Defendant, Chicago Police Officer's Claim To CBS News That Bicyclist "Did Not Have The Right Of Way" Is Nonsense

Tina Danzy was doored by a police officer while
in the bike lane near the Chicago Police Department
Headquarters on S. Blue Island

On Saturday, CBS Chicago reported on a lawsuit our firm filed on behalf of Tina Danzy who was doored by a Chicago police officer. Somewhat surprisingly, the officer involved gave an interview to the CBS reporter claiming that Ms. Danzy "did not have the right of way."  We were not contacted to comment on the story.

The collision occurred on April 10, 2014 at around 4:50 p.m.  The weather was clear and pleasant.  The sun was still shinning.  Ms. Danzy, a very experienced city cyclist, was riding her bicycle in the clearly marked, dedicated bicycle lane southwest on South Blue Island Avenue.  When she reached 1412 South Blue Island, the police officer who had parked her vehicle along the curb to the right of the bike lane suddenly opened her door into Ms. Danzy's path.  The door sprung opened so quickly that there was nothing she could do to avoid it.  She sustained a deep facial laceration requiring sutures and injuries to her tailbone, thigh and right hand.

The idea that Ms. Danzy "did not have the right of way" is nonsense.  Bicyclists have the right to travel along the right side of roadways in Chicago and utilize the bike lanes provided for that purpose.  Drivers on the other hand have a duty, under both the Illinois Vehicle Code and the Municipal Code of Chicago to look before opening their doors.  The Municipal Code states:

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, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Police officers have the same duty as the rest of the citizenry to follow the law.  The officer who injured Ms. Danzy failed to look for bicycle traffic in the bike lane which she undoubtedly knew was immediately to the left of her vehicle.  As a result, she caused the crash and the resulting injuries.

As noted, we have filed a lawsuit against the officer and her employer, The Chicago Police Department, and intend to get our client compensated for the harms inflicted upon her and losses she has experienced, including the medical bills she has incurred and cannot afford to pay. 

Chicago Police Department, Officer Held Accountable For Injuring Bicyclist

A Chicago Police Department SUV

A settlement has been reached between a 59 year old female bicyclist and the Chicago Police Department for injuries she received when an officer cut her off on the City's Lake Front Path.  After the crash Chicago police ticketed the woman for allegedly damaging the Department's SUV.  Our law firm filed a lawsuit on the cyclist's behalf and negotiated resolution of the case with Department lawyers.

The incident occurred where the Lake Front Path is intersected by South Larabiba Drive on the City's South Side.  At around 7:00 a.m. on November 2, 2011, the woman, an experienced cyclist, was riding southbound on the Path on her way to the South Shore Cultural Center.  The weather was slightly overcast, but was dry with good visibility.  At the intersection with Larabiba, she crossed with the light in her favor traveling at 10 or 11 miles per hour.  At that location, East Marquette Drive runs parallel to the Lake Front Path.  An on-duty police officer was traveling north on Marquette in a 2009 CPD Chevy Tahoe.  When he reached Larabiba Drive he turned right directly into the path of the southbound bicyclist. The front of the woman's bike struck the side of the SUV, the collision throwing her hard to the ground.  She was taken from the scene to the University of Chicago Hospital via ambulance.  She was diagnosed with a two fractured ribs, a punctured lung and with injuries to her hip and back.

Liability for the incident was denied by the Chicago Police Department which accused the woman of being at fault for causing her own injuries.  Immediately following the crash, several other police officers arrived at the scene and the bicyclist was ticketed for damaging the the Department's vehicle with her bike.  The bicyclist called us and we filed a lawsuit against the Department and the officer seeking compensation for the woman's injuries.  Not surprisingly, during his deposition the police officer testified that he turned on a green light and did nothing wrong.  Much of the case centered around the officer's in-vehicle video recording system.  The Department vehicle was equipped with a dashboard video camera.  However, despite our requests, the Department was unable to turn over any video which may have shed light on how the crash occurred. The Department contended that for some reason the dashboard camera was not working at the time of the crash and turned over documents to us which it said demonstrated that fact.  We demanded that we be permitted to take the deposition of the person in the Department most familiar with the video recording system.  During that deposition, the Department's own employee testified that the dash cam definitely was working a few days before the crash.  He could not say that it was not operational at the time of the incident, that generally the in-vehicle video system is always on and recording and that if video was taken of the collision it should have been preserved.  We believe that this potentially damning testimony helped bring the Defendants to the bargaining table.  The case settled for $85,000.00.

. . . And the ticket the cyclist received for supposedly denting the Department vehicle was thrown out.

Chicago Police Officer Behaves Badly, Nearly Nails Bicyclist In Bike Lane (Video)

Sadly, sometimes the police behave badly around bicyclists.  This weekend a reader of this blog forwarded a video to me of himself being cut off by a Chicago police officer driving a department SUV.  As you will see, the cyclist was riding in a clearly marked, dedicated bike lane when the officer suddenly turned right in front of him.  Some heads up braking by the cyclist was the only thing that averted a crash.

