Why Do So Many Bicyclists Fracture Their Collarbone In A Bike Crash?

As a personal injury attorney, one of the first topics we discuss with a client is "What are your injuries?" As attorneys who concentrate our practice on representing victims of bicycle accidents, time and time again we see broken collarbones as the main injury from a bike crash. The reality is that one of the most common injuries for bicyclists hurt in an accident or crash is a fractured collarbone. Even now scrutinized, but once heralded, pro riders like Lance Armstrong and Tyler Hamilton famously suffered broken collarbones.

Attorney Mike Keating was recently consulted by an out-of-state attorney who was handling a bicycle accident case. The attorney was in a difficult predicament because his client was knocked unconscious in a crash and wasn't sure as to what happened. The bicyclist had broken ribs on his right side, but a fractured collarbone on his left. The attorney was trying to figure out how there could be two injuries to two sides from the same crash. Attorney Keating knew what the most probably scenario was: the bicyclist was hit by the car on his right side, and then knocked onto the pavement onto his left side where his clavicle broke.

 

The collarbone, or clavicle, is probably the most susceptible bone on the body of a cyclist but not for the reason most people think. Many cyclists break their collarbone not by the bone itself hitting the pavement, but from the fall off their bike. When a cyclist is thrown from a bicycle, their immediate and instinctive reaction is to put their hands out to break their fall. However, when their hands hit the pavement the jarring force causes the collarbone to buckle under pressure. This event is known as the "mechanism of injury."

 

An Australian doctor who deals primarily with cyclist injuries, Dr. Dominic Briscomb, says that 95% of collarbone injuries can be diagnosed by touch. Most cyclists can feel a noticeable bump in the area and the arm on the side of injury can go numb. Should you feel a bump or sharp pain, you should IMMEDIATELY go to the hospital. Most minor collarbone breaks can be treated by simply placing your arm in a sling for 3-6 weeks, however more serious collarbone breaks can require surgery. The most common surgery is an open reduction - internal fixation surgery (ORIF) where a surgical plate and screws are used to secure the fracture. Finally, after the break has healed, physical therapy is required.

It is important to attempt to regain full range of motion after a collarbone injury and physical therapy is a valuable tool to not only get back on the road, but to get 100% physically. Most avid cyclists will want to get back on the road as soon as possible following a collarbone break, but these cyclists should proceed with caution and wait until they have clearance from their treating physician. An ounce of prevention is worth a pound of cure, as the old expression goes.

Keating Law Offices currently represents numerous cyclists who have suffered broken collarbones after a bicycle accident or crash. 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.

Chicago Ride of Silence to leave Daley Plaza at 6:30 p.m. Rides also in Arlington Heights, Downers Grove, Elk Grove, Evanston, Oak Lawn, Joliet

The 11th Anniversary of the Ride of Silence is tonight, Wednesday May 21, 2014. The Ride of Silence honors those who have been injured or killed in a bicycle collision or crash.

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 6:30 p.m. after gathering at 6:00 p.m. 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.

Here is info on Illinois Ride of Silence Rides from the Ride of Silence website:

ILLINOIS ORGANIZED RIDES

Arlington Heights
Distance: 10 miles. Ride at 7PM, Please arrive before 6:45PM. Ride starts/ends at 500 E Miner, Arlington Heights. Contact: Gary Gilbert.

Bloomington
Distance: 2.4 miles. Meet in front of the McLean County Museum of History in Downtown Bloomington at 6:30pm. After a few words from elected officials and cycling advocates, we will ride to Uptown Normal with a police escort. Contact: Michael Gorman.

Chicago
Distance: 10 miles. Gather at Daley Plaza's Eternal Flame beginning at 6pm; ride departs at 6:30pm. Contact: Elizabeth Adamczyk.

Downers Grove

Distance:9 miles. We will meet at the base of the water tower in McCullom Park, Downers Grove, and ride approx 10 miles. Contact: Loni Wiedemann.

Elk Grove
Friends of Cycling in Elk Grove is riding in memory of Rose Waters, and all others that have been injured or killed while cycling. We'll be riding 9.3 miles at a slow page (10mph) in complete silence. There is no fee to participate in this event.

