Illinois May Expand Legal Definition of “Bicycle” — A Potential Victory for Trike and Adaptive Bike Riders

Illinois may be on the verge of a long-overdue and critical update to its traffic laws. Senate Bill 2285, currently pending in the General Assembly, proposes to amend the Illinois Vehicle Code’s definition of a bicycle to include human-powered and low-speed electric vehicles with two or more wheels.

The Active Transportation Alliance is asking Illinois voters to contact their State Senators and ask them to support this bill. Click this link for more information on ATA's efforts. 

This simple but powerful change will expand legal protections for thousands of Illinois cyclists—particularly those who ride adaptive bikes, adult tricycles, and other non-traditional vehicles for recreation, commuting, or mobility.

As a law firm dedicated to bicycle injury cases in Chicago, Keating Law strongly supports this bill. Here’s why it matters—and what it means for your rights on the road.

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📜 What SB2285 Actually Says

Senate Bill 2285 proposes the following amendment to Section 1-106 of the Illinois Vehicle Code (625 ILCS 5/1-106):

Sec. 1-106. Bicycle. Every human-powered device and every low-speed electric bicycle, as defined in Section 1-140.10, with 2 or more wheels not less than 12 inches in diameter, operable pedals, and designated seats for the transportation of one or more persons.

This updated language removes the restrictive “two tandem wheels” phrasing that previously excluded any bicycle with a different wheel configuration—such as side-by-side tandems, tricycles, or handcycles.

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🚲 Why This Matters: Protecting Adaptive and Trike Riders

Under the current Illinois law, bicycles are narrowly defined as vehicles with two tandem wheels. That means:

• Adult tricycles

• Side-by-side tandems

• Adaptive cycles for riders with disabilities

• Low-speed electric trikes
  ...are not technically recognized as bicycles under Illinois law.

As a result, riders of these vehicles may lack the legal right to operate on roads, and more critically, may be denied protections in the event of a crash, including access to insurance coverage and eligibility for legal claims.

With Senate Bill 2285, these riders could finally gain clear legal recognition and be fully protected under Illinois vehicle laws.

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🏙️ Chicago Cyclists Need Modern Legal Protections

As bicycle accident attorneys in Chicago, we’ve represented riders across all types of cycles—many of whom rely on adaptive or three-wheeled bikes due to injury, disability, or mobility issues. Until now, Illinois law has failed to keep up with modern mobility solutions and inclusive transportation.

Senate Bill 2285 will:

• Ensure equal legal treatment for riders using trikes and adaptive bikes

• Clarify rules for motorists, law enforcement, and courts

• Improve safety and access to bike infrastructure

• Support personal injury claims when non-traditional cyclists are injured due to driver negligence

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📈 Illinois Finally Catching Up to Neighboring States

Illinois is currently the only state in the Midwest that narrowly defines a bicycle as a two-wheeled vehicle. States like Indiana, Wisconsin, Michigan, Ohio, and Iowa already include multi-wheeled human-powered vehicles in their definitions of bicycles.

Senate Bill 2285 brings Illinois in line with regional and national standards, and sends a strong message: Illinois supports accessible, active transportation for all.

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⚖️ Injured While Riding an Adaptive or Three-Wheeled Bike? We Can Help.

If you or a loved one has been injured while riding a trike, side-by-side tandem, or other adaptive cycle, your case may involve complex legal questions under current Illinois law. That’s why it’s critical to work with a firm that understands bicycle law inside and out.

At Keating Law, we fight for the rights of all cyclists—not just those on two wheels. We know how to handle insurance disputes, prove liability, and navigate legal gray areas.

Keating Law Sponsors the 2025 Illinois Bike & Walk Summit in Springfield, Illinois

At Keating Law Offices, our commitment to Illinois’ bicycling community goes beyond the courtroom. Attorney Michael Keating, a leading personal injury attorney in Chicago, recently attended the 2025 Illinois Bike & Walk Summit in Springfield, Illinois, hosted by Ride Illinois. The summit brought together advocates, engineers, policymakers, and safety experts to improve biking and walking conditions across the state. Keating Law was proud to serve as a Gold Sponsor of the event. 

Attorney Keating’s attendance reflects his long-standing advocacy for safer streets and stronger legal protections for bicyclists and pedestrians. As the founder of IllinoisBicycleLaw.com and a seasoned bicycle accident lawyer in Illinois, Michael Keating has dedicated his legal career to representing cyclists injured in crashes, often caused by negligent drivers or unsafe road conditions.

The theme of the 2025 summit—“Creating Connected, Livable, Thriving Communities”—aligns with the mission of Keating Law Offices: to protect vulnerable road users and push for systemic changes that make cycling in Illinois safer for everyone.

