Chicago Bicyclist Killed By Semi Driver In Avondale

One of the bike lanes on North
Kedzie Avenue where Robert
Lewis was killed

Chicago bicyclist, Robert Lewis, died on Friday a week after being struck by a semi truck as he rode his bike in the 3400 block of North Kedzie, according to the Chicago Sun-Times.  He was 48 years old.  It will be of little consolation to his family that he is the first Chicago cyclist to die in four months.

The deadly crash occurred at 1:30 p.m. on September 2nd in Chicago's Avondale neighborhood. Though the details of the crash have not been reported both sides of North Kedzie where the crash took place have clearly marked, dedicated bicycle lanes.  It is not clear whether the semi driver was ticketed.

Bicycle Fatality in Aurora on Saturday.

The Chicago Tribune is reporting that a woman was struck and killed by a motorist Saturday morning.  It appears that the woman was crossing Densmore Road on the Virgil Gillman Nature trail with a group of other riders when she was struck.  Densmore Road is a wide open flat stretch of roadway where it crosses the trail.  There are two signs in each direction warning approaching drivers of the bicycle trail crossing and the speed limit is posted as 45 mph.  The fatal rural Aurora collision occurred shortly before 11am, and the weather was bright and sunny.  Make no mistake, this collision would have occurred in broad daylight.  While police did not issue any charges, I would be interested to know if any investigation was conducted to determine if the driver was distracted or on the phone at the time of the collision.

We have seen a number of cases in which a driver drove through a group of cyclists attempting to negotiate a road crossing.  Inevitably the driver points to right of way as a rationale for so much as failing to look in front of their vehicle or responsibly applying the brakes in order to avoid a collision they knew or should have know to be imminent.  We hear the same language over and over from defendants in cases like this, "...came out of nowhere...  ...barreling down the street...  ..I didn't see her..."  Failure to see what is in front of one's vehicle is negligence at the least.  Declining to take reasonable actions to avoid a collision because of one's right of way is willful.

One undertakes a tremendous responsibility when they get behind the wheel of a car.  It's almost like driving a one ton loaded gun down the road.  The very least we should expect of a person undertaking such a grave responsibility is that they look in front of them as they drive down the road in broad daylight and that they take reasonable actions to avoid collisions.

Ignore NPR, Bicycling Is Safe

An irresponsible piece of journalism about biking injuries and deaths was published yesterday by National Public Radio under the headline, As More Adults Pedal, Their Biking Injuries and Deaths Spike, Too.  The story noted the fact that the number of people biking regularly has substantially increased over the past several years, while spotlighting a "striking" rise in the number of injuries and deaths from cycling among adults.  Much emphasis was placed on crashes involving middle aged men who, supposedly wanting to emulate disgraced former pro cyclist Lance Armstrong, ran out in droves a decade ago to purchase uberfast road bikes which they proceeded to crash.

Yes, bicycling has been on the rise for quite some time, particularly as a form of transportation, as opposed to recreation or sport.  Chicago, for example, saw a 150 percent increase in the number of people bicycling to work between 2000 and 2010.  Similarly, New York City has seen staggering growth in the number of people biking to work.  Despite this growth, "Bicycling  remains a healthful, inherently safe activity for tens of millions of people every year," according to the U.S. Department of Transportation.  Tens of millions.  In contrast, 743 bicycle related deaths were reported nationwide for the year 2013, according to U.S. DOT.  In Chicago the number of fatal crashes decreased by 28 percent between 2005 and 2010, according to the Chicago Department of Transportation.  While one death is one too many these numbers neither suggest that bicycling is exceptionally dangerous nor that it is becoming more so.

With more people riding their bikes there will naturally be more traffic crashes involving bicyclists.  But more bicyclists on the road likely makes biking safer for the individual rider.  The idea is that there is safety in numbers.  As drivers get used to seeing more bikers, they are more likely to be on the lookout for dangerous interactions.  It is true that, according to the U.S. DOT, "bicyclists seem to be over-represented in the crash data."  Bicycle trips account for one percent of all trips in the United States, yet represent nearly two percent of all traffic fatalities.  But no reliable data exists to correlate the number of miles traveled by cyclists and the risks to which riders are exposed.  "Until we have better exposure measures, we just don't know how bicyclist risk compares to other modes," says the U.S. DOT, adding, "But the health benefits of riding may offset some of this risk."

