CTA And City Must Do A Better Job Of Protecting Chicago Bicyclists

Riding with buses is no fun.  Until Chicago does a better job of segregating bicycle and bus traffic, like some other North American cities have, cyclists will just have to deal with it. Even experienced city bikers grit their teeth when a Chicago Transit Authority bus zips passed only to swerve right in front of them to pick up/drop off passengers.  More novice cyclists I've spoken with cite the presence of CTA buses as a major factor that keeps them from riding more.  

But there are rules that bus drivers must follow.  When they are disobeyed and a cyclist is injured as a result, the CTA may be held responsible.  Consider the video below shot earlier this week on Milwaukee Avenue in Wicker Park:

The three buses presented a dangerous situation for bicyclists in the area, as well as for the people seeking to board the second bus.  The first bus driver did nothing wrong.  The driver activated his or her turn signal, passed the cyclists at a sufficient distance then pulled fully into the bus stop well ahead of the cyclists.  However, that bus's presence at the stop, plus the second bus driver's conduct created a dangerous situation.  The second driver boxed the cyclists in then opened the bus door inviting riders into the path of the bikers.

Let's look at the CTA's own rules regarding how drivers are to deal with bicyclists upon approaching a stop.

CTA Poster from 2004

Close up of section on Service Stops

Close up of section on Curbing

The above poster was published by the CTA in 2004 and was meant as a guide for drivers regarding safe interaction with bicyclists on the road.  Comparing the sections on Service Stops and Curbing to the conduct of bus #2 in the video we see a couple of violations.  Firstly, the driver should have let the two cyclists to the right of the bus pass the bus stop before bringing the vehicle to a halt. Secondly, he or she should not have opened the bus doors before allowing the cyclists to pass. Thirdly, after allowing the cyclists to pass, the driver should have pulled to the curb to discourage cyclists from passing on the right while picking up/dropping off passengers.  Thankfully, the bicyclists were traveling slow enough so as not to cause injury to themselves or the people attempting to board the bus.

The video shows a third bus adding additional danger to the mix.  With two buses at the bus stop and now a third bicyclist passing them on the left, the third driver decided to pass the buses and all three cyclists on the left rather than wait for the bus and bicycle congestion to clear.  Very foolish.  Yet this sort of mess is all too common in my experience as a daily cyclist.  Buses passing too close and too fast, zipping into and out of bike lanes without concern for the presence of cyclists is consistently frustrating and down right frightening.  City bus drivers are required to obey the same rules of the road as are other drivers.  When they fail to do so, and/or violate the procedures put in place by their employers, i.e. CTA, and their conduct causes harm, they may be held liable for so doing.  It should go without saying that bicyclists also have a duty to follow the rules of the road, the same rules applicable to drivers, and should appreciate that buses make frequent stops.  Extra caution should be taken around buses.  

While there are some lousy bus drivers out there, I do not mean to disparage them all.  Bus drivers are doing a job and generally try to and want to do so safely then go home to their families.  Much blame for dangerous interactions between Chicago cyclists and bus drivers must go to the state of our current infrastructure which too often requires them to share the road with each other.  That, plus the fact that the drivers are trying to maintain a strict time schedule sometimes leads to calamity.  Earlier this year I had the opportunity to use bike share in San Francisco.  I was impressed with that city's efforts to segregate bus and bicycle traffic by creating bus stop islands to the left of bike lanes.  With these buses need never enter bike lanes to pick up and drop off passengers.  Chicago would be wise to take note.

Disturbing Video Of Car Slamming Into West Chicago Bicyclist Helps Bring About Resolution Of Legal Case

Screen capture of video showing the
moment before impact.
(Scroll down for full video.)

Persistent sleuthing, hard work and a little luck has brought about successful resolution of a bicyclist's legal claim against a driver that struck him from behind last year.  Our law firm represented the bicyclist, an active, physically fit 75 year old man.  The case resolved for the full amount of available auto insurance coverage.

The collision occurred on May 1, 2013 at around 6:30 a.m. on West Washington Street in West Chicago, Illinois.  As the video footage below shows the cyclist was pedaling his Trek mountain bike eastbound when he was hit from behind by the driver of a 2007 Toyota Camry.  Before impact he was well-established in the roadway and was cautiously merging left preparing to make a left turn.  In so doing he was fully compliant with the Illinois Vehicle Code.  The driver told police that she was traveling at about 30 mph at the moment of impact.