A HELMET IS REQUIRED!! We'll also be obeying the Rules of the Road: stopping at stop lights and stopping at stop signs when there is cross traffic.

This ride is appropriate for ages 10 and up as we do need to keep the group together. The route and details have been determined with input from Rose's family. The route can be found here

Schedule
5:50pm - 6:20pm: Sign-in and bike checks by VCS
6:20pm - 6:40pm: A few words (Paul Rudden (Rose) and Dave Simmons (safety))
6:40pm - 8:00pm: Ride of Silence (9.3 miles)
8:00pm - 8:30pm: Refreshments at Hattendorf Center (tentative)

Evanston
Distance: 11 miles. The ride will start at the Chandler Neuberger Center in Evanston near the Central St. L stop. The ride will end at Tommy Nevins Pub in Evanston. 11 miles. In silence. In solidarity. Please bring lights as if you are riding home in the dark. Contact: David Barish.

Fairview Heights
Distance: 6 miles. Inaugural ride in Fairview Heights. 6 miles is shorter than the recommended, but given that the city is not well laid-out for bicycles, this is about as good as I can do for a first year. Contact: Sara Jo Briese.

Joliet
Distance: 9 miles. In Memory of Jan Briese, killed on May 26, 2005, while leading her Thursday morning Joliet Bicycle Club ride as she had for more than 12 years. Starting at the Memorial Stadium, 3000 W. Jefferson Street (Rt. 52). Line up at 6:45 P.M. Ride rolls promptly at 7 P.M. Contact: Sara Jo Briese.

O'Fallon
Distance: 10 miles. Contact: Robert Norman.

Oak Lawn
Please arrive before 6:45PM. Ride starts/ends at Oak Lawn Patriot Station (Metra Station) 9525 Tulley Ave Oak Lawn, IL 60453 Parking is available and free. Ride rolls promptly at 7PM. Distance: 10 miles. Contact: Deanna Sandei.

Peoria
Organized locally by the Illinois Valley Wheelm'n. We will begin assembling for the ride at 6:30 PM from Glen Oak Park in Peoria off Prospect Road (2218 North Prospect Road). Shortly before 7 PM, we will say a few words about the event and why everyone is there. Once the ride has left promptly at 7 PM on the 8.2 mile course. If you have any further questions, please contact us through the contact form listed on this website OR call 309-696-2591. Distance: 8.2 miles. Contact: Michael Honnold.

Woodstock - McHenry County
Distance: 6.5 miles.7 PM sharp come at 6:45. Meet at the McHenry County Courthouse, (SW corner of parking lot) (2200 N Seminary Ave, Woodstock, IL 60098 (for your GPS)). Contact: Eberhard Veit.

"Denied" Lawsuit Settled for Chicago Bicyclist Injured in Bike Accident at Congested Grand - Halsted - Milwaukee Intersection

The Illinois Bicycle Lawyers at the Keating Law Offices have successfully settled a lawsuit for a Chicago bicyclist who was seriously injured in a collision with a motor vehicle at the six-cornered intersection of West Grand Avenue, North Halsted Street and North Milwaukee Avenue in Chicago. At this intersection, Grand Avenue runs east and west, Halsted Street runs north and south and Milwaukee Avenue cuts through at a 45 degree angle, running southeast and northwest.  This complicated intersection is often congested at all hours of the day with all kinds of traffic, including bicyclists who use the popular bike lane on Milwaukee Avenue. 

One late night in February of 2013, the bicyclist was headed westbound on Grand Avenue near the six-way intersection on his way home from work at a restaurant near Millenium Park. At the same time, the motorist, who was traveling eastbound on West Grand Avenue, attempted to make a left turn onto northbound North Halsted Street. The motorist cut directly in front of the bicyclist and the two collided in the intersection. This type of collision is known as a "left hook" crash. 