The cause of bicycle crashes varies depending on locale, time of day, alcohol consumption and other factors.  About half of all bike crashes are due to falls caused by things like roadway defects, loose gravel and the like.  Much of the rest is due to driver inattention.  In urban areas I see crashes involving bicyclists caused largely by drivers who fail to look for cyclists while opening their doors, and failing to see cyclists within intersections.  In rural and suburban areas a bicyclist faces an increased risk of being hit from behind by an inattentive driver.  "Nearly a third of all injuries are caused when bicyclists are struck by cars," according to the U.S. DOT.  The bullshit "Lance Armstrong effect" has nothing to do with it.  This "effect" was cited by bicycle industry people in an attempt to explain the increase in road bike sales back when everyone thought Lance Armstrong was worth admiring.  Nowadays sales of new bikes probably accounts for a relatively small percentage of all bikes purchased.  Many of us by bikes second and third hand to use for commuting.  Look out your window NPR, lycra and carbon fiber, while cool, is just not the norm. 

On my daily commute along Chicago's so-called "hipster highway" I see more comfy clunkers than super light racers.  And each year, as the biking infrastructure improves I see more and more regular people on regular bikes.  In April, 2015 citylab.com reported that bike count numbers rose yearly in New York City from 2006 to 2010, correlating with a near doubling during the same period of time of the miles of bike lanes.  People want to ride their bikes.  Give them a reasonably safe place to do it and they will.

So who cares if a media outlet reports that biking is dangerous?  We all should.  The offending story re-enforces the tired and inaccurate notion that bicyclists are foolish risk-takers, or wannabes, If they get hurt they just got what was coming to them. This framing creates a real hazard.  It makes our lives seem less worthy of protection and less worthy of the continuing work necessary to make our nation's roads accommodating to cyclists.  

Driver Who Killed 65 Year Old Bicyclist In Jersey County Taken Into Custody

Kajavion McCarvey

A 21 year old man is in custody more than two months after killing a 65 year old bicyclist in Jersey County, Illinois, according to RiverBender.com.  Kajavion McCarvey of East Alton turned himself in on Wednesday after Jersey County authorities announced charges of Aggravated DUI and Reckless Homicide against him earlier this week.

Carol Admire, Courtesy of
RiverBender.com

The arrest stems from a collision on May 23rd that left Carol R. Admire of Alton, Illinois dead at the scene.  She was riding southbound on the shoulder of State Highway 100 around 4:00 p.m. when the allegedly intoxicated driver, also southbound, hit her with his pickup truck, according to the RiverBender.com.  Initial media reports of the crash presented a slanted view of the incident, suggesting that Ms. Admire had been riding in too dangerous a location along the busy road.  Local television station KSDK placed emphasis on the existence of a bicycle path on the other side of the roadway from where Ms. Admire was riding.  The no-so-subtle suggestion is that she should have been riding on the path instead.  See for yourself:

It is important to remember that Illinois, unlike some states, does not require that bicyclists use a separated bike path where one has been provided.  Also, Ms. Admire was apparently riding with traffic, on the southbound side of the highway also known as Great River Road.  As noted in the news report above, the shoulder on which she was riding was commonly used by cyclists.  Great River Road is a scenic highway that runs along the Mississippi River.  In light of these facts, it is deeply disappointing that initial reports placed undue emphasis on the bicyclist's conduct rather than on the driver who may have been intoxicated.

In our experience, driver's rarely face criminal charges from causing injury or death to bicyclists.  It is encouraging to seen that the State's Attorney in Jersey County has decided to pursue charges that could see the driver facing in excess of 14 years in jail.

Drivers May Be Liable When A "Near Miss" Causes Injury

To horseshoes and hand grenades I would add bicycling in traffic to the list of activities in which close may be enough to do damage. While riding a bike, coming close to physical contact with a vehicle, i.e. a car door, may be enough to cause a crash and serious injury.

In a video making its way around the internet a terrified London cyclist is seen nearly being run down after trying to avoid a car door.  Check it out:

Even if the cyclist did not come into contact with the door (it is not clear from the video whether he did or did not), he was not “almost doored.”

He was doored.

