Attorney Brendan H. Kevenides is the “Chicago Bicycle Advocate.” He writes concerning what the British call SMIDSY or “Sorry Mate, I Didn’t See You” — the excuse that is often given when a motorist runs over a cyclist.
Motorists need to get something straight: I didn’t see Mr. or Ms. bicyclist is not a defense. It is an indictment.
The defense asserts that the collision itself notwithstanding, the motorist was careful, not negligent and, therefore, should not be held responsible for the bicyclist’s injuries. This was just one of those things. . .
Chicago’s municipal code gives the bicyclist the right-of-way over a left turning vehicle coming from the opposite direction. Yet, the putative defendant has been incredulous at the notion that she is responsible. She apparently told a witness at the scene that she never saw our client. She stated to the bicyclist in a subsequent voice mail message, “I’m sorry, but I don’t believe I’m at fault. Best advice I can give you is ‘be more careful’.” Evidently, she is of the opinion that since she never saw our client on his bicycle — she looked but did not see — she should not be held responsible for the damage she caused. Nonsense.
Read more at Chicago Bicycle Advocate.
How many times have you been told to “Be more careful” by the motorist after a hit or near hit?
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