Illinois Law Needs To Better Protect Victims Of Road Rage

by Jim Freeman

Friday afternoon I first saw a video of a driver viciously attacking a cyclist during the morning commute that day. The driver can be seen in a video running and punching a cyclist. As with many cell phone videos, this one doesn’t tell the whole story.

The incident began at approximately 7:50 am Friday morning when the green Mercedes pictured in the video pulled up behind two bicyclists in a bike lane on westbound Lawrence at Oakley. Traffic was backed up on Lawrence and the Mercedes was attempting to pass traffic on the right. The light at Oakley was red, so the bicyclists and adjacent line of cars were all waiting for the light to turn green. The Mercedes pulled up behind the cyclists, pushed one into the curb and almost drove over the second cyclist in an apparent attempt to force both cyclists out of the way. As you might imagine, the cyclists yelled at the driver. The driver then accelerated quickly and blew through the red light, striking a cyclist in the process. One of the cyclists followed the driver and attempted to get him to stop. The altercation in the video ensued.

It is my experience that Chicago Police Department doesn’t take bicyclist harassment or assault seriously. Although we have handled cases in which CPD pursued a hit and run driver or a harassing driver, most of the time these actions go unpunished. We will follow up on this story to find out if CPD actually charges the driver.

I’d expect that there were some injuries sustained in this incident, but often cyclists are harassed but not physically injured. In such an instance it is my experience that the CPD often does nothing to hold the offending driver responsible. If CPD doesn’t do anything and no one is injured the victim often has trouble finding a way of holding an offender responsible for their actions, partly because the Illinois Anti-Harassment statute has no provision for civil penalties.

Los Angeles and a few other places have anti-harassment statutes that provide for civil penalties, allowing cyclists to take violators to court themselves rather than relying on police. The key to such a law is to include a provision to provide for attorney fees taxed to the defendant driver if the cyclist wins at trial. Such a provision would allow attorneys to take smaller cases or cases with no physical injury. As the law currently stands in Illinois a cyclist can pursue a driver for an assault or battery, but their recovery for compensatory damages is tied to the amount of medical bills or the value of their damaged bicycle. Further, a cyclist suing for a civil battery or assault must bear the costs associated with suing the driver. If there isn’t an injury or medical treatment the cyclist will have a very difficult time finding a lawyer to take the case because the lawyer will be unable to take a fee that would justify the time to prepare and try a civil case.

Hopefully we’ll have good news to report regarding the offender from Friday. If not, it will be another story about a driver who got away with assaulting and harassing cyclists without being held responsible. Ideally the legislators in Illinois would consider adopting a law similar to that of LA and other places. If that happens cyclists will be able to hold road-ragers and harassing drivers responsible for their actions.

Another Crazy Driver, Another Chicago Area Road Rage Incident

On Tuesday evening CBS 2 Chicago reported on a road rage incident in which a bicyclist, Tim Heath, was intentionally struck by a motorist near 2779 North Milwaukee Avenue in Chicago. Apparently, the two had gotten into an argument over lane space before the driver lost it and decided to run the biker down. He was lucky to avoid serious injury. Here is a link to the full story with video. At the end of the piece the reporter, Vince Gerasole, states that the police said that the woman agreed to turn herself in. It is unclear presently whether that has occurred and what charges she may face.

If precedent is any guide, the driver could face jail time. On Sunday I posted a story about a similar incident in which a driver intentionally struck a bicyclist in Naperville. In that matter, the driver reached a plea deal with prosecutors in which she pleaded guilty to felony aggravated battery in a public place. She was sentenced to 42 days in jail (but will serve only half that time for some reason). She is also to pay $3,252 in restitution to the bicyclist and $1,620 in fines and court costs. Let's hope that this most recent road rage incident is aggressively pursued by Chicago police and the Cook County States Attorney's Office. Hopefully CBS will also provide some follow up.

Crazy Old Woman Who Attempted To Run Down Young Bicyclist Is Headed To Jail

A 67 year old woman, Mary Rehm, who attempted to run down a teenage boy with her car as he rode his bicycle in Naperville last July is going to jail. The teenager was only unhurt thanks to his quick reflexes. He leaped from his bicycle just in time to avoid the collision which left his bicycle firmly impaled to the front of the crazy woman's vehicle. Hooray for luck and justice! Read more by clicking here. And here.

Logan Square Bicyclist May Have Been A Victim Of Road Rage

Chicago Police believe that the 32 year old bicyclist who was struck and killed by a van in Logan Square yesterday was the victim of a road rage incident between two motorists. The bicyclist, Jepson Livingston, on his way to fill out job applications. Read more from the Chicago Breaking News Center here.

L.A. Physician Convicted In Road Rage Incident

A former emergency room physician now faces up to 10 years in prison after being found guilty for causing serious injury to two cyclists in Los Angeles in a road rage incident. The motorist was accused of speeding in front of the two then intentionally braking, causing the bicyclists to slam into the back of his car. He had apparently become enraged at the cyclists for "cutting him off." Read the full story here.

Hopefully, had this incident occurred in Chicago the state's attorney's office would have been just as aggressive as their L.A. counterpart in prosecuting this matter. It is important that a strong message be sent to motorists: Share the road, or face the consequences.

How To Protect Yourself After A Road Rage Incident

In Chicago bicyclists and motorists rarely use five fingers to waive at one another. The mutual animosity that exists between these two sets of travelers is strange really. After all, most of us are both motorists and bicyclists. Yet somehow we seem to forget our other selves while operating one mode of transportation or the other. I suppose it is because while traveling on Chicago's roads, whether on bike or in car, we are trying to get somewhere as quickly and easily as possible while sharing a limited resource, usable street space.

Road rage incidents have the potential to turn out much worse for the bicyclist than for the driver. The motorist is, of course, wrapped in a cocoon of metal while the cyclist isn't. Not long ago I represented a young bicyclist who was the victim of such an incident. He was riding his bike on the right side of the road within the city when a motorist aggressively cut in front of him, nearly causing a collision. The bicyclist, pissed, rode after the vehicle, a red BMW, which eventually encountered slow moving traffic. As he rode by the car, the bicyclist wrapped the driver's passenger window and waved hello with a single finger. That should have been it. However, the driver, now also pissed, sped forward at the bicycle and struck its back wheel causing the young man to fly forward, ass-over-teakettle. His injuries were not very severe, thanks to nothing but dumb luck. Later, he contacted me to represent him against the driver, which, of course, I did.

I had one big concern in that case. Of course, making a case against the driver was easy. He seemed to have intentionally struck my client. But that was the problem. I was afraid that the driver's auto insurance carrier would deny coverage because the incident seemed to have been an intentional act. Liability insurance, including auto liability insurance, covers the insured for his or her negligent conduct, not intentional conduct. I could sue the driver and force him to look to his personal assets to compensate my client, but I was not sure the guy had any money. Sure, he was driving a nice car, but it could have been leased; it could have belonged to his parents. As it turned out we resolved the case with the motorist's insurer paying most of the settlement and the driver kicking in some additional money from his own fairly modest assets. The point I wish to make however in recalling that case is that if you are involved in an incident with a motorist be very careful when describing the events to police, witnesses and insurance companies. Do not speculate that the driver acted with malicious intent. If you are badly hurt and decide to pursue a personal injury action against the motorist, having categorized the driver's conduct as intentional may mean that his or her insurer will not cover you for your injuries. If your injuries are bad, requiring a lot of medical care, there is a low probability that the responsible motorist will have enough money or other assets to compensate you fully. There is no need for you to offer commentary when reporting a road rage incident. As they say, just the facts. Vent to your friends or family later.

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