Replies to This Discussion

Permalink Reply by Chris LaFrombois (8.5 mi - o.w.) on June 6, 2014 at 7:41am

Yeah, a driver who causes an accident, despite no physical contact, is still liable - even if they are unaware they caused an accident.

You were probably pretty shaken up, but you should have called the police in that situation.

I know this from personal experience. I car decided to pull into a parking space across the bike lane (on Elston southbound directly south of Western/Diversey) without looking. I luckily saw it happening and quickly jumped up on the curb, but like you, my back tire hit and I ran into a fence and went down. Police were called, but I decided I was OK enough that nothing was done, but the driver was indeed liable per the responding officer.

Permalink Reply by dan brown on June 6, 2014 at 7:42am

I would contact Active Transportation Alliance's Crash Support Hotline.

Also - Consider contacting one of the many Bicycle Related Attorney's in Chicago. There are several good ones from which to choose.

best wishes,

DB

Permalink Reply by Active Transportation Alliance on June 6, 2014 at 10:02am

Mike,

Please strongly consider contacting the the Active Trans Crash Support Hotline 312-869-4357, and getting an attorney referral. Our operators and attorneys are available to answer any questions you may have and should you have any serious medical issues later or unexpected expenses associated with the crash, you want to be informed of your legal rights, options and resources that are available by an expert as soon as possible.

There is no cost associated with speaking with an attorney, and any (reputable) personal injury who does take on a case for you does not not do so on retainer. They don't get paid unless you get paid, so don't let the fear of having to hire an attorney scare you off from contacting one. They can often time just give you some free solid advice on you best next steps, but time is of the essence.

Also, if you do manage to track down the driver and file an insurance claim, it's a good idea to take down this post and all descriptions/images of the incident and your injuries.

Jason Jenkins

Education Specialist/Crash Suport Programs Manager

Active Trans

Permalink Reply by Tom A.K. on June 6, 2014 at 2:25pm

Mike, You probably damaged a nerve near your elbow when you fell, which would account for the electrical pulse feeling up your arm. If you chipped a bone from your elbow it might float elsewhere. See your health care professional if you choose. As for legal fault, the van driver's action caused your fall from you trying to avoid colliding into him. A police report should have been filed.

Permalink Reply by Marc-Paul Lee on June 7, 2014 at 2:56am

Sounds like a violation of the law to me.  After all, that's why cars have turn signals.  

 (625 ILCS 5/11-804) (from Ch. 95 1/2, par. 11-804) 
    Sec. 11-804. When signal required. 
    (b) A signal of intention to turn right or left when required must be given continuously during not less than the last 100 feet traveled by the vehicle before turning within a business or residence district, and such signal must be given continuously during not less than the last 200 feet traveled by the vehicle before turning outside a business or residence district. 

Permalink Reply by Cheryl on June 8, 2014 at 4:42pm

In addition to the above, it seems to be a violation of the Municipal Code of Chicago 9-16-020(f):

Turning right in front of a bicycle.  When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.

p.s. I love the new crash hotline cards with relevant laws summarized on the back!

Permalink Reply by Julie Aberman (Hochstadter) on June 9, 2014 at 1:21am

I have to start carrying those around again. You know they are actually stickers too (but then you lose the laws om the back.

Cheryl said:

In addition to the above, it seems to be a violation of the Municipal Code of Chicago 9-16-020(f):

Turning right in front of a bicycle.  When a motor vehicle and a bicycle are traveling in the same direction on any highway, street, or road, the operator of the motor vehicle overtaking such bicycle traveling on the right side of the roadway shall not turn to the right in front of the bicycle at that intersection or at any alley or driveway until such vehicle has overtaken and is safely clear of the bicycle.

p.s. I love the new crash hotline cards with relevant laws summarized on the back!

Permalink Reply by Anne Alt on June 10, 2014 at 7:22am

There is no cost associated with speaking with an attorney, and any (reputable) personal injury who does take on a case for you does not not do so on retainer. They don't get paid unless you get paid, so don't let the fear of having to hire an attorney scare you off from contacting one. They can often time just give you some free solid advice on you best next steps, but time is of the essence.

In any incident like this, the longer you wait, the lesser the chance of any success in discovering the driver's identity. Surveillance cameras sometimes provide valuable information, but the retention period for video footage can be extremely limited.

Also, if you have any visible signs of injury, get good photos now, before they fade. This is another piece of evidence that can't be duplicated later.

Permalink Reply by Crazy David 84 Furlongs on June 10, 2014 at 9:34am

DELETE THIS DISCUSSION AND THE THREAD.   IT COULD BE USED AGAINST YOU IN LITIGATION.

Permalink Reply by Chitown_Mike on June 10, 2014 at 10:35am

Admin please delete.....didn't think about it potentially coming back.