Taxi Driver Flees Crash With Chicago Bicyclist, Later Pays

Tilek Tulemyshev in an
undated photo

A taxi driver who fled the scene after striking a Chicago bicyclist from behind in Wicker Park could not escape accountability.  The driver, Tilek Tulemyshev, and the cab company, Best Cab Corp, have paid $300,000 to the injured biker, a 33 year old airline attendant, following a lawsuit filed against them by FK Law.

On September 10, 2011 the female cyclist was riding northbound on North Damen Avenue with her husband and a friend.  When the three reached Damen's intersection with West Webster Avenue they stopped for a red light.  At the same time, Mr. Tulemyshev was stopped along the curb to their right picking up a fare.  When the light turned green the bicyclists began pedaling across the intersection. The taxi also accelerated forward.  Upon reaching the middle of the intersection, Mr. Tulemyshev crashed into the rear of the woman's bike throwing her into the street where he then ran her down. The woman's husband screamed for him to stop.  He did for a moment.  He then threw the taxi into reverse and stomped on the accelerator driving the taxi backwards back into the intersection where he rammed another vehicle.  With the terrified fare still in the cab, Mr. Tulemyshev then put the car in drive and sped east on Webster.  A block or two later he abruptly stopped, let his passenger escape then drove off.

The bicyclist was left with scrapes and bruises over much of her body.  More significantly, she suffered torn cartilage in her left knee requiring surgery.  Her injuries left her unable to work for a significant period of time.  She incurred over $60,000 in medical bills.

Despite undeniable negligence by the driver, he and his attorneys initially refused to compensate our client for the harm he caused.  Instead they asserted that her knee injury was the result of a skiing accident years before the crash.  That earlier incident caused tears to her left anterior cruciate ligament and medial meniscus.  However, for years before the 2011 crash she was symptom free and lived a healthy, active life.  She regularly ran and rode her bicycle without pain.  That changed after being hit by the taxi.  Our challenge was to succinctly demonstrate that the crash was the cause of her ongoing knee problem.  It was complicated.  The first orthopaedic specialist that evaluated her felt that the crash had only resulted in a sprain to the knee.  However, another specialist examined film of her knee and determined that while ACL and meniscus tears preexisted the crash, that at least the injury to her meniscus was exacerbated by the collision and was a very significant factor in her knee problems since.

The evidence regarding her knee injury was solid, but the defense seemed to view it as nuanced. They continued to refused to offer what we and our client felt was reasonable compensation.  Then, two things happened which seemed to tighten the screws.  First, Mr. Tulemyshev, at first cooperative during litigation, disappeared.  Neither his attorneys nor we could locate him.  He never did submit himself for a deposition in the case.  Secondly, we filed and won the right to add a count to the lawsuit seeking punitive damages.  The vast majority of personal injury lawsuits filed in Illinois seek only compensatory damages, that is, money to compensate the victim for the harm caused.  Punitive damages are rarely provided for and are meant to punish a wrongdoer.  The approval of a judge is necessary even to allow a jury to consider providing for punitive damages.  Once we argued for and receive that approval in this case, the defense finally saw the light and did the right thing.

Victim of Left Cross Compensated $490,000

On a pleasant April morning last year a 59 year old Chicago accountant was riding his bicycle to his accounting job.  He was obeying the law and wore a helmet.  He was a very experienced city cyclist, typically spending thousands of miles each year in the saddle.  Those factors did not prevent one foolish driver from plowing into him causing very serious injuries.

At around 10:20 a.m. on April 14, 2013, the bicyclist was riding southbound in a marked bicycle lane on Broadway Street in Chicago with a solid green traffic indication.  At the same time, the 24 year old driver of a 2012 Dodge Charger, travelling northbound on Broadway attempted a left turn onto westbound Grace crashing into our client.  The impact was heavy.  His heavy steel bicycle was destroyed.  The man suffered fractures to both lower bones of his left leg, a torn left meniscus, a fractured left hand and a broken nose.  He underwent several surgeries to treat his injuries and spent months in a wheelchair.  

The driver was ticketed by Chicago police at the scene for failing to yield to a bicyclist under Section 9-16-020(d) of the Municipal Code of Chicago which states:

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right‑of‑way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard, but said driver, having so yielded may proceed at such time as a safe interval occurs.




