Articles Posted in Bicycle Accidents

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When deciding a trial case, a jury has a duty to be consistent in its verdict, i.e., it can’t say one thing, but then enter a contrary verdict. If a jury contradicts itself, generally one party has cause to overturn or vacate that verdict. This is what happened in the Illinois personal injury lawsuit of Gerald English v. Anthony Daniel McLaughlin, 10 L 677 (DuPage County). A judge ruled to vacate the verdict in favor of the defendant after the jury entered inconsistent statements.

The facts of English v. McLaughlin involved a 2007 Glendale Heights bicycle accident. The plaintiff, Gerald English, was biking southbound on Glen Ellyn Road and crossing Armitage Avenue. At the Illinois personal injury trial, English testified that he entered the intersection on a green light and that the light turned yellow as he was biking through. English estimated that he was biking around 17 mph at the time and was therefore unable to stop when the defendant, Anthony McLaughlin, turned left in front of him.

English’s bike ended up striking the rear-end of McLaughlin’s car and resulted in multiple bone fractures. English fractured his right knee, left shoulder, and right finger. And while none of his fractures required surgery, his injuries did prevent English from performing his normal engineering duties for about two months following the Illinois bicycle accident.

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In a large metropolitan area like Chicago it is not unheard of for a jury to return a $10 million or more personal injury verdict. Because large cities have large populations, the chances are greater that severe injuries will occur among that large population. However, in smaller districts, such as that of Warren County in downstate Illinois, the likelihood of a severe injury occurring are less. Therefore, a personal injury lawsuit like that of Warren County verdict, that results in a $2.5 million settlement can become the highest settlement ever reported in that county.

The facts surrounding the case arose out of a hit and run accident involving the plaintiff bicyclist and the defendant driver. The plaintiff was riding his bicycle on 180th Avenue near 90th Street in Monmouth, Illinois, a city located about 175 miles from Chicago. It was broad daylight and by all reports the conditions were clear. At the same time, the defendant was driving his parents’ Ford F-150 pickup truck.

The defendant hit the plaintiff from behind, causing fairly severe injuries. However, instead of helping the cyclist, the defendant driver left the scene of the accident. It was later revealed that at the time of the Illinois bicycle accident the defendant was driving on a suspended license. In addition, over the ten years prior he had received over 40 moving violations.

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While a Cook County jury awarded almost $3 million to a bicyclist hit by a dump truck, the verdict was reduced by 50% for what the jury found to be the bicyclist’s responsibility in her own accident. This bicycle-auto accident verdict suggests that even though bicyclists are more vulnerable than cars or trucks, they, too, must share the responsibility for maintaining a safe roadway environment. Lucyna Kubisztal Smith and Danny Smith v. Suburban General Construction, Inc. and William S. Chase, 07 L 6481.

The bicycle-truck accident occurred in June 2007 at the intersection of 86th Avenue and 111th Street in Palos Hills. The 49 year-old Lucyna Smith had been riding her bicycle on the sidewalk along the 111th Street, but then entered the crosswalk in order to cross 86th Avenue. At the same time, the 29 year-old William Chase was driving a dump truck along 86th Avenue. Chase failed to see Smith and ended up not only running her and her bicycle over, but then continued to drag her under the dump truck for an estimated 30 to 50 feet.

Smith sustained multiple fractures, including those to her pelvis, sacrum, lumber spine, and cervical spine. The damage to her cervical spine aggravated her pre-existing cervical arthritis and required a spinal decompression and fusion surgery across five different levels. Smith’s doctors predict that she will also require a hip replacement in the near future as a result of the intersection accident. In addition, she was diagnosed with post traumatic stress disorder and subsequent depression. Smith brought a personal injury lawsuit against Chase for her injuries and lost time from her job as a housekeeper. In addition, her husband brought a separate loss of consortium claim for the loss of service and companionship of his wife.

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It is relatively rare for a car accident lawsuit with no eyewitnesses to go all the way to trial if neither party admits liability, mainly because it runs the risk of turning into a he said, she said type of scenario. Yet the Illinois bike accident lawsuit of Eric M. Bettag v. Douglas J. Mackie, 09 L 8162, seems to be an exception to this rule – not only did the personal injury lawsuit go to trial, but the jury entered a $269,000 verdict in favor of the injured plaintiff.