Keating Law Offices is proud to support the summit and the efforts of Ride Illinois, a nonprofit that has played a crucial role in advancing bike-friendly policies statewide. With offices in Chicago, our firm is honored to help shape the future of bicycle infrastructure and safety through both advocacy and litigation.

If you or a loved one has been injured in a bicycle accident, pedestrian collision, or any form of transportation-related incident, contact the Chicago personal injury lawyers at Keating Law Offices today. We offer free consultations and are committed to fighting for justice on behalf of Illinois cyclists and pedestrians.

Illinois Senate Passes “Stop as Yield” Bill for Cyclists: A Win for Safety and Common Sense

Any cyclist who has ridden through the streets of Chicago or even a suburb or smaller town in Illinois knows that intersections are often the most dangerous part of your route. Now, a new bill moving through Springfield could make those intersections safer and more predictable—not just for cyclists, but for drivers, too. In April, the Illinois Senate passed Senate Bill 2111 that would allow cyclists to treat stop signs as yield signs, giving them the legal ability to proceed without coming to a full stop if the intersection is clear.

As Chicago bicycle accident attorneys, we’ve seen firsthand how outdated traffic laws can create confusion, increase risk, and contribute to serious injuries. That’s why we’re encouraged by this move to align Illinois law with how people already ride—and with proven safety data.

Senate Bill 2111 had a lot of support with 48 "yays" to only 4 "nay" votes on the floor of the Illinois Senate. The bills has moved onto the Illinois House of Representatives where it gained traction picking up Representative Kam Buckner as a sponsor and already being assigned to the Transportation: Vehicles and Safety Committee. 

What the “Stop as Yield” Bill Means for Illinois Cyclists

Introduced by State Sen. Mike Simmons (D-Chicago), this bill would let bicyclists approach a stop sign, slow down to a reasonable speed, and proceed through the intersection if it’s safe—without needing to come to a complete stop. Cyclists would still be legally required to yield to vehicles and pedestrians who have the right of way.

This kind of legislation, already adopted in other states, has shown a 23% decrease in bicycle crash rates, according to Simmons. It’s a practical, evidence-based change that reflects how cycling really works in urban environments like Chicago.

“A vote for this legislation is a vote for safety,” Simmons said. “Not just for those that own bikes, but for those that are driving cars that need a bit more predictability.”

Cyclist Behavior and Legal Responsibility

As any experienced Illinois bicycle injury lawyer will tell you, laws must reflect both safety science and the real-world behavior of road users. Cyclists are more exposed and vulnerable than drivers, and forcing them to come to a full stop at every intersection can actually increase crash risks—especially when drivers don’t anticipate them lingering in the roadway.

By letting cyclists maintain momentum and clear intersections more quickly, this bill could reduce collisions and make streets safer for everyone.

Understanding the Duty of Ordinary Care

Changing this law would essentially be enacting a written law that reflects most cyclists' real world experience. Under Illinois personal injury law, every person, whether on a bike or in a car, must act as a reasonably prudent person would under similar circumstances.That means cyclists must remain alert, yield when necessary, and follow all other applicable traffic laws. The new rule would not give riders a free pass to disregard safety—it simply gives them a legal framework that matches the way most already navigate stop signs responsibly.

As personal injury attorneys in Chicago, we stress this point often: violating your duty of care can hurt your ability to recover damages after a crash. Whether you’re riding in Wicker Park, the Loop, or Lakeview, riding defensively and lawfully protects your rights.

Pushback—and a Reality Check

While the bill has broad support, not all lawmakers are on board. Some, like State Sen. Donald DeWitte (R-West Dundee), worry that drivers won’t understand the change and signage will be insufficient.

But others, even from across the aisle, see the writing on the wall. “Everyone is doing this anyway,” said State Sen. Chapin Rose (R-Mahomet). And he’s not wrong. Cyclists have been treating stop signs as yield signs for decades—not recklessly, but out of practicality. This bill doesn’t introduce chaos; it legitimizes common sense.

Strong Bipartisan Support in the Illinois Senate

The Senate passed the bill with overwhelming bipartisan support in a 48-4 vote. That level of agreement is rare, especially in today’s political climate, and it signals growing recognition of the importance of bike safety laws and cyclist rights across Illinois.

What This Means for Cyclists—and Drivers—in Chicago

If Senate Bill 2111 becomes law, Illinois will join a growing number of states with “Stop as Yield” rules in place. For riders, it offers legal protection for behavior that already reduces accident risk. For drivers, it creates more predictable interactions with bikes on the road.