Soon after the bicyclist hired us we received the Illinois Traffic Crash Report created by the West Chicago Police Department.  It suggested that the bicyclist was at fault for causing the crash.  The report quoted the driver as stating that as she drove east "a man on a bicycle struck her vehicle and hit her windshield."  She also told police that, "She did not see the bicyclist and was not distracted by anything."  Witnesses apparently told police that, "The bicyclist began to enter the middle of the east bound lanes in front of" the car.  The report concluded stating, "No citations were issued." Unfortunately, our client was unable to provide us with much assistance.  Other than recalling that he had been eastbound on Washington, he was unable to recall much else having sustained a head injury that impacted his memory.  We got to work gathering evidence.  The first thing we did was carefully survey the area, looking for cameras that may have captured the incident.  We got lucky.  The crash took place in front of a jewelry store.  It was likely to have security cameras.  It was important to contact the store right away, before any existing footage of the crash was deleted or recorded over. Thankfully, the store owner was cooperative.  He had several cameras on the outside of the building and agreed to search the video archive for us.  It turned out that the cameras captured the crash from multiple angles, which were forwarded to us.  I have posted the best views below.  The first video is from the camera looking west and clearly shows the cyclist and car that hit him in the moments leading up to impact.  The second video shows the terrifying collision and its aftermath.  A warning:  Some will find the videos disturbing.   They are posted with our client's knowledge and permission.

The footage allowed us to rebut the suggestion in the police report that the bicyclist came out of nowhere and mindlessly ran into the car.  It shows that he was well established within the roadway so as to give a reasonably careful driver plenty of time and space to see him and avoid hitting him.

The cyclist made a downright remarkable recovery from what were very serious injuries.  He was knocked unconscious at the scene, his head having smashed the vehicle's windshield.  His lower left leg was badly broken, requiring surgical repair.  He also had several very large open wounds that required surgical closure.  After days in the hospital he spent more than a month in a rehabilitation facility. Though his medical bills were quite substantial, the driver only carried the minimum amount of insurance coverage permitted under Illinois law, $25,000.  After we provided the video of the crash to the driver's insurer, it quickly tendered the full amount of the policy.  We then looked to our client's own auto insurer to provide additional compensation pursuant to the underinsured motorist provision of his policy.  The video footage also persuaded our client's insurer to tender the full amount of available coverage, thereby maximizing his compensation. 

Cyclist's POV Video Highlights The Horror Of Getting Doored

Below is a point of view video of a bicyclist getting doored by a taxi cab passenger from his right while riding in a bicycle lane in New York City.  The bike lane is located along the right side of a one way street.  The layout reminders me of Dearborn Avenue, north of Kinzie.  It is terrifying, though apparently the cyclist was not seriously injured.

There are a couple of interesting things about the video.  Let's assume for the moment that this incident occurred in Chicago instead of NYC.  The taxi cab driver did an awful lot wrong here.  By failing to pull to the curb to disembark his passengers he would have violated Rule 5.18 of the City of Chicago Public Chauffers Rules & Regulations which states, "Chauffeurs, when discharging passengers, shall do so in a safe and legal manner.  Chauffeurs shall discharge passengers curbside." He also would have violated several sections of Chicago’s staunchly pro-bicycle Municipal Code, including section 9-80-035 which requires drivers to look for other roadway users before permitting any door of their vehicle to be opened; section 9-40-160 which requires drivers to exercise due care to avoid colliding with any person operating a bicycle; and section 9-40-060 which prohibits any portion of a motor vehicle to encroach into a bicycle lane.  This sort of collision happens a lot in Chicago.  We have successfully represented many cyclists who have been doored by taxi cab passengers who disembarked into a bike lane.  We are always successful in holding the cab driver responsible.

Though the driver is culpable, that does not let the passenger(s) off the hook.  Taxi cab passengers owe cyclists, and other road users, a duty to look before opening a door.  Within the last two years or so some cab companies in Chicago have installed side view mirrors in front of the rear doors of their vehicles to facilitate passengers' ability to look for cyclists.  Many cabs also have window stickers warning passengers to look before exiting.  A claim may be brought against the passengers for causing harm in this circumstance.  A passenger's homeowners or renters insurance will generally provide coverage.

