Illinois Bicycle Lawyers at Keating Law Offices Sponsor Prairie State Cycling Series

The Illinois Bicycle Lawyers at Keating Law Offices are again sponsoring the Prairie State Cycling Series (PSCC). The PSCC is brought by the same race promoters as the Tour of America's Dairyland (ToAD) an immensely popular race series every June in locations throughout Wisconsin. Now in its second year, the Prairie State Cycling Series continues to experience incredible growth in popularity and number of racers. The goal of the promoters is that the PSCC would be a premiere event every July to complement the racing of ToAD every June.

Regarding Keating Law Offices' sponsorship of the PSCC, 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. This is the second year we have sponsored the Prairie State Cycling Series, but our sponsorship of races in Illinois with this group goes back years to when we sponsored the Prairie State Criterium in St. Charles in 2012. 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."

 Here is a listing of all of the races in the Prairie State Cycling Series along with links to each race.

• July 18th - Vista Health System Waukegan Criterium
• July 19th - Northwestern Medicine Lake Bluff Criterium
• July 20th - Tour de Crystal Lake
• July 23rd - Willow Springs Road Race
• July 24th - 12th Annual Beverly Hills Cycling Classic
• July 25th - Superior Ambulance Elmhurst Cycling Classic
• July 26th - Chicago Criterium
• July 27th - Downers Grove Criterium

Attorney Mike Keating and other members of Keating Law Offices will be at each race cheering on the riders. Please say hello if you are at the races. This is a very exciting time for bicycling in Illinois. The popularity of the Prairie State Cycling Series reflects the growth in the popularity of bicycling in Illinois whether it be recreational riding for fun or exercise, commuting by bicycle, or competitive bicycling.

Keating Law Offices is the premiere law firm in Illinois that represents victims of bicycle accidents and crashes. Attorney Michael S. Keating is the Chair of the Bicycle Litigation Committee for the National Trial Lawyers Associaiton, the American Association for Justice. The firm is nationally renowned for its experience in handling cases stemming from injuries or wrongful deaths as a result of collisions with motor vehicles.

Chicago Bicyclist Killed in Fatal Crash Near North Branch Trail in Niles is Identified

View of westbound Howard Street at the North Branch Trail.

The identity of a North Side bicyclist killed in a bicycle crash with a Mazda Miata has been identified as 39 year old Jeremy Ghisols of North Mulligan Street in Chicago.  The fatal crash occurred last week in Niles near the intersection of the North Branch Trail and Howard Street. At that location, the North Branch Trail runs in a direct North-South direction and Howard Street is a major East-West arterial street.

According to reports, police are still investigating the exact conditions and actions that may have caused  the fatal bicycle accident on July 9th. Niles police have indicated that the bicyclist may have "veered" off the path and was struck by a westbound Mazda. However, "veered" is an interesting verb choice given that the North Branch Trail path runs directly across Howard Street. Most bicyclists on the path therefore cross directly across the trail in a straight line. "To veer" is to change direction suddenly which would be an unusual action for a bicyclist traveling on the North Branch Trail across Howard Street.

However, no other details are available as of yet and no traffic citations have been issued. As of Monday morning, the investigation into the crash by the Niles police department remained ongoing. Niles itself had previously identified this location as one where improvements such as flashing beacons, signage and striping for a crosswalk could be implemented as a part of its multi-modal traffic plan to improve safety for pedestrians and cyclists. The ability of Niles to implement these improvements is reportedly based on obtaining additional funding from the Regional Transportation Authority.

Our thoughts and prayers are with everyone affected by this tragic event, especially the family and friends of Jeremy Ghisols.

What Are The Legal Responsibilities Of A Motorist Who Causes A Bike Crash in Illinois?

Unfortunately, many of the cases we handle involve bicyclists who were not only injured, but the driver then fled the scene of the crash. As the old expression goes, this is literally adding "insult to injury." Obviously, the decent, moral thing to do is for a motorist to put aside their legal or other practical concerns and tend to the injured bicyclist. Yet this often isn't the case. Hit-and-run collisions are a very real and very common issue for bicyclists in Illinois and nationwide. The National Highway Traffic Administration reports a 14% increase in fatal hit-and-run crashes between 2009 and 2011. The reality is drivers flee the scene for any number of reasons: legal concerns, fear of being financial responsible, or even basic fear and panic.
 
No reasonable person would defend a motorist fleeing the scene. It is wrong. A hit-and-run places the wrongdoer's immediate selfish concerns above the potentially serious injuries sustained by the bicyclist in the crash. But moral issues aside, what are the legal requirements in Illinois for a motorist who causes a bicycle crash?

Section 11-401(a) of the Illinois Vehicle Code provides the groundwork for the motorist:

"The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled."

Section 11-403 of the Illinois Motor Vehicle Code more specifically lays out the requirements any such motorist must fulfill before leaving the scene of a collision that leads to personal injuries:

"The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with an shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to the physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person."

