Cyclist alleges car passenger caused bike lane accident

Dan Harkins Jun. 23, 2015, 2:11pm

A cyclist is suing a passenger in a vehicle, alleging injuries after the passenger opened her door into the bike lane.

Andrew Ramirez filed a complaint June 17 in Cook County Circuit Court against Tosca L. Daniels and Clara Daniels.

According to the complaint, on June 20, 2013, Ramirez was riding his bicycle in the bike lane west on Roosevelt Avenue in Chicago, near the intersection of Blue Island Avenue. while Tosca L. Daniels had parked her vehicle in the bike lane ahead of Ramirez, with the tires either touching or entirely within the bike lane. As Ramirez drove by, the lawsuit states, Clara Daniels, a passenger in the back seat of the Daniels vehicle, opened her door into Ramirez's bike, causing an accident.

The suit says Tosca Daniels was negligent for stopping in a bike lane, parking in a bike lane, instructing her passenger to exit, and for failing to park close to the curb, look to see if bikes were approaching and warn passengers about an oncoming risk.

The suit alleges Clara Daniels was negligent for failing to look for oncoming traffic, opening her door when it was safe, opening the door safely, and exiting the vehicle via the passenger-side door.

Ramirez seeks damages in excess of $60,000, $30,000 from each defendants, plus costs. He is represented by attorney Andrew J. Fink of the Solis Law Firm in Cicero.

Cook County Circuit Court case number 2015L006164.

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