The bicyclist in this video did some things right and a few things wrong.  Firstly, he was correct for riding in the far right edge of the bike lane.  Usually, the danger from dooring comes from the curb side of the bike lane.  Riding along the outer edge of the lane keeps cyclists outside what is usually thought of as the door zone.  Secondly, he was wise to ride with a video camera.  What happened was well documented should there be a factual dispute later.  On the other hand, he seems to have been riding pretty fast; perhaps too fast for the congested conditions.  He admits on the video to traveling at about 25 mph.  He may have overestimated his speed, but there he is saying it on video.  Twenty-five miles per hour in city traffic is pretty damn fast.  Also, he is too cavalier about the possibility he was injured.  Hopefully, he was in fact okay.  But given his speed and the suddenness of the stop, he would have been wise to go to the hospital to get checked out.  Perhaps he ended up doing so.  He also suggests that he did not want a police report created, stating on video that he tries to never talk to the police.  This is foolish.  If he needs to bring a claim later for his injuries (if there were any), the taxi company's insurer will insist on seeing a police report to confirm that the crash actually took place.  My guess is that the cyclist may wish he could walk back some of the things he said after the crash.  In fairness, no one is at their best after getting into a crash.  But parts of his video highlight the importance of trying to stay cool following a collision.  The fact that he created and posted the video for all to see is much appreciated as it may serve as a device for educating drivers, passengers and cyclists about how to avoid such an incident and what to do afterwards.

Video Captures Bicycle, Taxi Crash; Lawsuit Filed

A lawsuit has been filed against a taxi cab company and its driver for causing a crash that seriously injured a Chicago man as he rode his bicycle in Bucktown.  Our law firm represents the cyclist.

The 34 year old man sustained a skull fracture and bleeding into his brain from the crash.  He spent six days in Advocate Illinois Masonic Medical Center before being released into his family's care.  He continues to undergo treatment for a brain injury.  He was wearing a helmet at the time of the crash.

The incident occurred at the intersection of North Damen Avenue and West Fullerton Avenue at 11:47 p.m. on November 8th.  The cyclist was riding from his parent's home to his apartment traveling north on Damen in a bicycle lane.  He was riding with operating front and rear lights on his bike.  At Damen's intersection with Fullerton the driver of a white 2011 Ford Escape taxi, also northbound on Damen, turned right without signaling onto Fullerton directly into the bicyclist's path.  The driver's sudden maneuver caused the cyclist to strike the passenger side of the vehicle.  The cyclist hit his head and was rendered unconscious at the scene. The driver immediately pulled over and three passengers rushed from the taxi to the downed man's aid and called 911.

The Illinois Traffic Crash Report pertaining to the incident reflects a very different version of events.  It states that the bicyclist, "was NB [northbound] on Damen and disregarded traffic signal and collided with [taxi] which was EB [eastbound] on Fullerton."  See below.  (The report confuses Unit 1 and Unit 2.  But it seems to communicate the reporting officer's understanding that the bicyclist caused the crash by running a red light.)

Narrative portion of Illinois Traffic Crash Report

Concerned, I spoke with the people who were riding in the cab at the time of the crash.  They told me that the crash occurred just as the driver was making a right turn.  They told me that the Crash Report did not accurately reflect what they told the police at the scene.

Hoping to uncover more solid evidence regarding how the crash occurred, we sent a Freedom of Information Act request to the Chicago Department of Transportation requesting video from the red light cameras in the intersection.  One of the cameras recorded the crash.  The video, taken by a camera looking south on Damen, shows the white taxi (a small SUV) proceeding north on Damen.  The light at Fullerton is green and when it reaches the intersection, it turns right.  Just as it does the blinking white light on the front of the bicycle is seen going down to the street.  The taxi driver immediately pulls over to the curb on Fullerton. See below.

We do not know who the source was for the narrative contained in the Crash Report.  However, the red light camera video contradicts it.  Also, the taxi passengers told me that on the night of the crash they were traveling from Big Star, a Wicker Park restaurant located at 1531 North Damen, to Wrigleyville.  It would certainly make sense for them to have traveled north on Damen to Fullerton, then east.

What the video shows is a classic "right hook" crash, one of the most common types of collisions between motor vehicles and bicycles in an urban setting.  We have alleged that by turning right in front of a person riding a bike, that the cab driver violated several portions of the Illinois Vehicle Code, including the section that requires drivers to give cyclists three feet of space when passing.  We have also alleged that the driver violated numerous sections of the Municipal Code of Chicago, including 9-16-020(d), which explicitly prohibits drivers from turning right in front of a bicyclist when it is not safe to do so.

