Video Identifies Cause of Crash That Injured Bicyclist On Milwaukee Avenue

She could not believe that she just rode her bike into the side of a taxi.  But as she regained consciousness laying in the street, that is what the men standing over her said she did.

On the evening of April 27, 2013, a 26 year old woman was riding her bike in the dedicated bicycle lane near 1165 North Milwaukee Avenue when she crashed.  It was about 9:45 p.m.  The weather was perfect.  Her bike was equipped with operating front and rear lights, and she wore a bright white cycling helmet.  She also had an orange messenger bag slung over her shoulder.  She was a very experienced city cyclist and understood well how to ride safely at night.  The woman had eaten dinner before heading out to meet up with some friends.  She had not ingested any alcohol.  As she rode northwest on Milwaukee there was a taxi cab to her left and a row of parallel parked cars to her right.  With frightening suddenness she found herself waking from unconsciousness on the hard pavement.  Her head hurt.  Her right leg was cut deeply and pain pulsed through her knee.  The upper portion of her right arm was painful as well.  An ambulance arrived at the scene and rushed her to a nearby hospital.

The woman came to our firm seeking representation.  She believed that some part of the taxi entered the bike lane, causing her to crash into the side of the vehicle.  We had seen cab drivers cause crashes in that way before.  Still, we needed to find some corroborating evidence.  Unfortunately, there did not seem to be any video cameras in the area that could have recorded the crash.  Perhaps whoever called 911 following the collision saw what happened.  When we received a response to our Freedom of Information Act request for a copy of the City's 911 log we saw that the call had some from the office of a nearby apartment building.  We phoned the security office there and eventually tracked down the person, a security guard, who had called 911.  Unfortunately, he did not see the crash.  A dead end.

There was a single independent witness identified in the police report, a man whose car was parallel parked along the curb at the site of the crash, just to the right of the bike lane.  He had apparently told police at the scene that the woman just, "lost control of her bike and she fell off and struck" the taxi.  That did not make much sense.  Why would an experienced cyclist suddenly lose control and crash for no apparent reason?  We felt it likely that the cab driver pulled into the bike lane and caused the crash.  We wrote to the cab company and informed it that we represented the bicyclist in a potential claim against its driver.  What happened next was pretty typical; a call from the cab company's representative denying responsibility.  But, not so typically, we were informed that the driver had a camera mounted on his dashboard which recorded video of the incident that supposedly vindicated him.  We invited them to send us a copy, and to our surprise they did.  It was awesome, providing us with the evidence we needed to pursue the person who really caused the crash, the "witness" identified by name in the police report.  The video revealed that as our client pedaled in the bike lane, the driver of a silver/grey old Volvo opened his door into the cyclist as she passed, striking her right side and hurling her into the taxi cab to her left.  Below is video of the incident from the cab driver's dash cam:

The Volvo was stopped in exactly the spot identified in the police report as the witness's vantage point.  Also, some further investigation revealed that the witness identified in the report did in fact own a silver/grey Volvo matching the one seen in the video.  The fact that our client had been doored from her right was consistent with the injuries she sustained to the right side of her body.

We had our man and we quickly filed a lawsuit against him.  The case remains pending.  The driver of the Volvo denies that he caused the crash.

Aurora Man With Criminal Past Charged With Killing Mom, Computer Engineer Riding Bicycle

Johua Spuhler,
Courtesy CBS2 Chicago

Shwu-Wei Yeh

An aurora man with a history of criminal offenses, including an earlier DUI conviction, has been charged by Naperville police for aggravated driving under the influence of a controlled substance arising from the death of a 56 year old bicyclist in September, according to The Chicago Tribune.  

Shwu-Wei Yeh, a mother of two and resident of Naperville, was killed on  September 25, 2013 after being struck by a pick-up truck driven by Joshua Spuhler, 36.  She was riding her bike across Diehl Road, near the intersection with Freedom Drive, at about 7:25 a.m. when she was struck by Spuhler, driving a gray 2006 Nissan Titan east on Diehl.  The crash occurred about a mile from Yeh's home, according to CBS2 Chicago. Spuhler will appear in court in DuPage County on Feburary 10th to face charges of having drugs in his system at the time of the crash, according to The Trib.  About 11 years ago, he spent time in jail for "inebriated driving," and is a convicted burglar, according to CBS2 Chicago which has looked extensively into Spuhler's criminal past.