The near miss was what we commonly refer to as a right hook, and is one of the most common types of motorist versus cyclists incidents.  It occurs when a driver, traveling in the same direction as the bicyclist, suddenly turns in front of the cyclist at an intersection.  It is an illegal maneuver and a violation of Chicago Municipal Ordinance 9-16-020(f) which states that a driver, "shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle."  The officer also failed to operate his or her turn signal, another violation of local ordinance and the Illinois Vehicle Code.

Hopefully it goes without saying that police officers are subject to the law like everyone else.  Our firm has filed lawsuits against the CPD where its officers have caused crashes with cyclists.  The officer driving the SUV depicted in the video was very lucky that the bicyclist he or she never saw was paying attention and was able to take quick, evasive action.

Chicago Police Officer Gets Law Wrong, Lawsuit To Be Filed For Injured Bicyclist

The Chicago police officer at the scene got it wrong.  As a result, a lawsuit will need to be filed on behalf of a bicyclist who was struck by a turning driver at the intersection of West Chicago Avenue and North Green Street.

The cyclist, Camilo Fero, 29, was riding his Fuji Classic east on Chicago at around 9:30 a.m. on September 24, 2013.  He was on his way to work at Better Bag, an environmental business that he owns located at 325 West Huron Street.  It was a clear, dry early fall morning.  When he reached the uncontrolled intersection of Green a motorist, westbound in a 2001 Chrysler Town & Country, made a left turn through a gap that opened up in traffic.  Mr. Ferro, helmeted and riding lawfully to the right of stopped eastbound traffic, was struck by the turning minivan.  An ambulance rushed him from the scene to Northwestern Memorial Hospital with injuries to his right knee, wrist and neck.  He is expected to recover from his injuries.

The incident was a classic "left cross," one of the most common types of crashes between cyclists and drivers in urban settings.  The law as to who owns the right of way between a driver and cyclist approaching from opposite directions in an intersection is quite clear.  Chicago Municipal Ordinance 9-16-020(e) states, 

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.

Also clear is the cyclist's proper position in the roadway.  Section 9-52-040 (c) states that a, "bicyclist upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as near as practicable and safe to the right-hand side of the roadway."  Also, 9-52-040(d) states, "Any bicyclist upon a roadway is permitted to pass on the right side of a slower-moving or standing vehicle..."

The eastbound cyclist in this matter was riding on the right side of Chicago Avenue, passing slower moving motor vehicles.  Because Mr. Ferro was proceeding straight ahead, it was the duty of the left-turning, westbound driver to yield.  Unfortunately, the police officer that responded to the crash scene did not know the law.  He or she wrote in the narrative section of the Illinois Traffic Crash Report that it was the cyclist that had a duty to yield.  Here is that narrative section ("Veh #1" is the bicycle):

Narrative Section of IL Traffic Crash Report

Mr. Ferro was not ticketed by the police officer, but the effect of the cop getting it wrong is significant.  Police reports like this are not admissible as evidence in litigation.  If this matter proceeds to trial the officer's opinion as to what the law is is not relevant.  However, insurance companies, when considering whether to settle a claim, place heavy emphasis on the contents of police reports.  A few weeks ago the driver's insurer sent our firm a letter stating that it is denying the bicyclist's claim because, "The police report and our insured confirm that your client failed to yield the right of way.  Your client is the proximate cause of this loss."  Therefore, a lawsuit will need to be filed so that Mr. Ferro may receive the compensation he needs to satisfy the costs, harms and losses he incurred from this incident.  

We certainly do not mind filing a lawsuit.  Bluntly, that is what we do on behalf of injured cyclists.  But it should not be necessary in a matter like this.  The issue of fault is - or should be - crystal clear.  Mr. Ferro had the right of way and the driver failed to yield, causing the crash and his injuries.  Unfortunately, because he was unlucky enough to have a Chicago police officer respond to the crash scene that did not know the law, he will need to wait an unnecessarily long amount of time to see just resolution of this matter.  I wish I could say that this sort of thing is rare.  It is not.  We often see police reports written by police officers who do not understand the law as it applies to people on bicycles.  The City of Chicago and municipalities throughout Illinois should education their police forces about the laws that pertain to bicyclists.  When the police do not know the law, justice is delayed, unnecessary lawsuits clog our courts, and the important trust between the police and citizenry is undermined.

Two Chicago Wards Will See Increased Enforcement Of Bike Rules

Beginning this Friday, August 7th, Chicago Police and Mayor Daley's "Bicycling Ambassadors" will be hitting the streets of the city's 25th and 44th wards searching for "teachable moments" for cyclists and motorists. These areas include Pilsen and Lake View. Warnings will be issued to cyclists who run red lights and tickets will be issued to motorists who stop or park in bike only lanes. Read the full story in the Chicago Sun Times.