices to Sponsor Tour de Crystal Lake

The Illinois Bicycle Lawyers at Keating Law Offices have signed on to sponsor tomorrow's "Tour de Crystal Lake" a professional and amateur road bike race in Crystal Lake, Illinois. Click here to read a local news article on the event. Keating Law Offices is one of the lead sponsors for the Prairie State Cycling Series.

Attorney Michael Keating of Keating Law Offices said, "The Illinois Bicycle Lawyers of Keating Law Offices are very pleased to sponsor the Prairie State Cycling Series. Last year's sponsorship of the Prairie State Criterium in St. Charles was a huge success. As advocates of Illinois bicyclists, we are committed to promoting bicycling in Illinois, whether it be advocating for safer streets, fighting for our clients, or even supporting pro-level bicycling in Illinois."

Keating Law Offices is a Chicago-based firm of trial lawyers who represent clients throughout Illinois. They are the leading Illinois firm in the field of bicycle litigation. If you have any questions regarding this post or an issue involving bicycle law or litigation, please contact Illinois Bicycle Attorney Mike Keating at 312-208-7702 or MKeating@KeatingLegal.com 24 hours a day, 7 days a week.

Fairview Heights, IL Loses Beloved Resident to Bicycle Crash

One of Fairview Heights most well-known and well-liked residents died tragically of injuries he sustained in a bicycle accident on the morning of July 10, 2013. Phillip J. Lubeck, a 62 year old veteran bicyclist, was riding his bicycle southbound on Illinois 159, also known as North Illinois Street, towards its intersection with Kassing Avenue when he was struck by a vehicle traveling in the same direction. The Fairview County Police Department responded to the scene. Lieutenant Steve Evans reportedly stated it was readily apparent that Mr. Lubeck suffered "life-threatening injuries." He was transported to Memorial Hospital in Belleville, Illinois where he was pronounced dead. The cause of the collision remains under investigation. 

 

The city of Fairview Heights is already feeling the void in their community resulting from Phillip Lubeck's passing. Fairview Heights Mayor Gail Mitchell described Mr. Lubeck as his "buddy" and "go-to guy," stating that Mr. Lubeck frequently volunteered for a number of community events including "homecoming, the art fair, the senior picnic, and the fishing rodeo." Because of his exemplary volunteer efforts, Mayor Mitchell presented Mr. Lubeck with a plaque approximately five years ago, naming Mr. Lubeck Fairview Heights' "Most Dedicated Person."

 

Mr. Lubeck's neighbor and friend Patrick McAndrews echoed the Mayor's sentiment, stating Mr. Lubeck was a lovable person who was always willing to lend a hand to others. Mr. McAndrews explained: "He lived alone, but Fairview was his family. He know everybody and never met a stranger . . . . Every city needs someone like him. He was special and he will be missed." 

The Illinois Bicycle Attorneys at Keating Law Offices are saddened to learn of such a tragic loss. The number of bicycling fatalities in Illinois this year is alarming and is a shocking reminder that even experienced bicyclists such as Mr. Lubeck are still very vulnerable on the road. Our thoughts and deepest sympathies are with Phillip Lubeck's friends and family, as well as the community of Fairview Heights.

Hit-and-Run Collision by Drunk Driver Kills IL Bicyclist and Injures Four Others

One of the most senseless and tragic bicycle accidents in Illinois history has left an Illinois teenager dead and four others injured. A Flat Rock, Illinois teenager identified as 16 year old Leonard J. Beachy passed away on July 6, 2013 as a result of injuries he sustained when an allegedly intoxicated motorist struck him while he was on his bike in Charleston, Illinois. At the time of the fatal collision, Leonard was riding with 27 year old Truman Beachy, 24 year old Jonathan Beachy, 19 year old Timothy Zehr, and 20 year old Javin Lehman. All of the bicyclists were injured in the hit-and-run collision. 

Immediately prior to the collision, the five bicyclists attended Horse Progress Days, a trade show featuring horse-powered farm technology in the Arcola, Illinois area. All five bicyclists are members of the Crawford County Amish community. They were riding home from the trade show on their bicycles in a single line heading southbound on Lincoln Highway Road, also known as South 4th Street. At approximately 9:10 p.m., the group was suddenly struck from behind by a motorist in a light colored vehicle who was also traveling southbound on Lincoln Highway Road. Leonard, who was the last bicyclist in the line, sustained the brunt of the impact. 

The Coles County Sheriff's Department responded to the scene. All five bicyclists were transported to area hospitals. Tragically, Leonard Beachy was pronounced dead at Sarah Bush Lincoln Health Center as a result of injuries he sustained in the collision. The conditions of the other four bicyclists remain unknown, but they are reportedly expected to recover from their injuries. 

The motorist responsible for the accident fled the scene. Fortunately, the Coles County Sheriff's Department was able to located his 1995 mint green Ford Taurus less than 3 hours after the accident, just after midnight on the morning of July 7, 2013. The driver, identified as 21 year old Samuel Meadows, was arrested and charged with Aggravated Driving Under the Influence and Leaving the Scene of a Personal Injury/Fatal Accident. He is being held at the Coles County Safety and Detention Center. 

Under the Illinois Vehicle Code, motorists are required to leave a minimum of three feet of space when passing a bicyclist. Section 5/11-703(d) of the Code specifically states "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 an individual and shall maintain that distance until safely past the overtaken bicycle or individual." Therefore, even if the driver had not committed the obvious crimes of driving drunk and fleeing the scene of an accident, he is still in clear violation of the Illinois Vehicle Code for driving much too close to the bicyclists while attempting to pass them.  

We are deeply saddened to learn of this extremely unnecessary collision. Our thoughts are with the friends and family of Leonard Beachy at this very difficult time. We wish the rest of the bicyclists injured in this collision a quick recovery.