Yeh was a Technical Manager at Alcatel-Lucent with an advanced degree in computer engineering from North Carolina State University and a "brilliant mathematical mind."  Her obituary notes that, "She couldn't have been friends with more people without accidentally having conquered the universe."

Safe Biking In The Winter

You bike in this weather? is a question Chicago cyclists constantly hear during this time of year.  For some reason folks are astonished that people ride their bikes when it is cold outside, but hardly bat an eyelash at the idea when it is in 95 degrees and humid.  As someone who rides all year 'round, I can tell you that riding when it is 20 degrees is much more comfortable than when it is 95 degrees.

I have personal limits.  For the record, I did not ride to work today.  I took the "El".  It is -15 (-30 with the windchill).  That does not make it too cold to bike.  That makes it too cold to just be outside for an length of time, period.

When considering whether to bike in the winter there are safety issues to consider.  

Snow.  Snow is not scary by itself.  Yeah, depending on how much there is, snow can make for a slippery ride.  But if you remember to stay seated to keep weight on your rear tire, and take it slower than usual you will be fine.  If there is a substantial amount of snow, reduce the air pressure in your tires to increase traction.  You will be surprised at how much grippier your tires will be when running at very low pressure.  

The real problem that snow can present is decreased visibility, by which I mean the ability of drivers to see  a cyclist on the road.  In the snow, turn on your bike lights.  Illinois does not require bicyclists to use lights in bad weather (some other states do), only at night.  But the smart cyclist should use them in crappy weather anyway.  Also, do not hesitate to "take the lane" when riding in wintry conditions.  Illinois law generally requires cyclists to ride to the right on the roadway.  However, the law contains many exceptions, and permits cyclists to abandon the right when safety necessitates doing so.  Often in Chicago, the ride side of the road, including bicycle lanes, will be a bumpy, icy mess in the winter.  It will often be unsafe to ride on the right side of the lane in these conditions.  Understand that you are within your rights to move left into the main travel lane when the conditions require it.

Ice.  Hitting a patch of ice, particularly ice that cannot be easily seen, is scary.  Again, substantially reducing your tire pressure can help you stay upright.  You will want to reduce the pressure far more than you think.  When it is very icy I will ride with my tires nearly flat, with perhaps 15 psi.  The grip bike tires provide at that low pressure is amazing.  There are downsides to riding with your air pressure that low.  For one, you are at an increased risk of getting a "snake bite" flat, so do not leave then house without all of the equipment you need to change a flat, spare tube/tubeless tire, tire levers and pump/CO2.  However, I have found that if you are riding slowly the risk of getting a pinch flat is low and worth taking given the traction benefits.  Running at low pressure will also increase your risk of the tire coming off the rim of the wheel.  This risk is lower the fatter your tires are.  Also, tubeless tires are at decreased risk for encountering this problem because they are glued to the rim.  Again, if you ride slowly, the risk should be minimal.

The other thing you can do to better your ability to stay upright in icy conditions is to ride with studded tires.  Several companies make tires with small metal or composite studs that grip extremely well on ice.  Lots of bike shops in Chicago sell these during the winter.  The downside to studded tires is that they just plain suck on hard, dry pavement.  They slow you down considerably and make you feel like you are pedaling in loose sand.  They can turn a long commute into quite a slog.  But, when there is a lot of ice, they are awesome.

