By Zneimer & Zneimer, P.C.
As Chicago works to implement Vision Zero, the legal landscape of traffic collisions is shifting—and so must how drivers operate, how plaintiffs’ lawyers approach cases, and how the public understands responsibility.
What Is Vision Zero?
When people think of truck safety, they often picture brakes, tires, and driver training. Yet one of the most overlooked aspects of safety in the trucking industry lies in paperwork—specifically, recordkeeping and reporting under 49 CFR Part 40. These requirements are not red tape. They are the backbone of the drug and alcohol testing system that protects the public from impaired truck drivers.
Every trucking company has a legal duty to maintain accurate and complete testing records. Positive drug or alcohol tests, refusals to test, evaluations by a Substance Abuse Professional, and follow-up testing schedules must be kept for at least five years. Negative and canceled test results must be retained for at least one year. Employers must also preserve collection records, laboratory reports, and communications with medical review officers. These documents must be readily available to the Department of Transportation or the Federal Motor Carrier Safety Administration within two business days of a request.
Beyond storage, employers must report violations. If a driver refuses or fails a test, the employer is required to provide that information to state licensing authorities. This ensures that a driver who poses a safety risk cannot simply move to another company and get behind the wheel undetected. When companies fail to report, they help dangerous drivers slip through the cracks, putting the public in jeopardy.
When you are injured in an accident, one of the most common questions the personal injury lawyers of Zneimer & Zneimer P.C. hear is: “If my health insurance already paid for my medical bills, can I still recover those expenses from the person who caused the accident?”
In Illinois, the answer is yes, thanks to a legal principle called the Collateral Source Rule.
What Is the Collateral Source Rule?
Federal law recognizes a simple truth that if truck drivers could predict when they would be tested for drugs or alcohol, the testing system would fail. That is why 49 CFR Part 40 and related DOT rules require truly random testing of drivers in safety-sensitive positions, including those who operate tractor-trailers on public roads. Random testing is a mandatory safety tool designed to keep impaired drivers out of 80,000-pound vehicles.
Random testing must be unpredictable. Carriers cannot tip off drivers, use biased selection methods, or schedule tests for convenience. Instead, the selection process must be scientifically valid and spread throughout the year. Each driver must have an equal chance of being chosen every time names are drawn. Importantly, being tested once does not exempt a driver from being tested again in the same year. The law is structured this way to create a constant deterrent against drug and alcohol use.
When a driver is selected, the employer must act immediately. Federal rules require that drivers report for testing as soon as they are notified. Employers cannot delay or reschedule to make life easier for the driver. A delay not only undermines the deterrent effect but can also signal that a company is willing to bend the rules—an attitude that often spills into other safety violations.
When a commercial truck driver fails a drug or alcohol test or refuses to take one, federal law does not simply allow them to get back behind the wheel the next day. Instead, the law requires a specific process to protect the public, and at the heart of this process is the Substance Abuse Professional.
Under 49 CFR Part 40, a Substance Abuse Professional is a specially credentialed professional who evaluates drivers who have violated the Department of Transportation’s drug and alcohol testing rules. Substance Abuse Professionals are not just counselors; they are federally recognized gatekeepers with the power to determine whether a driver can return to safety-sensitive duties such as operating a tractor-trailer. To qualify, an Substance Abuse Professional must be a licensed physician, psychologist, social worker, employee assistance professional, or certified drug and alcohol counselor, and must undergo DOT-approved training and testing.
Once a driver tests positive or refuses testing, the employer must immediately remove that driver from duty. At that point, the Substance Abuse Professional steps in. The Substance Abuse Professional conducts a face-to-face evaluation, determines whether the driver requires education, treatment, or both, and develops a rehabilitation plan. Only after the Substance Abuse Professional certifies that the driver has complied with these recommendations can the driver take a return-to-duty test. Even then, the process is not over. Federal rules require the Substance Abuse Professional to design a follow-up testing schedule that the employer must enforce, often lasting years and involving numerous unannounced tests.
The truck accident lawyers of Zneimer & Zneimer P.C. recognize the devastating personal injuries that can result from trucking accidents. To make the roads safer, truck drivers and trucking companies are responsible for complying with the rules of the road and federal regulations. Every truck driver who holds a commercial driver’s license (CDL) and operates in interstate commerce is subject to the Department of Transportation’s strict testing rules. These rules are not suggestions; they are federal safety mandates designed to keep impaired drivers off the road.
Drivers must undergo drug and alcohol testing in specific circumstances: before employment begins, after certain accidents, randomly during employment, when reasonable suspicion exists, and before returning to duty after a violation. Only urine and oral fluid specimens tested in HHS-certified laboratories are allowed for drug testing. Quick “instant tests,” hair testing, or unapproved methods are not authorized under federal law.
If a driver tests positive or refuses to test, federal law requires immediate removal from safety-sensitive duties such as operating a commercial vehicle. A driver cannot return to work until completing an evaluation with a Substance Abuse Professional, following prescribed treatment or education, and passing a return-to-duty test. Even after returning, the driver will face a rigorous schedule of follow-up testing for years
Bike riding has taken off in Chicago in the last few years. More bike riding has predictably lead to more bike accidents. The bike accident lawyers of Zneimer & Zneimer P.C. have witnessed the rise of bike accidents first hand, with more injury cases calling than ever. One of the most common types of bike crashes that Zneimer & Zneimer P.C. handle are “dooring” accidents. In Chicago the majority of bike lanes run right next to parked cars, and that proximity creates a serious and underappreciated danger: the risk of being “doored.” In a dooring accident, a motorist or passenger forgets to look for bikes and opens a vehicle door into the path of an oncoming bicyclist, causing a collision, most often throwing the biker off their bike that often results in an injury.
In this post, we’ll explain why dooring is a uniquely dangerous hazard in Chicago, what the law says about it, relevant crash data, and how injured cyclists can protect their rights.
Why “Dooring” Is Especially Risky in Chicago
Shared e-scooters from companies like Lime and Lyft have become a familiar sight on Chicago streets. They offer a quick, convenient way to get around, but they also raise serious safety concerns, especially when children are involved. Parents, schools, and communities across the city have noticed clusters of kids riding scooters near high schools when the dismissal bell rings. The personal injury lawyers of Zneimer & Zneimer P.C. have litigated cases involving injuries teenagers and we know how dangerous e-scooters can be.
Age Restrictions for Lime and Lyft E-Scooters
Ridesharing has transformed how we get around Chicago. Apps like Uber and Lyft make it simple to request a ride with just a few taps. But when accidents happen, rideshare cases are more complicated than a typical car crash. The biggest question is usually who pays? Understanding insurance coverage and what insurance coverage is in effect at the time of the crash is important in these cases. The personal injury lawyers Zneimer & Zneimer P.C. have handled many such cases and know that if you have been involved in a crash, it is important to speak with an attorney before speaking with the insurance company.
When You Are a Passenger in an Uber or Lyft
If you are riding in an Uber or Lyft and the driver causes an accident, both Uber and Lyft provide up to $1 million in liability coverage and uninsured/underinsured motorist coverage. One million dollars of coverage is more coverage than a vast majority of vehicles have on the road.
Heading to a lively street fair in Chicago can be a fun outing for humans and dogs alike. But when the space is packed, safety of other people and safety of the dog should be your top priority.
Potential Risks