At Illinois Bicycle Law, part of our mission as Chicago bicycle injury lawyers is to advocate for laws that make our streets safer. We represent clients throughout Illinois who’ve been injured in bike crashes due to negligent or reckless drivers. Legal clarity and consistency help prevent these injuries before they happen.

If you’ve been injured in a bike crash or have questions about how this new legislation could affect your rights as a cyclist, contact our office today. We offer free consultations and are ready to help you understand your options under Illinois personal injury law.

May is Chicago Bike Month! Keating Law Again Sponsors the 2025 Bike Commuter Challenge!

Pedal for Progress: The 2025 Bike Commuter Challenge Sponsored by Keating Law Offices

Keating Law Offices is proud to once again sponsor the 2025 Bike Commuter Challenge, a beloved annual tradition in Chicagoland that combines fun, fitness, and advocacy for safer cycling. This year’s Challenge runs from Tuesday, May 27- Monday, June 23, and we’re inviting everyone in Chicagoland—seasoned cyclists and first-time commuters alike—to join the ride.

Whether you're a daily bike commuter or someone who’s just curious about riding to work, the Bike Commuter Challenge is your opportunity to hop in the saddle, log your miles, and become part of a growing movement for safer, healthier, and more sustainable transportation in Chicago.

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🚴 What is the Bike Commuter Challenge?

The Bike Commuter Challenge is a free, month-long competition where workplaces across the region compete to see whose riders can earn the most points by biking to and from work. The goal is simple: ride your bike, log your trips, and have fun while doing it.

Hosted by the Active Transportation Alliance and proudly powered by Keating Law Offices, the Bike Commuter Challenge encourages Chicagoans to embrace cycling as a practical and enjoyable way to get around the city. Points are earned not just for distance, but for frequency and encouraging others to join—so everyone has a chance to shine.

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📅 Key Dates to Remember:

• 2025 Challenge: Tuesday, May 27- Monday, June 23
  
  Team Captain Training Night: Tuesday, May 13, 6:00pm-7:30pm CST, at 35 E Wacker Dr St.1782 Chicago, IL 60601 or virtually via Zoom. Free chilled Rev Brew products!
  
  Team Captain Registration Opens: Tuesday, May 13, 7:30pm CST.
  
  Participant Registration Opens: Monday, May 19

• Wrap Party: TBA June 2025
  📍 Keating Law Offices, 825 N. Milwaukee Ave.

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🌟 Why Should You Ride?

Besides the bragging rights (and cool prizes), the Bike Commuter Challenge is an opportunity to:

• Build healthy, sustainable habits

• Reduce your carbon footprint

• Bond with coworkers and boost team morale

• Be part of a city-wide movement toward safer streets

• Most importantly: Have fun!

And don’t worry if you’re new to bike commuting—we’ve got plenty of resources to help you get started confidently and comfortably.

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🛡️ Why Keating Law Offices Supports Cycling in Chicago

At Keating Law Offices, we’ve dedicated our legal practice to representing victims of bicycle crashes and fighting for safer streets across Illinois. We believe that biking should be a safe, accessible, and respected form of transportation. Sponsoring the Bike Commuter Challenge is part of our broader commitment to the cycling community and our ongoing mission to protect and empower riders.

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Ready to ride with us?
Form your team, join the Challenge, and let's make 2025 the biggest Bike Commuter Challenge yet!

Stay safe, ride smart, and we’ll see you at the finish line.

Keating Law Offices is the premiere 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.

Chicago's Growing Divvy Bike and E-Scooter Usage: A Shift Towards Sustainable Transport and Safety Concerns

In 2024, Chicago reached a new milestone with over 10 million shared bike and e-scooter trips recorded, reflecting the growing popularity of sustainable transportation. The city has invested in protected bike lane and Divvy station expansion and electrification, building up mobility hubs around key transit connection points, and promoting its Divvy for Everyone Program (D4E) that offers inexpensive annual membership fees and lower per-minute ride fees for members. 

A Rise in Accidents on the Horizon?

It’s clear that more Chicago residents are embracing eco-friendly, convenient transportation. However, increased ridership brings more opportunity for accidents. While the expansion of bike lanes and Divvy stations is a step in the right direction to providing safer infrastructure, it doesn't eliminate the risk of cycling-related injuries. As more cyclists share the road, both riders and drivers must be more vigilant.

In 2024, Keating Law was the focus of a Chicago Sun-Times article on the dangers riders of e-scooters face on Chicago's streets. Although infrastructure improvements like protected bike lanes are essential, they can’t account for all potential hazards—such as distracted driving or unexpected road conditions. Consequently, subpar maintenance of new, safe infrastructure, such as bike lanes, can contribute to bicycle accidents and e-scooter. As cycling and e-scooters become more prevalent in Chicago, it's critical to keep safety top of mind for everyone using the streets.

