Cook County Jury Finds For Injured Bicyclist Ticketed By Police

After deliberating for more than five and a half hours on Friday, a Cook County jury decided to compensate a male bicyclist injured in a 2011 collision with a SUV in Palos Heights.  Our firm represented the cyclist at the week long trial.

The case was a tough one and the verdict of $37,000 reflects the jury's finding that our client contributed significantly to cause the crash.  Police had ticketed the cyclist at the scene for causing the collision.  The defendant driver's insurance company had sent the cyclist a bill for the substantial damage done to his Lexus SUV.  No settlement offer was ever made by the defense.

The crash occurred at around 8:00 a.m. on May 21, 2011 at the intersection of Harlem Avenue and 131st Street at the northern edge of the Burr Oak Woods Forest Preserve.  The then 59 year old cyclist was riding his bike on the Tinley Creek Bike Path which winds through the preserve.  The defendant driver, a retired surgeon, and his wife were driving north on Harlem.  The bike path crosses Harlem a few feet south of 131st.  Here is a depiction of the intersection used at trial:

The cyclist approached Harlem from the east.  When he reached the crossing, marked with thick white diagonal lines, he saw that the light controlling cross traffic was red so he proceeded.  At the same time, the defendant was stopped in the left turn lane on Harlem waiting for the light to change so he could proceed west on 131st Street.  As the cyclist entered the crossing, the left turn arrow controlling the driver's lane turned green and he proceeded.  The bicyclist struck the left side front quarter panel of the vehicle and fell to the ground breaking his left wrist.  The break was bad, requiring surgery.

Our biggest challenge at trial was overcoming the defendant's assertion that our client knew the traffic signal was changing and attempted to speed across the intersection to beat the light.  The defendant's attorneys had two important pieces of evidence to support that position.  One, was the testimony of a witness, an emergency medical technician, who happened to be in an ambulance stopped at the intersection facing east on 131st Street at the time of the crash.  He testified that while his vehicle was stopped at a red light at 131st and Harlem he saw the man on the bike cross at what seemed to be a high rate of speed just before the collision.  The implication was that if the ambulance had a red light then so must have the cyclist coming from the opposite direction.  Secondly, the defendant argued that the extensive damage to the SUV and the severity of the bicyclist's injury suggested a relatively high speed collision; again, supporting the notion that the cyclist was trying to beat the light.

Honestly, we were worried.  It was based on the witness's observations that the responding police officer laid fault at the feet of our client.  Would a jury do the same?

The jury never heard that the cyclist was ticketed.  The citation was thrown out and generally the fact that one party or another received a traffic ticket is not admissible evidence at trial.  It is the province of the jury to determine fault based on the evidence, not that of a police officer making a snap decision based on someone's observations.  We were able to demonstrate that the witness was very unsure of what he saw and when he saw it.  Also, the law and evidence strongly supported our position that the driver failed to look before proceeding into the intersection.  The witness felt certain that his vehicle was stopped at a red light facing east on 131st Street when the collision occurred.  However, he could not say that the ambulance had quite reached the intersection when the cyclist first started across Harlem.  This allowed us to argue that our client entered the crossing when it was still legal for him to do so, but that he simply got caught in the change of lights.  During my closing argument I showed the jury a blow up of a portion of the Illinois Vehicle Code which instructs drivers how they must proceed when facing a light that has just turned green.  Section 11-306 requires that a motor vehicle facing a green arrow signal, "Shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection."  Certainly bicycles are "other traffic."  Since the point of impact was with the front side of the SUV, had the driver looked before proceeding the cyclist would have been visible to him just a couple of feet to his right.  Therefore, he either did not look, despite his insistence to the contrary, or he looked but did not see our client.  Either way, I argued that the defendant violated section 11-306 and was negligent.

The jury clearly had a hard time figuring this case out having spent so long deliberating.  In the end they reached a compromise verdict.  They felt that the driver was indeed negligent, but so was our client.  It is hard to see the result as unfair.  