The case revolved around a 2007 accident that occurred at the Oak Park intersection of Lake Street and Euclid Avenue. Eric Bettag was riding his bicycle northbound on Euclid Avenue when he was struck by Douglas Mackie’s SUV. Mackie was driving westbound on Lake Street at the time. Both Bettag and Mackie claimed that they had a green light and that the other party had run a red light. However, considering that the parties were driving at perpendicular paths, it would be impossible for both to have had a green light.

Again, typically if both parties claim the right of way, the dispute is settled by an unbiased eyewitness. However, there were no eyewitnesses to the early morning bike accident and therefore no one to collaborate either Bettag’s or Mackie’s statements. While there was limited testimony regarding the circumstances of the accident itself, here was much to say about the extent of Bettag’s injuries following the Cook County bicycle accident.

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Biking in Chicago is a great way to get around town, avoid rush hour traffic jams, and get some exercise while reducing emissions. However, Chicago bikers are also at risk from the heavy traffic and congested roads. There has been a push by Chicago’s new mayor to create safer bike lanes and improve the quality of biking in Chicago. The personal injury lawsuit of Cameron Esposito v. Maria Sims, 07 L 13136, demonstrates why these measures are important.

In 2007, 26 year-old Cameron Esposito was riding her bike down Chicago’s busy Milwaukee Avenue. At the time, she was biking in one of Chicago’s designated bicycle lanes, a painted area that generally runs between the roadway traffic and parked cars on the street. As she was nearing the intersection of Milwaukee and Halsted, Maria Sims was driving her car out of a car wash and pulled out in front of Esposito.

Esposito was unable to swerve out of the way and ran right into Sims’s vehicle. As a result of the Chicago bike accident, Esposito suffered contusions on her right and left knees and hit her chin on Sims’s windshield. In addition, Esposito later reported experiencing sciatic nerve pain radiating from her back down her legs. The long-term effects of the Chicago bike accident ended up being the largest factor in the jury’s verdict, making up $62,767 of the total $100,000 award. The remainder of the award was comprised of $20,000 for past pain and suffering, $16,358 for past medical expenses, $500 for property damage to the bicycle, and $375 for lost time from work.

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An Illinois plaintiff’s request for a new trial was recently affirmed by the Illinois Appellate Court. The appellate court held that a new trial was necessary because the defense attorney had made too many statements in closing argument thought to be prejudicial to the jury. The court ruled that the defendant’s lawyer’s argument crossed the line of fairness and affirmed the grant of a new trial in Michael Lynn v. James L. Miller, No. 1-10-2799.

The original Cook County trial involved the personal injury case filed by the plaintiff Michael Lynn. In 2006, Lynn had been standing at the Chicago intersection of Wentworth Avenue and 33rd Street when he was hit by a car driven by defendant James Miller. In his complaint, Lynn alleged that Miller was driving at unreasonable speeds and had failed to keep a proper lookout, warn Lynn that he was approaching, or keep his car under control.

However, Miller denied that he was negligent or in any way responsible for the Chicago pedestrian accident. Instead, Miller pointed to a bicyclist as the sole proximate cause for the accident. As Miller was approaching the intersection where Lynn was standing, Ional Pusca was riding his bicycle through the intersection. Miller had to swerve to avoid hitting Pusca, which in turn caused Miller to hit Lynn. Given these circumstances Miller contended that it was Pusca and not himself who was responsible for the collision with Lynn.

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At the end of a personal injury trial, juries must not only decide who is responsible for the injury, but also assign a specific degree of fault to that party. For example, if a jury finds a general contractor is responsible for a construction worker’s injuries on a job site, then the jury must also specify the degree which it feels the general contractor was responsible, e.g., 60 percent, 70 percent, 75 percent, etc. The purpose of doing so is that if the jury finds the plaintiff was over 50 percent responsible for his or her own injury, then the defendant does not have to pay any damages.

The Chicago personal injury lawsuit of Harry Vasiliadis v. Joseph Cortese, 08 L 10080, is unique in that the jury found both parties to be equally responsible for the plaintiff’s injuries. As a result, the parties needed to share the burden of paying for the damages sustained as a result of the intersection accident. The jury determined those damages to be $74,899; the defendant driver was only responsible for paying 50 percent, or $37,449. In Illinois, if the plaintiff is found to be more than 50 percent at fault, then he or she can receive no damages.

