Resolution of a Case That Highlights Car Door Danger

"Your client has a duty to pay attention to where she is going."  That was the response we received from an insurance company after its driver doored a woman whom we represented as she rode her bicycle on a residential road in Chicago last summer. The 39 year old business owner, wife and mom sustained serious injuries, racking up more than $37,000 in medical bills.  Upon receiving a dismissive letter from the driver's insurer, GEICO, we filed a lawsuit.  The case recently settled for . . . [Read more]

Chicago High School Student Finds Inspiration From Dooring Incident

Maxine Soss

The hastily opened car door affected two Chicago bicyclists in very different ways.  For one, the inattentive driver's action inflicted hideous harm.  For another, it released inspiration.

Thirteen year old Maxine Soss was riding her bicycle with her mother north on Lincoln Avenue in Chicago's Lakeview neighborhood at around 4:00 p.m. on July 10, 2012. As they pedaled passed Lincoln's intersection with West Webster Avenue there was another cyclist riding about 25 feet in front of them.  He was 34 years old and riding his daily commute home from work in Lincoln's dedicated bike lane. Maxine saw the car stopped along the curb to the right of the bike lane.  She saw the door spring open and slice through the man's lower right leg.  She and her mom raced ahead and stopped.  The driver was screaming.  Blood was pooling.  Maxine could see the exposed bones in the man's lower leg.  She and her mom helped quell the bleeding and waited with the fallen cyclist for help to arrive.

As the weeks passed, the images and sounds of those terrible moments refused to leave Maxine.  But the events of that July day did not just leave a dark mark on her memory. They challenged her.  They presented a problem in need of a solution; one that she would not just leave to others to solve.  What can I do to prevent another person from getting doored?  The student science fair at Whitney Young High School presented Maxine with the platform she needed.  She decided that her project would be to find an engineering solution to the threat of dooring.  She reflected intently on what could be invented to alert a driver that a cyclist was approaching. 

"After research, meeting with a few physics teachers, and some consultation with a local engineering executive, she came up with an alarm system that could be produced on a small scale, and built a model," said Maxine's mom, Kelly Friedl.

Maxine's display at the Whitney Young Science Fair

Like most good ideas, Maxine's was relatively simple.   "By utilizing the general physics principals of a proximity sensor system, she rewired the mechanics of a cordless doorbell system," said Ms. Friedl.  "On her scale model, she inserted proximity reader mechanics inside of a toy car.  She then attached a proximity sensor (a magnet) to a model bike.  As the bike approached the car, an alarm would sound" to alert the driver.  In the real world, a small magnetic band would be placed on the bicycle and would communicate with the sensor of a vehicle implementing the system.  Maxine and her mom imagine selling the system very cheaply, or even giving it away for free at cycling events, to bicyclists who also drive.  The hope is that the bicycling community would help get the project off the ground, creating momentum by using the system on their own vehicles.

The science fair has come and gone, but Maxine plans to continue her project.  She intends to repeat the same project next year, and hopefully start testing it in the real world.  Funding is needed to take it to the next level, but her youth and desire to do good fuel a boundless optimism.

Maxine can be reached at maxinesoss@gmail.com.  Her mom can be reached at kelly@urbaninfant.com.

Chicago Bicyclist Doored By Uninsured Driver To Receive Compensation

The bottom edge of the car door sliced into the bicyclist, a huge bloody curtain of skin and muscle drawn back revealing the two large bones of his lower right leg.  It seemed as if a shaky surgeon cut a large slab from the side of his leg below the knee.  Minutes later an ambulance would rush him to the hospital to undergo surgery.  Weeks later he would have insult added to injury:  The driver that doored him was uninsured.

