What is worse that getting hit by a bus? Getting hit by a bus when you do not have health insurance.

That was the frightening reality faced by Desira Miller on the evening of August 10, 2018. The 27 year old bartender, aka “Baby D”, was riding her bike south on North Central Park Avenue, at the intersection with West Belmont Avenue, just before 11:00 p.m. when she was bit by a CTA bus. The bus driver traveled north on Central Park when he attempted to turn left onto Belmont. Though Desira was already well into the intersection, the driver, turned directly into her. The traffic signal for both Desira and the driver was green. Because she was traveling straight, Desira had the right of way over the turning bus operator. The heavy impact tossed her violently back in the direction from which she had come.

Desira sustained numerous injuries. Both of the bones in her lower left leg were broken and required surgical repair. She also sustained fractures to her nose, left first rib, left hand and left shoulder. She had a right lung contusion and a dislocated finger on her left hand. These injuries necessitated many months of difficult and painful medical treatment. In the end, her medical bills exceeded $160,000 which she had no means to pay. She was also unable to return to work for months after, denying her an income during that time.

Referred to us soon after the crash by our good friends at Comrade Cycles and Cut Cats Couriers, we represented Desira and conducted a thorough investigation into its cause. Knowing that CTA buses are equipped with surveillance cameras we quickly obtained videos of the crash. One of those demonstrated the driver’s point of view, looking through the windshield. (See above). The video revealed that though Desira was not riding with a headlight on her bike — a fact that the CTA emphasized — it also showed that thanks to ambient lighting from the bus’s headlights, street lights and from a nearby gas station, she was quite visible. The driver should have seen her despite her lack of a headlight. So why didn’t he? Video of the bus operator in the moments before the crash suggested an answer. It showed a sleepy looking driver, who operated his bus with his head resting heavily in his hand. If he was paying attention to what he was doing, it sure did not look that way. In light of this troubling video, the CTA did not contest that its driver was negligent.

In a news story about Desira’s ordeal after the crash in Block Club Chicago, one of her manager’s at Lost Lake referred to her as, “one of the most badass people I’ve ever met.” It is impossible not to agree. A skateboarder and cyclist, she is unrelentingly tough and strong. That strength, along with good medical care, helped bring Desira to a very good outcome. Though she still has a metal rod in her leg, she thoroughly recovered from her injuries. She is back to skating and biking.

At the end of January we settled her personal injury case against the CTA for a substantial sum of money. In addition to paying all of her outstanding medical bills, the settlement will likely cover the cost of her return to school. Given the courage she has displayed in the face of tremendous adversity, I have no doubt that she will be successful in her future endeavors.