Replies to This Discussion

Permalink Reply by Jim Reho on May 4, 2015 at 12:35pm

Check out the statutes below.  The duty to give information (and to report an accident involving personal injury, under section 401) arises, in my interpretation, only if there is actually damage to a vehicle or actual injury to someone.  If you are claiming that your bike was damaged or you were hurt, the driver may have violated one or both of these sections.  But if you didn't suffer damage to your bike or yourself, there would not seem to be any duty that arises on her part.     

(625 ILCS 5/11-401) (from Ch. 95 1/2, par. 11-401) 
    Sec. 11-401. Motor vehicle accidents involving death or personal injuries. 
    (a) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary. 
    (b) Any person who has failed to stop or to comply with the requirements of paragraph (a) shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver's name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff's office near the place where such accident occurred. No report made as required under this paragraph shall be used, directly or indirectly, as a basis for the prosecution of any violation of paragraph (a). (625 ILCS 5/11-403) (from Ch. 95 1/2, par. 11-403) 

    Sec. 11-403. Duty to give information and render aid. The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. 

Just my two cents' worth.  Glad you're OK!

Permalink Reply by Lisa Curcio on May 4, 2015 at 1:25pm

Call the Active Transportation Alliance Crash hotline or one of the fine attorneys who support the Chainlink and who specialize in bike crashes. And don't discuss it here.

Permalink Reply by Filka Bean on May 5, 2015 at 3:06am

The crash hotline is 312.869.HELP (4357)

http://activetrans.org/node/4613

"Don't discuss it here..." ...in order to avoid tipping your hand in a court battle by writing something unhelpful where anyone can see it (?)

Anyway, glad you didn't feel yourself to be injured at the time!

Permalink Reply by V W on May 6, 2015 at 1:59pm

"Don't discuss it here" makes sense as a general rule but if there's no damages there will be no sense in having a court battle. Also if you're in the right and you're telling the truth what's the harm?

Permalink Reply by Mike Keating on May 6, 2015 at 8:51am

I'm the only attorney that supports theChainlink. The Illinois outline with the Chicago Bike Flag on it is my ad. I was the very first advertiser on theChainlink and am happy to continue to support Yasmeen and theChainlink through the recent transition. Yasmeen and her team have done a great job thus far. 

The Illinois Bicycle Lawyers are sponsoring an upcoming Bar Night at the Happy Village soon and I look forward to seeing many of you again and meeting new Chainlinkers. 

Permalink Reply by V W on May 4, 2015 at 3:07pm

You mean you obtained a license plate number right? Anyway, lousy of the driver to not even apologize. If nothing else the driver deserves to be shamed IMO. That intersection always feels dangerous with all the traffic and the tight squeeze we cyclists must make to get through there during rush hour.

Permalink Reply by Mike Keating on May 6, 2015 at 9:12am

The main thing to do when there are no injuries you did, file a police report. I'd be happy to discuss it, call anytime: 312-239-6787 or email: Mike@KeatingLegal.com. Here's a link to a post I did on the responsibilities of a motorist involved in a crash with a vehicle. As WE all know, bikes ARE vehicles in Illinois so the duties extend to a crash with a bike. 

Most importantly, I'm glad you are OK. Sorry to hear you had to go through this, the impact and the insult from the driver. 

Permalink Reply by Tom A.K. on May 6, 2015 at 9:54am

Mike Keating said, "Sorry you had to go through, the impact and insult from this driver". Wise words. Very true.

Permalink Reply by Mike Keating on May 6, 2015 at 10:47am

Several years ago Illinois joined a number of states in implementing a "Sorry Works" rule for medical malpractice situations. Basically the law is that if a doctor makes a mistake and apologizes for the mistake, that apology can't be used as an admission against themselves in court.

The policy for this law is that for the injured person the INSULT of a lack of accountability can be as emotionally hurtful as the physical pain from an injury. But with an apology - a simple act of accountability, honesty and decency - that dissuaded people from pursuing lawsuits in search of accountability. So the law was changed to promote apologies. Sounds overly simple, but "Sorry Works" seems to be effective. Accountability matters to people. It takes the insult out of the injury.  

Permalink Reply by Justin on May 7, 2015 at 1:33am

Thank-you all for the generous information, advice and support.  I sincerely appreciate it.