At around 4:00 p.m. on July 10th, a 34 year old male cyclist was doored on his way home from work on North Lincoln Avenue, just north of West Webster Avenue, in Chicago's Lakeview neighborhood. He was pedaling at a leisurely pace in Lincoln Avenue's dedicated bicycle lane when the driver of a 2002 Mitsubishi parked along the curb carelessly open her door just as the cyclist was riding by.  The bottom of the door sliced open the man's leg as he passed and caused him to crash hard to the street.  Thankfully, he avoided being hit by passing vehicles.  The wound to his leg was very serious however.  He was rushed via ambulance to Advocate Illinois Masonic Medical Center where he underwent surgery that evening.

The bicyclist incurred over $25,000 in medical bills.  At first he tried to resolve the matter with the driver himself.  However, when he learned that she had let her auto insurance coverage lapse before the crash, he contacted my law firm for help.  We immediately notified the bicyclist's own auto insurer that he was injured by an uninsured driver.  If an injured bicyclist has his or her own motor vehicle insurance policy, or is covered under another family member's policy, the cyclist may look to the uninsured or underinsured motorist provision of that policy. This is permitted even though the victim was riding a bicycle and the accident did not involve his or her own motor vehicle. Generally, your uninsured or underinsured motorist coverage protects you even when you are injured by a motor vehicle while a bicyclist or pedestrian.  Yesterday, after some hard work and diligence we were able to resolve the bicyclist's uninsured motorist claim for the full amount of coverage, $100,000.

Bicyclist Doored In Bucktown By Taxi Discharging Passenger

She was pedaling in the dedicated bicycle lane on Damen Avenue in Bucktown when the door sprang open in front of her.  There was nothing she could do to avoid the inevitable.

The 27 year old female bicyclist was riding to work southbound on Damen Avenue a few feet north of Cortland Street on August 2nd when the passenger of a taxi stopped in the middle of the road threw the door open in her path.  The crash occurred at around 10:30 a.m. on a warm and sunny Saturday.  The impact was heavy enough to crack the steel of her bicycle's frame.  She was sent hurling to the ground and was left, according to one witness, screaming in pain.  The crash occurring directly across the street from a firehouse, the cyclist was quickly whisked away to Resurrection St. Mary's Medical Center for treatment.

My law firm has been retained to represent the bicyclist.  The driver of the taxi, by stopping in the middle of the road to discharge a passenger into a clearly marked bike lane, violated good sense and City of Chicago Public Chauffeurs Rule 5.18 which requires that taxi drivers, "when discharging passengers, shall do so in a safe and legal manner. . . [and] shall discharge passengers curbside."

Chicago Bicycle Suffers Serious Leg Injury After Dooring

As the bicyclist lay in the street he looked down at his limb and saw a huge bloody curtain of skin and muscle drawn back revealing the two large bones of his lower right leg.  It seemed as if a shaky surgeon cut a large slab from the side of his leg below the knee.  The instrument of this carnage, however, was a car door.

At around 4:00 p.m. on July 10th, a 34 year old male cyclist was doored on his way home from work on North Lincoln Avenue, just north of West Webster Avenue, in Chicago's Lakeview neighborhood. He was pedaling at a leisurely pace in Lincoln Avenue's dedicated bicycle lane when the driver of a 2002 Mitsubishi parked along the curb carelessly open her door just as the cyclist was riding by.  The bottom of the door sliced open the man's leg as he passed and caused him to crash hard to the street.  Thankfully, he avoided being hit by passing vehicles.  The wound to his leg was very serious however.  He was rushed via ambulance to Advocate Illinois Masonic Medical Center where he underwent surgery that evening.

After extensive treatment, the bicyclist retains an ugly scar on his lower leg and suffers from numbness that radiates into his right foot.  He has recovered full use of the leg, however.

My law firm has been retained to represent the bicyclist.

A Teachable Moment Arises From Death Of Chicago Bicyclist

That could have been me.

That sickening current of feeling has been lingering through Chicago's bicycling community since the tragic death of 32 year old bicyclist Neill Townsend on Friday.  Neil was riding southbound in a dedicated bike lane on North Wells Street in Old Town when the driver of a parallel parked car opened his door into Neil's path.  The door suddenly appearing in front of him, Neill apparently swerved left into the path of the semi truck which ran him over and killed him.  He was an attorney, avid city cyclist and lover of soccer.  (Click here to read more from The Chicago Tribune's excellent coverage of this incident.)