Getting caught in the change of lights is a consistent problem for bicyclists.  When crossing a wide intersection -- Harlem at 131st is five lanes wide -- there is a good chance that you will get caught in the change of lights.  Bicyclists should be mindful of any crossing countdown, if there is one, before starting into an intersection.  Consider whether your light will remain green, or at least yellow, until you reach the other side.  On the other hand, drivers simply must look before proceeding.  The law, and common sense for that matter, makes it clear that a driver cannot simply charge forward on a green light.     

Dogs And Bicycles May Not Mix

Who knows what goes on inside a dog's brain most of the time.  However, I am reasonably certain of what that mush of canine gray matter says to the mound of fur, teeth and muscle that surrounds it when the eyes and nose sense something the dog wants:  GET IT!  Sometimes what the dog wants is a metal and rubber contraption zipping by with a lump of human meat planted on top of it.  Whether by an actual bite or a crash caused by giving chase, dogs can and do cause serious injuries to bicyclists.  In Illinois the owner of a dog, or any other animal, may be held liable for injuries it causes.  In many instances it is not necessary to prove that the owner of the dog was in any way negligent to recover money damages.

Illinois' Animal Control Act states:

If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.  510 ILCS 5/15.

In plain language if you are injured by a dog or because of a dog, e.g. because you were chased, you may receive compensation from the dog's owner so long as you did not provoke the dog and you were peaceably riding in a place you were permitted to be.  Under those circumstances it is not necessary to demonstrate that the owner knew or should have known that the dog was dangerous or a had a propensity to bite or chase bicyclists.  It is enough to simply be injured by a dog to take advantage of the protections provided by our state's Animal Control Act.

Of course, the goal when out riding is not to come away with a viable lawsuit, but rather to enjoy the ride; to get from point to point safely, hopefully avoiding being attacked by an animal.   Here are some ways to avoid being attacked by a dog to begin with:

• Be aware of your surroundings.  Look around you periodically and do not ride with headphones.  This may help you become aware of a dog who may give chase with enough lead time to up your pace and get away quicker and easier.

• Know your route.  When possible pick a route you know is free of dogs and other animals that may tend to roam free.  Also, when out mountain biking in a rural area stay on public use paths and try to avoid crossing onto private property that may harbor a territorial canine. 

• Ride in a group.  A dog may be less inclined to chase a group of riders.  Besides in a group you don't need to be faster than the dog.  You just need to be faster than the slowest rider.

If you are attacked by a dog and are injured you should take the same sorts of measures you would in any other kind of bicycle crash case to protect yourself and your rights.  You should do the following:

• First, get yourself out of danger.  Try to get away from the animal to avoid further injury.  If you have a water bottle with you try squirting the dog to get it to leave you alone.

• Call for help.  One of the most important pieces of safety equipment to can have with you on a ride is a mobile phone.  Use it to call 911.

• Take photos.  While you have your phone out, use its camera to photograph the dog, so it can be identified later, and your surroundings.  If possible, also photograph your bike and your injuries.

• When the police arrive make sure they fill out an accident report.  Don't let the police talk you out of doing so.  You always want a police report.  Make the responding officer aware of any possible witnesses to the incident.

• Contact a lawyer to discuss the possibility of bringing a case against the dog's owner.

Chicago Bicycle Delivery Rider Doored, Hit By Passing Vehicle

A pinball.  That's how a 25 year old bicyclist must have felt after being doored then hit by a passing car last weekend.  The incident occurred at around 5:30 p.m. on April 28th.  The bicyclist, working as a food delivery rider at the time, was pedaling in the dedicated bicycle lane southbound near 2048 North Halsted when the driver's side door of a 2003 Infiniti parked along the curb opened in front of him.  Instinctively taking evasive action, he grabbed his brakes and steered left.  The maneuver wasn't enough however to avoid striking the door with his right hand.  Off balance he was pushed into southbound traffic where he was struck by the side of a passing car.  That second impact send him sprawling into the street.  The passing car did not stop.

After waiting for police to arrive and gathering contact information of the driver that doored him, banged up, bruised and with searing pain in his ribs, the bicyclist found his way to Illinois Masonic Medical Center where he received treatment.  My law firm is representing the bicyclist against the the Infiniti driver who started the cascade of events that caused his injuries.