The bicyclist immediately experienced intense pain throughout his body and was later diagnosed with multiple injuries. Most significantly the bicyclist learned he had suffered a broken left leg. The motorist, despite the well lit intersection, claims not to have seen the bicyclist. After taking both parties’ statements and reviewing physical evidence at the crash scene, the responding Chicago police officer determined that the motorist was at fault for failing to yield to the bicyclist. 

Chicago law is clear on a motorist’s duty to yield the right of way when making a left turn across traffic. Section 11-902 of the Illinois Motor Vehicle Code states:

"The driver of a vehicle intending to turn to the left within an intersection . . . shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard."

In simple terms, even though both the bicyclist and motorist had a green light, since the motorist was attempting to make a left turn across the westbound lanes of traffic and the bicyclist was headed straight through the intersection, the bicyclist had the right of way.  The motorist should have yielded to the bicyclist and when she didn't, the crash occurred and the bicyclist was injured.

Furthermore, the Chicago Municipal Code also makes it clear that a motorist’s claim not to have seen a bicyclist is not a valid excuse. The Code specifically offers legal protection to the bicyclists by requiring motorists to utilize "due care" in driving around bicyclists. The requirement to exercise “due care” basically means that all motorists are required to operate their vehicles in a careful, reasonable and safe manner. This requirement varies case by case, depending on things such as traffic conditions, weather conditions and time of day. In this case, the “due care” requirement for a motorist driving through this particular six-way intersection late at night necessarily included the responsibility to look out for the numerous bicyclists that utilize Milwaukee Avenue's bike lane. 

The injured bicyclist came to the Illinois Bicycle Lawyers at the Keating Law Offices for legal advice. Despite the facts of the case and the early determination by the police officer, the claim had been initially denied by the insurance company and its lawyers. The insurance company argued that the motorist did nothing wrong and it was not her fault she couldn't see the bicyclist at night. 

However,  we felt that the argument was superficial at best. After filing a lawsuit and litigating the case, Attorneys Mike Keating and Joseph Vietri were able to settle the lawsuit and compensate the injured bicyclist for his medical bills, pain and suffering and loss of a normal life. “Loss of a normal life” is defined as “the temporary or permanent diminished ability to enjoy life,” and is a type of “damage” that can be compensated for under Illinois law. It “includes a person’s inability to pursue the pleasurable aspects of life.” 

Unfortunately for this bicyclist, his serious injuries greatly limited his daily life. An avid bicyclist and father to a young child, the bicyclist was unable to ride his bicycle or care for his young child for some time following the crash.

State of Illinois to Invest Millions in Bicycle Infrastructure. But Who Gets What?

The State of Illinois has announced that it will invest $52.7 million in community transportation projects, including substantial funding for bicycle infrastructure throughout the state. Cook County alone will receive over $10 million in funding for projects that directly relate to constructing and improving bicycle infrastructure within the county. This is a massive public works project with projects throughout the Chicagoland area. 

The Illinois Bicycle Lawyers at Keating Law Offices are supporters of public works projects in general and massive supporters of projects that include advancements or improvements to the bicycle infrastructure in Illinois. There are two key reasons why public works projects involving bicycle infrastructure are important. 

The first reason is that "if you build it, they will come." Studies show that outside of hardcore bicyclists, that most recreational bicyclists are most comfortable riding on a bicycle path or on a protected bike lane. The more bike paths and bike lanes Illinois has, the more bicycle ridership will increase. The second reason is that infrastructure specific to bicycles reduces the number of bike accidents. Bicycle attorney Mike Keating explains how bicycle infrastructure reduces the number of bike accidents:

"I call it the separation factor." The more separated bicycle traffic is from motor vehicle traffic the better. Painted bike lanes are good because they provide a clear designation between the lane for bikes and the lane for cars. Signage can also play an important role in this regard. Barrier bike lanes protected with bollards are better because the bollards provide an even clear visual designation and an audible warning if the cars stray into the bike lane. Bike lanes that are truly protected - meaning totally separated from traffic - are best because there is a literal, physical impenetrable barrier between motor vehicle traffic and bicycles."

