Illinois Bicycle Law Pages
News outlets are reporting that a Chicago bicyclist was critically injured in a "left hook" collision at the intersection of West Addison Street and North Milwaukee Avenue on Chicago's Northwest Side. The collision occurred late Sunday night when the bicyclist was struck by an SUV as the vehicle made a left turn from the northbound lane of Milwaukee.
According to reports, the driver of the SUV was cited for failure to yield the right-of-way. Both Addison and Milwaukee are dedicated bike routes at this location. While there are not painted lines designating a bike lane, signage at the location clearly marks the area as a place where bicycles are regularly a part of traffic patterns.
The Illinois Vehicle Code and the Chicago Municipal Code both require vehicle to yield the right of way when making a left-hand turn across oncoming traffic. While not motorized, under the law a bicycle is a vehicle and is considered oncoming traffic that a vehicle is required to yield to when making a left-hand turn.
Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri have reached a settlement on behalf of a Divvy bicyclist who was injured when she was doored by a pizza delivery driver.
The dooring happened on September 11, 2013 as the bicyclist was riding southbound on Clinton Street in the marked bike lane. The driver was returning to a nearby pizza restaurant after making a delivery run and had parked along the curb at 310 South Clinton Street.
As the Divvy bicyclist approached the parked vehicle the driver suddenly opened the driver's door directly into the bicyclist's hand on the right handle bar of the Divvy bike. The impact crushed the bicyclist's right hand between the vehicle door and the handle bar. The impact then caused the Divvy bicyclist to be thrown from the Divvy bike to the pavement. The Divvy bike then landed on top of the bicyclist. The bicyclist immediately sought medical treatment for injuries to her right hand and left shoulder.
The responding Chicago Police Officer issued the driver a traffic citation for violating Section 11-1407 of the Illinois Vehicle Code. Section 11-1407 states in part, "No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic." (625 ILCS 5/11-1407). As evidenced by the collision and resulting injuries, it was clearly unsafe for the driver to open his vehicle door into the bike lane without first looking for oncoming bicycle traffic.
The Illinois Bicycle Lawyers filed a claim with the driver's insurance carrier to compensate the injured Divvy bicyclist for her injuries, medical bills, loss of a normal life and pain and suffering. After weeks of negotiation, the settlement secured by the Illinois Bicycle Lawyers amounted to four times (400%) of the medical bills incurred by the injured Divvy bicyclist.
Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri recently secured a personal injury settlement for a Schaumburg, Illinois bicyclist who was injured in a bicycle versus motor vehicle collision. The bicyclist's claim was originally denied by the driver's insurance company. A denial of liability is a position by an insurance company that, while there may have been an incident resulting in an injury, their insured driver was not responsible and therefore the insurance company does not have to provide insurance coverage. However, the attorneys at Keating Law Offices refused to accept this denial and filed a lawsuit on behalf of the injured bicyclist. The law firm ultimately secured the injured bicyclist a substantial settlement through litigation.
The incident occurred on June 15, 2012 as the 70 year-old bicyclist was traveling westbound on Grove Avenue at its intersection with Mercury Drive in Schaumburg. The bicyclist had traveled the same route around his neighborhood every morning for 8 years prior to the collision. Based on the layout of the roadways, the bicyclist had the right of way as he was riding through the T-intersection of Mercury Drive and Grove Avenue.
At the same time the motorist was attempting to make a left-hand turn from eastbound Grove Avenue onto northbound Mercury Drive. The driver failed to see the bicyclist and proceeded to make his left turn in the direct path of the bicyclist. Just before striking the bicyclist the driver slammed on the breaks. Fearing imminent impact, the bicyclist jumped from his bicycle to the street. As a result of this incident, the bicyclist was knocked unconscious and sustained a fractured finger as well as a gash above his right eye that required stitches.
The driver told the investigating police officer that he never initiated the left turn and that the bicyclist lost consciousness and fell from his bike for reasons unknown. To his credit, the responding police officer didn't buy the driver's story and issued him a traffic ticket.
Despite overwhelming evidence to the contrary, the driver’s insurance company chose to believe the driver’s improbable story and denied the bicyclist's claim. In denying the claim, the insurance company alleged that the bicyclist “fainted or otherwise lost consciousness for reasons unrelated to any conduct” the driver’s conduct. Further, the insurance company alleged that the driver was not liable for the bicyclist’s injuries because there was no contact between the vehicle and the bicyclist.