Understanding the Risks and Legal Protections for Cyclists

For those involved in cycling accidents, it's crucial to understand the legal options available. Whether the accident involves a collision with a car, faulty equipment, or poor road conditions, seeking legal advice can help ensure that victims are properly compensated for medical costs, lost wages, and pain and suffering. The growing number of bike lanes and shared-use paths can mitigate some risks, but the rise in cycling accidents underscores the need for continued attention to safety on the roads. Those involved in a crash should understand their rights and seek guidance to ensure their injuries are compensated appropriately. With the right infrastructure, awareness, and legal protections, Chicago can continue to grow as a cycling-friendly city while minimizing the risks to its residents.

Keating Law Offices Fights for Injured Cyclists in Chicago

If you or a loved one has been injured in a bicycle accident in Chicago, the legal team at Keating Law Offices can help you seek justice and the compensation you deserve. Our attorneys have successfully represented countless injured bicyclists throughout Illinois and the greater Chicago metro area.

We have recovered tens of millions of dollars for our clients, including:

• $1,250,000 for the wrongful death of a suburban bicyclist hit by a vehicle.

• $1,000,000 for a bicyclist severely injured during a training ride.

• $975,000 (pre-trial settlement) for an injured bicyclist hit by a vehicle.

We’re passionate about protecting the rights of Chicago bicyclists, and we’re prepared to fight for the best possible outcome in your case while you focus on your recovery. Give us a call at 833-CALL-KLO or contact us online today for a free consultation to discuss your case and learn how we can help you rebuild your life after a bicycle accident.

eating Law Offices is the premiere 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.

Keating Law's Representation of E-Scooter Victims Profiled by Chicago Sun-Times

Keating Law clients Joseph and Marie were the focus of a Chicago Sun-Times front page article on the risks riders of e-scooters in Chicago face. One of the risks that e-scooter riders face is collisions with distracted and entitled drivers of motor vehicles who do not recognize the increasing presence of e-scooters on the city's roadways. Under the Chicago Municipal Code, e-scooter riders are entitled to the same rights and responsibilities as bicyclists under Chicago law. 

Keating Law client, Marie, provided video of one of her crashes to the Chicago Sun-Times and you can watch the video here. 

Like bicyclists, e-scooter riders are vulnerable users of the roadway and the risk of injury is high. Keating Law founder Mike Keating was quoted in the article on his firm's representation of e-scooter riders. 

Keating Law focuses part of its practice on the representation of vulnerable users of our roadways like pedestrians, bicyclists and, increasingly, e-scooter riders. (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.

What To Do If Injured In A Crash With A Lyft or Uber Rideshare Driver?

Who is Responsible for a Rideshare Collision? 

Uber and Lyft are some of the more common rideshare companies that we come across daily, especially here in Chicago. Whether you are an Uber or Lyft driver or passenger or find yourself sharing the road with an Uber or Lyft vehicle, as another driver, bicyclist or pedestrian, it is important to understand how their services can impact liability in an accident with them.

Uber and Lyft Have Insurance

Illinois requires all drivers to operate a vehicle with a valid policy of insurance. Illinois also mandates that all rideshare companies have insurance in the event of an accident with one of its drivers. Most rideshare companies have at least a $1 million dollar policy of insurance that covers injuries to riders and third parties involved in an accident. There may also be "excess insurance" available under certain circumstances involving very serious personal injury and wrongful death crashes. 

Uber and Lyft also have other policies of insurance for scenarios such as when the driver is on the application but not transporting a passenger and when drivers are enroute to pick up a passenger.

If you are involved in an accident with Uber or Lyft or are a driver for one of these companies, it is important to hire an attorney who is familiar with these nuances as you could be entitled to more compensation.

Illinois Rules of the Road Apply

If you are in a car accident with an Uber or Lyft, the laws and regulations in place that impact liability are the Illinois Vehicle Code and all applicable local ordinances and regulations. Uber and Lyft are not granted statutory protections to shield them from liability. In fact, as of January 1, 2024, Uber and Lyft drivers are held to a heightened standard of care, the common carrier standard, when operating a motor vehicle. This is the same standard that taxicabs, limousines, and buses are subject to.

Under Illinois law, “a common carrier owes its passengers the highest duty of care consistent with the practical operation of its conveyances. It is not a guarantor of its passengers' safety, but it has a duty to its passengers to use the highest degree of care consistent with the mode of conveyance used and the practical operation of its business as a common care by road. Its failure to fulfill this duty is negligence.” Sheffer v. Springfield Airport Authority, 261 Ill. App. 3d 151, 154 (4th Dist. 1994) and Illinois Jury Instruction 100.01.