When Taxis Attack

In August and September, 2011 a 25 year old female graduate student was struck by two taxi cabs in Chicago from the same company.  Different drivers were involved in the incidents.  In the August incident, the bicyclist was riding southbound on North Clark Street at the intersection with West Ontario.  She passed through the intersection with a green light at around 12:20 p.m.  At the same time a taxi owned by American United turned left onto southbound Clark Street from westbound Ontario, running the light.  The driver struck the bicyclist when she reached the southern most crosswalk at the intersection.  After the collision the driver allegedly attempted to flee, but a nearby female witness began beating the cab with her purse insisting that the driver stop.  He did.

The bicyclist was treated at nearby Northwestern Memorial Hospital for a back injury and numerous scraps and bruises.

By the end of September the woman's condition had improved and she was back on her bicycle.  At around 10:15 a.m. on September 29th she was again riding her bike southbound on Clark, this time just south of Division Street.  She was on her way to deliver a completed school assignment.  At the same time a taxi driver with American United came up behind her and became impatient.  The driver attempted to pass her on the left crossing the center lane of traffic into northbound Clark.  When he did he passed so close that his passenger side view mirror hooked the cyclist's backpack and dragged her hard to the ground.  The incident re injured the cyclist's back.  She continues to work toward recovery more than three months following these incidents.

My law firm is representing the bicyclist against the cab company.

Trial Of Chicago Cop Accused Of Killing 13 Year Old Bicyclist Starts This Week

Trial is scheduled to get underway this week against a Chicago police officer charged with aggravated DUI and reckless homicide arising from the death of a 13 year old who was riding his bicycle at 81st Street and Ashland Avenue in May, 2009.  The boy, Trenton Booker, was riding with a friend when Richard Bolling, who was off-duty at the time, allegedly struck him with his car then kept going, according to the Chicago Tribune.  Witnesses estimated that Bolling had been traveling at about 60 mph in a 30 mph zone.  The impact threw the young boy into the air and under a parked car.

It is alleged that when his fellow officers caught up with him there was a less than vigorous effort to gather evidence.  Allegedly, he was not given a Breathalyzer until 4 1/2 hours after the crash after pressure was placed by police Internal Affairs.  At that time he registered 0.079 percent, just under the legal limit, according to the Trib.

Settlement For Bicyclist Injured When Passengers Exit Taxi Into Chicago Bike Lane

A substantial financial settlement has been reached by our law firm on behalf of a bicyclist doored when a taxi cab driver allowed his passengers to disembark into a dedicated bicycle lane at the 2400 block of North Lincoln Avenue in Chicago on March 17, 2011.  The 40 year old cyclist was traveling southbound in the bike lane when passengers suddenly emerged from the taxi, which had stopped in southbound traffic.  Unlike the typical dooring incident, the bicyclist in this case was doored from the left rather than the right side.  The bicyclist had been wearing a helmet and his bicycle was equipped with lights.  He was treated for a sprained knee and left hand fracture.

Taxi cab drivers owe a duty of reasonable care to roadway users in the location and manner in which their passengers are permitted to exit the vehicle.  This duty extends to bicyclists, permitted users of Chicago streets

Cab Driver's Failure To Use Caution Dropping Off Passenger Causes Cyclist's Injury

Chicago taxicab drivers must exercise caution when dropping off passengers.  Passengers should be permitted to disembark only where it is reasonably safe to do so.  That usually means pulling to the curb. Stopping so as to give a passenger the option of either exiting the cab into moving motor vehicle traffic, or into a busy bicycle lane is negligence on the part of the driver.  Once again a cab driver's poor decision as to where to drop off a passenger has resulted in injury to a bicyclist.  Our law firm is representing the cyclist.  On Halloween evening at around 7:30 p.m. a 35 year old female cyclist was injured when a southbound taxi cab on Wells Street, about a half a block south of North Avenue, dropped off his passenger into a dedicated bicycle lane.  In this instance, the right wheels of the taxi encroached into the bike lane, an ordinance violation.  When the passenger opened the right rear door it struck the left hand of the bicyclist causing severe finger tendon laceration requiring eight stitches.  It is not yet clear whether surgery will be necessary to restore full function to the finger and hand.