Sun.  Ever since the beginning of time man has yearned to destroy the sun.  Okay, not really, but on the rare occasion that it shows itself in the winter, it can be a real bitch.  With ice and sun on the road producing a mirror-like effect, glare from the winter sun can be blinding.  This means than when riding into the sun, drivers may have a harder time seeing you.  You may appear as a back-lit shadow to an approaching motorist, if you are seen at all.  To increase your visibility, ride with your lights on.  Also, make sure that you lights have fresh batteries so they operate at maximum brightness. When turning, remember to use arm signals to indicate your intent, as is required by Illinois law.  In sun glare conditions be extra vigilant about doing so.  Wave your arms like a crazy person if you have to, just do your best to be seen.

Dark.  Here is something you already know:  It is dark a lot in the winter.  If you are a bike commuter, you will often be riding to and from work in the dark.  The law, and good sense, requires that you ride with a front facing headlight and at least a red rear reflector.  In addition to those requirements, I suggest riding with a bright, red rear light.  You should also consider riding with something, reflective tape on your bike or clothing, or lights on your wheels, that increase your visibility to motorist from the side.  Some manufacturers even make bike tires with reflective sidewalls.

Equipment problems.  The CTA and many airlines were experiencing equipment problems today due to the severely cold temperatures.  I am guessing that there were more than a few Chicagoans who had cars that would not start this morning for the same reason.  Bikes, of course, are much simpler devices than planes, trains and automobiles and less prone to breakdown.  However, equipment problems can happen.  I have had derailleurs freeze on me.  I tend to see this happen when I ride in wet conditions, then leave the bike outside during which the temperature plummets causing wet parts to become icy parts that do not work very well.  Plain filth can cause equipment problems too.  Looking at the muck and grim that accumulates on your bike after just a single winter ride you may be amazed that so much nasty junk exists in the world.  A build up of grim can cause parts to fail.  To reduce the possibility of bike equipment failure in the winter, store your bike indoors whenever possible.  Also, clean your bike way more than you do during the rest of the year.  After riding in snow, take a few seconds to wipe your chain with a dry rag.  This will keep it cleaner and decrease rust build up.  A reasonably well cared for bike should get you around town all winter long without a hiccup.

I am not aware of any data that demonstrates that city cycling in the winter is more or less dangerous than during the rest of the year.  Like in the warmer months, the key to staying safe when sharing the road with cars is being as visible as possible.  Do that, and winter riding will be safe and a lot of fun.

2013: The Year's Biggest Bicycle Stories

There were some major ups and downs for bicycling in Chicago in 2013.  It was a year that saw a major uptick in the popularity of transportation cycling in our city.  It was also a year of losses which the bicycling community will never forget.  Here are the top five Chicago cycling stories of 2013:

5.  The Illinois Department of Transportation (IDOT) placed a moratorium on the installation of protected bike lanes in Chicago.  In February, our friends at Streetsblog Chicago reported that IDOT -- which has jurisdiction over many streets in Chicago -- refused to allow the installation of protected bike lanes until at least three years of crash data could be collected.  Steetsblog pointed out that the moratorium was in places inconsistent with the plans and recommendations of the Chicago Department of Transportation.  IDOT's stance was frustrating to some in light of the availability of crash data from other cities which had significant experience with protected bike lanes.  In May, following the death of cyclist, Bobby Cann, who was killed on Clybourn Avenue, a road under IDOT's jursidiction and which lacked a protected bike lane, concern over the moratorium increased.  Many wondered if the existence of a protected lane where Cann was killed might have prevented the tragedy.  In October, at a memorial service for Cann it was announced that IDOT had backed off somewhat and would allow a protected bicycle lane to be installed on Clybourn.

4.  The City of Chicago and the State of Illinois clarified laws allowing people on bicycles to pass drivers on the right.  In June, Chicago's City Council passed the 2013 Bicycle Safety Ordinance which, among other things, stated that 

Any bicyclist upon a roadway is permitted to pass on the right side of a slower-moving or standing vehicle or bicycle, but must exercise due care when doing so.

9-52-040(d)

In August, the State followed suit passing a fix to the Illinois Motor Vehicle Code stating that human powered two wheeled vehicles are not barred from passing motor vehicles on the right.