Months after the crash, we accompanied the cyclist to traffic court, making sure that he was prepared to testify against the driver.  His presence at the hearing compelled the driver to plead guilty to the charges against him.  That admission of guilt could have been used against the driver if the civil personal injury case went to trial.

We later secured a settlement from the driver's insurance company for the full amount of his coverage, $100,000, plus $1,600 for the damage to his bicycle.  Thankfully, our client's own auto insurance policy had a high underinsured motorist limit.  Though he was not driving at the time, we were able to secure a $390,000 settlement from our client's auto insurer bringing the total settlement to over $490,000.

Our client has made a good recovery.  His left knee is still periodically painful.  His comfortable walking speed is about half of what it was prior to the crash.  He also has yet to achieve full flexibility of his left hand.  However, he is back on his bicycle, and remains physically active.  This is not luck.  Rather, his recovery is attributable to his own good health, his internal fortitude and excellent healthcare.  

What Really Happened To Chicago Bicyclist "Rescued" By The Mayor

The Chicago bicyclist who was struck by a turning tanker truck on North Milwaukee Avenue last Tuesday is grateful to Mayor Rahm Emanuel, his security staff and the numerous other nearby cyclists who immediately came to her aid.  Today, our law firm was retained by the injured woman to represent her against the driver.

Some media sources covering this story focused primarily on the Mayor's involvement, and were cavalier or dismissive about the bicyclist's injuries and the facts of the crash.  Prior to the collision, the 29 year old female cyclist was riding southeast on Milwaukee Avenue.  She stopped in the clearly marked, dedicated bicycle lane when she reached the red light at intersection with West Ogden.  At that location, there is a right turn lane next to the curb, a four foot wide bike lane and a through lane.  The cyclist waited at the light with the huge truck stopped to her left in the through lane.  There was one cyclist ahead of her at the light.  When the light turned green she proceeded.  The truck driver, apparently not noticing the cyclists next to him, swung his vehicle right onto Ogden.  When he did, the truck's front wheels slammed into the woman.  The rider was thrown to the ground and under the truck.  The driver apparently did not realize what had happened and continued forward.  Numerous nearby cyclists shouted and banged on the truck to get the driver to stop.  Luckily he did before the truck's rear wheels rolled over the downed rider.

The video below was recorded by the dash board camera of a witness traveling in the opposite direction, northwest on Milwaukee. The tanker truck is clearly seen turning right from the through-only lane, its front wheels striking the cyclist in light colored clothing.  The video captures well the enormous amount of bicycle traffic along Milwaukee Avenue at that time of day.

As has been reported, the Mayor was nearby in a coffee shop and came running when he heard the crash. He comforted the woman and brought her to his vehicle, giving her water and a chance to collect herself. Medical personnel arrived quickly to the scene and tended to deep, bloody cuts to her left leg.  Her right shoulder was painful and becoming hard to move.  The Mayor asked a member of his security detail to drive her to the hospital.  She was taken to Northwestern Memorial Hospital right away.  She was diagnosed with a separated right shoulder and a fracture.  The wounds to her left leg were stitched closed and dressed.

Despite media reports to the contrary, Chicago police made a report of the crash.

The injured cyclist is still receiving medical care.  Later this week she will have the stitches removed from her injured leg.  Her right arm is immobilized and painful.  She will follow up with an orthopedic physician.

IDOT Driver Strikes, Injures Pregnant Chicago Woman Riding Divvy Bike

Life was good when the 34 year old woman left her East Village home on the morning of September 3rd. It was warm and sunny as she checked out a Divvy bike from a station near her home.  She planned a leisurely ride to her office on Michigan Avenue where she worked as a financial planner.  She learned the day before that she was pregnant with her and her husband's second child.  She felt great.

A driver with the Illinois Department of Transportation spoiled her serenity when he slammed his truck into her.  The woman was hit as she pedaled east on West Augusta Boulevard in the intersection with North Ashland Avenue.  She had been riding in dedicated bicycle lane on Augusta.  Just after she crossed into the intersection, the traffic light controlling eastbound traffic turned from green to yellow. She entered the intersection legally.  She pedaled across Ashland's two southbound lanes.  In most Chicago intersections it takes three seconds for a traffic signal to go from yellow to red.  After she crossed the center line, the northbound driver, who had not stopped at the intersection, crashed into her right side, throwing her several feet.  

