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Blog Posts for November, 2008

The blog on this website includes articles and editorials by James Freeman on subjects relevant to his legal practice. These writings are not legal advice and should not be taken as such. If you need to speak with an attorney, please contact us.

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Montrose and the Lake Front Path Signage... Yield or Stop?

John Greenfield wrote a good article about the ambiguous signage on the lake front trail at Montrose. At the intersection of Montrose and the Lake Front Path, street traffic traveling on Montrose has a stop sign while traffic on the lake front path has yield signs. What is CDOT trying to do?

This is yet another example of the problems cyclists face as second-class citizens. If this were an intersection of two streets you would never see such signage, yet because this is an intersection of a street and a multi-use path CDOT seems to find such signage acceptable.

I anticipate that motorists who are involved in crashes with cyclists or pedestrians at this intersection will use the signage as a defense. The motorist will argue that they stopped and proceeded when it was clear, then a cyclist or pedestrian came "barreling" out of nowhere. The motorist will rightfully point out that the cyclist or pedestrian had a yield sign. Defendant drivers and insurance companies will use the yield signs as a defense.

The strange signage has already caused problems. I have personally fielded phone calls from people struck at this intersection. In Greenfield's article, Active Trans' Randy Warren also cites an example of an insurance company trying to resolve a claim arising out of an accident at this intersection. As this intersection just recently reopened, I would expect more in the future.

As a practical matter, my suggestion is that cyclists negotiating this intersection be very careful. Ride defensively and assume the worst-case scenario is about to play out as you approach the intersection. If you are involved in a crash at this intersection the signage will probably complicate your claim. As always, you should consult with an attorney before speaking to an insurance company.

Common Bicycle/Motorist Crashes - Left Cross

Almost one-third of my bicycle cases involve the "left cross." For some reason these are more common than the "right hook." I suspect it has to do with visibility issues and motorists' mistaken belief swith respect to bicyclists 'rights on the road.

A "left cross" occurs when a cyclist and motorist are approaching from opposite directions. The motorist makes a left turn at an uncontrolled intersection or on a solid green, striking the cyclist or causing the cyclist to crash in attempting to avoid the motorist. In so doing the motorist fails to yield the right of way to the cyclist in violation of Illinois and Chicago law. These are devastating accidents that often result in serious or catastrophic injuries to the cyclist.

Some strategies to avoid the left cross include:

  • Get a headlight. If you're riding at night, you should absolutely use a front headlight. It's required by law in Illinois and Chicago. Get a good headlight too- stay away from the Knog Frog as your only headlight- one diffuse LED isn't the most visible light.
  • Wear something bright. Bikes are small and easy to see through even during the day. Yellow or orange reflective vests really make a big difference. Reflective leg bands are also easy and inexpensive. The idea is that you want the motorist to look foolish when they try to argue that they couldn't see you.
  • Make eye contact and slow down. If you can't make eye contact with the driver (especially at night), slow down so much that you're able to completely stop if you have to. It beats getting hit.

Left crosses are tremendously dangerous. In Chicago you must ride defensively. Assume that people are going to cut you off and ride accordingly. Never ride assuming that people will obey your right-of-way, because sometimes they simply won't. As always, if you are injured because of a left cross, contact a lawyer before speaking to the motorist's insurance. If you do hire a lawyer be sure it is one experienced in dealing with the issues and defenses specific to bicycle cases.

Common Types of Injuries: Concussions

I see brain injuries over and over in my bicycle cases. The severity of theses injuries varies widely from a headache to permanent functional brain damage. My experience is that there is no silver bullet when it comes to brain injuries. People who use helmets suffer brain injuries as well. If the hit is hard enough you can still have a brain injury despite proper helmet use.

Your brain has the consistency of gelatin. It is suspended in fluid and cushioned from everyday jolts and bumps by the cerebrospinal fluid in which it floats. In an accident you may experience a blow to the head causing your brain to bounce forcefully against your skull. This can result in bleeding in or around your brain and damage to nerve fibers. Common symptoms of a brain injury are loss of consciousness, memory loss, headaches, nausea or vomiting and slurred speech.

Concussions are fairly common brain injuries. People who have had a concussion in the past are at higher risk of having concussions in the future. The concern after a concussion is that the blow to the head may have caused serious bleeding or swelling inside the skull. Symptoms of such injuries may not appear until hours or days after the injury.

If you experience symptoms of a concussion it is best to see a doctor. Neurologists typically specialize in such injuries. A doctor may prescribe a CAT Scan or conduct a neurological exam. Such an exam usually includes checking your memory and concentration, vision, hearing, balance, coordination and reflexes. People who suffer concussions often suffer from post-concussion syndrome in which concussion symptoms last for weeks or months following the accident. I often hear client who have suffered a head injury complain of "fogginess" or an inability to concentrate. Such injuries should be taken seriously and examined by a specialist.