The amendments were necessary to aid police departments confused over whether cyclists may pass on the right.  Unnecessary traffic citations to bicyclists were sometimes the result of this confusion.  With the changes in place, "Illinoisans riding bicycles may confidently pass slow-moving cars on the right side of the road and know that they are on solid ground legally," said Max Muller, Director of Government Relations for the Active Transportation Alliance.

Our law firm worked with Active Trans, CDOT and State Representative Laura Fine to draft the changes.

3.  In November, Gabe Klein, impassioned new wave infrastructure crusader, stepped away from his post as CDOT commissioner.  Early this month, his lieutenant, deputy commissioner Scott Kubly also called it quites.  Commissioner Klein was the driving force behind Chicago's push in recent years to install bicycle friendly infrastructure.  Under his watch, Chicago saw hundreds of miles of new protected and buffered bicycle lanes put in place and the implementation of a world class bike share system.  When he announced that he would be returning to the private sector many in bicycle advocacy assumed that Kubly would fill his shoes, allowing for a smooth transition and continuation of bike friendly changes.  With both gone, and with no successors yet to be named, the future of cycling in Chicago is perhaps less clear.

2.  The death of Bobby Cann shook Chicago's bicycling community to its core.  On a May 29th at around 6:35 p.m., Cann was struck and killed by Ryne San Hamel who was allegedly driving his Mercedes sedan 20 miles per hour over the speed limit.  San Hamel was charged with driving under the influence, having an alleged blood alcohol content of .127, well over the legal limit.  There was immediate wide spread outrage at the driver, heartfelt empathy for Cann's family and many friends, and fear among regular city cyclists.  A temporary memorial popped up at the site of the crash, which occurred outside of iconic Chicago bike shop Yojimbo's Garage.  In October, Clybourn Avenue was named Honorary Bobby Cann Way.  That same month The Reader featured Cann on its front page with the headline, "Death of a Cyclist."

Others died riding their bicycles in Chicago in 2013.  None of those lives were less important than Cann's.  But there was something about his death that shook the broader community deeper.  Perhaps it was because it happened while he was riding home from work in the early evening, on a sunny late spring day.  Maybe the fact that Cann was known to be a experienced safe city cyclist freaked a lot of people out. He was not the sort to run lights.  If it could happen to him, it could happen to any of us.  Perhaps much of it had to do with the driver, a young man himself, he was a partner with a business venture called allyoucandrink.com.  Pictures of San Hamel partying and appearing to drink substantial amounts of alcohol circulated over the internet.  The fact that San Hamel has been criminally charged, a relative rarity where a driver hurts or kills a cyclist, has increased its broad impact.   San Hamel seemed like the poster child of the world's worst driver and an uncaring, self-absorbed asshole.

1.  But the biggest story of 2013 was an undeniably positive one, the launch of Chicago's bike share program, Divvy.  Launched in June, Divvy has taken off with koisks popping up all over the city, a gazillion miles racked up by riders and an impressive safety record.  The idea of grabbing a public bike from one street corner and leaving it at a station near one's destination as proven to be a big hit.  At $75 for unlimited use for a year, or $7 per each half hour on a pay-as-you-go plan, it is an extremely cost effective and enjoyable way to get around town.  So popular has bike share been in Chicago that even during one of the coldest Decembers in recent memory Divvy bikes are routinely seen being pedaled all around town.

The best thing about Divvy is that it is for everybody, old and young, brave and less-so.  The bikes are heavy, slow, convenient and comfortable.  With step through frames and chain guards you can ride them in a suit or in a dress.  The program and its increasing popularity encourages everyone to ride the city, threatening to breakdown the us versus them mentality.  In the future aided by Divvy we are all people who ride bikes.

Hysteria Over Bicycle Helmets Could Subvert Justice

Somewhere along the way, well-intentioned people ended up doing harm to the people they wanted to protect.  I do not know exactly when it happened, but sometime between the 1970s, when no one wore helmets to ride their bikes, to now, when those who do not are viewed as reckless fools, good intentions went off the tracks.  The desire of health care professionals to see fewer children with head injuries by wearing helmets was and is a good thing.  But that desire has morphed into into something harmful.