The facts surrounding Vasiliadis dealt with a 2008 intersection accident involving the plaintiff bicyclist and the defendant driver. Vasiliadis was riding his bicycle down a one-way street in the opposite flow of traffic. As Vasiliadis entered the Chicago intersection of Cuyler Ave. and Lockwood Ave., he was hit by Cortese’s vehicle. Vasiliadis sustained a cervical spine fracture, which resulted in over $35,000 in medical bills.

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An Illinois jury entered the highest Cook County verdict award for an adult fracture injury, awarding $1.9 million in Todd D. Smart v. City of Chicago, No. 07 L 14089. The Cook County personal injury verdict was substantially higher than both the plaintiff’s $500,000 demand to settle and the City of Chicago’s $100,000 settlement offer. According to a representative from the City’s law department, the City of Chicago plans to appeal the verdict in the First District Appellate Court.

The Illinois personal injury lawsuit arose out of a bicycle accident involving the 43 year-old plaintiff, Todd Smart. In 2007, Smart was riding his bicycle in Chicago’s Lincoln Park neighborhood, near the intersection of Cortland St. and Marcy St., when he hit a road depression. At the time of the bike accident, the City of Chicago was performing road construction, leaving the road uneven at the time.

Smart was thrown forward over his handlebars as his bicycle came to a sudden stop. As a result of the bicycle accident, Smart suffered from a dislocated shoulder and sustained comminuted bone fractures. Prior to the bicycle accident, Smart led a fairly active lifestyle – not only was he the president of BeTuitive Publishing, but was also a former triathlon competitor.

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For decades, summertime in Chicago has been synonymous with construction. But in recent years, summertime commuters are turning more and more to bicycles as their primary means of transportation. And while the use of this alternate means of travel is more environmentally friendly, it is also more dangerous for the commuters themselves. Take for example the Chicago bicycle injury lawsuit of Ashley Ferry v. Bryan Pendleton, Enterprise Leasing Company of Chicago, et al., 07 L 9024.

Ashley Ferry was a 23 year-old junior at Chicago’s Columbia College when she was riding her bike in Chicago’s Wicker Park neighborhood. Ferry was riding northbound on Milwaukee Avenue in one of Chicago’s designated bike lanes when she was hit from behind by Bryan Pendleton. At the time of the Chicago bike accident, Pendleton was driving a car owned by his employer, Enterprise Leasing Company of Chicago.

Eyewitnesses testified at trial that Ferry had been thrown forward over her handlebars and then landed on her head about 20 feet away. She lost consciousness and needed to be revived by paramedics at the scene before being transported to Illinois Masonic Medical Center for medical treatment.

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While Illinois is amending its motor vehicle laws to offer more protection to bicyclists, an advocacy group is petitioning for additional safety measures. The Active Transportation Alliance (ATA), an organization whose mission is to make Chicago streets safer for bicyclists, motorists, and pedestrians, is campaigning to increase the public’s awareness regarding the dangers of bicyclist and car door collisions.

A bicycle-car door collision occurs when a driver opens his or her car door without first checking whether any bicyclists are coming; the bicyclist typically does not have enough warning to avoid the car door and ends up crashing into it. According to the ATA, car door accidents are the most common manner in which Chicago cyclists are injured; however, the Illinois Department of Transportation (IDOT) does not maintain records on the number of bicycle-car door accidents in Illinois.

Illinois averaged over 3,500 crashes between bicyclists and motor vehicles each year from 2005 to 2009. According to IDOT, 18 to 27 of those crashes result in cyclist’s deaths and over 3,300 injuries every year. However, IDOT does not currently track the number of bicycle accidents in which a motor vehicle’s door is thrown open in the path of a moving bicycle. Without official records documenting the degree of the problem it is difficult for advocacy groups like ATA to raise motorist awareness and effect change in driver habits. In addition, a spokesperson for ATA stated that excluding dooring accidents from Illinois crash reports could decrease Illinois’s vehicle-bike accident report statistics by 15 percent.

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