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.

Three Illinois Bicycle Fatalities this week; Two were Hit-and-Runs.

By Jim Freeman

The Chicago Tribune reported that a man was struck and killed in Waukegan early Tuesday morning.  Jack Henderson was riding his bicycle near the intersection of Washington Street and Martin Avenue when he was struck by a green sedan driven by an unknown driver wearing a red shirt or jacket.  Nearby video camera caught the suspected hit-and-run driver as the driver fled eastbound on Washington Street.  

On Monday a cyclist was killed in Alexander County.  The bicyclist was struck by the mirror of a Buick when the vehicle passed the bicyclist.  As a result of being struck by the mirror the bicyclist lost control and was struck and killed by another vehicle.  The driver of the Buick was cited for, “improper overtaking of a bicycle.”  I suspect this means the driver was cited for violating the Illinois three foot passing law.

Finally, we posted earlier this week about the death of Jose Gomez, who was allegedly struck and killed by Daniel Wehr in Des Plaines, Illinois.  Wehr was driving a SUV and was working for United Airlines at the time of the collision.  He was identified because his license plate fell off and remained at the scene after Wehr fled.   

Hit-And-Run Driver Leaves License Plate at Scene

By Jim Freeman

Daniel Wehr

CBS is reporting that a bicyclist was killed in Des Plaines last night by a hit-and-run driver.  Apparently, the driver was a United Airlines employee driving a company SUV.  At approximately 9:40pm the SUV, allegedly driven by United Airlines worker Daniel Wehr struck a bicyclist, 25 year old Jose Gomez of Des Plaines.  The collision occurred on Algonquin Road just West of Mount Prospect Road.  Wehr is alleged to have fled the scene.  When he was taken into custody at the United Airlines facility approximately six hours after the accident, he reportedly told police he didn't see Gomez until after the collision had occurred.

One aspect of this hit-and-run that is common is the fact that the driver left his plate at the scene.  This actually happens a lot in hit-and-run collisions.  We have handled at least a half a dozen hit-and-run collisions in which the driver fled the scene leaving his license plate behind.  License plate frames tend to break when a car strikes another object causing the license plate to fall off.  This has been instrumental in a number of cases to locate and identify the driver.  We once had a driver claim the plate was stolen before the hit-and-tun collision occurred, but through investigation we determined that the driver had reported the plate stolen three days after the collision and had purchased a replacement plate the same day.

Schaumburg Bicyclist Left With Serious Head Injuries After Being Struck By Hit and Run Driver

A 52 year old Schaumburg bicyclist was left in serious condition after he was struck by a driver that fled the scene, according to the Daily Herald.  The collision occurred at the intersection of West Wise Road and Cranbrook Drive in Schaumburg at around 2:43 p.m. on Saturday.  Police are still looking for the driver of a white two door sports car with damage to its right front fender which may have caused the crash, according to The Chicago Tribune.  Anyone with information about the crash should contact the police at 847.348.7055.

The bicyclist was left with "serious head injuries" and was taken to Alexian Brothers Medical Center, according to the Daily Herald.  Few details of how the crash occurred have been report though the cyclist is believed to have been riding on Wise Road, a designated bicycle route, when he was hit.

Injured Illinois State Cyclists Receive Compensation, Chicago Driver Gets Prison

Tracey Brent, now an inmate at
the Logan Correction Center

They never saw it coming.  Suddenly there was chaos and carnage, broken bicycles and bodies strewn everywhere.  Two summers ago, a 40 year old professor at Illinois State University was leading a group of a dozen students on a bike ride on Chicago's Southwest Side when a driver blasted through the group from behind then fled the scene.

Our law firm was retained to represent two of the injured cyclists, the professor, and one of the female students.  Their personal injury cases have now settled and the driver is behind bars.

On August 4, 2012 at around 11:00 a.m. the professor was leading a group of some dozen riders in the "Bike To Build Community" bike tour.  The ride was a part of a student immersion program for teacher education students at Illinois State where students teach in summer schools, complete service projects at community organizations, take seminars and classes and live with host families in partner neighborhoods.  The bike tour was meant as a means of exploring and getting to know the neighborhood.  The ride began at around 10:30 a.m.  The group passed several points of interest before they continued through a quiet resident area north on Green Street, just north of West 77th Street.  As they approached the end of the block, without warning Tracey Brent came barreling through the group in her Honda Quest mini-van striking many of the cyclists.  She did not stop, but proceeded down the rest of the street before jumping over a curb and up an embankment to some train tracks.  Several of the riders where injured and sent to nearby hospitals.  Two of the riders who were not struck raced after the van and managed to snap a photo of its license plate.