In summary, any motorist involved in a motor vehicle vs. bicycle collision in Illinois resulting in personal injuries has a legal responsibility to:

1) Stay at the scene of the crash long enough to provide the injured party with their information; and

2) If necessary or if requested to arrange for medical care for the injured bicyclist.
 
Rather interestingly, in 2011 the law regarding hit-and-runs in Illinois was amended to allow the motorist to avoid prosecution for the hit-and-run by notifying the authorities within a half hour of the accident or within a half hour of being discharged from the hospital for an injury or incapacitation suffered in the accident. Section 11-401(b) provides as follows:

"Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of (staying at scene requirements)."

The bottom line is there is no excuse for a motorist to flee the scene of a bicycle crash. At worst, a bicyclist may be literally left to die at the scene of the crash. At a minimum, a person who needs help may ironically need the motorist's assistance in that moment. Even if there is that moment of fear or panic, Illinois law provides a half hour for the motorist to right the wrong without any penalty.

If you have any questions regarding this post or an issue involving Illinois personal injury law, contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights and Weekends) or via email at 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 Importance of Uninsured Motorist Coverage: Victim of Hit-and-Run in Chicago Receives Maximum Insurance Settlement

Many bicyclists fear they would be the victim of a hit-and-run bicycle accident and would find themselves not only the victim of the crash, but also without any way to be compensated for injuries that were not their fault. A recent settlement on behalf of an injured bicyclist by the Illinois Bicycle Lawyers at Keating Law Offices shows the critical importance of Uninsured Motorist Coverage in preventing this scenario from happening and adding "insult to injury" for an injured bicyclist.

The attorneys were recently able to attain a six-figure settlement on behalf of a Chicago bicyclist who was seriously injured in a hit-and-run accident involving a motor vehicle in downtown Chicago. This settlement reflected the maximum amount of the applicable Uninsured Motorist insurance policy.

This particular case reflects the importance of Uninsured Motorist Coverage. Last September, the bicyclist was struck from behind by a motor vehicle that was traveling eastbound on the same street as the bicyclist in Chicago. The impact caused the bicyclist to strike the pavement and land directly on his elbow. As a result, he suffered a compound fracture to his elbow that required immediate surgery on the very same day as the crash. Despite the bicyclist’s serious injuries, the motorist immediately fled the scene, never to be identified by authorities.

Uninsured Motorist Coverage is insurance that can be purchased through an insurance company that protects a person even if the other person who caused the accident did not have insurance. Some estimates place the number of uninsured drivers in Illinois at one in five drivers. The exact number is difficult to track due to the fact that some drivers not only do not have insurance, but do not even have licenses. There is a similar and related type of insurance called Underinsured Motorist Coverage, which provides additional insurance coverage when the at-fault driver did not have enough insurance.

Due to the fact that the driver in this case fled the scene, it was not difficult to determine that the motorist was "uninsured," simple logic dictates that there can be no insurance for an unknown individual. Fortunately, the bicyclist carried  the Uninsured Motorist Coverage and a claim could be placed with that insurance company. It is important to note that even though the Uninsured Motorist claim is placed with the injured persons own insurance company, there is no guarantee that the insurance company will treat the injured individual any different than any other "claimant." Insurance companies make money by collecting more in premiums than they pay out in claims. "A claim is a claim" to many insurance companies and unfortunately there is a fight to obtain a fair resolution under the terms of the insurance policy.

If you carry auto insurance, you can check the amount of Underinsured or Uninsured Motorist Coverage you carry by checking your "Declarations Page" if you have it, by checking an insurance account with online access, or simply calling your broker. If you do not carry auto insurance, you can always ask a friend or family member to add you as an "insured" under their policy for this purpose.

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 (Office) or  (312) 208-7702 (Nights or Weekends) or email at MKeating@KeatingLegal.com, 24 hours a day, 7 days a week. All e-mails and phone calls will be promptly returned, and all initial consultations are confidential and free.

Details Emerge in Barbie Eno Case

Stock Image of Kenworth W900 Cement Truck

The Chicago Sun-Times has reported additional details regarding the circumstances surrounding the death of 28-year old Barbie Eno of the Portage Park neighborhood. According to the report, based on the position of the Kenworth W900 truck and Barbie Eno's bicycle after the collision, both vehicles were traveling northbound on Cicero Avenue towards Belmont Avenue. Other reports indicated that the Kenworth W900 truck was a "concrete truck," meaning that the truck was pulling a concrete mixer as opposed to a trailer.

Northbound Cicero Avenue at Belmont Avenue

The Sun-Times article further indicates that the driver of the truck did not see the bicyclist prior to impact and only stopped when he noticed people waiving at him. A driver of a tractor truck like the Kenworth W900 is required to adhere to all of the applicable rules of the road, such as the Chicago Municipal Code and the Illinois Vehicle Code, and also to Federal requirements. These requirements provide that 1) the driver of a cement truck like this should "keep a proper lookout" for bicycles but 2) to not turn right until it is safe to do so. It is axiomatic that if a vehicle is "clear" to turn, that a bicycle crash cannot occur.