This new classification of Uber and Lyft drivers makes it easier for those injured in a rideshare accident to receive compensation for their injuries, medical bills, pain and suffering and loss of a normal life and to hold the driver and company responsible for negligent and wrongful acts. Ultimately, the party’s action that violated the Illinois Vehicle Code, such as failing to yield the right of way, disregarding the traffic light or stop sign or discharging a passenger into a bike lane, will be held responsible for the injured party’s damages.

Keating Law Offices Has a History of Prosecuting Rideshare Cases

Keating Law is the premier personal injury law firm representing victims in rideshare accidents. The firm has extensive experience handling cases against rideshare companies like Uber and Lyft and has been a leader in cases filed against these companies and their drivers. The firm has filed more lawsuits against Uber in Cook County than any other law firm 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 Keating Law Offices at 312-239-6787 (Office). Our staff and operators are available around the clock. All messages and phone calls are returned promptly.

Chicago Bicyclist Killed in Collision in North Damen Bike Lane

A 59-year old Chicago bicyclist was killed when the driver of a passing vehicle struck him in the 5100 block of North Damen Avenue in Chicago's Ravenswood neighborhood on Monday night. According to reports, the fatal crash occurred at approximately 8 p.m. This stretch of North Damen Avenue is immediately outside of Amundsen High School and has a clearly marked and designated bike lane.

The bicyclist was riding northbound when he was struck. News reports indicate that the driver of the Volvo motor vehicle was highly intoxicated with a reported .20 blood alcohol level which is two and a half times the legal limit in Illinois of .08.

The Chicago Police Department's Major Accidents Investigation Unit are investigating. Given the location of the crash outside of Amundsen High School there is a strong likelihood that there is video evidence of the crash. Based on the facts as reported, in addition to the issues with intoxication, the driver of the Volvo violated the following sections of the following bicycle laws in the City of Chicago and State of Illinois: 

• Failed to maintain a safe minimum distance of three feet when passing a bicycle, contrary to and in direct violation of 625 ILCS 5/11-703(d);
• Improperly overtook or passed on the left when such movement could not be made without interfering with the safe operation of the vehicle to be overtaken, contrary to and in direct violation of 625 ILCS 5/11-705;
• Operated the vehicle so as to form an unreasonable obstruction to traffic, in violation of Section 9-40-130 of the Municipal Code of Chicago; and
• Operated the vehicle in such a manner and in such a place so as to impede bicycle traffic, traveling in a portion of the roadway marked for the shared use of motor vehicles and bicycles, in violation of Section 9-40-060 of the Municipal Code of Chicago.

The fact that the driver was intoxicated would also be the basis for this to be a "reckless" act and should result in a felony charge by the Cook County State's Attorney's Office. This is based on a provision within the Illinois Vehicle Code (625 ILCS 5/11-703(e) that enhances the penalty for crashes where the bicyclist is seriously injured or killed. Attorney Mike Keating authored legislation that was presented to the Illinois General Assembly to extend the ability of prosecutors to use this law in bicycle crash cases. 

This fatal crash once again raises issues surrounding the lack of a protected bicycle lane as opposed to simply the painted bicycle lane at the location of the crash.

Our most sincere condolences are with the family and friends of the fallen bicyclist. May he rest in peace.

Keating Law Obtains $500,000.00 Settlement for Injured Chicago Cyclist

In the fall of 2020 a Chicago bicyclist went on a ride on a path within a suburban nature area. As the bicyclist was riding along she struck a pole in the middle of the shared path and fell to the ground. The pole was not immediately visible because a sign that was on the pole had fallen off at some point leaving the pole difficult to notice against the trees in the background. The bicyclist suffered fractures to her face and her arm. Keating Law filed a case in the Circuit Court of Cook County and during discovery learned that the entity responsible for the path had no idea when or how the sign fell off and did not make an effort to fix it. 

Attorneys for the entity responsible for the path argued that they had no legal notice of the problem. They also argued that even though the sign fell off, the pole was still "open and obvious." They argued that because no one else had run into the sign, that they were not totally to blame and that the bicyclist should have noticed the pole even if it did not have the sign on it. 

The defense argued that the remaining pole was "open and obvious." The "open and obvious" defense is a common defense used by insurance defense attorneys to try and deflect blame from negligent property owners and deflect it onto injured people. This defense provides that a defendant has no duty to protect against a condition that is both open and obvious. The open and obvious doctrine can be a powerful defense if they can show the court that the defect really was both open and obvious to the bicyclist. 