Upon notice of the denial of liability, Keating Law Offices filed a lawsuit against the driver in the Circuit Court of Cook County. The firm immediately began preparing the case for trial. Throughout the case, the attorneys at Keating Law Offices were able to discover and present evidence that showed that the bicyclist’s fall and resulting injuries were caused solely by the defendant driver’s failure to yield the right-of-way to the bicyclist.
The investigating police officer testified in his deposition (a transcribed statement under oath) that his investigation led him to conclude that the driver’s story was false and that that defendant driver’s failure to yield the right-of-way to the bicyclist was the cause of the incident. Significantly, under oath at his deposition, the defendant driver recounted his original story to the police officer and admitted that he did not see the bicyclist approaching from the opposite direction and thus proceeded to make his left turn. The defendant further admitted that he slammed his breaks just before striking the bicyclist, thus causing the bicyclist to fall from his bike.
Despite the assertion of the defendant’s insurance company, whether or not there was actual contact between the defendant’s vehicle and the bicyclist was inconsequential. Section 11-703 of the of the Illinois Vehicle Code strictly prohibits drivers from operating a motor vehicle unnecessarily close to, toward, or near a bicyclist. Thus, the fact that there was no contact between the vehicle and the bicyclist was legally irrelevant.
Ultimately, the insurance company and its attorneys were forced to conclude that their initial position was wrong and that the injured bicyclist had a valid and meritorious claim. With their backs to the wall, the defendant’s insurance company offered to pay the bicyclist’s medical bills. The offer failed to account for the pain and suffering and loss of a normal life incurred by the bicyclist. Thus, the offer was rejected and the Illinois Bicycle Lawyers continued to prepare the case for trial. The defendant driver’s insurance company ultimately agreed at a mediation to pay several multiples of the bicyclist’s medical bills in order to settle the lawsuit.
The Illinois Bicycle Lawyers at Keating Law Offices are the top law firm in Chicago, Illinois representing victims of bicycles accidents and crashes. The firm has successfully represented numerous victims of bicycle accidents and collisions in Chicago, the suburbs, and throughout the rest of Illinois. If you have any questions regarding this post or an issue involving Illinois personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 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 Office of Illinois Governor Pat Quinn announced that the State of Illinois will invest $87,000.00 in a new civic works project that will construct a new bicycle path in the village of Lake Bluff and to build a brand new bridge over West Scranton Avenue. This infrastructure project will replace the existing bridge which runs along the Robert McClory Bike Path.
This project is the latest of Governor Quinn’s $1 million investment in improving the quantity and quality of bicycle trails in Illinois. “This investment will provide more opportunities for people to get out, get healthy and enjoy what Lake Bluff has to offer,” Governor Quinn said. “Bicycling is an ideal activity for young and old, and this path will make biking safer and more convenient.” In addition to a healthy lifestyle, bike trails such as this one offer a great way to experience the scenery of Illinois.
State Senator Julie Morrison, added, “The Robert McClory Bike Path gives cyclists an opportunity to see Lake County from top to bottom. It’s a great local attraction, and I’m glad to see the state chipping in to keep it in good repair.”
The efforts to improve the bicycle paths in the state of Illinois began in 1989 by the Illinois Department of Natural Resources. This plan, known as the “Bicycle Path Grant Program”, funded by a percentage of motor vehicle title fees, provides up to 50% of the costs associated with these projects. Since 1990, the Illinois Department of Natural Resources has created approximately 982 miles of government bicycle trails in the state of Illinois.
The attorneys of Keating Law Offices are ardent supporters of bicycling and public works initiatives like these that increase the usability of the state's existing infrastructure by bicyclists. The use of this grant is especially appealing because it takes the already existing trail and maximizing its usability. This will "pull" bicyclists to the path where they are free to ride without the risk of collisions with motor vehicles.
Keating Law Offices has handled numerous cases in Lake County. If you or anyone you know is a victim of someone else’s negligence while riding a bicycle, please contact the Illinois Bicycle Lawyers of Keating Law Offices immediately. Attorney Michael S. Keating, founder and owner of Keating Law Offices, can be reached during office hours by phone at (312) 239-6787 and during non-office hours at (312) 208-7702, or by e-mail at mkeating@keatinglegal.com.
