Video Shows Chicago Bicyclist Right-Hooked In West Loop

Even the feeblest driver can deliver a devastating right hook from behind the wheel of a motor vehicle.  On October 2nd the driver of a grey Jeep Liberty right-hooked a man biking southbound on Des Plaines Street in Chicago.  The collision occurred at the intersection of Des Plaines and Madison Street at approximately 5:52 p.m.  The following video was produced to us by the Office of Emergency Management and Communications during the course of our investigation of the matter:

As can be seen in the video, the roads were dry and there was plenty of daylight remaining at the time of the crash.  The man on the bicycle was riding precisely where he was supposed to be, along the right side of the road.  Wearing a bright red top, he would have been visible to anyone paying attention.  The bicyclist did a darn good job of mitigating the impact by trying to swerve right.  His skillful maneuver meant that he avoided smashing headlong into the side of the vehicle, instead accepting a more glancing blow.  He is expected to recover from his injuries.  The driver never stopped, and instead sped west on Madison.  

Unfortunately, the video does not offer much to help us identify the driver.  If you have information about this incident and/or the driver please contact Brendan Kevenides of Freeman Kevenides Law Firm at 312.629.1901 or via email at brendan@fklawillinois.com.

Many Chicago motorists do not look for bicyclists on their right when turning right.  Few city cyclists would dispute that the right hook -- where a motorist turns right in front of you -- is scary and all too common.  It is one of the most feared types of incidents, second only to being "doored."  What duty does the motorist wishing to turn right owe to bicyclists?  A driver may satisfy the duty of reasonable care by doing three things:  (1)  Using a turn signal; (2)  Turning right from the right lane; and (3)  Looking right for bikes before starting to turn.  Drivers are required to perform all three in order to safety execute a right turn.

Bicycle Federation of Wisconsin

Turning right only after merging as far to the right as is reasonably possible and engaging the vehicle's turn signal provide notice to any bicyclist behind you of your intent.  Being predictable while driving (or biking) is very important to prevent crashes.  When you provide roadway users around you with notice of your intent you have given them the information they need to act appropriately.  Making sudden, capricious maneuvers is antithetical to safe driving. Many good and reasonable drivers understand signal use and do merge right before turning right. However, it seems that even otherwise conscientious motorists fail to understand that they must look in their right rear view mirrors before turning right.    In an urban setting it is possible, and even likely that a cyclist will be coming up on your right at an intersection, alleyway or driveway.  Illinois law requires bicyclists to "ride as close as practicable and safe to the right-hand curb" as possible. 625 ILCS 5/11-1505.  Also, most bike lanes in our city are along the right side of the road.  Because Illinois law and urban roadway design tend to funnel cyclists to the right, emergence of a bicyclist from a motorist's right is very likely at any given point of the roadway.  Given this foreseeability, searching right before executing a turn is an absolute requirement for safe driving.

When the driver wishing to turn right sees a cyclist coming up on the right what should he or she do?  Stop, and let the bicyclist pass on the right (as in the diagram above) before executing a turn.  The Municipal Code of Chicago states:

9-16-020(f)  Turning right in front of a bicycle

When a motor vehicle and a bicycle are traveling in the same direction on any highway, street or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.

Only when the motorist is well passed the bicyclist, or the bicyclist well passed the motor vehicle, may the driver turn right.  If the cyclist would need to stop or slow to avoid a collision, then he or she should be permitted to pedal by before a turn is executed by the motorist.

Large Trucks Should Have Guards To Protect Bicyclists, Pedestrians

A tanker truck outfitted with a guard to protect cyclists.

Right hooks are scary.  They occur when a driver turns right in front of a cyclist causing a crash.  Even scarier - and often deadly - are right hook crashes involving large trucks. The frighting potential exists for the cyclist to end up under the wheels of the truck.  

Our law firm has represented numerous bicyclists who were right hooked by a large truck.  In September, 2013 one of our clients was the victim of such an incident, getting right hooked by a large tanker truck which turned right across the bicycle lane at Milwaukee and Odgen.  The cyclist suffered a fractured and separated shoulder, but her injuries could have been much worse.  She could have been killed.  In October, 2012, one Chicago bicyclist was not so "lucky".  The man in his 50s was killed in Chicago's Noble Square neighborhood when a truck driver illegally turned right in front of him at the intersection of Ashland Avenue and Augusta Boulevard.  (Our firm does not represent the cyclist.)  These tragedies are not unique to Chicago, and now one large city has decided to adopt aggressive measures to protect cyclists from large trucks.