Keating Law engaged in extensive litigation in the case and hired an expert human factors expert. A human factors expert is someone who can explain how it can be difficult for a person - in this case a bicyclist - to see objects. In this case the human factors expert was able to explain that a dark colored vertical pole amid a background of dark colored vertical trees would be essentially camouflauged and difficult for anyone to notice. After three years of litigation the matter was resolved in a mediation with a retired judge as a trial in the Circuit Court of Cook County was approaching. Prior to the mediation there was no offer at all to resolve the case. 

This settlement will allow the injured bicyclist funds to cover all of their medical treatment, cover their loss of a normal life during their recovery, and help them have a foundation to move forward with their life in the most positive way possible. This was a very deserving client and it was an honor to represent them during this difficult time. 

Teenage Bicyclist In Crosswalk Struck By SUV Driver In Batavia, Illinois

WGN News is reporting that a teenage bicyclist was critically injured when the driver of an SUV struck the bicyclist while he was riding in a crosswalk in the Kane County suburb of Batavia. The collision occurred near South Batavia Avenue and Union Avenue which is just west of the Fox River and the Fox River trail which is a popular trail for Chicagoland bicyclists.

The collision occurred on Wednesday at approximately 2:30 p.m. and apparently occurred while the bicyclist was in a crosswalk. Illinois law is very clear regarding the protections provided to bicyclists crossing in crosswalks. Multiple provisions of the Illinois Vehicle Code require motorists to yield to bicyclists within crosswalks.

Section 5/11-1002(e) of the Illinois Vehicle Code states in part: “Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in Section 11-904 of this Chapter.” The referenced Section 11-904(b) requires drivers approaching a stop sign to come to a complete stop before entering a crosswalk at an intersection and to yield to the right-of-way of any vehicle that has entered the intersection.

Anyone with information is asked to call area detectives at 630-454-2500. The crash remains under investigation by police and the Kane County Accident Reconstruction Team.

Keating Law focuses its practice on the representation of injured bicyclists. The firm has helped many clients in Kane County and is very familiar with the Fox River Valley. The firm can be reached at 312-239-6787 anytime around the clock. The firm may also be reached at Info@KeatingLegal.com or via online chat at www.KeatingLegal.com. 

City of Chicago Stiffens Enforcement for Drivers Blocking Bike Lanes

Chicago's City Council passed legislation that will increase the penalty for parking in the bike lane and provide a platform for more enforcement of drivers blocking the city's bike lanes. 

These recent changes to the Chicago Municipal Code provide that a driver can be fined $250 for stopping or parking in the bike lane. While the Code previously provided for the $250 fine, the prior version required a bicyclist to have been injured as a result of the blocked bike lane. With the amendment anyone blocking the bike lane could face a fine. 

In addition, the amendment provides for immediate towing and extends enforcement power beyond police officers to traffic aides and other individuals designated by the Traffic Compliance Administrator, Commissioner of Transportation, or the Commissioner of Streets and Sanitation.

Keating Law attorney Mike Keating stated:

"These changes to the Chicago Municipal Code are a step in the right direction. On its face, the Code now makes it easier for a police officer to issue a citation and extends the persons like traffic aides who can issue a citation for parking in the bike lane. The real effect, however, will be seen in whether the Chicago Police Department and city officials actually put some bite in their bark. Traffic laws are put into place to create a framework of safety for everyone. When those laws are not enforced we have a breakdown in the fundamental safety of our streets for bicyclists. This evidence in this breakdown is an epidemic of injuries and deaths of cyclists legally riding on our city's streets. A continued path towards change is needed." 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle crashes in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois. The firm's attorneys have been recognized by SuperLawyers, Leading Lawyers, and the National Trial Lawyers. Keating Law has litigated more bicycle crash cases than any other law firm in the state of Illinois. 

Bicyclist's Video Shows Lexus SUV Driver Caused Left Hook Crash on Milwaukee Avenue

A normal commute home via the Milwaukee Avenue bike lane by a local cyclist was cut short when he was the victim of a "left hook" collision. This stretch of Milwaukee Avenue is nicknamed the “Hipster Highway” because of the thousands of bicyclists that ride the bicycle lane in this stretch through Chicago’s popular West Town community on a daily basis. The Milwaukee Avenue bicycle lane is the most heavily travelled and well-known bicycle lane in Chicago.

Despite the video evidence and many key Chicago bike laws directly on point, the combination of the cyclist's severe injuries combined with the driver's insurance companies arguing who was responsible, the case took years to resolve. However, the end result was very favorable to our most deserving client. In this blog post, I wanted to use the unique set up of the Milwaukee Avenue bike lane to show the dangerous interactions between bicyclists and inattentive drivers.