Both of our clients' injuries were serious, though, thankfully, not life altering.  The 40 year old man sustained fractured ribs and injuries to his neck and lower back.  The young student sustained a broken wrist, fractured teeth and numerous cuts and abrasions to her face.  She was knocked unconscious at the scene.  Not surprisingly (at least not to us) was that the driver did not have auto insurance.  Illinois requires all motorists to carry auto insurance coverage.  However, many drivers in Chicago flout the law.  We, therefore, made claims with our clients' own auto insurance carriers under the uninsured motorist provisions of their policies.  These provisions generally apply to protect cyclists, and even pedestrians, who are injured by uninsured drivers, even though they themselves were not operating a motor vehicle.  In Illinois, insurers may not raise the insurance rates of their insureds who utilize the uninsured motorist provisions of their own policies.  We are able to secure for our clients the full amounts of applicable insurance.

Thanks to the quick reactions of two of the riders in the group, the Brent was captured and subsequently charged with numerous violations.  On May 31, 2013 she was sentenced to five years in prison.  Now she is prisoner #R89625 at the Logan Correctional Center in Lincoln, Illinois.  She received credit for time served.  Her projected parole date is December 24, 2014.

Bicyclist Suffers Multiple Fractures Following Logan Square Hit and Run

A 35 year old bicyclist is still suffering the painful effects of being struck by a hit and run driver on the night of February 21, 2013.  The crash occurred at the intersection of West Logan Boulevard and North California Avenue in the city's Logan Square neighborhood at around 11:00 p.m.  

The cyclist was riding in the right westbound lane when he entered the intersection, the light green in his favor.  He had a bright white light flashing on the front of his bike.  When he reached the middle of the intersection an eastbound vehicle turning left smashed into the cyclist's rear wheel throwing him onto the car's hood, according to another cyclist who witnessed the incident,   The victim and witness both say that immediately after the crash the driver stopped, got out of his vehicle, said he was sorry, then got back into his car and drove away.  In pain and in shock, the bicyclist had the wherewithal to snatch the car's license plate number before the driver got away.  My law firm has been retained to represent the cyclist and is in the process of tracking down the driver.

The collision occurred not far from the victim's home.  The cyclist who witnessed the crash played the role of good samaritan and helped bring the injured man and his crumpled bicycle back to his apartment where the police were called.  As the night progressed, and the initial shock and adrenalin rush started to abate, the pain came.  Smartly, the cyclist got himself to a nearby immediate care clinic where he was diagnosed with a fractured rib, broken collar bone and broken scapula.  His recovery is proceeding slowly.

Chicago Police Officer Charged With Felony For Striking, Seriously Injuring Bicyclist Then Lying About It

Felony charges have been filed against a Chicago police officer for striking a bicyclist with his pick-up truck on August 3rd then fleeing the scene, according to The Chicago Tribune.  The officer was off-duty at the time of the crash, reports The Chicago Sun-Times.  The bicyclist suffered serious injuries to her head and lower extremities.

The incident occurred at around 3:25 a.m. near the intersection of California and Wabansia in Humboldt Park.  The officer, Michael Bergeson, a nine year veteran, was allegedly driving his Ford F150 when he struck the female cyclist who was riding with her boyfriend.  The impact reportedly sent the woman over the hood of the vehicle then onto the street.  The Sun Times reports that she was bleeding from the head and was in and out of consciousness at the scene.

Mr. Bergeson allegedly called 911 then fled the scene as the ambulance approached, striking two parked cars as he did so, according to The Tribune.  His vehicle's license plate was retrieved at the scene.  Two days after the crash, he allegedly made a false traffic report blaming the bicyclist for causing the crash.  Prosecutors from the Illinois States Attorneys Office have filed charges against the officer for leaving the scene of an accident and for disorderly conduct stemming from filing a false report, according to The Tribune.  Both charges are felonies.  Today bail was set at $25,000.

Mr. Bergeson will appear in court again on December 20th.

Bicyclist Killed In Pilsen Was A Gifted Musician; Driver Charged With Reckless Homicide, DUI

The bicyclist killed by a hit and run driver in Pilsen on Tuesday morning was 30 year old Fredrick Kobrick of the 1700 block of South Desplaines.  A reader of this blog informs me that Mr. Kobrick was a gifted artist involved with a music project "Geometric Temples."

The name of Mr. Kobrick's alleged killed has also been released.  38 year old Ignacio Ramirez, who initially fled the scene, has been charged with reckless homicide and aggravated DUI stemming from the incident.

Police Searching for Silver SUV That Struck, Killed 8 Year Old Riding Bicycle In Front Of Her Home

Eight year old Mariela Crisostomo died early this morning of injuries suffered when she was struck by a hit-and-run SUV as she rode her bicycle in front of her home in Chicago Lawn.  Mariela lived with her parents on a quiet street on the 3300 bock of West 62nd Place.  Her parents only allowed her to ride near her home which they felt would keep her away from motor vehicle traffic.  Yesterday, however, the female driver of a gray or silver SUV violated the serenity of the neighborhood, crashing into young Mariela so hard that she was thrown off her bicycle and underneath a parked car.  Neighbors who witnessed the horrifying scene saw the woman speed away from the collision.  Police are still looking for the driver.

This story was reported by William Lee of the Chicago Tribune.  Read the full article here.