Bicycling Police Officer Deals With Narrow Lane, Impatient Motorist

Below is a wonderful video of a police officer in Florida properly demonstrating how to ride in a narrow lane of traffic, one less than 14' wide.  He takes it.  In such a circumstance it is unsafe to ride far to the right.  Doing so invites motorists to pass you without switching lanes, nearly guaranteeing many close calls.  When you find yourself getting buzzed by passing drivers you should move to farther to the left, taking more of the lane.  If a motorist wants to pass, he or she will need to switch lanes to allow for a safe passing distance.  This is completely legal in Illinois.  The relevant statute requires bicyclists to ride as far to the right as is "practicable and safe." 625 ILCS 5/11-1505  The same statute states that bicyclists need not ride to the right when "substandard width lanes . . . make it unsafe to continue along the right-hand curb or edge. For purposes of this subsection, a 'substandard width lane' means a lane that is too narrow for a bicycle or motorized pedal cycle and a vehicle to travel safely side by side within the lane."

In the video, the officer also does a nice job of demonstrating one proper and legal way to make a left turn utilizing a left turn lane.  But the best thing about this video is the dopey motorist who decides he hates having a bicyclist in front of him and apparently does not realize that the cyclist is a cop.  How sweet would it be to have a badge to flash at the next motorist who lays on his horn from behind you?  Enjoy:

Video Shows Benefits Of Riding With A "Cyclecam"

I have noted before that one of the biggest challenges that comes with representing victims of bicycle accidents is finding a witness that can back-up the cyclist's version of events.  One solution, is to ride with a video camera affixed to your bike or helmet.  Recently, the BBC did a very nice piece about just that, detailing how some riders are using the devices with positive effect in London.  Check it out below.

Cheers to Rudolf G. Burger who posted a link to the video on The Chainlink, to Alleycat Fixed Gear for supplying the video, and to the BBC for creating it.

Raw Video Of A Ride Along Chicago's New Kinzie Bicycle Lane

Courtesy of chainlinker, Travis Kluska, here is a video of a ride eastbound along Chicago's new Kinzie cycle track.  The video comes with warts:  Mr. Kluska runs numerous stop signs and the light at Kinzie and Milwaukee.  At one point another bicyclist briefly approaches him in the bike lane in the wrong direction.  But is video is honest.  I've ridden Kinzie several times now since completion of the new bike lane and the way it is ridden in the video is consistent with how I've seen the majority of bicyclists ride it.  The conditions it demonstrates are typical in my experience.

Chicago Bike Program Produces New Video To Promote Road Sharing

Bicyclists and motorists alike can benefit from viewing this new video produced by the Chicago Bike Program.  It provides a nice overview of how best to share the road.

CDOT Video Demonstrates Intersection Navigation

Below is an excellent video recently created by the Chicago Department of Transportation's Bike Program on proper ways to navigate a variety of city intersections:

Video Demonstrates Rights and Duties of Bicyclists

Below is one of the best videos I have seen demonstrating the rights and responsibilities of bicyclists in traffic.  Everything explained and shown in this short film is consistent with Illinois law.

The Dangers Faced By Chicago Bicyclists

The dangers faced by Chicago bicyclists were detailed last night in an informative piece on Fox Chicago News. It was reported that, "In 2008, the last year on record, 27 riders were killed [in Illinois]; over three thousand were seriously injured." Chicago reportedly sees about "five fatalities and just over a thousand accidents a year." A Chicago emergency department physician interviewed for the story reported that she sees "as many as four or five injured cyclists a week." The story also noted the of the efforts by the Chicago Department of Transportation to reduce the number of bike accidents. Here is the complete video:

Video Offers Lessons On Chicago Bicycle Law

In June, the Chicago Department of Transportation and Chicago Police Department created a video that demonstratively outlines the legal duties and responsibilities that bicyclists and motorists owe to one another on city streets. The video was created as a training aid for police and CDOT personnel. I've watched it, and it is an excellent resource for all people using Chicago's streets. Many bicycle accidents are caused by simple inattention. However, I suspect that many accidents are due to a lack of knowledge. How many motorists know that they must give bicyclists at least three feet of space, or that they must yield to cyclists when attempting to turn left? How many bicyclists realize that, unless they are under 12 years of age, it is illegal to ride on city sidewalks? Take notes.

Traffic Enforcement for Bicyclist Safety from Chicago Bicycle Program on Vimeo.