The Milwaukee Avenue bike lane is one of seven “Spoke Routes” that the Chicago Department of Transportation designated as direct bicycle routes in and out of Chicago’s Loop. The Chicago Department of Transportation states that “Spoke Routes” like the Milwaukee Avenue bicycle lane are designed to “provide a safe, continuous bikeway and connect all areas of Chicago with the downtown. The primary goal of the Spoke Route network is to increase bicycle commuting citywide.” If you're interested in learning more about the Spoke Route network, check out “Chicago Streets for Cycling Plan 2020,” Chicago Department of Transportation (2012).

This particular stretch of Milwaukee Avenue between Carpenter Street and Ogden Avenue is particularly cyclist specific as there is a “bike box” at the intersection with Ogden Avenue and Chicago Avenue. The purpose of a “bike box” is for cyclists to be in front of traffic and clearly visible to oncoming traffic. In addition, there is a curb-assist handlebar for cyclists to use to support themselves when standing at the intersection.

The Milwaukee Avenue bike lane on this stretch is what is known as a buffer-protected bike lane. The lane itself is painted bright green to differentiate the bike lane from other lanes and to warn motorists of the presence of cyclists. This buffer-protected bike lane incorporates vertical bollards to the inside of the bicycle lane which physically separates the cyclists from the motor vehicle traffic. In its “Streets for Cycling Plan 2020,” the City of Chicago set specific guidelines for buffer protected bike lanes.

One of the City's goals of buffer protected bike lanes is to improve safety by providing extra separation between bicyclists and motorists. The City's plan highlights that motorists should know to “Use caution when turning across the buffer protected bike lane….” In addition, the City’s guidelines provide that “If a travel lane side buffer is present, it can be used to pass slower bicyclists in the bike lane.” Additional instructions are to “Announce your presence to the slower bicyclists and check over your shoulder for approaching vehicular traffic” and to “Never pass on the right of a slower bicyclist."

As the video from the cyclist's helmet camera shows, the crash occurred when the motorist turned left from southbound Milwaukee Avenue across the path of oncoming northbound traffic including bicyclists in the Milwaukee bicycle lane.

The motorist testified at her deposition that she drove southbound on Ogden Avenue past the intersection of Chicago Avenue and then made a left-hand turn onto Milwaukee Avenue. Unfortunately, even though she was aware of cyclists in the area, she failed to see the cyclist and the crash occurred.

Liability: Who Is At Fault? 

In this case we argued that it was 100% the motorists fault in making a "left hook" across oncoming traffic - including bike traffic. We further argued that this negligence is particularly pronounced given that the driver admitted she knew there was bike traffic in the area and admitted she crossed three different lanes of oncoming traffic. In fact, this crash could have been entirely prevented if the driver either 1) yielded the right-of-way or 2) used the other entrance to the CVS off of Carpenter Street.

The attorneys hired by the insurance companies who insured the driver of the Lexus SUV retained an expert witness to say that it was actually the cyclist who was more than 50% to blame for the crash. In Illinois, if the party presenting a claim for personal injuries is more than 50% liable then the defendants and their insurance companies are not responsible for compensating them for their injuries. It was thus important to provide strong evidence that the driver of the SUV was not just primarily responsible for this crash, but totally at fault as we sincerely concluded. 

Given that this crash occurred at around 5:27 p.m. this was a known time of rush hour, and the traffic lanes and bicycle lanes were full of vehicles. Despite these traffic conditions that were obvious to everyone else on the roadway, the driver turned a massive 2015 Lexus S.U.V. across both the lanes for motor vehicle traffic and the bicycle lane directly in front of the bicyclist. At the time of the crash The bicyclist was approaching on his bicycle with a green light at the intersection ahead. The driver turned left immediately in front of the bicyclist’ path and there was zero chance he (or anyone) could have stopped before impact.

The SUV driver inexplicably testified under oath at her deposition that she was aware of the bike lane, aware it was heavily trafficked by bicyclists, yet she turned across the Milwaukee Avenue bike lane on which The bicyclist was clearly oncoming. She also could not explain why she did not see The bicyclist even though the intersection is very well lit, and she was aware of other bicyclists. In simple terms, there is no law or standard that allows the driver of a motor vehicle to turn across the path of oncoming bicyclists in a marked and dedicated bicycle lane without first being absolutely certain that it is safe to do so.