Riding with a helmet is no longer merely a safety issue, it is a credibility issue as well.  Ride without one and risk being viewed as lacking good sense, as reckless.  When the news media reports on a bicycle crash there is often mention of whether the cyclist wore a helmet or not that often seems like a non sequitur. Sometimes it is sounds like a down right accusation.  Oh, she wasn't wearing a helmet.  They she deserved to get hit by that bus.  Just last month, The Chicago Sun Times published a snarky piece* critical of Chicago's new bike share program, Divvy, for not offering helmets to riders.  "Waiting To Happen:  Clueless riders.  No helmets.  Divvys everywhere.  What could go wrong?" screeched the sarcastic headline.  

The media's focus on helmet wearing is both is misinformed and threatens to undermine a cyclist's ability to receive justice in the event of a crash.

Wearing a helmet may reduce the risk of sustaining certain kinds of injuries, primarily skull fractures.  Also, certain types of higher risk forms of cycling -- road racing, dirt jumping -- should be done with a protected dome.  However, risks of head injury from slow bike riding and "transportation cycling" seem to be pretty darn low.  In the very same snarky Sun Times article which insisted that bike share was a tragedy just waiting to happen was an important statistic:  Of the 679,925 trips taken on Divvy bikes up to that point, only 7 accidents had been reported to Divvy.  Seven, or, .001% of the trips taken resulted in an accident being reported to Divvy.  A look at safety figures from other bike share systems around longer suggest that serious injuries to Divvy riders will remain low.  The current issue of Momentum Magazine offers some impressive statistics regarding bike share.

After 4.5 million trips, no user in London, UK, has been seriously injured or killed in a traffic crash.  Minneapolis, MN, can boast the same impressive record after 1 million trips; New York City, NY, after 3.1 million trips; Washington, DC, after 4 million trips; and Mexico City, Mexico, after 1.6 million trips.

These numbers suggest that the decision not to wear a helmet while riding a slow bike for transportation is a perfectly reasonable choice to make.

The reasonableness of that decision is important in the context of an injury claim.  In a personal injury case no single factor is more important toward a successful outcome than the credibility of the person bringing the claim or lawsuit.  The plaintiff's credibility is important every step of the way.  The police who arrive at the scene of a crash will immediately assess the victim's credibility.  Very often police reports note whether the bicyclist was wearing a helmet, even though helmet use is not required by law.  A driver's insurance company will consider the credibility of the injured cyclist and will be more likely to resolve the case early if it seems that, along with the driver's negligence, the cyclist was doing everything right.  Ultimately, a jury will be asked to consider the conduct of the defendant.  But the plaintiff's conduct -- the actions of the person bringing the lawsuit -- is always considered as well.  If the plaintiff makes a poor impression, either in the courtroom or with their past conduct, a jury will be disinclined to render a favorable verdict even in the face of evidence of the defendant's negligence.  There is no question, that at trial, at least in an urban setting, jurors will wonder whether the bicyclist had been wearing a helmet at the time of the crash.  They will wonder this even though Illinois laws forbids them to do so.  Two Illinois cases, Clarkson v. Wright and Moore v. Swoboda, created the general principal that in vehicular negligence cases evidence of the plaintiff's failure to use protective devices "is inadmissible for the purpose of establishing contributory negligence." Moore v. Swoboda, 571 N.E.2d 1056, 1071 (4th Dist. 1991).

All of this constant attention on bicycle helmets may poison potential jurors' attitudes toward cyclists who choose to ride without one.  The impact such attitudes may have on any particular case may be hard to gauge.  The attorney trying a bicycle case in front of jury must question potential jurors in voir dire about their attitudes regarding people who ride their bikes in the city.  Attitudes about helmet use should be questioned in order to determine whether your client will get a fair shake.

But long term, the hyperventilating about helmet use must stop.  

* I was interviewed for the article and said that under certain circumstances a company that rented bikes could be held liable for failing to provide a helmet.  I expressed that I thought it unlikely that liability could arise in the bike share context but that sentiment did not quite come out in the article.