Below is an itemization of notable bicycle infrastructure projects in Illinois:

Riverdale: Over $2 million to build a 26-mile long, 10-foot wide segment of the Cal-Sag Trail, stretching from Lemont to the Burnham Greenway Trail at the Illinois/Indiana border.

Evanston: Almost $1.4 million to build two-way bike paths off of Sheridan Road from Lincoln Street to Chicago Avenue, and on Chicago between Sheridan and the Central Business District. The goal is to connect these two-way paths with existing protected bike paths.

Des Plaines: Over $1.2 million to build a path for bicycles and pedestrians along the south side of US Route 12, from Central Road to Elk Boulevard. This will close a major gap in the sidewalk network and create a continuous bicycle corridor throughout Des Plaines, which should greatly reduce bicycle accidents.

Glenview: Over $1 million to build a 2-mile, off-road path segment as a new addition to bike trail systems within Glenview.

Countryside: Almost $1 million to build a multi-use bike path on the east side of Brainard Avenue from Joliet Road to 55th Street.

Hillside: Over $800,000 to build a multi-use pathway for pedestrians and bicyclists on Mannheim Road, over the Interstate 290 interchange. This change will increase bicycle safety and reduce bicycle accidents in a high-traffic area.

Rolling Meadows: Almost $700,000 to build a 10-ft wide asphalt path along Euclid Avenue, running from Rohlwing Road until it connects with the bike path on Salt Creek Trail.

Skokie: Over $600,000 to build an asphalt, bituminous bike path as a part of the Village Corridor Plan to link all of the pedestrian-heavy areas in the heart of Skokie.

Itasca: Over $500,000 to build 0.67 miles of bike paths and sidewalks throughout the Hamilton Lakes Business Park.

Olympia Fields: Almost $500,000 to build a 1.25 mile-long, multi-use trail and bike path on Vollmer Road. It will connect to existing trails in the area.

University Park: Almost $500,000 to build a 2-mile long, 10 foot wide, asphalt bike path and trail to link residential neighborhoods with a retail district at Western Avenue and Exchange Street.

Western Springs: Almost $500,000 is to build a bike path to connect with the Salt Creek Trail system, affording bicyclists and pedestrians from La Grange, Western Springs, and Hinsdale easy access to the trail system and the pedestrian bridge over I-294 on Maple Street.

Carol Stream: Almost $300,000 to build additions to the Bloomingdale Trail, including a 0.71-mile, off-street bikeway along Kuhn Road from Army Trail Road to Lies Road, and a 1.01-mile, off-street bikeway along Lies from Gary Avenue to Schmale Road.

Calumet City: Almost $200,000 to build a 0.78 mile-long trail and bike path on Torrence Avenue, which will connect at the intersection of Torrence and 159th Street with another bike path in the works.

Berwyn: Almost $100,000 to build sidewalks and install bike route signage throughout the city, which should help tremendously in reducing bicycle accidents in Berwyn. Signage plays a key role in "human factors" by alerting motorists of the presence of bicyclists and giving direction to bicyclists.

Northbrook: Over $50,000 to install pavement markings and street signs for bicycle routes, which will make the suburb safer for bicyclists and reduce bicycle accidents.

The Illinois Bicycle Lawyers are excited about these extensive improvements because we strongly believe that the new infrastructure will substantially reduce bicycle accidents throughout Cook County and make streets safer for Illinois bicyclists.
 
If you have any questions regarding this post or an issue involving Illinois personal injury law, 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 Bicyclist Injured in Bicycle Crash with Taxi Cab

Eastbound Lake Street approaching Michigan Avenue: Scene of bicycle accident with taxi cab.

Illinois Bicycle Lawyers Michael S. Keating and Joseph T. Vietri have secured a substantial settlement for a bicycle commuter who was struck by a taxi cab near the busy intersection of Michigan Avenue and Lake Street in Chicago in September of 2011. The collision occurred in the middle of the day on September 13, 2011 as both the bicyclist and the taxi cab were headed eastbound on Lake Street.

The bicyclist was riding her bicycle along Lake Street when the taxi driver unexpectedly and without warning crossed over into her path, striking the bicyclist and knocking her to the street. This action was in violation of the City of Chicago and State of Illinois bicycle laws that are very clear on the responsibility of motorists who drive near bicyclists. 

