Attorney Michael Keating Appears On WGN News To Discuss Dennis's Law And Illinois Bicycle Laws

Attorney Michael Keating of Keating Law Offices discussed the recent change to Illinois bicycle laws with the signing of "Dennis's Law." He appeared live on WGN Morning News in a segment to discuss why this bicycle law is important to all Illinois bicyclists. 

On August 12, 2015 Illinois Governor Bruce Rauner signed into law House Bill 5912 that clarifies that bicycles are “vehicles” under the Illinois Vehicle Code and that motorists must provide the right-of-way to bicyclists in the same manner as motor vehicles. The is known as “Dennis’s Law” after Illinois bicyclist Dennis Jurs who was killed in a collision with a motor vehicle on May 18, 2015 in Hampshire, Illinois. 

"Dennis's Law" was also the subject of news articles by WTTW, the Chicagoist and the Chicago Daily Law Bulletin in which Michael Keating was interviewed regarding the new law and his role in drafting the legislation. 

Why The New Illinois Bicycle Law, "Dennis' Law," Is Important For All Bicyclists

Dennis Jurs

On Friday, August 12, 2016 a new Illinois law was signed into law that clarified that Illinois bicyclists are to receive all the same rights in traffic situations involving the right-of-way as the drivers of motor vehicles. Previous to this change, there was a conflict as to whether a bicycle was considered a “vehicle” under Illinois law and was therefore entitled to the right-of-way between vehicles. Since the prior right-of-way laws in Illinois referenced “vehicles” there was an issue as to whether the right-of-way laws explicitly applied to bicyclists. 

New Bicycle Law Provides Clarity To Existing Laws

This change in Illinois bicycle law makes it absolutely clear that bicycles are “vehicles” as defined in the Illinois Vehicle Code and that motorists must provide the right-of-way to bicycles when the bicyclist is entitled to the right-of-way. The new bicycle law will go into effect on January 1, 2017.  

New Law Sought After Traffic Ticket Dismissed

This change was sought after an October of 2015 ruling in which a Kane County judge dismissed a traffic citation against a driver for failing to yield the right-of-way to an oncoming bicyclist. The judge ruled that the right-of-way laws in the Illinois Vehicle Code did not apply to bicyclists. The traffic citation at issue was related to the fatal May 18, 2015 collision between the motorist and Dennis E. Jurs of Hampshire. This collision resulted in the death of Mr. Jurs. The judge cited non-traffic related cases that held that a bicycle was not a “vehicle” under certain legal definitions. The judge then dismissed the charges against the motorist involved in the fatal collision.

The family of Dennis E. Jurs brought the issue of this lack of clarity in the law to the attention of State Representative Anna Moeller. Attorney Michael S. Keating of Keating Law Offices in Chicago, Illinois, who represents the Estate of Dennis E. Jurs in the civil case related to the crash along with co-counsel F. John Steffen of Steffen & Kelly, P.C. in Elgin, Illinois, helped draft the legislation. State Representative Moeller sponsored “Dennis’s Law” which passed through both the Illinois House of Representative and the Illinois State Senate with only one vote against it and 164 votes in favor of the change.

Dennis's Law Also Honors The Life Of The Late Dennis Jurs

Dennis E. Jurs was an extremely experienced 68-years old bicycle rider at the time of his death. Mr. Jurs was a United States Army veteran who served in Vietnam where he was injured by a land mine. Mr. Jurs thereafter became very active in cycling in Illinois. He took up cycling at 30 years of age as a way to rehabilitate the leg injuries he suffered while serving in Vietnam. Mr. Jurs was a member of the Illinois-based bicycle racing team, Team MACK, and was an organizer for years of the well-known Four Bridges Bicycle Race in Elgin, Illinois. 

Chicago Bicyclist Killed in Hit-and-Run By Cargo Van Driver on West Side

Photo from ChicagoTribune.com

A Chicago bicyclist was killed in a hit-and-run collision in the West Garfield Park neighborhood on Chicago's West Side late Wednesday night. The bicyclist was riding along the 4000 west block of Maypole Avenue when he was struck by a white cargo van. The driver of the cargo van then fled west on Maypole.

Surveillance footage posted by the Chicago Tribune shows a white cargo van with the letter "A" prominently displayed and the phone number 312-763-3191. Anyone with information can contact police at 312-745-4521.

The bicyclist was taken to Stroger Hospital where he succumbed to his injuries. Our thoughts and prayers are with the family and friends of this bicyclist. This is the second bicyclist killed in a collision with a motor vehicle in Chicago in the past week.

Drivers in Illinois who are involved in a crash are legally required 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. 

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."

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)."

There is no reasonable excuse for a hit-and-run. Illinois law provides reasonable requirements for drivers who have been involved in a crash to stay involved. Even in instances where the driver is injured, there is still a window of time to legally report the crash. 

Details Emerge In Fatal Bike Crash On Milwaukee Avenue

The young bicyclist involved in the fatal crash on Milwaukee Avenue has been identified as Lisa Kuivinen, a native of Rolling Meadows who was studying fine arts at the School of the Art Institute of Chicago. Journalist Kelly Bauer of DNAInfo.com has written a beautiful article honoring the vibrant life of Lisa Kuivinen. Please take the time to read about this young life. Our thoughts and prayers are with the family and friend of Lisa. 

