Dear Chainlinkers, should I testify against this cab driver to be sure he gets a ticket?

 

Sarah and I got doored on our tandem by a passenger exiting a cab.

 

*Edit: The passenger was exiting on the curb side of the cab, but did so in the middle of the street, the cabbie did not pull over*

 

The guy who doored us was nice , and the cab driver was also nice and waited.

I didn't say anything because I knew it was the cab drivers fault, and didn't want to start a fight.

 

The police were great, they gave a stern talking to the cabbie and the guy who doored me. They mentioned that dooring can be fatal and all that. They also didn't try to blame cyclists at all.

 

So my hand is a bit raw and I'm really shaken up. But I'm not hurt and the bike is okay I think. I'll have it checked out later.

 

The cabbie got the ticket. Not the guy who doored us. The police made it clear that the cabbie should have pulled over to the curb before allowing the passenger to exit

 

So I'm torn, I'm concerned the pursuing the ticket will make the cabbie bitter towards cyclists. Maybe next time this happens he'll drive away. Maybe he doesn't deserve the ticket. On the other hand either Sarah or I could be dead right now, or missing some teeth.

 

Maybe I'm still coming down from the adrenaline, but I'd like to know your thoughts.

 

Also can i create a poll somehow?

 

 

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The passenger did exit on the curb side, but did so in the middle of the road, the driver did not pull over like he was supposed to. Sorry I didn't make that clear.

Check out ActiveTrans' resource (http://www.activetrans.org/crashsupport).  Don't post any more details here until you've read through it.  Give them a call if you have any questions.  They have a support group, which people consistently say good things about (luckily I haven't needed it yet).

Over and over I make the point that passing on the right is a dangerous proposition. Passing a truck on the right cost a young woman her LIFE. Passing a bus on the right is asking for a vehicle that MUST move to the right to disperse its passengers. Taxis dispense passengers anywhere and everywhere they please and thus should be considered rolling ( or stopped ) pits of destruction and death.

Knowing and reacting to these things make YOU safer but still leaves the possibility of foolish drivers and foolish passengers doing foolish things that if bikers don't stop doing foolish things will cause injuries and harm.

I don't mean to sound uncaring or rude but we must act in ways that reduces our potential pain and being sure the ticket issued makes a positive message to this cabbie and if possible ALL cabbies (make up a press release and get it to TV, radio and print sources) so they start pulling over to the curb and control their passengers exiting actions. And the story needs to be told so other bikers DO NOT take risky actions that increase the likelyhood of being hurt.

Jeff

The Chicagoan

Jeff, sometimes traffic is just plain backed up. I've nearly been doored in the Damen bike lane by somebody exiting a car (not a cab) that was stuck in the traffic lane to my left. Passing all that traffic on the left means leaving the lane and riding in the oncoming traffic lane. That's a little more foolish than riding in a marked bike lane.

When we've only got five feet between stopped traffic and parked cars, it's a matter of when, not if. Paul didn't say if he was or wasn't in a bike lane or sharrow, but the fact is in those situations we're encouraged to keep to the right of cars, moving or not.

I think you should go to the court date for the ticket and give a statement if asked to do so.  I would think it would only help to deter the cabbie more in the future if he had to see from your perspective how difficult the experience was on you.  I feel he should have pulled over and not let the passengers off in the middle of the street.

That happened to me last year as well.

It is my understanding that the cabbie would be at fault since he is responcible for people getting out of his cab. Now If they were not listening to him and got out on the traffic side (not the case of the OP), he still would be responcible. He might have action against the passenger though. 

Dan Ciskey said:

Jeff, sometimes traffic is just plain backed up. I've nearly been doored in the Damen bike lane by somebody exiting a car (not a cab) that was stuck in the traffic lane to my left. Passing all that traffic on the left means leaving the lane and riding in the oncoming traffic lane. That's a little more foolish than riding in a marked bike lane.

When we've only got five feet between stopped traffic and parked cars, it's a matter of when, not if. Paul didn't say if he was or wasn't in a bike lane or sharrow, but the fact is in those situations we're encouraged to keep to the right of cars, moving or not.

I had a similar dooring incident several years ago.  Cabbies are REQUIRED to pull over to the curb to discharge passengers, so he was in the wrong.  In my incident, I had no idea until the door opened that a passenger would be getting out, when the cab stopped in the middle of the street at a stop sign.

 

I agree that previous opinions that you should not discuss the details of this any further online in order to protect your legal rights.  If you don't receive a notice soon for an upcoming court date, I'd suggest contacting the police station for the appropriate district.  You can also file a taxi complaint via 311.

Everyone is correct - no more talking details on the internet.

