The motorist caused the collision when she attempted to accelerate past the bike messenger as both traveled southbound on Lakewood Avenue in Chicago’s Lakeview neighborhood. The record in the case indicated that the motorist struck the bicyclist’s rear tire at approximately 25 to 30 miles per hour and ejected her forward. The bike messenger was violently thrown off her bicycle and onto the pavement of Lakewood Avenue due to the force of the impact. Due to the severity and speed of the crash, the bike messenger suffered fractures of her radius and ulna bones in her right arm at the wrist, as well as shredded her tendons. She also smacked her forehead on the pavement as she crash-landed.
The Chicago Police Department ticketed the motorist for her failure to exercise due care because she collided with the bicyclist in the roadway. It was a clear violation of Section 9-40-160 of the Chicago Municipal Code, which affords bicyclists the same rights as motorists on the road.
Chicago Bicycle Laws Provide Bicyclists Protection On City Streets
Motorists must be aware of bicyclists on the road at all times and a failure to “not see the bicyclist” until it is too late is no excuse. Section 9-40-160 of the Chicago Municipal Code provides the following protection to bicyclists on the roadway:
"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 or animal power, upon any roadway, and shall give warning by sounding the horn when necessary…"Chicago Bicycle Lawyers Successfully Resolve Case After Filing Lawsuit
Despite the Chicago Police Department finding the motorist at-fault and the ruling of a Cook County Traffic Court judge determining the motorist was guilty for a failure to exercise due care in this collision, the insurance company for the motorist refused to offer any money in settlement when negotiations first began. The claim by the motorist was that the bicyclist pulled in front of the motorist and the crash was not only unavoidable, but actually the bicyclist's fault. The insurance company for the motorist believed the bicyclist was at-fault because they claimed that and offered nothing prior to the Illinois Bicycle Lawyers at Keating Law Offices filing a lawsuit against the motorist in the Circuit Court of Cook County.
After filing suit on behalf of this injured bike messenger and six months of contested litigation, the Illinois Bicycle Lawyers at Keating Law Offices were successful in obtaining the insurance policy limits for the injured bike messenger – $100,000.00 – in settlement.
Bicycle Crash Lawyers
If you have been injured in a bicycle accident, it is important that your get as much information as possible right away regarding your legal options. Keating Law Offices is the premier personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois.
If you have any questions regarding this post or have a question regarding personal injury law, please contact Illinois Bicycle Attorney Mike Keating at 312-239-6787 (Office) or 312-208-7702 (Nights/Weekends). Our staff and operators are available around the clock. You can also email Mike@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.
