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.  

Universal Casualty Company Tries to Deny a Left Cross.

by Jim Freeman

Years ago a girl came to me after being left-crossed by a driver at Damen and Elston.  Her injuries were severe, and she had no health insurance to pay for her medical.  The case seemed to be straight forward.  There was an independent witness who was waiting at a red on southbound Elston.  He saw the whole thing.

My client, the bicyclist, was southbound on Damen.  The bicyclist intended to proceed straight though the intersection of Damen and Elston to proceed southbound on Damen.  The hitter, northbound on Damen, entered the intersection and made a quick left turn to Northbound Elston.  In so doing he struck my client causing severe injuries and destroying the bicycle.

The driver was issued a ticket for negligent driving.  At the traffic court hearing he plead guilty to the ticket and essentially admitted fault.

We gave the driver's insurance company, Universal Casualty Company, every opportunity to do the right thing and pay their policy limits (which were woefully inadequate to satisfy my client's claim) to avoid the unnecessary burden of filing suit.  I thought the case would be easy to resolve since they basically had no defense and their client had admitted fault.  Much to my surprise, Universal Casualty Company refused to tender their policy.  As to the issue of fault, Universal Casualty Company stated, "...a bicyclist has a greater duty to maintain a proper lookout and retain control of their bicycle as they have a greater risk of harm."  I'm not kidding folks, I couldn't make this stuff up if I tried.    

We were forced to file suit.  In the end we obtained a result that was well in excess of Universal Casualty Company's policy limits. 

Chicago Bicyclist Left-Crossed By Driver, In Critical Condition

This post was updated at 11:27 a.m. to reflect that different times for the collision have been reported.

A 22 year old Chicago bicyclist was critically injured last night by driver who left-crossed him at the intersection of North Milwaukee Avenue and West Addison Street, according to CBS 2 Chicago.  The driver was cited by police for failing to yield to the bicyclist.  

The driver of the Chevrolet Suburban was driving northwest on Milwaukee at around 9:45 p.m. (The Chicago Tribune reports that the crash was at 11:30 p.m.) when he or she turned left, crashing into the male cyclist.  The man was rushed from the scene to Advocate Illinois Masonic Medical Center, a level 1 trauma center.  His present condition has not been reported.

A "left cross" occurs when a motorist turns left into a bicyclist who is riding in the opposite direction.  Under Illinois law and Chicago ordinance, the bicyclist has the right of way in this circumstance just as a motorist would.  It is one of the most common types of crashes occurring between cyclists and drivers in an urban setting.

Chicago Police Officer Gets Law Wrong, Lawsuit To Be Filed For Injured Bicyclist

The Chicago police officer at the scene got it wrong.  As a result, a lawsuit will need to be filed on behalf of a bicyclist who was struck by a turning driver at the intersection of West Chicago Avenue and North Green Street.

The cyclist, Camilo Fero, 29, was riding his Fuji Classic east on Chicago at around 9:30 a.m. on September 24, 2013.  He was on his way to work at Better Bag, an environmental business that he owns located at 325 West Huron Street.  It was a clear, dry early fall morning.  When he reached the uncontrolled intersection of Green a motorist, westbound in a 2001 Chrysler Town & Country, made a left turn through a gap that opened up in traffic.  Mr. Ferro, helmeted and riding lawfully to the right of stopped eastbound traffic, was struck by the turning minivan.  An ambulance rushed him from the scene to Northwestern Memorial Hospital with injuries to his right knee, wrist and neck.  He is expected to recover from his injuries.

The incident was a classic "left cross," one of the most common types of crashes between cyclists and drivers in urban settings.  The law as to who owns the right of way between a driver and cyclist approaching from opposite directions in an intersection is quite clear.  Chicago Municipal Ordinance 9-16-020(e) states, 

The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to a bicycle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

Also clear is the cyclist's proper position in the roadway.  Section 9-52-040 (c) states that a, "bicyclist upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as near as practicable and safe to the right-hand side of the roadway."  Also, 9-52-040(d) states, "Any bicyclist upon a roadway is permitted to pass on the right side of a slower-moving or standing vehicle..."

The eastbound cyclist in this matter was riding on the right side of Chicago Avenue, passing slower moving motor vehicles.  Because Mr. Ferro was proceeding straight ahead, it was the duty of the left-turning, westbound driver to yield.  Unfortunately, the police officer that responded to the crash scene did not know the law.  He or she wrote in the narrative section of the Illinois Traffic Crash Report that it was the cyclist that had a duty to yield.  Here is that narrative section ("Veh #1" is the bicycle):

Narrative Section of IL Traffic Crash Report

Mr. Ferro was not ticketed by the police officer, but the effect of the cop getting it wrong is significant.  Police reports like this are not admissible as evidence in litigation.  If this matter proceeds to trial the officer's opinion as to what the law is is not relevant.  However, insurance companies, when considering whether to settle a claim, place heavy emphasis on the contents of police reports.  A few weeks ago the driver's insurer sent our firm a letter stating that it is denying the bicyclist's claim because, "The police report and our insured confirm that your client failed to yield the right of way.  Your client is the proximate cause of this loss."  Therefore, a lawsuit will need to be filed so that Mr. Ferro may receive the compensation he needs to satisfy the costs, harms and losses he incurred from this incident.  

