The motorist had a duty to yield the right of way prior to the crash. This failure to yield was a clear violation of the Illinois Rules of the Road. Section 11-902 of the Rules of the Road states, that “the driver of a vehicle intending to turn to the left within an intersection” is required to yield the right-of-way to any bicyclist approaching from the opposite direction “which is so close as to constitute an immediate hazard.” In plain English, this means that if a vehicle (motor or bicycle) is approaching, that a vehicle turning left from the opposite direction MUST yield the right of way until the oncoming vehicle has cleared the intersection.
As a result of this crash the bicyclist was ejected from his bike and landed on the hood of the motorist’s vehicle before being thrown head first onto the pavement. Upon impact, his helmet was shattered, and he suffered excruciating pain in his left shoulder, right knee, and back. Overall, the motorist’s failure to yield the right-of-way resulted in the bicyclist sustaining serious injuries, requiring extensive medical treatment and physical therapy, incurring lost wages, enduring considerable pain and suffering, as well as a loss of a normal life.
As we have mentioned in previous blog posts, “loss of a normal life” is a compensable damage under Illinois law that is defined as “the temporary or permanent diminished ability to enjoy life,” and “includes a person’s inability to pursue the pleasurable aspects of life.” As a result of the motorist’s failure to yield the right-of-way, the bicyclist suffered very significant loss of a normal life. He could not return to work and was unable to complete even routine activities, such as sleeping, without feeling significant pain and discomfort.
Because of the bicyclist’s loss of a normal life, loss of wages, and severe injuries, he rightfully received a settlement for his medical expenses, as well as receiving just compensation for the property damage to his bicycle, helmet, equipment, and gear.
Keating Law Offices is the premiere law firm in Illinois that focuses its practice on representing victims of bicycle accidents in Illinois. The firm has recovered literally millions of dollars on behalf of its clients.
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.