Marine, Aspiring Chef, Bicyclist Killed By Alleged Drunk Driver

Hector Avalos
Courtesy DNAinfo.com

Hector Avalos was a Marine, a good son, a hard working chef, and a guy who rode his bicycle everywhere. On Friday night an allegedly drunk driver took his life as the 28 year old pedaled home from work.

Bail was set yesterday in what the judge called "a tragedy of epic proportions".  The driver, "Robert Vais, 54, of Riverside, has been charged with a felony count of aggravated driving under the influence," according to mySuburbanLife.com.  Vais' blood alcohol content was .118 at the time of the crash, according to The Chicago Tribune.  The legal limit is .08.  The Tribune quoted police as describing that, "Vais' eyes were bloodshot and he smelled of alcohol" at the scene.

The deadly crash occurred at about 11:50 p.m. near 2500 West Ogden Avenue in Chicago.  Vais was driving a 2002 Ford Winstar westbound on Ogden when he struck Avalos who was riding home from his shift at El Hefe Super Macho Taqueria.  An experienced cyclist and lover of the outdoors, Jesus Vargas, head chef at El Hefe, told DNAinfo.com that, "Avalos was an avid cyclist who 'loved riding his bike'."

"He'd always ride the bike no matter what."

Avalos served five years in the Marine Corp and was studying to be a chef.

Oak Park Wrong To Mandate That Children Wear Bike Helmets

Sofia Kevenides learning to ride.

Oak Park has chosen the stick rather than the carrot when it comes to encouraging safe cycling for children. A new village ordinance will punish the parents of children under 17 where they are caught riding without a helmet.  This is the wrong approach.

Few sensible people would dispute the benefits of encouraging children to ride their bikes.  Bikes promote independence and good health for kids (and adults).  They also happen to be really fun. Injuries sometimes occur, so kids should be taught safe riding practices and should be encouraged to wear a helmet. When kids wear bike helmets the chance of injury is very significantly reduced. According to Children's Hospital of Illinois, "Wearing a proper fitting helmet can reduce the chances of serious head injuries by 85%." It is hard to argue with statistics like that.

However, as a parent the first trick is to get a child riding in the first place.  My six year old daughter rides a two wheeler now.  She loves it.  She wears a helmet.  But, such was not always the case.  At first, when she was about four, she did not love getting on her bike.  My wife and I had to nudge her a bit.  Once we got her pedaling, we took up the helmet battle.  Often she just would not wear one.  Against my better judgement at the time, I let her ride in the driveway and in front of our Logan Square home with her curls flying free in the breeze, helmetless.  I was just glad that she was riding and liking it.  Sometimes she fell and suffered minor scraps, mostly on her knees and hands.  She never hit her head.  She rode so slowly that it never seemed like she was at risk of a significant head injury even if she crashed.  Eventually, she came to enjoy riding and got good at it.  The helmet came next and it was no big deal.  She always saw her dad wearing one so it seemed like the natural thing to do.  At this point I am glad it did not sweat the helmet thing too much.  I just did not want to fight with her about it.  I wanted her to see all things bicycle in a positive way. Fighting over wearing a helmet did not seem worth it.  I feared it would turn her off riding and would discourage her from getting on her bike.  Once she started enjoying her bike, we more forcefully encouraged her to wear a helmet.

Parents learn quickly to pick their battles with their children as the grow from babies to toddlers to full on knee-skinning, dirt pile jumping kids.  Yeah, children should be encouraged to bike with a helmet, but first they should be encouraged to just ride.  Parents need some leeway with regard to how to accomplish that. The new Oak Park ordinance is fairly harsh.  "Parents of children under 17 will be required to pay a $25 fine or perform up to four hours of community service if their child is caught three times riding a bicycle without a helmet," according to The Chicago Tribune.  Many parents will feel it necessary to force their children to wear a helmet in the face of this potential punishment.  Some may even receive the misleading message that if the law requires helmet use perhaps biking is just too dangerous an activity for their kids.  In my opinion, helmet use for kids and adults alike should be encouraged, not mandated.