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.

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.

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.

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."

How To Avoid Getting Doored

Few things scare urban bicyclists more than the threat of being doored. This term refers to what happens when a vehicle's door swings open into the path of a oncoming bike. Obviously, injury or death are often the end result of an unavoided dooring. The thing that makes this threat so frighting is the suddenness with which it usually occurs. Both Illinois and Chicago law speak to this threat: "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. . ." 625 ILCS 5/11-1407, 9-80-035. The City of Chicago even imposes a $150 fine for doing so. The penalty increases to $500 if a collision results. 9-4-025. Additionally, if a bicyclist is injured from a dooring incident a civil personal injury lawsuit may be filed against the wrongdoer.

But I would rather not have you as a client. There are things a cyclist can do to help avoid getting doored:

1. Don't ride too close to parked vehicles: This can be tricky. Your ability to ride outside of the "dooring zone" will depend upon the amount of space between parked vehicles and moving vehicles. That space will depend on factors such as whether the roadway contains a shoulder or bicycle designated lane. If conditions permit, you should ride at least three feet away from parked vehicles. Doing so will probably not take you out of the door zone (the average car door is nearly 5 feet wide), but it should help you swerve to avoid contact with a swung open door.

2. Give taxis a wide berth: When at all possible just stay the hell away from taxi cabs. Exiting passengers do not have mirrors with which to see an oncoming bicyclist, and few will crane their necks to look before opening the door. Any stopped taxi is a dooring incident waiting to happen. If at all possible swing way wide of them.

3. Look for signs: There are tell tale signs that a door may be about to open into your path. Look inside vehicle ahead of you. Look for figures moving inside that mean that the vehicle is occupied. Look in the side view mirror. You may be able to see the driver of the car, and whether he or she is looking at you.

4. Announce your presence: To help avoid a dooring at night you should ride with a blinking yellow or white light mounted on the front of your bicycle. A blinking light will help distinguish you from all of the other sources of illumination that exist in an urban setting. With a light, those drivers who do choose to look before opening their doors will have sufficient warning of your presence. Also, when riding day or night, if you see a door creeping open don't be shy about giving a loud holler to the doorer (doorist?). Do whatever you can to announce your presence.

5. Control your speed: Alter your speed based upon the risk posed from dooring. If you are riding through a tight spot with numerous parked cars to your right, slow down. Sometimes you just will not have the space to swerve away from an opening door and you will need to stop to avoid a collision. Be aware of the potential for danger and act accordingly.

Dooring usually ends badly. That obvious fact noted, always ride relaxed. Riding in constant fear of what could or may happen to you is no fun and will probably increase your chances of getting into some sort of accident. Excessive fear tends to lead to bad decision making on the road (and, if I may, in life in general). However, you should ride aware of the dangers that exist. By doing so you will likely enjoy a lifetime of safe, fun urban cycling.

Click here to watch a dooring video made in Chicago.