The bicyclist would have been easily visible.  Her bike was equipped with operating lights and she was wearing light colored clothing at the time of the incident.  She was wearing a helmet and did not sustain a head injury.

Wells Street at the location of this incident has one southbound and one northbound lane.  Cab drivers on this and similar roadways simply cannot provide their passengers with two unsafe options of exiting and simply hope nothing bad happens.  In such instances, the passenger is offered the option of either exiting on the left of the cab and into moving motorized traffic, or on the right into a busy bicycle lane.  This is negligence plain and simple.  Cab drivers must drop off passengers in a reasonably safe place so as to avoid putting either the passenger or other roadway users at risk.

Bicyclist Presumed Dead After Incident At Western Avenue & Logan Boulevard

A bicyclist is presumed dead after a serious incident occurring at the intersection of Western Avenue and Logan Boulevard on Chicago's north side Saturday morning.  Witnesses on the Chainlink forum have described seeing a mangled bicycle at the scene and a motionless body laying in the road covered by a coat or blanket.  Two cars at the scene appeared to have rear-ended each other.  It is not clear how the incident occurred.  There has been no coverage of this event by media outlets.

It is worth noting that the intersection involved is heavily trafficked by bikes and motor vehicles and is well-known to be exceptionally dangerous.  A ghost bike memorializing the death of Tyler Fabeck is located at the intersection.

Female Bicyclist Suffers Ruptured Spleen Following Crash With Van On Milwaukee Avenue

A female bicyclist suffered a ruptured spleen after being struck by a 2005 Ford Econoline van at the intersection of North Milwaukee Avenue and North Ogden Avenue in Chicago on August 22nd.  The crash occurred at around 8:00 a.m. as the 24 year old cyclist was on her way to work.  The bicyclist was riding southbound in the bike lane on Milwaukee when she was suddenly "t-boned" by the left turning van.  Both vehicles had a green light, but under Illinois law the straight-ahead cyclist had the right of way at the time of the crash.  Immediately following the crash she was taken to Rush University Medical Center via ambulance.  She remains in treatment.  Our law firm is representing the bicyclist.

Twenty-Five Year Old Bicyclist Recovering From Head Injury

A twenty-five year old male bicyclist was rendered unconscious after being struck by a 1997 Dodge Dakota at around 6 p.m. on September 21st at the intersection of North Elston Avenue and West Gunnison Avenue in Chicago.  The bicyclist was riding through the t-intersection when he suddenly heard a revving engine then saw the vehicle coming at him.  According to witnesses, the impact propelled him onto the vehicle's windshield before he was thrown to the ground.  Numerous photographs of the crash site showing the cyclist laying in the street with blood covering his face have been acquired thanks to a witness who posted them online.  Our law firm is representing the bicyclist against the driver of the vehicle.  The bicyclist continues to undergo treatment for facial scarring and possible cognitive deficits due to head trauma.

After A Bike Crash, Go To The Damn Hospital

I've been representing injured people for some 15 years and if anything drives me nuts it is when someone blows off going to the hospital after an accident.  This frustration was driven home last week when I read about the death of Francisco Moreno.  After he was struck by a van while riding his bicycle a trip to the hospital was delayed until he lost consciousness at home many hours after the incident.  One has to wonder if he would be live today if he had been taken to the hospital right after the crash.

Let me be succinct, if your are involved in a bicycle crash and some part of your body hurts, go to the damn hospital.  The seriousness of your injuries may not be immediately apparent.  After a crash your adrenaline may be flowing.  You may not be thinking straight, so just play it safe a get to the ER.  This is especially true if you even lightly hit your head, with or without a helmet.  If it turns out that you are fine, good.  Don't worry about wasting your time or anyone else's time.  Don't feel embarrassed.  Just do what has to be done to rule out a serious injury.