 

If you do not go to the court date, the ticket will be thrown out and it will be another statistic thrown out the window (or door in this case).

 

It is absolutely the responsibility of the cab driver to safely discharge his passengers. I understand this is not always possible (I'm looking at you drunk cubs fan, who actually wouldn't even be on this site - just know i'm looking at him/her), but regardless, the laws and liability is designed like that to protect everyone. I've talked to a lot of people doored by cabs where the passengers split. If the blame was only in the passenger and they didn't have insurance of some kind that could cover it, a victim would be out of luck in trying to get compensation to pay for their damages. Cab drivers on the other hand, are required to have insurance.

 

LASTLY! Please call the Active Trans' crash support hotline at 312.869.4357(HELP). A trained, crash support hotline volunteer will either answer your call or return it within 24 hours. They have a lot of resources that will help you out.

 

GOOD LUCK!

Way to blame the victim man...  Just curious but did you stop to read this to see just how nasty it comes off as?

 

So if I should never pass on the right how in the hell do I get by massive traffic jams, or should I just wait in line with all the cars at lights?

 

Jeff Markus said:

Over and over I make the point that passing on the right is a dangerous proposition. Passing a truck on the right cost a young woman her LIFE. Passing a bus on the right is asking for a vehicle that MUST move to the right to disperse its passengers. Taxis dispense passengers anywhere and everywhere they please and thus should be considered rolling ( or stopped ) pits of destruction and death.

Knowing and reacting to these things make YOU safer but still leaves the possibility of foolish drivers and foolish passengers doing foolish things that if bikers don't stop doing foolish things will cause injuries and harm.

I don't mean to sound uncaring or rude but we must act in ways that reduces our potential pain and being sure the ticket issued makes a positive message to this cabbie and if possible ALL cabbies (make up a press release and get it to TV, radio and print sources) so they start pulling over to the curb and control their passengers exiting actions. And the story needs to be told so other bikers DO NOT take risky actions that increase the likelyhood of being hurt.

Jeff

The Chicagoan

if you don't show up the ticket gets dropped. the cop probably won't show. That is how cab drivers get out of tickets: they fight every single one, and everyone else involved has more important things to do than show up for one ticket. there was an article on this a couple weeks ago in the Trib that was linked to here.

Here is a thought: 

 

First:  The cabbie was in the wrong - that's why the officer gave him a ticket.

 

Second: What if the cabbie does this again, and someone gets hurt badly or killed.  If you blow off the court date, there is no record of his prior infraction and he might get off easy because of his clean driving record. 

 

I think your duty is to make sure that the "system" has a record of his bad driving.  Otherwise there is no incentive to correct the bad behavior and only first offense punishment if he does it again.

 

OTOH, he was sorry.  He might change without the court date.  You have to judge for yourself.

I will ask you the same question I asked before... if you can't pass on the right how the hell do you get by traffic?

 

You should be able to safely pass vehicles while in the space provided for you on the road.  Cabs are supposed to pull to the curb; they should be over so that you cannot pass them on the right when the discharge passengers.  The CTA driver should be checking their mirrors before pulling to the curb.

 

Craig Hamill said:

With all due respect and much sympathy to the OP. Though we all don't know the complete circumstances of incident but I have to agree with a much that Jeff Markus said. If a cabbie stops out of the blue don't pass on the right, people get in and out of cabs and don't have the luxury of rear view mirrors.... don't ever pass a bus on the right unless they see you and have a bike lane. This may even mean having to follow behind traffic (OMG THE HORROR). Stay off busy roads if possible. 

notoriousDUG said:

Way to blame the victim man...  Just curious but did you stop to read this to see just how nasty it comes off as?

 

So if I should never pass on the right how in the hell do I get by massive traffic jams, or should I just wait in line with all the cars at lights?

 

Jeff Markus said:

Over and over I make the point that passing on the right is a dangerous proposition. Passing a truck on the right cost a young woman her LIFE. Passing a bus on the right is asking for a vehicle that MUST move to the right to disperse its passengers. Taxis dispense passengers anywhere and everywhere they please and thus should be considered rolling ( or stopped ) pits of destruction and death.

Knowing and reacting to these things make YOU safer but still leaves the possibility of foolish drivers and foolish passengers doing foolish things that if bikers don't stop doing foolish things will cause injuries and harm.

I don't mean to sound uncaring or rude but we must act in ways that reduces our potential pain and being sure the ticket issued makes a positive message to this cabbie and if possible ALL cabbies (make up a press release and get it to TV, radio and print sources) so they start pulling over to the curb and control their passengers exiting actions. And the story needs to be told so other bikers DO NOT take risky actions that increase the likelyhood of being hurt.

Jeff

The Chicagoan

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