Eastbound Lake Street is clearly marked as a a bicycle route by the Chicago Department of Transportation as indicated by the signage in this photograph. Signage serves the purpose of not only identifying a route for bicyclists, but also serves as notice to motorists that this is a roadway where bicycles are most likely going to be part of the traffic pattern.

CDOT Sign One Block Before Bicycle Accident Indicating that Eastbound Lake Street is a Bicycle Route to the Lakefront.

Generally speaking, all motorists have the duty to exercise due care when driving on the streets of Chicago. Section 11-1003.1 of the Illinois Motor Vehicle Code states that every driver of a vehicle must 1) always exercise care to avoid colliding with pedestrians and bicyclists, and 2) sound their horn to provide warning of an impending impact. The precise language of the statute as it applies to this bicycle accident is as follows:

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary.

Specifically, the taxi cab driver did not give the bicyclist the legally mandated "3 Feet" between the bicyclist and the motor vehicle. It is important to note that the law does not require "3 Feet" between the bicycle and motor vehicle, but a "safe distance" that the statute provides is a minimum of three feet. In other words, the law essentially provides that there should be more than three feet between the human powered vehicle and the motor vehicle. Section 11-703 of the Illinois Vehicle Code provides as follows: 

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

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

The bicyclist sustained multiple injuries as a result of the impact. She was taken to the emergency room, complaining of pain throughout her entire body, intense tingling in her right arm, and severe pain in her right ankle and left hand. She suffered numerous abrasions and contusions all over her body, most severely on her right ankle and left hand.

Shortly thereafter, the bicyclist began to suffer excruciating pain in her upper back and neck. The bicyclist continued to experience aches and pains throughout her back for over a month following the collision, as well as pain radiating down her left arm.

The Illinois Bicycle Lawyers made a claim with the taxi cab’s insurance carrier for the bicyclist’s injuries, medical bills, pain and suffering, and loss of a normal life. “Loss of a normal life” is defined as “the temporary or permanent diminished ability to enjoy life,” and is a "damage" that can be compensated for under Illinois laws. Loss of a normal life “includes a person’s inability to pursue the pleasurable aspects of life.” Unfortunately for this rider, her injuries also meant time off of her bike while she recuperated.

Here, the bicyclist sustained a temporary diminished ability to ride her bike and engage in the daily activities to which she was generally accustomed. Her sleep patterns were constantly interrupted by pain and she was unable to engage in daily activities. Even something as simple as sitting down was a painful experience. This compromised the bicyclist’s ability to enjoy her life the way she wanted. “Loss of a normal life” varies from person to person and from case to case. Under Illinois law, anyone injured in a bicycle crash caused by someone else is eligible for compensation for their “loss of a normal life.”

After literally years of litigating and negotiating with the cab company and the cab company's insurance carriers, the claim was ultimately settled very favorably in favor of the bicyclist. The bicyclist has since gotten back on the bike and continues to enjoy bicycling in Chicago.

Keating Law Offices is the premiere law firm that concentrates its practice on representing victims of bicycle accidents and bicycle crashes in 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 312-208-7702 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.

A Look Behind The Numbers: US Census Reports That Bicycle Commuting in Chicago has DOUBLED.

The U.S. Census Bureau released a report on the prevalence of non-motorized transportation in the daily work commute of thousands of Americans. The report, authored by Brian McKenzie, points to a nationwide increase in the amount of individuals opting to bicycle to work rather than use motorized transport. 

The Census Bureau’s report is based on data collected by the American Community Survey (ACS) from 2008 to 2012, gathered from a questionnaire sent to approximately 3.5 million addresses countrywide. This is the first U.S. Census Bureau report to focus entirely on commuting by bicycle and walking.

The ACS is conducted annually to provide one of the largest sources of information on bicycle commuting in the country. Here are the details on the Survey:

•  The ACS is geared towards workers 16 and older who work outside their home.
•  The questionnaire asks what the respondent’s primary method of transportation was for their previous week’s work commute.
•  For commuters relying on multiple transportation methods for their daily commute, only the method used for the longest distance of their commute will count.

