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.

Elderly Motorist Strikes 20 Year Old Bicyclist In Lakeview

It was early twilight on a grey winter Wednesday, plenty of light left. As the 20 year old woman rode her bicycle southbound on North Lincoln Avenue, across the intersection with West Barry Avenue, she easily saw the red Dodge coming the other way.  The vehicle was beginning to turn left.  Surely he sees me, she thought.

At around 5:00 p.m. on January 16th the young photography student was struck by the 74 year old driver who was attempting to turn left from northbound Lincoln onto westbound Barry in Lakeview.  He would later claim to have not seen the cyclist, though she would have been easily visible.  The front corner of his vehicle hit the left side of the bicycle flipping its rider onto the hood where her face bounced off of the cold metal before she was thrown to the street.  When she leapt to her feet, adrenalin surging, blood was pouring from her broken nose and mouth.  An ambulance rushed her to Advocate Illinois Masonic Medical Center nearby.

My law firm has been retained to represent the bicyclist.  Her face is healing but she continues to endure dental work to fix her broken teeth.

It is no defense in our state for a driver to say that he looked but did not see.  Since at least 1965, the Illinois appellate court has held that the unseeing eye defense is no defense at all.

Bike Like A Butterfly

The "unseeing eye" defense, though long ago discredited by Illinois courts, nevertheless crops up again and again in bicycle cases.  I've noted before that "I didn't see you" is an indictment of negligence, rather than a defense.  However, from the bicyclist's perspective, the goal is to not get hit in the first place.  Toward that end a British company has developed a possible solution, The Bike Butterfly.  Check it out, and happy Friday;-)

I totally stole this from Urban Velo.

Bicyclist Injured In Bucktown By Motorist Who May Have Grown Impatient With Congestion

A 44 year old Chicago bicyclist was struck by an SUV and injured while on his way home from work on February 2nd in the Bucktown neighborhood.  The cyclist was riding southbound in the dedicated bike lane on North Damen Avenue at around 6:20 p.m. when he was hit.  The driver was stopped in traffic along southbound Damen when, perhaps growing impatient with the congestion, he suddenly peeled-off to the right in an attempt to turn onto West Willow Street hitting the cyclist.  The motorist did not signal his impending maneuver and claims that he did not see the bicyclist who was riding with an operating light on the front of his bike and lights attached to his wheel valve stems.  Also in the SUV was the driver's wife and child.  They told the cyclist they were on their way to the United Center for an ice skating show.

Despite the cyclist's split second effort to avoid the collision, the SUV banged into his left knee, the impact throwing him to the ground.  Immediately following the crash, the bicyclist attempted to stand but was unable to put any weight on the injured knee.  He was transported via ambulance from the scene to Resurrection St. Mary's Medical Center.  He is still undergoing treatment.  My personal injury law firm is representing the bicyclist.

The Unseeing Eyes Of Motorists

Motorist need to get something straight: I didn't see Mr. or Ms. bicyclist, is not a defense. It is an indictment. This week we will file a lawsuit against a motorist that struck a bicyclist on West Montrose Avenue, near Homer Park, in Chicago in October, 2009. I am anticipating a justification I've heard before, the old "unseeing eye" defense. It is often raised in intersection cases and it goes little something like this: The motorist asserts that he or she entered the intersection while carefully looking in all directions before beginning to turn. No bicyclists were seen. As the motorist executes his or her turn, however, the bicyclist materialized, seemingly out of nowhere. The defense asserts that the collision itself notwithstanding, the motorist was careful, not negligent and, therefore, should not be held responsible for the bicyclist's injuries. This was just one of those things. . .

In our client's case, he was approaching a T-intersection created by Montrose and a driveway at Homer Park when he was struck by a motorist turning left into the park from the opposite side of Montrose. Section 9-16-020(e) of Chicago's municipal code gives the bicyclist the right-of-way over a left turning vehicle coming from the opposite direction. Yet, the putative defendant has been incredulous at the notion that she is responsible. She apparently told a witness at the scene that she never saw our client. She stated to the bicyclist in a subsequent voice mail message, "I'm sorry, but I don't believe I'm at fault... Best advice I can give you is 'be more careful'." Evidently, she is of the opinion that since she never saw our client on his bicycle -- she looked but did not see -- she should not be held responsible for the damage she caused. Nonsense.

Long ago, Illinois courts recognized the impotence of claiming to have looked but not seen. In 1965, the Appellate Court of Illinois, Second District, stated,

"It is well settled that one may not look with an unseeing eye and be absolved of the charge of negligence by asserting that he maintained a continuous lookout, yet failed to see that which he clearly should have seen."

Payne v. Kingsley, 59 Ill.App.2d 245 (2nd Dist. 1965)

Often in my experience the reason offered by the motorist for having not seen the bicyclist is no justification. Traffic was blocking my vision. The sun was in my eyes. My van's support beam obscured my vision. Lame, and of no legal consequence. Folks, when you are operating a motor vehicle you must be able to see where you are going. You must be able to visualize all potential areas from which bikes, cars, pedestrians, motorcycles, etc. may emerge. If you cannot, then you may not proceed.