Bike Laws On Point

The acts and omissions of The driver are a direct violation of several portions of the Municipal Code of Chicago. The driver was required to yield the right-of-way to the bicycle approaching from the opposite direction. As evidenced by the collision and resulting injuries, the motorist clearly violated Section 9-16-020 of the Municipal Code of Chicago. Section 9-16-020 provides:

• Right of way to a bicycle on Left Turn – The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a bicycle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
• The driver also violated Section 9-40-160 of the Municipal Code of Chicago in causing the bicycle crash by failing to utilize due care when operating her vehicle recklessly on Chicago most busy bicycle lane. Section 9-40-160 provides: Drivers to exercise due care – 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.
• The driver also violated Section 9-40-060 of the City of Chicago Municipal Code by driving across a bicycle lane in such a manner as to impede bicycle traffic, including The bicyclist. Section 9-40-060 provides: 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 overall rights of bicyclists in Illinois are solidified in “Dennis’s Law” which clarified that all bicyclists in Illinois are entitled to all of the rights of motorists. Specifically, this law establishes that bicyclists are equally entitled to the right-of-way. In Illinois, any person riding a bicycle is equally regarded as operating a vehicle. “Every person riding a bicycle upon a highway shall be granted all of the rights, including, but not limited to, rights under Article IX of this Chapter, [625 ILCS 5/11-901 et seq.] and shall be subject to all of the duties applicable to the driver of a vehicle by this Code.” 625 Ill. Comp. Stat. Ann. 5/11-1502. This amendment to existing law went into effect on January 1, 2017, and was the clear law of the land on the date of this crash.

Case Resolves Prior to October 2022 Trial

At the time of settlement a jury trial in the Circuit Court of Cook County was right around the corner. This lawsuit was successfully resolved after two separate mediations with two different judges. It was a hard fought battle over several years involving a total of three separate insurance companies. Yet, the patience through court closings and all the associated delays were worthwhile as it resulted in one of the highest settlements in Illinois history for a male victim of the same age with the same injury. This was a very deserving resolution for a tremendous client who was at motivated to protect the rights of all cyclists as anything else. The cyclist's commendable mindset and extremely credible demeanor were large factors in such a favorable resolution. Keating Law is extremely grateful to represent this client and proud of the final result. 

Chicago Bicyclist Wins Jury Trial Against Law Professor Who Blamed The Cyclist For Crash

On August 29th Keating Law won a heavily contested jury trial for a Chicago bicyclist. The cyclist sustained a non-displaced fracture to his wrist when he was the victim of a "left hook" on Sheridan Road in Wilmette. The driver involved in the crash was a local law professor who insisted that the cyclist entered the intersection on a red light and was at fault.

State Farm, who insured the driver, considered this a “no-offer” case, meaning they were so confident they would win this case that they refused to pay even a dollar to compensate our client for his injuries. State Farm never even offered to pay for the injured cyclist’s medical bills, let alone any reasonable reimbursement for the other harms he incurred like pain and suffering.

Our client was out for a recovery ride after a morning race when a car turned left in front of him and crashed into him. He traveled through the intersection of Sheridan Road and Lake Avenue in Wilmette, Illinois. Many Chicagoland cyclist know that this is a popular route for cyclist due to its proximity to the lake and the Green Bay Trail.

This case involved a dispute over the color of the traffic lights at the four-way intersection of Sheridan Road and Lake Avenue. There is a designated bike lane that runs along Sheridan Road. The stoplight at that intersection has a green arrow for cars turning left across oncoming lanes of traffic. The defendant and a passenger in the defendant’s car both testified that the car entered the intersection on the green arrow. Our client testified that he had the solid green light when he entered the intersection.

The cyclist alleged that the driver had a duty to yield the oncoming traffic, in this case the bicyclist. The Illinois Rules of the Road explicitly provide that a motorist must yield to all oncoming vehicles. The 2017 landmark legislation, Dennis's Law, clarified that bicycles are included in the definition of a vehicle.

State Farm’s decision to never offer any money to settle this case turned out to be wrong. The Cook County jury found the defendant at fault for the crash. The defendant, a licensed attorney and law professor who also made a living giving expert testimony in front of judges and juries, was cross examined by Keating Law's attorney for nearly an hour and was caught giving inconsistent statements multiple times.

Our client is an experienced cyclist who knows the rules of the road when it comes to bike safety. Keating Law remains dedicated to safe cycling whether its in the City of Chicago, the suburbs, or anywhere else across Illinois. We are proud that our willingness to stand up to State Farm and refuse to take no as an answer yielded a trial victory in a Cook County courtroom.

Keating Law's Mike Keating A Featured Speaker At Trial Lawyer's Continuing Legal Education Seminar

Keating Law founder Mike Keating was a featured speaker at the American Association for Justice’s Annual Convention in Seattle. Mike’s presentation was on the explosion in the number of bicyclists and cycling injuries since the Covid-19 pandemic. 

The American Association for Justice is the nation’s largest group of attorneys who represent injured persons and consumers. Mike is the longtime chair of AAJ’s Bicycle Litigation Group. 

Keating Law Offices is the premiere personal injury law firm representing victims of bicycle accidents in Illinois. The firm is based in Chicago, Illinois and represents clients throughout Illinois.