Here are some of the key laws that apply to a bicycle crash of this nature:

• 49 C.F.R. Section 383.111 of the Code of Federal Regulations requires a professional driver to recognize and avoid potential hazards at all times around a turning tractor truck. 
•  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.
• Section 9-16-020 of the Municipal Code of Chicago specifically provides that a motor vehicle should not turn right across the path of a bicyclist traveling in the same direction until it is "clear" and safe to make the turn. This is known as a "right hook."

DNAInfo Chicago provided a very thoughtful article on Barbie Eno that also contains service information.

Our thoughts and prayers remain with Barbie Eno's family and friends. God bless all of you at this difficult time.

Bicyclist Tragically Killed by Turning Truck Identified as Portage Park Native Barbie Eno

Northbound Cicero Avenue approaching Belmont Avenue in Chicago, IL.

On Thursday morning 28-year old Barbie Eno was riding her bicycle on northbound Cicero Avenue on her way back from the Secretary of State's Office where she was issued a new I.D. card. As she was riding along Cicero Avenue towards Belmont Avenue a cement truck was also driving northbound. As both the bicycle and the cement truck approached Belmont, the cement truck turned right onto Belmont Avenue and came across the bicyclist's path and into contact with Barbie on her bicycle. As a result of this collision, Barbie sustained multiple injuries that claimed her life.

DNAInfo Chicago has published an excellent article about Barbie Eno. In a tragic twist of irony, this bicycle accident took place just feet from the apartment in Portage Park where Barbie lived as a child. Barbie lived nearby on Addison Street near its intersection with Cicero Avenue and was known for her colorful tattoos, love of her cats, her devotion to her sister's three children, and her joy riding her bike. The article quotes Barbie's sister, Chrissy, as saying that she loved to ride her bike and rode it everywhere in the city.

Details regarding the Chicago Police Department's investigation into this matter remain unclear. Nonetheless, based on the positions of the cement truck and the bicycle prior to the collision, and the report that the truck was turning right onto Belmont, it would appear that this collision is what is known as a "right hook" bicycle crash. A "right hook" crash occurs when a turning vehicle travels directly across the path of a bicyclist and causes a collision between the turning motor vehicle and the bicycle.

Chicago law explicitly prohibits "right hooks" by turning vehicles. Section 9-16-020 of the Municipal Code of Chicago specifically addresses "right hooks." The ordinance states:

“When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.” 

Tragically, Chicago has lost another bicyclist due to a collision with a motor vehicle. As a result, a daughter, a sister, an aunt, and a friend to many is lost. Our thoughts and prayers go out to Barbie Eno's family and friends. 

Chicago Bicyclist Killed in "Right Hook" Crash with Truck on Northwest Side

Intersection of North Cicero Avenue approaching Belmont Avenue where a 28-year old Chicago bicyclist was killed in a collision with a truck on Thursday morning.

 A 28-year old Chicago bicyclist was killed after a industrial truck "clipped" her bicycle while she was riding north on Cicero Avenue near Belmont Avenue. The bicyclist has been identified as 28-year old Barbara Eno who lived on Addison Street not far from the site of the collision. According to reports the truck, described as a large semi-tractor trailer or dump truck, was also traveling northbound on Cicero and was attempting to turn east onto Belmont when the truck came into contact with the bicyclist and she was severely injured. The bicyclist was taken by ambulance where she was pronounced dead at 11:31 a.m. Thursday morning.

As of the time of the publishing of the DNAInfo article, no tickets had been issued to the driver and the article suggests that an investigation was ongoing. However, based on the information from the report the collision occurred when the bicyclist was riding to the right of the truck and was struck by the truck as the driver turned to the right across the path of the oncoming bicyclist. This type of collision is known as a “right hook” bicycle accident.

Section 9-16-020 of the Municipal Code of Chicago specifically prohibits right turns in front of bicycles. The ordinance states:

“When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.” 

Given that this was a fatal accident, Chicago Police Department policy is that the Major Accidents Investigation Unit are to conduct a full investigation. More information and details are certain to emerge soon. In the meantime, the family of Barbara Eno have lost a young lady in the prime of her youth. This is a very tragic incident and our thoughts and prayers are with the family at this difficult time.

Evanston Librarian Killed in Crash With Motorcycle

Media outlets are reporting that 55-year old bicyclist Gigi Galich has died as a result of injuries sustained in a collision with a motorcycle on Monday morning in downtown Evanston. According to reports, the bicyclist was riding eastbound in the bike lane on Church Street at the same time that the motorcyclist was riding eastbound on Church Street. The collision occurred when the bicyclist turned out of the bike lane towards the Evanston Public Library where she worked.

The bike lane on Church Street in Evanston at this juncture is a standard bike lane with white painted stripes. The Evanston library is located right in downtown Evanston just south of Northwestern University. Ms. Galich was remembered as a warm and caring librarian who worked with childrens' programs at the library.

Our thoughts and prayers are with Gigi Galich's family and friends as well as everyone affected by this tragic and unfortunate incident.