Here's the most interesting fact to come from the ACS: The number of bicycle riders in America's urban centers skyrocketed in the past decade. The number of bicycle commuters in the country’s 50 largest cities increased by 60% from 2000 to 2008-2012, up from 0.6 percent of the commuting population in 2000 to 1.0 percent in 2008-2012. Raw data shows an increase from 488,000 people in the year 2000 to 786,000 in 2008-2012. Even though the overall share of workers commuting by bike remains relatively low—1.0% of the population—this drastic increase represents the single largest percentage increase of any transportation method in the country.

The increase in bicycle commuting may be the result of many of the country’s most prominent cities investing heavily in non-motorized travel-based projects. Many of these projects are critical improvements to the infrastructure that can greatly reduce the risk of a collision involving a pedestrian collision or a bicycle accident or simply provide easier access to bicycling. Examples of these infrastruce improvements are as follows:

• Sidewalk modifications;
• Protected bicycle lanes; and
• Bicycle sharing programs, such as Chicago’s popular Divvy program .

Chicago has more than doubled its rate of bicycle commuters. 1.3 percent of Chicago workers—about 16,000 people—used bicycles as their primary method of commuting from 2008 to 2012. This is a staggering jump from the less than 6,000 Chicago workers reporting bicycling as their primary method for commuting in 2000.

As the Illinois Bicycle Lawyers have previously reported, Mayor Rahm Emanuel’s “Chicago Streets for Cycling Plan 2020” has gone to great lengths to make bicyclists a top priority in Chicago. Chicago's bicycling plan is to build a network of over 645 miles of on-street bikeways. The Plan is well underway. Here are some details:

• Chicago already has over 200 miles of on-street bike lanes;
•  Chicago has about 50 miles of protected bike lanes;
• 19 miles of protected bike lanes were added in 2013;
•  Another 50 miles of protected bike lanes will be added by 2015

Finally, the report listed a few notable, nationwide trends among bicyclist commuters that make for interesting bicycles facts. For example:

• There are more than twice as many male bicycle commuters as there are female;
•  Large cities have the highest rate of bicycle commuters;
•  Americans are more likely to commute via bicycle the closer they work to their residence;
•  The average cyclist commute is 19.3 minutes;
•  Bicycle commuting is most prevalent for commutes between 11 and 14 minutes long;
•  Workers aged 16 – 24 are the most likely to commute by bicycle.

The most important takeaway is that bike are here to stay. Contrary to the assertions of many in the "anti-bike camp," bicycling is not a fad. Bicycling is an integral part of the transportation plan in any modern American city and Chicago is at the forefront of this movement. 

As bicycle attorneys in Illinois, we are proud to have been a part of the collective effort to support and advocate for bicycling throughout Illinois. We remain steadfast in our commitment to fight for the rights of bicyclist and adhere to our mission of providing legal advice to any bicyclist injured anywhere in Illinois at anytime. 

-Ride Safe

Bicyclist Killed in Collision on Harlem Avenue in Harwood Heights

4900 block of North Harlem Avenue in Harwood Heights, IL where bicyclists Jose Romero was fatally struck and killed as a result of a collision with a motor vehicle while riding his bicycle.

News outlets are reporting that a bicyclist was fatally struck and killed as a result of a collision with a motor vehicle in one of Chicago's suburbs. Jose Romero was riding his bicycle in the 4900 block of North Harlem Avenue in Harwood Heights on Wednesday when he was struck by a motorist who was exiting a business on Harlem Avenue. The is the second motor vehicle vs. bicycle collision within the past few weeks that has resulted in the death of the bicyclist in the Chicago area.

According to reports, the motorist was pulling out of a driveway to a business and attempting to enter Harlem Avenue. As the motorist was preparing to exit the driveway, she was checking for oncoming traffic to her left and apparently pulling into Harlem Avenue at the same time the bicyclist was passing on the motorist's right. As a result, it appears that the motorist did not see Jose Romero and he was struck with the vehicle as it entered Harlem Avenue.
 