We certainly do not mind filing a lawsuit.  Bluntly, that is what we do on behalf of injured cyclists.  But it should not be necessary in a matter like this.  The issue of fault is - or should be - crystal clear.  Mr. Ferro had the right of way and the driver failed to yield, causing the crash and his injuries.  Unfortunately, because he was unlucky enough to have a Chicago police officer respond to the crash scene that did not know the law, he will need to wait an unnecessarily long amount of time to see just resolution of this matter.  I wish I could say that this sort of thing is rare.  It is not.  We often see police reports written by police officers who do not understand the law as it applies to people on bicycles.  The City of Chicago and municipalities throughout Illinois should education their police forces about the laws that pertain to bicyclists.  When the police do not know the law, justice is delayed, unnecessary lawsuits clog our courts, and the important trust between the police and citizenry is undermined.

Chicago Area Cyclist Left With Serious Facial Injuries From Intersection Collision In Evanston

The lean, 31 year old athlete was sitting across the conference room table from me when he felt the need to apologize for what he was about to attempt:  Eat.

I sat quietly as the young man reached into his backpack and pulled out a bottle of fruit juice along with a giant syringe.  Instead of a needle, attached to the end of the device was a thin tube about 12 inches long.  The man unscrewed the bottle top and pushed the tube deep into it.  He pulled the plunger until the barrel was filled completely with bright orange liquid.  He took the tube out of the bottle, stuck the end into his mouth then depressed the plunger.  Most of the liquid went to the back of his throat.  Some trickled down his chin.  He dabbed his swollen, scarred mouth with a napkin and looked at me.

"Sorry.  This is the only way I can 'eat'," he mumbled.  "I can't even use a straw."

Ever since the June 2nd collision that left him with eight missing front teeth, a broken jaw and a fractured cheek bone, Richard Breininger, has taken in all of his nourishment this way.  He faces many months of difficult, expensive treatment before he can hope to sink his teeth back into his favorite foods.  

The crash occurred at around 7 a.m. on a dry, pleasant morning as Mr. Breininger, an elite amateur cyclist, was riding his bicycle north along the right side of Chicago Avenue in Evanston.  When he approached the intersection with South Boulevard the controlling traffic light was green and he proceeded straight.  At the same time, a 29 year old woman driving a 2006 Toyota Corolla was proceeding south through the same intersection.  Apparently not seeing Mr. Breininger who had the right of way, she swung her vehicle to the left in an attempt to turn onto eastbound South Boulevard.  She nailed him head on.  The bike's front wheel fragmented upon impact.  Its fork was sheared clean off at the head tube.  The cyclist fared worse.  All of his front teeth splintering on impact with the car and the bones on the right side of his face shattered.  Later, in the hospital, he would find flecks of silvery paint from the car imbedded in his skin.  He was wearing a helmet, and never lost consciousness.  He was fully aware when he looked up from the pavement to see the young driver exit her vehicle talking on her cell phone.

An ambulance rushed Mr. Breininger from the scene to St. Francis Hospital nearby.  He remained there for a short time until he was taken by ambulance to Maywood and Loyola University Medical Center where he could receive a more thorough assessment of his severe injuries.  He is expected to undergo several surgeries in the coming months.

Mr. Breininger has retained our law firm to represent him.

Female Cyclist Left-Crossed By Taxi Driver While Riding In Lakeview Bicycle Lane

A 30 year old Chicago bicyclist was left-crossed by a taxi driver on April 5th as she rode south in the bicycle lane on North Clark Street in Lakeview.  The collision sent the female rider to the hospital with a concussion, a badly damaged shoulder and a deep gouge in her chin requiring stitches.  She remains in treatment.  The cyclist has retained my law firm to represent her.

The collision occurred at around 11:00 p.m. at the intersection of North Clark Street and West Drummond Place in the East Lakeview neighborhood.  The woman, an experienced city cyclist, was on her way home from a quiet evening with a friend in Rodgers Park.  She was riding with a bright, flashing front facing headlight and was wearing reflective clothing.  She also wore a helmet.  When she reached the t-intersection of Clark and Drummond, traffic to her left was stopped.  Without warning a taxi driver, northbound on Clark, turned left between the stopped cars then came to a halt across the southbound bicycle lane.  The cyclist had little time to attempt an emergency stop and could not avoid slamming into the side of the cab.  The impact threw her off her bike and into the road where she landed heavily on her left shoulder.  As she lay in the street with searing pain shooting through her shoulder and blood pouring from her chin she saw the taxi driver attempt to flee the scene down Drummond.  Fortunately, bystanders blocked the driver's get away until the police arrived.  

The cyclist was rushed via ambulance to Advocate Illinois Masonic Medical Center.  She was diagnosed with a concussion and received several stitches under her chin.  Though fractures were ruled out, she continues to experience pain and limited range of motion in her shoulder.  She also has numbness which radiates down the limb into her hand.  She continues to receive medical treatment and physical therapy for her injuries and has been placed on medical leave from her job working with children with behavioral problems.  She is not expected to return to her physically demanding job for at least another five weeks.

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.