Aside from protecting your own health, seeking immediate medical care following a crash will help you or your attorney later if a claim or lawsuit arises from the incident.  Time and again I see insurance companies fail to take seriously a claim brought where the injured bicyclist did not seek treatment right away following a crash.  Their thinking is, how serious could the injury be if he/she didn't go to the hospital.  Insurance adjusters tend to be cynical people.  Delayed medical treatment tends to raise a red flag in the adjuster's mind:  Maybe we're being scammed.  Maybe the injury happened after the bike accident.  Don't give an insurance company any reason to be doubtful about your claim and the cause of your injuries.  Seek immediate medical treatment.

There are all sorts of reasons, in my experience, to explain why the bicyclist blows off a trip to the hospital after a crash.  Lack of medical insurance coverage is one big reason.  All I can say is cost is just something you'll have to worry about later.  Take care of yourself first.  A hospital ER will not turn you away for lack of insurance.  Also, most hospitals will work with you on a sensible payment plan if you cannot afford to pay the bill.  If you have a claim against an at fault driver, the hospital will lien your claim and your lawyer will help you make sure your bill is paid at the end of your case.  Whatever concerns or fears you might have about going to the hospital after a crash, remember Francisco Moreno.

Logan Square Bicyclist Killed By Van

A 46 year old Logan Square bicyclist died this morning after being struck by a van.  After the collision the van allegedly fled the scene.  The Chicago Sun-Times reported this event but did not report the date of the collision.  The paper simply noted that it occurred at "2 p.m."

The cyclist, Francisco Moreno, was helped to his home after the crash.  He was later taken to Saints Mary and Elizabeth Medical Center by family members after he lost consciousness.  The location of the crash has not be reported.

Recumbent Bicyclist Struck By Motorist Along Lakefront Bicycle Path, Suffers Head Injury

A bicyclist on a recumbent suffered a head injury when she was struck by a motor vehicle as she crossed West Wilson Avenue along Chicago's lakefront bicycle path.  The crash occurred just before 1:00 p.m. on June 26th.  The bicyclist was traveling northbound on the path.  When she reached the intersection with Wilson Avenue she slowed when she saw a vehicle at the eastbound stop sign.  Bicycle traffic at that location is not required to stop or yield to motor vehicles and has the right of way.  The cyclist proceeded across Wilson.  As she approached the median dividing east and westbound traffic the car that had been stopped at the sign suddenly accelerated forward and crashed into her.  She was propelled from her recumbent bicycle up onto the car's hood, smashing the windshield with her helmeted head.  She was then thrown to the ground where she slid along the pavement before loosing consciousness.  She was taken via ambulance to Weiss Memorial Hospital where she received an extensive workup.

Our law firm is representing the bicyclist against the driver.  This is the second time within the last year that we have represented a bicyclist injured at West Wilson Avenue's intersection with the lakefront path.  The bicyclist continues to receive medical treatment.

Motorist Fails to Yield to Bicyclist In Oak Park, Rider Seriously Injured

A female bicyclist lays in intensive care with a serious head injury after being struck by a left turning motor vehicle in Oak Park at around 7:30 this morning. Apparently, the cyclist was riding westbound on Washington Boulevard when a motorist driving eastbound attempted to turn left onto Ridgeland Boulevard, crashing into the bicyclist. The Chicago Tribune reported this story but does not make it entirely clear whether the cyclist was on Washington or Ridgeland when she was struck.

Illinois law mandates that left turning motor vehicles yield to bicyclists approaching from the opposite direction. The driver was cited by police following this incident.

The name of the cyclist has not been reported. It seems that though serious her injuries are not life threatening.

Bicyclist Doored In Front Of Chicago's East Bank Club

On his way home from work, a Chicago bicyclist was injured on May 25th when the driver of a 2010 Mercedes-Benz opened her car door without looking for traffic on West Kinzie Street in front of the East Bank Club.  Immediately following the collision the cyclist was transported via ambulance to Northwestern Memorial Hospital with a severe right leg injury.

The dooring incident took place at around 5:40 p.m. just east of Kinzie Street's intersection with North Kingsbury Street.  The bicyclist was riding eastbound along the ride side of Kinzie just after stopping at the sign controlled intersection.  He had split second notice that the door was about to open in his path and attempted to swerve to his left.  However, his effort to avoid impact was not successful, his right leg crashing hard into the driver's door. The bicyclist had been wearing a helmet.

