Quick Thinking Chicago Bicyclist Snaps Photo of Vehicle That Hit Him, Helps His Own Case

He thought he got away with it.

When the driver of an Infiniti SUV struck a Chicago bicyclist earlier this year, fracturing his collar bone, he chose to flee.  What he did not count on was the bicyclist, a 35 year old Chicago pastry chef, having the wherewithal to snap a photo of his license plate.  This enabled the police to quickly track down the driver and cite him for failing to exercise due care to avoid hitting a bicyclist.  The cyclist's quick thinking also helped us as his attorneys secure for him a sizable settlement.

The collision occurred at around 7 p.m. on February 12, 2015 on Chicago's northwest side. The bicyclist was riding home from work southbound near 5562 North Lincoln Avenue.  The weather was cold, but dry.  Though the cyclist did not have a headlight on his bike, his helmet had reflective properties and the area was very well lit.  He was riding on the right side of the road.  When he passed in front of a curb cut for the parking lot of a 7-Eleven store, the driver of a 1999 Infiniti QX4, northbound on Lincoln, suddenly made a left turn into the lot.  When he did he smashed into the bicyclist, "t-boning" him.  The driver, who had numerous past moving violations, did not help the badly injured cyclist.  When it became clear that he was about to take off, the cyclist pulled out his smartphone and snapped a photo of the vehicle's license plate.  With the plate number Chicago police officers who arrived at the scene went to work locating the driver.  The bicyclist was loaded into an ambulance and taken to Swedish Covenant Hospital.  He was diagnosed with a right clavicle fracture.

The bicyclist eventually hired our law firm to represent him against the driver.  After several months of work we were able to secure a settlement with the driver's insurer, GEICO, 4 1/2 times greater than his medical bills.

There are a few interesting points here.  Firstly, the importance of riding with a device of some kind that can take pictures, a smartphone, camera or GoPro type device, and using it if something bad happens, cannot be overstated.  Had our client not photographed the vehicle's plate the driver likely would have faced no repercussions for his conduct.  Though there are many video cameras positioned throughout Chicago, most do not reproduce images of sufficient quality to enable the police or us to make out a plate number.  Secondly, if the driver flees and is caught the repercussions will be far greater.  Had the driver stuck around we still would have resolved the case successfully, but GEICO undoubtedly understood that they had to pay more because the driver left the scene.  Thirdly, though all bicyclists are required by Illinois law to ride with at least a front facing headlight at night, not having one does not necessarily preclude recovery.  The crash occurred in a very well lite area and the bicyclist wore a helmet with reflective properties.  Despite his lack of a headlight, the driver should have seen him.

Bicycle Light and Camera Combination May Be Just What Cyclists Need

Lights, camera, Fly6

When drivers believe they are being watched they are more likely to behave themselves.  That is the principle, or at least the hope, behind a new project called Fly6, a rear mounted video camera and tail light for bicycles.

The project is in the development stage and a Kickstarter campaign is underway to help the innovative device to mass production.  Fly6 is the invention of two Austrialian cyclists, Andrew Hagen and Kingsley Fiegert of Perth.  It is a battery operated, rechargeable red flashing tail light that fastens to the rider's seat post just like many other rear facing lights on the market.  The difference is that the light is accompanied by a tiny, high definition video camera that records what is happening to the cyclist's rear.  It records on a two hour loop, meaning that after two hours of run time, the camera starts to record over earlier footage.  In the event of an incident, the camera's microSD card can be removed to download the footage for permanent safekeeping.

Having viewed the Fly6 Kickstarter page, my first impression is that this is a potentially brilliant product.  As a super bright tail light it helps the cyclist be seen by motorists.  Increasing one's visibility is without a doubt the best way to avoid getting hit in the first place.  The Fly6 also notifies rear approaching drivers that they are being watched thanks to the accompaniment of small, bright spinning lights that operate when it is recording.  The camera itself seems to be of high quality, good enough hopefully to record a license plate in the event of an incident.  The size and ease of use of the product seem ordinary enough that use of the Fly6 would not add hassle to the daily bike commute or recreational ride.

Here is a video from the Fly6's Kickstarter page:

Urban Bicyclists May Finally Get A Witness

Fort Tree Bikes

Can I get a witness?! Well, yes.  Cycling accessory manufacturer Cat Eye has come up with a handlebar mountable video and still camera, dubbed the "Inou", that can be used to record and track your ride.  While other manufacturers have created similar devices there are a couple of things I really like about this one.  First, it can take both video and still photos automatically at intervals that you can choose.  Secondly, it has a GPS tracking device built in and records your location throughout your ride.  You can view your route after your ride by logging onto the integrated computer application Cat Eye has created for the device.  Thirdly, the Inou detaches from the included handlebar mount quickly and easily, just like a typical headlight.  This feature is a must for urban bicyclists who would have to take the device with them after locking up.  Finally, the Inou is pretty small and non-obtrusive, again making it practical to use daily in the urban setting.

One of the biggest challenges in representing bicyclists in litigation against motorists is finding a witness.  The motorist and the bicyclist rarely seem to agree on how a crash occurred.  Since the victim has the burden of proof in personal injury litigation, if a witness cannot be found to support the bicyclist's version of events the case may be a lost cause.  A handlebar mounted camera could, in many circumstances, tip the scales in the bicyclist's favor by revealing exactly what happened.  Dooring incidents and intersection crashes could be documented by a front facing camera.  Other "action cameras" I've seen are good, but frankly impractical for daily city use.  They've tended to be too big, too bulky and too difficult to take with you.  Cat Eye may have come up with a viable option that could help the city cyclist protect his or her rights in the event of an accident.

I have not used the Inou myself, but I would certainly love to hear from anyone who has to learn whether the device actually lives up to its promise.  Below is a video from Interbike 2010 demonstrating some of the Inou's features:

An Electronic Solution To A Bicycle Litigation Problem

The most challenging aspect of handling bicycle crash cases is securing witness testimony that corroborates the cyclist victim's description of how the incident occurred.  Often no one but the parties involved actually saw how the crash happened.  In my experience, most bike crashes occur when a cyclist is out riding alone, rather than with a group so there is no one to backup his or her version of events.  However, there is at least one solution to this problem:  the wearable/bike mountable video camera.  With one of these things mounted on your helmet or handlebars a video record may be created to combat the defendant's version of what happened.  I know, pedaling around town with a video camera on your head seems a little (a lot?) dorky.  But these things are small, really small.  Some models are about the size of a modern, detachable bike headlight. Some models can be attached directly to your bike's handlebars.  Once you get where you are going and lock your bike up, simply detach the camera, throw it in your bag and take it with you.  If you are involved in a wreck with one of these cameras you will have preserved a valuable piece of evidence that may help you and your attorney latter.