Articles Posted in Bicycle Accidents

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On June 21, 2012, Matthew Lyman, 19, was driving his bicycle northbound on by the defendant, Thomas Garcia. Garcia’s car was traveling westbound on Congress Parkway. Matthew sustained a fractured left wrist, which required open reduction internal fixation with a plate and ten screws. A 3-inch surgical scar was left on his wrist, he had road rash on the left side of his torso and his left arm. He also suffered permanent discoloration of the skin on his left arm from the road rash.Lyman had $34,332 in medical expenses along with $3,800 in lost time from his job as a bicycle mechanic.

He argued that he entered the intersection (Congress and Michigan) on a green light and that the light was yellow when the crash occurred. The defendant Garcia argued that his light was green as he approached and entered the intersection and there were no vehicles or bikes when he entered it. Garcia maintained that Lyman ran a red light on his bike.

Garcia said Lyman and his friend, who was on another bike, were one-third of a block away from the intersection when their light changed to yellow. They decided to pedal faster to beat the light instead of slowing down and stopping. The light turned red prior to the crash, and Garcia could not see Lyman before the impact because Lyman came from his driver’s side behind the mirror, which was where the initial point of contact occurred.

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On Nov. 13, 2012, Kevin York was riding his bicycle near the exit of Busse Wood Forest Preserve in the northwest suburbs of Cook County, Ill., when he was struck by a motor vehicle driven by defendant Kenneth Heffern. Heffern, a 76-year-old retiree, left the scene after the incident.

York, who was 50 at the time, suffered a torn rotator cuff, which required two surgeries. His medical expenses alone were $160,000. Heffern’s wife, Gloria, owned the motor vehicle that hit York and was sued for negligent entrustment. Negligent entrustment of a motor vehicle is a recognized cause of action in the state of Illinois. In this case, since Mrs. Heffern loaned her car to her husband, Mr. Heffern, who she knew or should have known was an unsafe driver, she was claimed to have been negligent as well. Default judgments were entered against both of the Hefferns by the presiding judge. Plaintiff’s counsel, Justin Weinrich, initiated collection proceedings against the Hefferns, including liens on their property, as well as a wage garnishment against the wife. At a bench trial, the judge entered judgment in the amount of $514,507.

Kevin York v. Kenneth Heffern, Gloria Heffern, Case No. 12 L 1223 (Cook County, Ill.).

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On Nov. 9, 2012, Hawree Amin was riding a bicycle eastbound on Winnemac Avenue in the city of Chicago, traveling through the intersection at Clark Street. The defendant, Karl Fujihara, driving eastbound in his car came alongside a car on the left. Amin maintained that Fujihara suddenly veered to the right to avoid a protruding manhole cover and hit Amin’s left shoulder with his car’s right side-view mirror and caused Amin to fall off his bike. He landed on his right knee.

Amin, 26, is an auto mechanic. He sustained blunt trauma contusions and ligament injuries to his left shoulder and right knee. He also suffered a sprained right ankle, low back strain and neck pain.

The defendant Fujihara argued that Amin, who is blind in one eye, rode his bike into the side of Fujihara’s car, denied that he veered to avoid any manhole cover, denied that Amin ever fell to the ground and disputed the extent of his claimed injuries.

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Walter Rutland, 49, was riding his bike in the right lane of a state road that had recently been resurfaced. He moved to the right to avoid a car approaching from behind him. The bicycle’s front tire came on to a drop-off between the newly resurfaced road and a fringe area that had not been resurfaced. Rutland lost control of his bike and fell.

As a result of his fall, he was hospitalized with spinal injuries; an MRI showed swelling at C1-7. He underwent decompression infusion surgery at C2-7, but the injuries resulted in complete quadriplegia. Rutland is now only able to walk about 25 feet. He requires a wheelchair for longer distances to move about. He also requires assistance with most of his daily tasks.

Rutland’s past medical expenses totaled about $700,000 and his future medical expenses and life-care costs were estimated to be about $4.5 million.

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On Jan. 26, 2011, 23-year-old Jerry Oswalt was riding his bike from one dog walking customer’s home to another, riding southbound on Sacramento Avenue near its intersection with Logan Boulevard. Oswalt claimed that he entered the intersection on a green light but was hit at the bike’s rear tire by the defendant’s eastbound car, which ran a red light. The defendant, Esther Fragoso, was claimed to have caused Oswalt to fall and strike his head on the road knocking him unconscious. When he regained consciousness, his head was bleeding and he staggered out of the intersection to a nearby grass median with his bike and laid down.