The motorist was reportedly issued a traffic citation for failure to yield to oncoming traffic and now faces these charges as a result of the fatal collision. Section 11-906 of the Illinois Vehicle Code requires vehicles exiting a private drive to yield the right-of-way to oncoming traffic. In addition, Section 703(e) requires motor vehicles to not drive "unnecessarily close to, toward, or near a bicyclist." Beyond the statutory principles, it is a well known principle to "check both ways" and keep a proper lookout when entering into traffic.
 
This tragic collision could also be the bases of a civil case brought by the family of Jose Romero. Under Illinois law, the family of a person who dies as a result of alleged negligence can bring a case under the Wrongful Death Act and the Survival Act. The Wrongful Death Act allows the family to make a claim for the loss of the family member and everything that family member provided to them, including the loss of their presence in their lives. Under the Survival Act the family may make a claim for the material losses such as medical bills and the pain and suffering the family member experienced prior to their death.

Outside of the law, anytime a person's life is lost as the result of a collision of this nature, it is a great loss and tragedy. Our thoughts and prayers are with the friends and family of Jose Romero.

5 Questions to Ask a Bike Lawyer After a Bicycle Accident

As an Illinois bicycle attorney that handles a large caseload of personal injury cases that stem from bicycle crashes or collisions, I'm asked a large variety of questions by clients. I often tell clients about the questions I would ask if I was "on the other side of the desk" and looking for an attorney to represent me. 

Here are the 5 Questions I would ask an attorney before retaining them in a personal injury case stemming from a bicycle accident:

1. How long have you been practicing in the field of personal injury law? The attorneys at Keating Law Offices have years of experience handling personal injury cases, specifically bicycle-related cases. No two cases are the same, and having a wealth of experience to rely on is often the key to a successful resolution to a case.
2. If necessary, are you prepared to take my case to trial? Many attorneys who hold themselves out as "trial lawyers" rarely, if ever, take their cases to trial. Attorney Mike Keating has repeatedly been named a "Rising Star" by Illinois Super Lawyers and Chicago magazines and also named to the "Top 40 Under 40" list of top young trial attorneys for his record of winning at trial. He also is the Chair of the Bicycle Litigation Comittee for the national trial lawyers organization.
3. Are you familiar with the traffic laws for bicyclists? In the past few years Illinois and many of the municipalities, especially the City of Chicago, have enacted new laws that directly impact bicyclists. Attorney Mike Keating has directly lobbied local and state governments as an advocate for bicyclists' rights. As a member of the Illinois Trial Lawyers' Associations' Legislative Committe, Attorney Keating ensured that there is always a voice for injured cyclists within the organization.
4. Do you specialize in personal injury? Again, while many attorneys may work on some personal injury cases, the attorneys at Keating Law Offices only work on personal injury cases and regularly participate in the litigation of our cases in courtrooms throughout Illinois.
5. Do you ride a bike? What may sound like a silly question is actually very important. Only riders know what it feels like to ride in a crowded urban or suburban environment. An understanding of the "ins and outs" of bike riding can make the difference in successfully handling a case. This question can also let you know whether the attorney is sincere about advocating for bicyclists' rights.

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.

Illinois Bicycle Lawyers to Represent Victim of Hit-and-Run with Taxicab Tied to Long History of Legal Problems

The Illinois Bicycle Lawyers at the Keating Law Offices have been retained to represent a Chicago bicyclist who was injured in a hit-and-run bicycle accident with a taxi cab in River North. 

The bicyclist was in the left-turn lane on eastbound West Kinsie Street at its intersection with North LaSalle Street, waiting for the light to turn green in order to make a left onto northbound North LaSalle. This section of Kinzie Street includes marked "bicycle sharrows" and is just east of the protected bike lane. 

When the light turned green, a taxi cab behind the bicyclist attempted to beat oncoming traffic by passing the bicyclist and making a left turn onto northbound North LaSalle. As it turned onto LaSalle Street, the taxi cab driver hit the bicyclist with the passenger side of his cab, causing the bicyclist to crash onto the pavement. The taxi cab driver never stopped and instead proceeded to drive away in the northbound lane of North LaSalle. 