The bicyclist was knocked unconscious by the impact and suffered deep wounds to her face and other parts of her body.  Her right foot was fractured.  An ambulance arrived quickly and rushed her to Resurrection Saints Mary and Elizabeth Medical Center nearby.  Numerous tests thankfully ruled out a major head injury. The helmet she was wearing probably had something to do with that. Also, her pregnancy, thus far, seems unaffected, though the fear and anxiety she is experiencing cannot be understated.

The Divvy bike was demolished.

Our law firm has been retained to represent the bicyclist.

51 Year Old Chicago Bicyclist Struck By Young Driver Whose View May Have Been Obscured

A 51 year old man was struck by a car while riding his bicycle at the intersection of North Sacramento Avenue and West Lawrence Avenue in Chicago on May 7th.  The heavy collision left the cyclist with injuries to his right leg and head.

The collision occurred at around 7:20 p.m.  The bicyclist was riding his cruiser bicycle at a slow rate of speed south on Sacramento.  He entered the intersection with Lawrence as the light controlling southbound traffic was turning from green to yellow.  Before he made it completely through the intersection the light turned to red.  At the same time, in an attempt to perhaps get a jump on the light, a young driver in a 2011 Kia Optima passed another vehicle waiting at the light on eastbound Lawrence on the right.  Emerging from the right side of the other vehicle, he crashed into the cyclist.  A witness, stopped in his own vehicle on westbound Lawrence, said that the Kia was in the process of accelerating through the intersection when the crash took place.  Photographs taken at the scene of the vehicle involved revealed that the driver's seat was reclined nearly all the way back when the collision occurred.  Questions exist as to whether the driver's seat position made it difficult for him to see as he emerged into the intersection.

The cyclist remains in physical therapy treatment due to his injuries.

My law firm has been retained to represent the bicyclist.

Two Chicago Area Bicyclists Killed One Day Before Remembrance Ride

On a day when bicyclists around the world will honor fellow cyclists killed by drivers, the Chicago area is mourning the death of two cyclists.  A woman in her 30s and an 83 year old man were killed in separate incidents about 12 hours apart yesterday.  Both were riding their bikes when they were struck by motorists.

At around 9:00 a.m. yesterday the woman, whose name has not been reported, was struck and killed "crossing Higgins Road at the exit ramp from northbound Route 53" in Schaumburg, according to the Daily Herald.  The Herald reported that according to Illinois State Police "witnesses differed as to whether the driver had exited the ramp and turned east or had been driving on Higgins" at the time of the crash.  The intersection is close to the Busse Woods Bicycle Trail.

Leonard Ratajczyk, 83, was struck and killed at around 9:10 p.m. by the driver of a 2011 Chevrolet Malibu as he rode his bicycle in the 7800 block of West Irving Park Road, according to The Chicago Sun-Times.  Both cyclist and driver were traveling westbound at the time of the crash, the Sun-Times reported.  The driver was cited for "for failure to reduce speed."

Tonight is the 10th Edition of The Ride of Silence.  Started in 2003, the event, which takes place at locations all around the world, consists of a slow remembrance ride in honor of bicyclists killed and injured by motorists.  Chicago's edition begins at 6:00 p.m. at the Richard J. Daley Center.  The ride will depart at 6:45 p.m. and proceed about 8 miles past the several ghost bikes installed around the city.  All are encouraged to attend.

Settlement For 20 Year Old Bicyclist Struck By Elderly Driver In Lakeview

The left cross inflicted serious damage, a fractured nose, broken tooth and facial scaring on the young woman's face.  It wasn't a thrown punch that caused the injuries but the careless maneuver of a left turning driver.  Now my firm has successfully resolved the cyclist's claim against the driver for a substantial sum, compensating for her medical bills, the dental work she still needs and for her other harms and losses.

At around 5:00 p.m. on January 16th the 20 year old photography student was struck by a 74 year old driver who was attempting to turn left from northbound Lincoln onto westbound Barry in Lakeview.  He claimed to have not seen the cyclist, but we were able to demonstrate that she would have been easily visible. The collision occurred during early twilight and there was plenty of natural light left as photos taken at the scene revealed.  The front corner of the vehicle hit the left side of the bicycle flipping the rider onto the hood where her face bounced off of the cold metal before she was thrown to the street.  She was rushed via ambulance to Advocate Illinois Masonic Medical Center nearby.  Though treated and released, she continues to undergo dental care for a badly damaged tooth.  She still has small scars under her lip and nose from the crash.

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.