Oswalt, in addition to the concussion he suffered, sustained a six-inch cut to the right temple area above his eye, facial scarring, a tiny cortical fracture, right orbital hematoma, right knee pain and contusions.

Fragoso, 77 and retired, argued that she had a green light and that Oswalt went through a red light. She also said that her vehicle never made contact with Oswalt’s bicycle and that she saw him lose control of his bike on the wet, snowy pavement and fall to the ground.

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A Cook County jury entered a $4,268 jury verdict for Jonathan Mischo, who was riding his bicycle eastbound on Belle Plaine Avenue in Chicago when he was struck by the car driven by the defendant, Dawit Tekeste, who was driving a southbound taxi cab at the intersection of Belle Plaine and Clarendon.  Mischo suffered a sprained left wrist and aggravation of chronic headaches. Tekeste maintained that Mischo was traveling through a stop sign, didn’t stop and entered the intersection when the collision took place.

The attorney for Mischo, Bryan O’Connor Jr., asked the jury to return a verdict of $117,000.  The offer to settle the case before trial was $4,500.

The jury’s verdict of $8,535 was reduced by 50%, which the jury found was the contributory negligence of Mischo.  The total verdict of $4,268 was made up of the following damages:

  • $4,268 for medical expenses.

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On Oct. 10, 2008, 12-year-old Ryan Walsh and his cousin were riding their bikes to school at Thompson Junior High School in Oswego, Ill.  They were traveling northbound on the sidewalk along Boulder Hill Pass.  Ryan was crossing the school’s driveway apron when the defendant school bus full of students made a right turn into the driveway.  This caused a collision with Ryan and his bike in the crosswalk.

The impact between Ryan’s bike and the school bus occurred between the bicycle and the passenger side of the bus immediately behind the front tire.  This caused Ryan to become lodged underneath the bus and be dragged 10-15 feet, according to the bus driver.

Ryan sustained a right-sided L-5 transverse process fracture, right-sided S-1 fracture, puncture wound to the right buttocks, road rash and abrasions to his hands, arms and legs.  Ryan later developed permanent degeneration of his lumbar spine with a bulging L4-5 disc.  His medical bills were $49,452.

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Fox Factory, located in Watsonville, Calif., has recalled Evolution 2013 mountain bike suspension forks. Built for the model year 2013, the recalled suspension forks are for the series 32 and 34, with a 120 mm to 160 mm. 

The suspension forks’ damper cylinder/pistons can separate and cause the front wheel to detach, which could be dangerous to riders.  The Evolution name and logo are on the sticker on the front fork with the Fox brand name logo.  

Bike retailers nationwide sold bikes that fit this recall between August 2012 and October 2013 as original equipment on the bikes.

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On June 3, 2011, Thomas Schrey alleged that he was standing with his bike at the corner of 55th Street and Western Avenue in Clarendon Hills, Ill.  Schrey said he was waiting to cross 55th Street when the defendant, Pamela Herman, was driving her car eastbound; Herman’s car left the roadway and struck Schrey and his bicycle. 

Schrey was a 65-year-old retiree and was not knocked down by the passing car. He suffered a left elbow fracture, which required open reduction internal fixation surgery.  His medical bills were $49,000.

The defendant argued that Schrey was seated on his bike on the sidewalk, chose not to look for traffic and then rode his bike into the side of Herman’s vehicle.

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On March 25, 2011, Lance Wright, a 50-year-old bicyclist, was on a public sidewalk heading southbound past a Walgreens store at its parking lot at 5431 S. Harlem Ave. in Chicago, Ill. The bike he was riding collided with the defendant’s car as it was leaving the parking lot. Wright argued that he was riding along the lot’s driveway when the defendant, John Holcomb, drove his car into the left side of Wright’s bike. 

The impact of the bike and the car threw Wright into the hood of Holcomb’s car, injuring Wright’s back and shoulder.

Holcomb drove Lance Wright to the hospital. Lance sustained a herniated disc at L3-4 and L4-5 and underwent two series of lumbar injections to help with his pain.  Surgery was recommended at a cost of $51,847. 

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