Article written

  • on 20.10.2009
  • at 11:49 AM
  • by anita

A Bicycle and Cab Collide, One Story 3

Oct20

If you came out to El Tour de Taco this month, you probably met Emily, one of the organizers of the tour. Earlier this year, Emily was hit by a cab driver who was texting while driving in the rain. The front wheel of her bike was wrecked and she was injured. Last week, Emily had to call in to testify for her case and was unhappy with how it unfolded.

She writes that during the hearing “the attorney based her entire case on the fact that I shouldn’t have been riding my bike in the rain at 11:30 at night from Queens to Brooklyn, and that it was my fault that I got hit, because I shouldn’t assume that the cab would stop at the stop sign.  Here I’m assuming that they’re admitting that he ran the stop sign.  She also said that because I wasn’t filing a lawsuit that I must be lying.”

It’s kind of unbelievable to hear this would be considered a legitimate defence. Turns out the judge probably thought the same thing because Emily got a message from the Taxi and Limousine Commission stating that the cab driver was found guilty, which means 3 points on his license and a $250 fine. While this just a slap in the face for a guy who could have killed a cyclist, it’s good to hear the justice system isn’t a total wash and that there indeed was a verdict in favor of a cyclist.

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There are 3 comments for this post

  1. Fritz says:

    I’m glad the judge ruled to convict. Not surprised at all at the defense attorney’s words infuriating as they are – that’s his job, after all.

    Did Emily get a new wheel? Or will she have to file suit for that?

  2. anita says:

    The cabbie agreed to pay for the wheel from what I know but I don’t know if he actually followed through.

  3. Carlos says:

    She still ought to sue, both the cabbie and that POS lawyer for saying it’s her fault for even being out on a bike at night in the rain.

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