The bicyclist suffered what appears to be significant tearing of the muscle in his lower right leg which has resulted in a foot drop.  It is not clear whether this will be a permanent injury but he has not yet regained full use of his leg.  Our law firm is representing the cyclist in this matter.

Police Searching for Silver SUV That Struck, Killed 8 Year Old Riding Bicycle In Front Of Her Home

Eight year old Mariela Crisostomo died early this morning of injuries suffered when she was struck by a hit-and-run SUV as she rode her bicycle in front of her home in Chicago Lawn.  Mariela lived with her parents on a quiet street on the 3300 bock of West 62nd Place.  Her parents only allowed her to ride near her home which they felt would keep her away from motor vehicle traffic.  Yesterday, however, the female driver of a gray or silver SUV violated the serenity of the neighborhood, crashing into young Mariela so hard that she was thrown off her bicycle and underneath a parked car.  Neighbors who witnessed the horrifying scene saw the woman speed away from the collision.  Police are still looking for the driver.

This story was reported by William Lee of the Chicago Tribune.  Read the full article here.

Chicago Bicycle Commuter Injured By SUV Along Milwaukee Avenue To Be Compensated

A Chicago bicycle commuter will be compensated for injuries he received when an SUV pulled in front of him as he rode in the bike lane along Milwaukee Avenue, near the intersection with Ogden Avenue, in August.  A settlement agreement was reached yesterday between the bicyclist, whom we represent, and the driver.  The cyclist sustained a facial laceration and a neck injury when the vehicle abruptly pulled out of a drug store parking lot and into the dedicated bike lane.  The bicyclist immediately grabbed for his brakes but could not avoid cashing into the side of the SUV.  The incident occurred at around 7:30 p.m.  The cyclist was riding home from his office in the Loop.

Bicyclist Killed in Wheeling, Illinois Leaving Wife, Two Children

A 43 year old man was killed in Wheeling, Illinois on Monday afternoon when he was struck by a truck as he rode his bicycle along Wolf Road.  The man, Alfonso Delgado Balderas, is survived by his wife and two children.  No witnesses have been identified by either the Chicago Breaking News Center or Journal Online.  However, the driver of the truck apparently recounted to police that Mr. Balderas was riding on the right side of Wolf just south of Messner Drive when he attempted to turn left.  The truck driver stated he could not avoid hitting him.

Police are still investigating.

Chicago Bicyclist Doored by Taxicab Discharging Passengers Into Bike Lane

On March 17th a 40 year old Chicago man was struck by a taxicab door while riding his bicycle southbound in the dedicate bike lane along the 2400 block of North Lincoln Avenue.  This was an unusual dooring incident in that the bicyclist was struck by the door from his left.  The taxi had stopped in the street to allow passengers to alight as the cyclist pedaled by.  As he passed along the vehicle's right side the door opened unexpectedly, crashing into the side of the bicycle vaulting the rider into a parked car.

The bicyclist was transported from the scene via ambulance to Illinois Masonic Medical Center where he was treated for a left hand fracture and sprained knee.  Though released from the hospital he is still undergoing medical treatment.  Our law firm has been hired to represent the cyclist.  By discharging his passengers into a dedicated bike lane, the cab driver violated the Municipal Code of Chicago which requires all drivers to avoid opening a vehicle door into moving bike traffic.  The Code also prohibits blocking any portion of a bike lane with any part of a vehicle.

Settlement For Bicyclist Injured By Taxi On North Kingsbury Street, Despite Not Guilty Finding

Today, our law firm obtained a substantial settlement for a bicyclist injured in June, 2010 by a taxi cab in the 700 block of North Kingsbury Street in Chicago.  On the morning of June 3rd, our client was riding his bike to his Loop office when a taxi, which had been stopped along the curb on Kingsbury, suddenly pulled into the street, crashing into him.  The bicyclist sustained a fractured collar bone.

The driver was ticketed at the scene, but was found not guilty by a Cook County Traffic Court judge at the citation hearing.  However, with some hard investigative work -- and a little luck -- we were able to locate a witness to the incident.  The witness' statement likely aided us in obtaining a good result for our client despite the not guilty finding.