According to the Chicago Tribune, charges have been filed against the driver of the semi-truck that struck and killed 20-year old Lisa Kuivinen while Lisa was riding in the bike lane on Milwaukee Avenue has been issued two citations. The 37-year old driver of the truck was issued traffic citations for driving in the bike and for failure to use due care while driving near a bicycle in the roadway.

Both of these violations are based on the Chicago Municipal Code. Section 9-40-060 of the Code states:

"Driving, standing or parking on bicycle paths or lanes prohibited -The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane."

Section 9-40-160 of the Code explicitly addresses the need for all motorists to use due care in the vicinity of bicyclists. Similar language is found in Section 11-1003.1 of the Illinois Motor Vehicle Code. The Code states:

"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 and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway."

According to reports, a court date is set for September. At the court date the driver will have the option of pleading guilty or not guilty and deciding whether or not to proceed with a trial. There have been no reports of any additional charges other than these two moving violations. 

Attorney Michael Keating Addresses National Trial Lawyer's Meeting On State of Bicycle Law

Attorney Michael S. Keating of Keating Law Offices

Keating Law Offices, P.C. attorney Michael Keating was a featured speaker at this summer's annual convention of the American Association for Justice (AAJ). AAJ is the nation's largest trial lawyers organization. Formerly known as the Association of Trial Lawyers of America, AAJ is one of the most prominent advocacy organizations in the United States. Mr. Keating has also served as the Chair of the AAJ Bicycle Litigation Committee for the three years.

Faculty for National Trial Lawyers Convention

Mr. Keating's presentation was a part of the Continuing Legal Education programs offered by AAJ at its annual conventions. As a member of the AAJ Faculty, Mr. Keating presenting a program entitled, "Why Bike Crash Cases Are Different Than Motor Vehicle Cases." The program focused on how bicycle crash cases must be treated differently because of the differences in laws and how bicycles are used. Not only are there specific laws that only apply to bicycles, but in many instances bicycles are used on bicycle-specific infrastructures such as bike lanes and bike paths. The goal of the program was to educate fellow trial lawyers throughout the United States regarding the emerging issues related to bicycle crash cases. 

National Leaders in Bicycle Crash Litigation

This presentation was a part of the firm's commitment to advocating for the recognition of bicycle specific litigation as a common and necessary part of the law. Earlier this year Mr. Keating had two legal journal articles published regarding bicycle law. The article "Bicycling In An Automobile's World" was published in Trial magazine. The second article entitled "The Wheels of Change Keep Turning: Why the Popularity of Bicycling In Illinois Has Rendered Illinois Law Irrelevant" was published in the Summer 2016 edition of Trial Journal.

Chicago Bicyclist Dies After Collision With Semi-Truck In Milwaukee Bike Lane

Milwaukee Avenue at Racine

A 20-year old Chicago bicyclist has lost their life as a result of a collision with a semi-truck that took place on the Milwaukee Avenue bike lane. According to reports, the collision took place in the southbound lane of Milwaukee Avenue near its intersection with Racine. The collision occurred at approximately 8:15 a.m., in the middle of rush hour. 

This intersection is in Chicago's River West neighborhood and is passed by thousands of bicyclists every day. This section of the Milwaukee bike lane is not part of the protected Milwaukee bike lane where there are bollards and space between the bike lane and the southbound lane for motor vehicle traffic. At this location both motor vehicle and bicycle traffic run parallel to one another. 

Chicago Bicycle Law Prohibits Driving Motor Vehicles on Bike Lane

However, the bicycle lane is clearly marked in bright green and is clearly marked for bicycle traffic only. Chicago law provides that the operators of motor vehicles may not drive on a bike lane. The purpose of this law is to provide safe and reliable routes of travel for bicyclists. In Chicago, the Milwaukee bike lane is well known and immediately recognized as a key route for bicyclists. Here is the section of the Chicago Municipal Code providing that bike lanes are only for bicyclists: 

9-40-060- Driving, standing or parking on bicycle paths or lanes prohibited -The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane. 

Certain State and Federal Laws Address Duties of Truck Drivers

Since the vehicle involved was a semi-truck, there are specific rules and regulation that apply to the drivers of these vehicles. The drivers of these trucks are expected to be professionals and drive with the utmost care. These rules and regulations exist not just in state and local laws, but also in federal regulations. 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.

Right Hook Crashes Are Prohibited by Chicago Bicycle Laws

The report from ABC 7 implies that this may have been a "right hook" crash where the driver turned right across the path of the bicyclist. 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.” 

According to Alisa Hauser of DNAInfo.com, there are charges pending against the driver of the semi-truck involved in the collision. A witness to the crash relayed to the journalist that the bicyclist and the road bicycle were under the cab of the truck. This would tend to indicate that the bicyclist was run over given the placement of the two vehicles. It is unclear, however, exactly what direction the semi-truck was travelling at the moment of impact. 

In the end, another Chicago bicyclist has lost their life in a crash with a motor vehicle. This is a tragic loss of a young life. Our sincere thoughts and prayers are with the family and friends of the cyclist. 

Edit: The victim of the crash, Lisa Kuivinan identified as non-binary and preferred gender-neutral pronouns. This post has been edited.