City cyclists know that it is common for drivers of parked cars to carelessly open their doors into the path of bicyclists riding along the ride side of the roadway.  Injuries from this type of incident are plentiful in Chicago.  In my bicycle law practice dooring incidents account for roughly half of all of the cases in which I have represented bicyclists over the years.  This year I represented a bicyclist doored in April who easily could have ended up like Neil.  He was riding southbound on North Halsted Street in a dedicated bicycle lane in Lakeview when the driver of a parked car opened her door into his path.  An experienced bicycle delivery rider, the cyclist swerved to the left where he was hit by  a passing car and thrown off of his bike.  He was lucky not to have been killed, walking away with significant but not life altering injuries.  Had the vehicle to his left been a large truck or bus, he would have faired much worse.  In October, 2010 a bicyclist was riding on North Clark Street in Lincoln Park when the driver of parked vehicle opened his door into the cyclist's path.  The rider was thrown to the left where the No. 36 CTA Broadway bus ran him over.  That cyclist suffered "many broken bones."

Dooring incidents are easy to prevent.  Motorists already have the tools necessary to avoid them entirely:  their eyes and their vehicles' side view mirrors.  But dooring incident keep happening day after day. This weekend Chicago's WBEZ published a map demonstrating where and how many doorings occurred in Chicago from 2009 to September 7, 2012.  There have been 577 incidents reported.

There are things that bicyclists can do to reduce their chances of getting doored.  One important thing involves lane positioning. Illinois bicyclist are not required to ride in the dooring zone, that few feet to the left of parallel parked cars.  The rules of the road require bicyclists to ride "as close as practicable and safe to the right-hand curb." 625 ILCS 5/11-1505 (emphasis added).  Many bicyclists understandably interpret this law to require them to hug the right side of the street, even if doing so means riding very close to parked cars.  The statute, however, requires no such thing as demonstrated by the words I have highlighted, "practicable and safe." Simply put, it is neither practicable nor safe to ride in the dooring zone as Neil's death tragically highlights.  Therefore, bicyclists need not, and should  not, ride too closely to parked cars.  If riding in a dedicated bike lane, ride on its outer left edge.  If the street is narrow and lacks a bike lane, you may ride in and with motor vehicle traffic.  You may "take the lane," so to speak.  Bicyclists in Illinois have just as much right to do so as do cars and trucks.

Of course taking the lane is just not going to be something every bicyclist feels comfortable doing.  In fairness, doing so requires a certain amount of aggressiveness that not everyone has.  Having an impatient motorist behind you laying on his or her horn while you take the lane may prompt some cyclists to throw in the towel entirely. Really, who wants to deal with that kind of constant stress and hassle while out running errands or riding to work.  The city bares significant responsibility to its cycling community to create an infrastructure that reduces the chances of a bicyclist getting doored. Chicago is doing that, creating many new bicycle lanes positioned to the right of parked cars with a buffer zone to the cyclist's left that allows room for a car door to open outside the path of a passing rider.  The protected bike lane on Kinzie Avenue is a good example of this.  Unfortunately, these changes to our infrastructure are happening too slowly.  Had a protected bike lane been in place along Wells Street last Friday Neill Townsend would still be with us today.

Man Entering Car Doors & Injures Bicyclist On Milwaukee Avenue

It was one of those moments where faith that a fellow human would act attentively was tragically repudiated.  

On August 17th a 26 year old female bicyclist riding northbound in the shared bike lane on North Milwaukee Avenue trusted that the man who stepped into the bike lane in front of her would not just open his car door into her.  It was just before 5:00 p.m.  She was on her way home from work on that clear and sunny late afternoon.  There was no reason to believe that the man would not see her coming on her old mountain bike.  Nevertheless, no newbie to city cycling, the woman slowed and moved to her left to avoid the man standing next to his Toyota Corolla.  But just as she passed him he suddenly threw his car door open striking the the woman and her bike.  The impact sent her hurling into the street in the 2500 block of North Milwaukee Avenue.  

