Quick Thinking Chicago Bicyclist Snaps Photo of Vehicle That Hit Him, Helps His Own Case

He thought he got away with it.

When the driver of an Infiniti SUV struck a Chicago bicyclist earlier this year, fracturing his collar bone, he chose to flee.  What he did not count on was the bicyclist, a 35 year old Chicago pastry chef, having the wherewithal to snap a photo of his license plate.  This enabled the police to quickly track down the driver and cite him for failing to exercise due care to avoid hitting a bicyclist.  The cyclist's quick thinking also helped us as his attorneys secure for him a sizable settlement.

The collision occurred at around 7 p.m. on February 12, 2015 on Chicago's northwest side. The bicyclist was riding home from work southbound near 5562 North Lincoln Avenue.  The weather was cold, but dry.  Though the cyclist did not have a headlight on his bike, his helmet had reflective properties and the area was very well lit.  He was riding on the right side of the road.  When he passed in front of a curb cut for the parking lot of a 7-Eleven store, the driver of a 1999 Infiniti QX4, northbound on Lincoln, suddenly made a left turn into the lot.  When he did he smashed into the bicyclist, "t-boning" him.  The driver, who had numerous past moving violations, did not help the badly injured cyclist.  When it became clear that he was about to take off, the cyclist pulled out his smartphone and snapped a photo of the vehicle's license plate.  With the plate number Chicago police officers who arrived at the scene went to work locating the driver.  The bicyclist was loaded into an ambulance and taken to Swedish Covenant Hospital.  He was diagnosed with a right clavicle fracture.

The bicyclist eventually hired our law firm to represent him against the driver.  After several months of work we were able to secure a settlement with the driver's insurer, GEICO, 4 1/2 times greater than his medical bills.

There are a few interesting points here.  Firstly, the importance of riding with a device of some kind that can take pictures, a smartphone, camera or GoPro type device, and using it if something bad happens, cannot be overstated.  Had our client not photographed the vehicle's plate the driver likely would have faced no repercussions for his conduct.  Though there are many video cameras positioned throughout Chicago, most do not reproduce images of sufficient quality to enable the police or us to make out a plate number.  Secondly, if the driver flees and is caught the repercussions will be far greater.  Had the driver stuck around we still would have resolved the case successfully, but GEICO undoubtedly understood that they had to pay more because the driver left the scene.  Thirdly, though all bicyclists are required by Illinois law to ride with at least a front facing headlight at night, not having one does not necessarily preclude recovery.  The crash occurred in a very well lite area and the bicyclist wore a helmet with reflective properties.  Despite his lack of a headlight, the driver should have seen him.

Behold The "Helmet Of Justice," Wearable Tech For Bicyclists

Helmet of Justice

It seems that wearable tech will be the next-big-thing, what with the buzz surrounding Google glasses and products like the Jawbone Up.  Tech studio Chaotic Moon is joining the march toward the future with the "Helmet of Justice," wearable technology for bicyclists.  The concept is quite brilliant really:  Take a skate style helmet and fit it with seven tiny cameras that activate in a crash.  The idea developed as a means to create a video record should the cyclist be involved in a crash.

Locating the means to corroborate a bicyclist's version of events following a crash is one of the biggest challenges I commonly face representing cyclists.  Sometimes witnesses are available.  Often they are not.  Riding with a video camera is a great way to protect your rights should you be the victim of a careless driver.  A video recording may demonstrate just how a crash occurred.  It may capture the license plate of a hit and run driver.  However, a camera, even a small one, is just one more piece of gear you need to schlep with you when riding your bike.  A helmet is something many urban cyclists ride with anyway.  Having one that can preserve valuable evidence following a crash would be fantastic.  I am not aware of anyone testing the "Helmet of Justice," so I do not know if it will live up to its promises.  For it to be a truly viable option for the urban cyclist it will need to be light, comfortable, durable and reliably function as advertised.  It would also need to be reasonably priced.  The company developing the helmet expects it to sell for about $300.  Not bad. . . if it truly delivers.

Video Shows Benefits Of Riding With A "Cyclecam"

I have noted before that one of the biggest challenges that comes with representing victims of bicycle accidents is finding a witness that can back-up the cyclist's version of events.  One solution, is to ride with a video camera affixed to your bike or helmet.  Recently, the BBC did a very nice piece about just that, detailing how some riders are using the devices with positive effect in London.  Check it out below.

Cheers to Rudolf G. Burger who posted a link to the video on The Chainlink, to Alleycat Fixed Gear for supplying the video, and to the BBC for creating it.

Urban Bicyclists May Finally Get A Witness

Fort Tree Bikes

Can I get a witness?! Well, yes.  Cycling accessory manufacturer Cat Eye has come up with a handlebar mountable video and still camera, dubbed the "Inou", that can be used to record and track your ride.  While other manufacturers have created similar devices there are a couple of things I really like about this one.  First, it can take both video and still photos automatically at intervals that you can choose.  Secondly, it has a GPS tracking device built in and records your location throughout your ride.  You can view your route after your ride by logging onto the integrated computer application Cat Eye has created for the device.  Thirdly, the Inou detaches from the included handlebar mount quickly and easily, just like a typical headlight.  This feature is a must for urban bicyclists who would have to take the device with them after locking up.  Finally, the Inou is pretty small and non-obtrusive, again making it practical to use daily in the urban setting.

One of the biggest challenges in representing bicyclists in litigation against motorists is finding a witness.  The motorist and the bicyclist rarely seem to agree on how a crash occurred.  Since the victim has the burden of proof in personal injury litigation, if a witness cannot be found to support the bicyclist's version of events the case may be a lost cause.  A handlebar mounted camera could, in many circumstances, tip the scales in the bicyclist's favor by revealing exactly what happened.  Dooring incidents and intersection crashes could be documented by a front facing camera.  Other "action cameras" I've seen are good, but frankly impractical for daily city use.  They've tended to be too big, too bulky and too difficult to take with you.  Cat Eye may have come up with a viable option that could help the city cyclist protect his or her rights in the event of an accident.

I have not used the Inou myself, but I would certainly love to hear from anyone who has to learn whether the device actually lives up to its promise.  Below is a video from Interbike 2010 demonstrating some of the Inou's features:

An Electronic Solution To A Bicycle Litigation Problem

The most challenging aspect of handling bicycle crash cases is securing witness testimony that corroborates the cyclist victim's description of how the incident occurred.  Often no one but the parties involved actually saw how the crash happened.  In my experience, most bike crashes occur when a cyclist is out riding alone, rather than with a group so there is no one to backup his or her version of events.  However, there is at least one solution to this problem:  the wearable/bike mountable video camera.  With one of these things mounted on your helmet or handlebars a video record may be created to combat the defendant's version of what happened.  I know, pedaling around town with a video camera on your head seems a little (a lot?) dorky.  But these things are small, really small.  Some models are about the size of a modern, detachable bike headlight. Some models can be attached directly to your bike's handlebars.  Once you get where you are going and lock your bike up, simply detach the camera, throw it in your bag and take it with you.  If you are involved in a wreck with one of these cameras you will have preserved a valuable piece of evidence that may help you and your attorney latter.