Common Bicycle/Motorist Crashes: Doorings

In my experience about 30% of crashes in Chicago are doorings. Doorings are discouraging because they are completely avoidable. It never ceases to amaze me how people will just fling open the doors of their cars without any consideration for approaching traffic. Doorings violate both Illinois and Chicago law. Typically driver side dooring cases are hard to defend unless the dooring happened at night and the cyclist didn't have a headlight. In such an instance the motorist will say that they checked their mirror before opening the door and they didn't see the cyclist because of the lack of proper lighting equipment. The lack of headlight is a very effective defense in dooring cases.

Dooring cases also vary in how they occur. Sometimes cyclists are caused to crash while attempting to avoid a door opened in their path. Remember, it is not necessary for there to be actual physical contact for you to have a claim against a driver who opened a door in your path. If a carelessly opened door causes you to wreck you should treat the accident like any other, exchange insurance and contact information and call the police.

Cyclists can employ certain strategies to reduce their exposure to dooring crashes:

  • Get a headlight. If you're riding at night, you should absolutely use a front headlight. It's required by law in Illinois and Chicago. Get a good headlight too- stay away from the Knog Frog as your only headlight. If someone hits you, you want them to look foolish when they try to argue that they couldn't see you.
  • Avoid riding in the door zone. Give yourself enough room to avoid a door if it is opened in your path.
  • Keep your eyes open. Be conscious of traffic around you and give yourself room to react in the even that a door is opened in your path.
  • Look in rear view mirrors of parked cars as you approach. If you see someone be wary- they may open the door.
  • Use your hands. I will put out my hand to catch doors if I am forced to pass a parked car or taxi within the door zone. I have caught unanticipated doors in the past in this fashion, and have successfully avoided being doored.

Injuries and claims from doorings vary widely. Doorings can be deadly under some circumstances, while other. cases the bicyclist comes through unscathed. If you are injured by a dooring it is imperative that you retain an attorney experienced in handling such matters. In many catastrophic doorings there may be more than one party responsible for the accident, and there may be special statute of limitation issues that need to be anticipated. Only an attorney experienced in handling such matters will know how to properly proceed against all parties at fault. As always, it is best to speak to an attorney before speaking to the motorist's insurance company.

Common Types of Injuries: Joints

There are certain injuries I see over and over in my bicycle cases. Injuries to joints are common. Typical injuries to joints might involve shoulders, elbows, wrists, hips and knees. These are the areas of the body onto which we usually fall when we crash. When someone complains of pain in a joint after an accident I am typically very concerned.

My experience representing cyclists is that we are typically very lucky when we cars hit us. Once in a while there are tremendous injuries resulting from a crash, but most of the time we end up more or less OK. If someone comes to me immediately after an accident and they have complaints of pain in a joint I am typically very concerned. In such an instance a person should keep a close eye on the joint in question and be vigilant with respect to their medical treatment. In about 30% of such cases the client ends up with an injury that requires surgery or other invasive treatments when they initially thought they were just sore and expected the injury to heal. After weeks or months they are in progressively worsening pain, until they find themselves back at the doctor's office.

The primary concern after an accident should always be to get better. Some injuries have a window of opportunity in which good results from treatment can be achieved. Outside of that window your chances of a full recovery may be substantially reduced. My experience with my clients is that the importance of making a full physical recovery is always more important than any financial recovery. Never wait to get medical treatment. Be diligent with respect to your treatment from the start, and be consistent. Do whatever it takes to get better as quickly as possible, or you may lose the window of opportunity to make a full physical recovery.

Often one is unable to tell the full extent of an injury until days or weeks after an accident. The key is to be vigilant with respect to your medical treatment after an accident. If you go for a period of weeks or months after an accident the defense will use that "lapse in treatment" against you. They may point out that you went for a period of weeks or months with no treatment and suggest that you may have had some other accident in that period of time that actually caused the injury. The argument usually goes something like this:

Mrs. Smith went two months without any treatment. Two months! What was going on during that time? She says she was in pain, but all we really know about that two months is that she never made so much as a single complaint of pain to any medical provider during that entire time. She went eight weeks without so much as one visit to the doctor.

What was going on during those eight weeks? Maybe she was hit by another car. Maybe she fell down the stairs...

Be honest with yourself. People have a tendency to want to think they are OK after an accident. Injuries never happen at convenient times, and it may be hard to face the reality that you are injured. Don't fool yourself and think you are getting better if you are not. Go to your doctor. Have your injury examined. Get necessary treatment, and follow up regularly until you get better. 

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