She was at first unable to move.  Her entire left side was in searing pain and her head hurt.  She was wearing a helmet but sustained a head injury.  A city ambulance rushed her to Advocate Illinois Masonic Medical Center where a brain CT demonstrated evidence of a concussion.  She was admitted to the hospital, not to be released until the following day.  She continues to receive medical treatment.

My law firm has been hired to represent the bicyclist.

Case Of Chicago Bicyclist Doored In Edgewater Resolved Successfully

It is the type of crash that city cyclists think about the most.

It is know as "getting doored," and it happened to a 31 year old male bicyclist on his way home from his bookkeeping job in the early evening of March 15th.  My law firm represents the bicyclist and today successfully resolved the case on his behalf for a substantial sum.  At about 6:15 p.m. he was riding north in the shared bicycle lane on North Clark Street, just north of West Olive Avenue in the Edgewater neighborhood, when the driver's door of a 2006 Toyota Highlander SUV suddenly opened in his path.  He was riding with an operating white light on the front of his bike.  He was wearing a helmet.  When the door flung open the cyclist tried to brake and steer to his left to avoid it but clipped the door with his right hand and handlebar.  The collision sent him spinning before he crashed hard onto the road, the impact with the ground knocking the wind out of him.  Unable to stand at first, he crawled to the side of the road to avoid getting hit by oncoming traffic.  

By the time emergency response personnel arrived on the scene, his right hand was badly swollen.  His left elbow was also cut and bleeding.  He was placed in an ambulance and rushed to a nearby hospital.  An x-ray revealed that he had sustained a right wrist fracture.  While convalescing and undergoing painful physical therapy treatments, the injured man was unable to enjoy his ordinary activities including bicycling, playing the banjo and playing tennis. He also experienced difficulty with common household tasks and washing himself.  It took two months of care and treatment for him to to return to normal.

Resolution Reached In Case Of Bicyclist Doored In Bridgeport

A 30 year old female bicyclist doored in Bridgeport in May has received the full amount of insurance coverage from the driver's insurance company.  The cyclist suffered wrist sprains after a driver opened her car door with out looking for bike traffic near 2917 South Throop Street on the evening of May 9, 2011.  The cyclist was riding a "slow bike" with a functioning headlight and was obeying all traffic laws at the time of the crash.  My law firm represents the bicyclist.

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

Chicago Bicyclist Doored In Bridgeport

A 30 year old woman suffered injuries to her wrists, shoulder and head after being doored while riding her bicycle in Chicago's Bridgeport neighborhood on May 9th.  Our law firm is representing her.  The incident occurred at around 8:20 p.m. as the woman rode her bicycle northbound along the 2900 block of  South Throop Street.  Pedaling at modest speed, with a flashing light on the front of her bike, she had no warning that the door of a Chrysler PT Cruiser parked on the right side of the street was about to be thrown open in her path.  The collision threw her from the bicycle, causing her injures.  She had been wearing a helmet.

After the incident she was taken via ambulance to the University of Illinois Chicago Medical Center.  She continues to treat for her injuries.

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.

Illinois Bicycling Advocates Consider Proposing Legislation To Keep Track of Dooring Incidents

Getting doored is almost always on the minds bicyclists who ride in trafficked streets.  Bicycling advocacy group, the Active Transportation Alliance believes that "more than half the people who bike on streets have been doored at least once."  In my law practice, I represent lots of cyclists seriously injured because a car door was flung open in their paths.  However, those in a position to address this problem have had trouble getting federal and state traffic safety funds to do so because no statewide statistics are kept documenting how often it really happens.  While the City of Chicago keeps track of dooring incidents, the Illinois Department of Transportation has declined to do so.  According to an article by Jon Hilkevitch at chicagobreakingnews.com, Active Trans "has asked IDOT to require law enforcement agencies to report dooring agencies," but has been rebuffed.  In response the group is considering seeking legislation that requires such record keeping the the Illinois General Assembly.  Good idea.