By the end of 2014, London will prohibit large trucks - those over 3.5 tons - from operating in the city without, "side guards to protect cyclists from being dragged under wheels, as well as mirrors to improve a driver's view of cyclists and pedestrians," according to The Guardian.  The measure was proposed in the wake of the deaths of several cyclists killed in London after being swept under the wheels of large trucks.  The measure will be enforced by on street checks and via closed circuit video cameras, The Guardian reports. There will reportedly be large fines for non-compliance.  

There has been some interest in the United States for similar measures.  In 2008, the City of Portland adopted a resolution recommending that large trucks be fitted with side guards.  While not binding policy, at least some trucks operating in the City, including city owned vehicles, were outfitted with the guards.  Also, last year the U.S. National Transportation Safety Board (NTSB), published safety recommendations that included truck side guards.  It called for the development of,

[P]erformance standards for side underride protection systems for single-unit trucks with gross vehicle weight ratings over 10,000 pounds.

Once the performance standards . . . have been developed, require newly manufactured single-unit trucks with gross vehicle weight ratings over 10,000 pounds to be equipped with side underride protection systems meeting the performance standards.

The NTSB also recommended the installation of "visibility enhancement systems to compensate for blind spots" in order to protect bicyclists and pedestrians. The recommendations came on the heels of a NTSB safety study, Crashes Involving Single-Unit Trucks that Resulted in Injuries and Deaths, which found injuries and fatalities to cyclists caused by turning heavy trucks a significant hazard.

Since 1998, large trucks in the United States have been required to have rear impact guards to protect motorists in the event of a rear end collision.  While some have questioned the overall effectiveness of the rear guards, there have been a reported reduction in fatalities since implementation of the requirement.  Now, it is the time to take similar measures to protect bicyclists and pedestrians by requiring large trucks to be outfitted with side guards.

Drivers Must Look For Bicyclists Before Turning Right

Many Chicago motorists do not look for bicyclists on their right when turning right.  Few city cyclists would dispute that the ol' right hook -- where a motorist turns right in front of you -- is scary and all too common.  It is one of the most feared types of incidents, second only to being "doored."  What duty does the motorist wishing to turn right owe to bicyclists anyway?  A driver may satisfy the duty of reasonable care by doing three things:  (1)  Using a turn signal; (2)  Turning right from the right lane; and (3)  Looking right for bikes before starting to turn.  When you've done all three, you've done your job toward protecting a bicyclist who may be on your right.

Bicycle Federation of Wisconsin

Turning right only after merging as far to the right as is reasonably possible and engaging the vehicle's turn signal provide notice to any bicyclist behind you of your intent.  Being predictable while driving (or biking) is very important to prevent crashes.  When you provide roadway users around you with notice of your intent you have given them the information they need to act appropriately.  Making sudden,capricious maneuvers is antithetical to safe driving. Many good and reasonable drivers understand signal use and do merge right before turning right. However, it seems that even otherwise conscientious motorists fail to understand that they must look in their right rear view mirrors before turning right.    In an urban setting it is possible, and even likely that a cyclist will be coming up on your right at an intersection, alleyway or driveway.  Illinois law requires bicyclists to "ride as close as practicable and safe to the right-hand curb" as possible. 625 ILCS 5/11-1505.  Also, most bike lanes in our city are along the right side of the road.  Because Illinois law, and urban roadway design tend to funnel cyclists to the right, emergence of a bicyclist from a motorist's right is very likely at any given point of the roadway.  Given this foreseeability, searching right before executing a turn is an absolute requirement for safe driving.

When the driver wishing to turn right sees a cyclist coming up on the right what should he or she do?  Stop, and let the bicyclist pass on the right (as in the diagram above) before executing a turn.  The Municipal Code of Chicago states:

9-16-020(f)  Turning right in front of a bicycle

When a motor vehicle and a bicycle are traveling in the same direction on any highway, street or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.

Only when the motorist is well passed the bicyclist, or the bicyclist well passed the motor vehicle, may the driver turn right.  If the cyclist would need to stop or slow to avoid a collision, then he or she should be permitted to pedal by before a turn is executed by the motorist.

It is important to note that bicyclists do not have to pass a motor vehicle on the driver's right at an intersection.  Since bicyclists are especially vulnerable users of the roadway, Illinois law permits cyclists options when navigating an intersection.  Section 11-1505 permits bicyclists to merge from the right-hand curb, "When approaching a place where a right turn is authorized."  The bicyclist may pass a right turning vehicle on the left -- like a car might -- when it is safe to do so.  Of course, conditions may not permit such a maneuver, and the safest approach may require staying along the right of the roadway.