Fortunately, an eyewitness was able to take a picture of the taxi cab and identify it by its cab number. Each taxi cab has an individual number assigned to it. The injured bicyclist came to the Illinois Bicycle Lawyers at Keating Law Offices for legal advice. The firm immediately sent out a Freedem of Information Act (FOIA) request to the City of Chicago's Department of Business Affairs and Consumer Protection asking for the City to turn over everything within the public record related to this taxi cab's number. 

Shockingly, this was not the first time this taxi cab was associated with a legal problem. The FOIA request lead to the discovery of many reports to the City of Chicago about reckless driving and dangerous behavior dating all the way back to 2006. A complaint from one set of passengers alleged that the taxi driver ran multiple stop signs, a red light, and almost caused an accident while they were in the cab. The passengers were so fearful that they requested to be let out before reaching their intended destination. Another report from a Chicago motorist driving alongside the cab noted driving so erratic that he wondered whether the taxicab driver’s faculties were impaired at the time. Perhaps most shockingly, a complaint against the taxi driver for physical assault was filed in 2008. One morning, while waiting in the cab area at Union Station, the taxi driver got into a fight with another taxi driver, punching him twice in the face. Most recently, in February of 2013, the City of Chicago impounded the taxi cab in question for twenty days pending an investigation and court proceedings against it in Park Ridge, Illinois. Details of the matter in Park Ridge were not detailed in the City of Chicago's files.

While the extreme allegations against the driver or drivers of this specific taxi cab were unusual, unfortunately hit-and-run collisions with bicyclists are not. According to the City of Chicago’s Bicycle Crash Analysis, 25% of all bicycle crashes in 2012 were classified as hit-and-runs. Further, approximately 55% of bicycle crashes resulting in injury occurred at intersections and approximately 1-in-12 crashes involved taxis. As a result of the collision at issue, this bicyclist sustained injuries to his back and tailbone, as well as damage to his bicycle and helmet. He works as a bike messenger and missed work following the accident. He is now receiving follow-up care.

The Illinois Bicycle Lawyers at Keating Law Office not only take our responsibility to our client that was injured in this collision very seriously, but also our responsibility to the public at large. We are ensuring that this most recent event is reported to the Department of Business Affairs and Consumer Protection and that a bright light is shined on the behavior of the driver or drivers of this taxicab.

Village of Glenview to Install 3 New Bike Paths

The Village of Glenview has announced the construction of three new bicycle and pedestrian paths in the northern suburb. The largest of the projects is a 2-mile, off-road bicycle and pedestrian path not set to be completed until 2016. However, residents of Glenview can look forward to the construction of two smaller trails this calendar year. The first project, which starts in the summer, is a trail stretching roughly 0.75 miles to connect Glenbrook South High School with The Glen. The second project starts in the fall, and will include about 0.50 miles of new pathway to connect two existing trails in the Village.

Construction on these new trails is funded by over $1 million in grants awarded to Glenview by the Illinois Transportation Enhancement Program. The trails will be a key part of Bike Glenview, a village-wide initiative launched last spring to promote bicycling in the village. The bike trails will also be a major factor in the implementation of Glenview’s comprehensive Bike and Sidewalk master plan, which was initially passed in 2007 and pledges to add 50 miles of bike and sidewalk paths in and around the village by the year 2030.

The Illinois Bicycle Lawyers at Keating Law Offices fully support the development of bicycle trails and bicycle paths throughout the Chicagoland area. Separate, designated bike trails and paths provide a safe and convenient alternative to street transportation, which will reduce the risk factors that lead to bicycle accidents in Glenview. It is also a particularly positive development that Glenview, an area that has faced criticism for being designed around the use of automobiles, to take ownership of the planning and include infrastructure developments specific to bicycles and pedestrians. Glenview's commitment to active transportation demonstrates that an overall commitment to the health and safety of its residents can lead to not only safer streets, but areas that are more attractive to area residents and visitors.