Justice For Chicago Bicyclist Doored Along Milwaukee Avenue

Our law firm has obtained a substantial settlement for a bicyclist doored along North Milwaukee Avenue on August 10, 2010.   The incident occurred at around 10:00 a.m. while our client was commuting to work in Milwaukee Avenue's southbound dedicated bike lane.  When he reached the 1300 block of Milwaukee, near the intersection with North Paulina Street, a motorist, whose Ford Windstar was stopped along the right hand curb, suddenly opened his door without looking for traffic in the bike lane.  The bicyclist tried to avoid a collision but his right hand struck the door causing him to crash and sustain a knuckle fracture along with numerous bumps and bruises.

Successful resolution of this matter required educating the motorist's out-of-state insurer, Geico, regarding both Illinois law and Chicago ordinance in place to protect bicyclists from dooring incidents.  Illinois statute 735 ILCS 5/11-1407 and Chicago Municipal Code 9-80-035 prohibit persons from opening vehicle doors unless it is reasonably safe to do so.

Chicago Bicyclist Doored Then Run Over By CTA Bus Expected To Survive

A bicyclist was doored then run over by a CTA bus on Friday suffering "many broken bones."  According to a relative of the man, Ali Musur, the cyclist is expected to survive his injuries.  The driver who opened his car door into the bicyclist's path allegedly fled the scene in a white convertible.

The incident took place at about 3:20 p.m.near the intersection of Clark and Arlington in the Lincoln Park neighborhood.  According to Mr. Musur, the bicyclist was riding in a bike lane when the door opened in front of him, causing the crash.  The impact threw him into the path of the northbound No. 36 Broadway CTA bus which ran him over.  The driver of the offending car left the scene apparently not knowing whether his victim was alive or dead.

If you have any information about this incident please contact Chicago Police.

The story was reported by CBS News.

Bicyclist's Story Highlights the Danger Posed By Car Doors

Getting doored scares the bejesus out of me.  I've offered tips on how to avoid it, but those suggestions are far from foolproof.  The truth is that the door that gets you is like a snake hiding in the tall grass; you never see it before it strikes.  I was interviewed by Bob Seidenberg of Pioneer Local for the piece below appearing in the Evanston Review.  It provides a horrific account of what can happen when a driver carelessly opens a door without looking.

While I don't know all of the facts, based on those recounted in the story I don't agree with the suggestion at the end of the piece that just because the driver's traffic citation was dismissed that pursuing a civil case against her is made more difficult.  One really has no bearing on the other.  I have represented cyclists in car vs. bike cases and successfully resolved the civil case even after a not guilty finding on the accompanying traffic citation.  In Mr. Saldana's case, I frankly don't understand what the driver's testimony was or even who offered it at the traffic hearing.  It sounds like her lawyer testified.  I am not sure how or why that was permitted, but it certainly would not be allowed in front of a civil jury.  The driver would have to testify on her own behalf.  Also, I don't get her explanation about reaching for an iced tea.  Was there an bottle/can/cup of iced tea located next to her vehicle that she opened her door to retrieve?  If so, it does not matter why she opened her door.  What matters is that she did so without looking for cyclists.  Or, was she reaching for her tea inside her vehicle and claims to have never opened her door at all?  Documentation (photos or repair bills) of the location of any damage to her door should shine a light on the truth.  Also, the nature of the injury to Mr. Saldana's arm itself strongly suggests that the cause was an open door.  It seems unlikely that he would have sustained the tearing injury described in the story if he just crashed into a closed car door.

In any event, thanks to Bob Seidenberg for bringing this terrible event to light.  Hopefully, it will help remind drivers to look before opening their doors.

* * * * *

By Bob Seidenberg

Carlos Saldana might have come to better terms with the accident that nearly severed his arm June 4 had he ignored the steps bike advocates are always urging for safe riding.

