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. 

Another Bicyclist Injured Near Chicago's "Most Crash-Prone" Intersection

Milwaukee, Ogden and Chicago

Another Chicago bicyclist has been injured near the intersection of North Milwaukee Avenue and Odgen Avenue.  At around 6:30 p.m. on April 5th a 41 year old male cyclist was struck by a left turning motorist as he rode northbound in the Milwaukee Avenue bike lane, about 30 feet south of the intersection with Ogden.  Northbound traffic was backed up in the main travel lane when the driver of a southbound 1999 Nissen turned left, squeezing between northbound traffic, to enter the parking lot of the CVS Pharmacy located at the intersection.  When she did she slammed into the left side of the cyclist throwing him onto the hood of the vehicle, then to the street where he suffered a fractured rib.  The cyclist was wearing a helmet and his bike was properly equipped with an operating headlamp.

My law firm has been retained to represent the injured cyclist. Initially, the driver stopped and apologized for striking him.  She offered her name, address and telephone number.  However, she refused to provide him with auto insurance information and left the scene when he pressed her for it.  We are in the process of tracking her down.

The intersection of Milwaukee and Ogden, which is also intersected by Chicago Avenue, is generally considered one of the most treacherous in Chicago.  At the same time, it is a part of the busiest corridor for cyclists, especially bicycle commuters, in the city.  A investigative piece appearing in the Chicago Sun-Times in September, 2012 called that intersection "the most crash-prone" in the city.  The article noted 38 crashes between motorists and cyclists or pedestrians between 2005 and 2010.  Streetsblog writer and bicycle advocate Steven Vance has also documented how crash prone the intersection is.  I have personally represented several cyclist injured at that intersection.  

Resolution Reached For Chicago Bicyclist Struck By Indiana Driver

A successful resolution has been reached with an Indiana driver that struck a bicycle delivery rider in June, 2012.  The 24 year old bicyclist, who is still treating for a badly fractured arm, will receive the full amount of the driver's insurance policy.  My law firm represents the cyclist who has undergone two surgeries to treat the fracture of his dominant arm and who is still receiving rehabilitative therapy.

The collision occurred at perhaps one of the best lit intersections in the city, Chicago Avenue and Dearborn Street.  At around 9:00 p.m. on June 18th the bicyclist was riding westbound on Chicago Avenue when he was struck by the eastbound, left turning driver, near the heart of the tourist district.  The motorist, a 28 year old woman from Indiana, claimed that she did not see the cyclist on his white bicycle, in the middle of the intersection.  The bicyclist and driver both had green lights at the time of the crash.  The front of the 2002 Nissan Maxima struck the bike just behind the rider's left leg.  City ordinance requires left turning drivers to yield to bicyclists approaching from the opposite direction.

The heavy and unexpected impact send the cyclist flying north.  He landed hard on the edge of the curb badly fracturing his right arm. The crash also sliced open his left leg.  An ambulance transported him to Northwestern Memorial Hospital.

City Cyclist Struck By Left Turning Indiana Driver On Chicago Avenue

It happened at perhaps one of the best lit intersections in the city, Chicago Avenue and Dearborn Street.  At around 9:00 p.m. on June 18th a 24 year old male bicyclist was riding westbound on Chicago Avenue when he was struck by an eastbound, left turning driver, near the heart of the tourist district.  The motorist, a 28 year old woman from Indiana, claimed that she did not see the cyclist on his white bicycle, equipped with a flashing light and reflectors, in the middle of the intersection.  The bicyclist and driver both had green lights at the time of the crash.  The front of the 2002 Nissan Maxima struck the bike just behind the rider's left leg.  City ordinance requires left turning drivers to yield to bicyclists approaching from the opposite direction.

The heavy and unexpected impact send the cyclist flying north.  He landed hard on the edge of the curb badly fracturing his right arm. The crash also sliced open his left leg.  An ambulance transported him to Northwestern Memorial Hospital where he received an extensive workup, including an arm splint and several stitches to his bloody leg.  It is not yet clear whether surgery will be necessary to aid the healing of his arm.  Regardless, an active summer is out of the question for the hobbled young man.

My law firm has been retained to represent the bicyclist.

The Unseeing Eyes Of Motorists

Motorist need to get something straight: I didn't see Mr. or Ms. bicyclist, is not a defense. It is an indictment. This week we will file a lawsuit against a motorist that struck a bicyclist on West Montrose Avenue, near Homer Park, in Chicago in October, 2009. I am anticipating a justification I've heard before, the old "unseeing eye" defense. It is often raised in intersection cases and it goes little something like this: The motorist asserts that he or she entered the intersection while carefully looking in all directions before beginning to turn. No bicyclists were seen. As the motorist executes his or her turn, however, the bicyclist materialized, seemingly out of nowhere. The defense asserts that the collision itself notwithstanding, the motorist was careful, not negligent and, therefore, should not be held responsible for the bicyclist's injuries. This was just one of those things. . .