Chicago Police Searching For Tanker Truck Which May Have Been Involved In Hit and Run Death of Bicyclist

Chicago police are looking for a "semi truck with a tanker and red extended cab" that may have been involved in an incident on the South Side that left a bicyclist dead on Monday night, the apparent victim of a hit-and-run.  The Chicago Sun-Times reports that the truck was last seen speeding eastbound on Pershing Road at around the time the man was struck.  The victim, Robert Felice, 65, was found lying dead in the eastbound lanes "with a heavily damaged bicycle" in the 300 block of West Pershing Road by a city snowplow driver.

If you have any information regarding this matter please contact the Chicago Police Department or the city's 311 non-emergency line.

Update (1:55 p.m.):  Mr. Felice was know locally as "The Florida Fisherman," having resided in Florida with his mother before moving to the Bridgeport area.  He is survived by two sons, Robert, Jr. and Anthony, who are , I'm told, as yet unaware of their father's death.

Chicago Bicyclist Left For Dead In Street After Apparent Hit-And-Run, CPD Investigating

Found by a snowplow driver, a bicyclist lay dead in the street this morning on the city's South Side, the apparent victim of a hit-and-run.  The man, probably in his 40s, was found in the 300 block of West Pershing Road.  The Chicago Police Department's Major Accident Investigation Unit is investigating.

Read more here.

Deceased Bicyclist May Have Been Victim of Vehicle Hit and Run

A 49 year old man, Greg Buckner, may have been the victim of a vehicle hit-and-run crash along the 8400 block of South South Chicago Avenue last night.  Chicago police are asking for witnesses to come forward.  Apparently, Mr. Buckner was found by a passerby at around 11:30 p.m. Thursday.  He was pronounced dead at Advocate Christ Medical Center a short time later.  It is not clear why police believe the bicyclist to have been victim of a collision with a motor vehicle.  Read the rest of the story here. 

Police Looking For Motorist That Struck And Killed Northwest Suburban Bicyclist

Police are looking for a vehicle, possibly a Chevrolet, with front end damage that struck and killed a bicyclist in Stone Park, Illinois last night.  The victim, Marina Gonzalez, 47, was riding her bicycle not far from her home near the 1800 block of Mannheim Road in the northwest suburb.  The motorist fled the scene following the incident.  Anyone with information about the driver is urged to contact the police department at 708.450.3215.

No details about how the accident happened have been reported.

Update On Supposed Hit and Run Involving Chicago Bicyclist

For the past day and a half many in Chicago's bicycle community have been concerned about a supposed hit and run on Tuesday evening that left a bicyclist dead or dying in the street at Lawrence and Kimball.  The event was posed by Chicago Redeye blogger, Goatking, who described a horrible scene he apparently witnessed first hand.  Turns out that the story was quite different than was reported.  At the request of concerned bicyclists the Active Transportation Alliance investigated and learned the following:

The person mentioned in the “Goat King” blog was not struck by a car but actually fell off of her bike around 11pm.

Active Trans staff did some research regarding the cyclist mentioned in this blog. According to the 17^th Police District, the only traffic accident reported in that area on July 27, 2010, occurred at 11pm at 3318 W. Lawrence. There was a cyclist who had fallen off of her bike and was taken to the hospital where she was treated for a bump to the head. Initial reports into 911 speculated that a vehicle was involved, but the statement that the cyclist gave the police negated that fact. No fatalities or other bicycle related incidents occurred in that area on that date.

I'm not sure what Goatking was thinking in speculating about what had happened.  What is even more disturbing is that a main stream media source, Chicago Redeye/Chicago Now, allowed this falsity to be published on its website.

Tragic Hit and Run Leaves Chicago Cyclist Unconscious

A hit and run motorist left a female bicyclist laying unconscious in the street near the intersection of Kimball and Lawrence last night, according to Chicago Redeye blogger, Goatking.  In his first hand account, the blogger describes a "gruesome" scene in which the woman lay seemingly dead in the street near "the wreck of metal that was once her bike" with her "groceries still strapped onto the handlebars" as police and EMTs worked to care for her.  Click here to read Goatking's post.

Hit and Run Limousine Driver Attacked For Striking Bike Messenger

A New York City bicycle messenger had enough yesterday and allegedly chased down a driver that had struck him and kept going. Upon catching up to the vehicle, a limousine, he allegedly shattered the vehicle's windshield and gave the driver a black eye. "He hit me and kept going," he told the New York Post. "I'm sick of this." While I do not condone the bicyclist's conduct, I am not surprised that he responded in the way he allegedly did. Many urban bicyclists are sick and tired of drivers acting cavalierly with their lives and with the seeming indifference some police officers have regarding bike accidents. Until these two things change, and until our traffic infrastructures better accommodate bicycles, I am afraid more incidents like this are likely, especially in places like New York and Chicago.

The story I have linked to is from the New York Post. It is a terribly written piece which blatantly favors the driver's point of view. There seems to be little acknowledgment or sympathy for the fact that the bicyclist was hit by a car! In any event, here is a link to the full story.

Thanks to Kelvin Mulcky for making me aware of this story.