The 25-year-old bicyclist wasn't wearing an iPod. He wore a helmet and bright clothing, even though the accident occurred about 4:30 p.m., well before dusk.

Riding north on Asbury, he had just passed Howard Street and was riding in a shared lane for motorists and cyclists.

He was about 10 feet from a parked vehicle with four occupants.

"She (the driver) opened the door slightly to 'look,' and then opened it more, very quickly," he said. "From the one second she opened the door to one or two seconds, I couldn't avoid it."

He tried to swerve away, but his arm hit the steel door. He flew about 10 feet into the street and rolled right to his feet.

His right biceps muscle was severed to the bone.

Saldana used his shirt as a compress.

At the emergency room, doctors stitched the muscle, closing the wound with 16 staples.

Because of its suddenness, getting "doored" -- colliding with a car door opened carelessly by a driver who doesn't check the side mirror first for moving traffic -- ranks as one of the biggest concerns of urban riders.

"It is perhaps the No. 1 fear that bicyclists have in areas with heavy on-street parking," said Brendan Kevenides, an attorney who specializes in bike injury cases. "The thing that makes it so scary is that it can happen so suddenly. It can be very difficult to foresee."

The effects can prove devastating, as in Saldana's case, he said.

Significant problem

James Heller, president of the Evanston Bicycle Club, has been doored four times.

Some riders, including Heller, have taken to attaching a flashing light to their handlebars to draw motorists' attention as they approach.

They use it during the day as well.

"It catches your attention -- 'Oh, there's a bike rider,'" he said.

Several years ago, legislators made dooring a violation. Illinois law stipulates that "no person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so."

Evanston police will ticket offenders if they are at fault, said Sgt. Thomas Moore, in charge of the Evanston Police Department's traffic division. Moore is aware of several instances of cyclists being doored around the Jewel supermarket on Chicago Avenue.

"You have to be aware of your surroundings; make sure it's absolutely safe to open that door," he said.

Indeed, the officer did ticket the driver of the vehicle in Saldana's case, an elderly woman in her 60s.

The lawyer appeared in court, testifying in Saldana's behalf. In court, though, the woman changed her story, saying she was reaching down for a bottle of iced tea when Saldana's bike slammed into her vehicle's door.

The judge released her from any fine.

Saldana could still pursue civil penalties, but it may be more difficult after the ruling, which he said amounted to "a slap in the face to all bicyclists."

A Clear and Simple Way To Remind Drivers To Watch for Bikes

Every time you parallel park your car, check your mirror for bicyclists before opening your door. Every time you make a right turn, check your mirror first for a bike on your right. If you forget, you might just kill someone. Scary, but true. From time to time, however, we all need a little reminder to do the things we are supposed to do. VigilantVelo.com, a new not-for-profit endeavor, is here to help with an idea so cool and simple it might just catch on: Non-intrusive static cling decals for your side view mirrors or rear view mirrors that remind you to look for bicyclists. According to the group's website, "Proceeds of sticker sales will go to printing more and a donation to the League of American Bicyclists." While it has not officially launched yet, VigilantVelo.com hopes to have its stickers in local bike shops soon. To order them online click here. The price is $2 for 1 adhesive sticker + 1 static decal, $18 for ten of each, and $200 for two hundred of each.

Thanks to the folks at Turin Bicycle for alerting me to this.

Stylish Video Offers Reminder About The Danger Of Car Doors

Chicago bicyclists are a hardy bunch. Even in the freezing cold of winter there are plenty of bicyclists on the road. Please remember to always check your rear view mirror before exited your vehicle when you park on the street. Opening a vehicle door into a cyclist's path is extremely dangerous and can cause serious injury and even death. In the past I've written about steps bicyclists can take to avoid getting doored. Recently, I found the stylish and amusing video below on the Urban Velo website which I hope will serve as a reminder about the serious danger carelessly opened car doors present to bicyclists.