In our client's case, he was approaching a T-intersection created by Montrose and a driveway at Homer Park when he was struck by a motorist turning left into the park from the opposite side of Montrose. Section 9-16-020(e) of Chicago's municipal code gives the bicyclist the right-of-way over a left turning vehicle coming from the opposite direction. Yet, the putative defendant has been incredulous at the notion that she is responsible. She apparently told a witness at the scene that she never saw our client. She stated to the bicyclist in a subsequent voice mail message, "I'm sorry, but I don't believe I'm at fault... Best advice I can give you is 'be more careful'." Evidently, she is of the opinion that since she never saw our client on his bicycle -- she looked but did not see -- she should not be held responsible for the damage she caused. Nonsense.

Long ago, Illinois courts recognized the impotence of claiming to have looked but not seen. In 1965, the Appellate Court of Illinois, Second District, stated,

"It is well settled that one may not look with an unseeing eye and be absolved of the charge of negligence by asserting that he maintained a continuous lookout, yet failed to see that which he clearly should have seen."

Payne v. Kingsley, 59 Ill.App.2d 245 (2nd Dist. 1965)

Often in my experience the reason offered by the motorist for having not seen the bicyclist is no justification. Traffic was blocking my vision. The sun was in my eyes. My van's support beam obscured my vision. Lame, and of no legal consequence. Folks, when you are operating a motor vehicle you must be able to see where you are going. You must be able to visualize all potential areas from which bikes, cars, pedestrians, motorcycles, etc. may emerge. If you cannot, then you may not proceed.

Two Options For Left Turning Bicyclists In Illinois

Making a left turn on a bicycle in urban traffic can be a little scary at times. Generally, bicyclists are required to ride as far to the right as possible on the roadway. Turning left might mean crossing into a regular lane, the realm of motorized traffic. Luckily, Illinois law offers bicyclists some flexibility when it comes to turning left.

Let's use the intersection of Milwaukee Avenue and Armitage Avenue in Chicago to illustrate how to make a legal left:


View Larger Map

The view above is from northbound Milwaukee Avenue approaching its intersection with Armitage. Riding our virtual bicycles, we wish to turn left onto westbound Armitage. Under Illinois law, we have two options for doing so. Section 11-1510 of the Illinois Vehicle Code states:

(a) A person riding a bicycle or motorized pedalcycle intending to turn left shall follow a course described in Section 11-801 or in paragraph (b) of this Section. (emphasis added)

Option 1 (Sec. 11-801): If traffic permits, you may take the extreme left lane of northbound Milwaukee Avenue, in this case the designated left turn lane, and turn as a car would. The law states that, "Any person operating a bicycle . . . upon a roadway at less than the normal speed of traffic . . . shall ride as close as practicable to the right-hand curb or edge of the roadway except . . . When preparing for a left turn at an intersection or into a private road or driveway." 625 ILCS 5/11-11-1505. (emphasis added) Pedaling along the right edge of northbound Milwaukee, you may merge into traffic to the left turn lane as you begin to approach the intersection. Section 11-801(2) states:

The driver of a vehicle [bicycle] intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

Simple, right? You have the same rights and responsibilities as a motor vehicle when it comes to turning left. That point noted, it is sometimes just plain dangerous and frightening to merge across lanes of moving motor vehicle traffic on a bicycle. Recognizing that, Illinois law provides a second option.

Option 2 (Sec. 11-1510 b): This option does not require taking the left lane of Milwaukee Avenue at all. Instead, we would pedal our virtual bike in the right lane of Milwaukee Avenue across Armitage, assuming of course the traffic light is green in our favor. We would then position ourselves in front of Walgreens, facing westbound on Armitage. The best place would probably be to the right and a bit in front of the red minivan in the photo above. After doing so we would wait for the light controlling traffic on Armitage to change before proceeding west. Section 11-1510(b) states:

A person riding a bicycle. . . intending to turn left shall approach the turn as close as practicable to the right curb or edge of the roadway. After proceeding across the intersecting roadway to the far corner of the curb or intersection of the roadway edges, the bicyclist. . . shall stop, as much as practicable out of the way of traffic. After stopping the person shall yield to any traffic proceeding in either direction along the roadway such person had been using. After yielding, the bicycle. . . shall comply with any official traffic control device or police officer regulating traffic on the highway along which he intends to proceed, and the bicyclist. . . may proceed in the new direction.

Option #2 is probably the safer approach but may not be the fastest way to make a left turn. Of course, if you get into a bicycle accident you may not go anywhere quickly for quite some time. The approach you take should depend on the intersection, traffic conditions and your skill and comfort level as an urban cyclist. Remember, that just because you have the legal right to do something does not mean that you should. In a bike accident, the cyclist usually loses.