Chicago Bicyclist Receives Settlement After Injuries From Right Hook Bike Crash

Right hook bicycle collisions are one of the most common types of bike crashes, particularly in busy urban or suburban areas. Right hook collisions occur when the bicyclist and the motorist are traveling in the same direction with the bicyclist positioned on the roadway between the motor vehicle and the curb. The "hook" causes a bicycle accident in two ways: First, the motor vehicles turns right into the path of the bicyclist and the bicyclist cannot stop in time and collides with the motor vehicle. The second way a bicycle accident occurs is when the motor vehicle turns directly into the bicyclist and strikes the rider.

The Illinois Bicycle Lawyers of Keating Law Offices successfully resolved a case on behalf of a Chicago bicyclist who was injured in a right hook collision on December 15, 2012. The bike accident occurred at the intersection of Walton Street and Wells Street in Chicago's Old Town neighborhood. In this case both the bicyclist and the motorist were traveling eastbound on Walton Street alongside one another. Without warning, the motorist suddenly attempted to make a right turn onto Wells Street, striking the bicyclist. This impact threw the bicyclist onto the hood of the motorist's vehicle before the rider crashed to the ground. 

Following the collision, our client did not seek immediate medical attention, hoping to naturally recover from his injuries over his Christmas break. However, when his pain did not subside naturally, he visited a primary care physician in early January of 2013 and was diagnosed with several muscoskeletal injuries and a left leg wound. In addition to his physical injuries, the bicyclist missed multiple days of work while recovering from his injuries, his Lotus Special bicycle was badly damaged, and he was forced to take nearly a month off from bicycling and engaging in his usual workout schedule.

Under Section 5/11-703(d) of the Illinois Vehicle Code, a motorist is required to maintain a safe distance of at least three feet when passing a bicycle proceeding in the same direction. In negotiating a favorable settlement of this claim, the Illinois Bicycle Lawyers emphasized the motorist's violation of this statute in addition to the motorists failure to "keep a proper lookout," legalese for watching where you are going.

A very favorable settlement was reached on the injured bicyclist's behalf. The bicyclist was fully compensated for his injuries, medical expenses, property damage, lost wages, and inability to engage in his usual activities. This inability to engage in one's usual activity is called "loss of a normal life." This doesn't mean that someone is totally disabled, it simply means that a person's life is thrown out of whack for a time while they recover. "Loss of a normal life" is fully compensable under Illinois law. It is very important when working on resolving a personal injury claim stemming from a bicycle accident that ALL chances of receiving compensation from an insurance company are pursued. The attorneys at Keating Law Offices always make sure that they do every single thing possible to maximize the financial recovery for the victims of bicycle accidents that the firm represents. 

Keating Law Offices to Represent Victim of Bike Crash in Rolling Meadows

The Illinois Bicycle Lawyers at Keating Law Offices have been retained to represent a northwest suburban woman who was the victim of a bicycle crash on July 2, 2013. That morning the bicyclist, who works at a local bike shop, was riding to work along Algonquin Road when a motorist turning onto the road drove directly into her. The impact knocked the bicyclist, who was clipped into her pedals, to the ground. The motorist may not have seen the bicyclist or even realized he hit her as he continued to drive while the bicyclist was pinned under the front of the vehicle. In the process the motorist dragged the bicyclist out of the parking lot of the business and into the roadway. 

The Rolling Meadows Police Department and Fire Department responded to the scene. Rolling Meadows Battalion Fire Chief Jeff Moxley reportedly said it initially appeared as though the bicyclist was pinned underneath the car when they arrived on the scene. The bicyclist was transported to Northwest Community Hospital in Arlington Heights via ambulance for emergency treatment. The victim of the bicycle crash was initially placed in the intensive care unit and ultimately underwent surgery due to internal complications from the bicycle crash. 

The motorist who caused this collision was issued a traffic citation for failure to yield to the bicyclist. Due to the nature of this collision, the Rolling Meadows police department continues to investigate and we are assisting with that investigation. Anyone with any information on this incident is asked to contact Keating Law Offices at 312-239-6787 or email attorney Mike Keating at mkeating@keatinglegal.com.

Tern Folding Bikes Recalled by Stile Products

Stile Products recently announced a recall of approximately 175 Tern folding bicycles due to a recently discovered fall hazard. According to the U.S. Consumer Product Safety Commission, there have been two reports of the frame cracking near the hinge on the top tube, causing bicyclists to fall and sustain minor injuries including scrapes and bruises. 

The recall applies to Tern's Eclipse S11i and Verge S11i, X10, X20, X30h models. The Eclipse model is silver and black, while the Verge models were sold in a number of different color combinations. The bicycles were sold nationwide by authorized Stile and Tern dealers from January 2012 to May 2013 for $1800 to $3000. 

Purchasers of the recalled Tern bicycles should immediately stop riding them and contact Stile Products or take the bicycle to an authorized dealer. Stile Products will provide customers with a free replacement frame and have it installed at no cost to the customer. 

The Illinois Bicycle Attorneys at Keating Law Offices strongly encourage Illinois' cyclists to stay informed regarding recalls that effect their bicycles or other cycling equipment.  While manufacturers rarely intend to knowingly sell defective products, recalls are a reminder that product defects posing serious risks to cyclists can be discovered once a product is already on the market. It is important to monitor the safety of your bicycle and cycling equipment both before and after a purchase. 

Under Illinois law, 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.  This means that if a bicycle crash occurs because a part of the bike broke or failed during normal use, the manufacturer of that product would be responsible for any injuries or other damages suffered by the rider. The attorneys at Keating Law Offices have handled numerous product liability cases. If you have any questions regarding a product liability case or other personal injury matter, please contact the firm at 312-239-6787.