A driver may be responsible for the harm caused by his or her negligent driving even if there is no actual contact. However, the lack of contact between car and bicycle can create evidence problems. When there is no contact it may be more challenging to prove that the driver’s conduct actually caused the bicyclist’s injury. Proving a causal connection between the driver’s bad action and the injury sustained by the cyclist is a vital part of every bicycle injury case. Inevitably the driver will assert that (1) he or she did nothing wrong, and (2) the bicyclist overreacted and crashed on their own. Furthermore, the burden of proving the casual connection between the driver’s conduct and the harm is a burden borne by the injury victim.  With evidence like the above video there can be no question regarding the dooring motorist’s fault.

Near misses that cause harm do not only arise from doorings.  Our law firm has successfully represented several bicyclists who sustained serious injuries from a variety of near miss scenarios. One particular case from a couple years ago is representative.  Our client and his friend were participating in an organized ride. The route took them through a downtown area in a central Illinois city. They were on a road with one lane of travel in each direction with no shoulder or parking on either side when our client heard his friend yell, “Truck!” He looked to see a semi tractor trailer bearing down on them. It did not look like it was going to stop so the two pushed as close to the curb as possible. The truck passed them at about 35 mph within 18 inches, in violation of Illinois’ three foot passing law. Somehow, while the two cyclists were attempting to get out of the way of the passing semi, they ran into one another causing our client to fall and break his leg. There was no contact between the cyclists and the truck.  After filing a lawsuit, we argued that but for the driver’s bad conduct the cyclist would not have fallen and become injured.  This proven persuasive and the case resolved for a substantial sum.

Three Illinois Bicycle Fatalities this week; Two were Hit-and-Runs.

By Jim Freeman

The Chicago Tribune reported that a man was struck and killed in Waukegan early Tuesday morning.  Jack Henderson was riding his bicycle near the intersection of Washington Street and Martin Avenue when he was struck by a green sedan driven by an unknown driver wearing a red shirt or jacket.  Nearby video camera caught the suspected hit-and-run driver as the driver fled eastbound on Washington Street.  

On Monday a cyclist was killed in Alexander County.  The bicyclist was struck by the mirror of a Buick when the vehicle passed the bicyclist.  As a result of being struck by the mirror the bicyclist lost control and was struck and killed by another vehicle.  The driver of the Buick was cited for, “improper overtaking of a bicycle.”  I suspect this means the driver was cited for violating the Illinois three foot passing law.

Finally, we posted earlier this week about the death of Jose Gomez, who was allegedly struck and killed by Daniel Wehr in Des Plaines, Illinois.  Wehr was driving a SUV and was working for United Airlines at the time of the collision.  He was identified because his license plate fell off and remained at the scene after Wehr fled.   

Special Considerations for Collisions with Ride Share Drivers.

By Jim Freeman

At the scene of a bicycle/car collision the driver tendered police his personal auto insurance card.  We opened a claim under the driver’s insurance only to have the claim denied because the driver was, unbeknownst to us, working as an Uber driver.  At the time of the collision the driver was transporting a fare for the ride share service Uber. 

We represent a bicyclist in what we believe to be the first bicycle/ride-share collision in the area.  This case has presented a number of issues with respect to insurance coverage.  One might think that it would be easy to make a claim under Uber’s insurance policy, but that is not so.  Take a look at Uber’s website and see if you can find where it lists their insurance underwriter.  If you can’t find the insurance information on the web site, then you’ll just have to contact Uber.  Think that’s going to be easy?  Where on the website is the contact information for Uber?  Neither the insurance nor contact information is listed on Uber’s website.  In fact, my research suggests that there is no contact phone number for Uber.  The only way to contact Uber is through e-mail.  This makes for a virtual wall around the company for anyone trying to make a claim.  Despite their best efforts to insulate themselves from our reach we were able to determine their insurance carrier and open a claim, but this wouldn’t be easy to accomplish without an in-house investigator.

We also found Uber less than forthcoming with respect to other information such as the identity of the fare, who would be an eye-witness to the occurrence.  Uber has flatly refused to give any information regarding the identity of the fare, forcing us to file suit and seek a court order requiring them to produce the identity of the fare.

If you are involved in an accident with a ride share driver you should expect your insurance claim process to be complicated.  Make sure you get the information of any fare the Uber driver may be transporting at the time.  If you’re a bicyclist and you’re doored by the passenger, this is even more important because Uber’s insurance may try to deny the case claiming that the collision was the result of the passenger and not the Uber driver.  If you’re involved in a collision with an Uber driver it is best to get advice from someone who knows how to negotiate the insurance carriers involved in your loss.  Get help.  You’re going to need it.