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Written and Reviewed by Peter Zneimer, Zneimer & Zneimer P.C.

Chicago has built over 200 miles of on-street, protected, buffered, and shared bike lanes over the last few years.  Chicago has also engaged in initiatives like the Divvy bike-sharing system, which recorded over 11 million bike and scooter trips in 2024.  The expansion of bike lanes in Chicago has sparked heated debates among residents, city planners, and and local businesses . The bike injury lawyers of Zneimer & Zneimer, P.C. note that protected bike lanes is the best way to keep bicyclists safe from motor vehicles. While biking advocates highlight the benefits of dedicated cycling infrastructure, some neighborhood groups express concerns about the implications for parking, traffic congestion, and seasonal usability.​

 Bike Lane Advantages

At the Chicago bicycle attorneys Zneimer & Zneimer, P.C., our attorneys have long championed the rights of bicyclists across Illinois. As avid advocates for BIcycle-225x300safer streets and comprehensive accountability, we have represented cyclists injured due to roadway defects, negligent drivers, and flawed infrastructure. With the rise in bike commuting and recreational riding, our legal team stays on the cutting edge of developments affecting bicycle law. Recent Illinois appellate decisions draw attention to the legal limitations placed on injured cyclists seeking justice.

For Illinois bicyclists, the sight of a paved path or quiet sidewalk might offer the promise of a safer ride. But two recent appellate decisions—Johnson v. Village of Palatine and Mankame v. Bloomingdale Township—reveal the precarious legal terrain that cyclists must navigate when the infrastructure fails them. Each case involves a serious personal injury to a bicyclist caused by defects or dangerous designs in public ways. Yet in both, the courts found that the municipalities could not be held liable, despite what might seem to a layperson like negligence. These decisions show how immunity doctrines and legal definitions can quietly shift the burden of injury, the cost of medical expenses, from the state to the cyclist.

In Johnson, the plaintiff was riding his bike along a sidewalk adjacent to Quentin Road in Palatine. It was a sunny June morning in 2020. As he approached an uneven slab of sidewalk, Johnson’s tire caught on a raised portion. He lost control and flew over the handlebars, landing in a bush and suffering serious injuries. He sued the Village, alleging negligent maintenance of the sidewalk. But the Village asserted it owed him no duty. Why? Because he was not an “intended user” of the sidewalk.

This seemingly arcane distinction became dispositive. Under section 3-102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-102(a)), municipalities owe a duty of care only to those who are both permitted and intended users of public property. The Village conceded Johnson was permitted to ride on the sidewalk—its own ordinances allowed bicycles unless expressly prohibited. But permission was not enough. The Village argued that its infrastructure, policies, and even the physical dimensions of the sidewalk showed it was built for pedestrians, not cyclists. And the court agreed. Despite the absence of any signs telling Johnson not to ride there, he was held to be outside the scope of the Village’s legal duty. Summary judgment was affirmed in the Village’s favor and Johnson was left to bear his own cost for injuries, bills, and suffering.

Contrast this with Mankame, a tragic case arising from the death of Ramdas Mankame in September 2020. He was riding on the North Central DuPage Regional Trail, a 19-mile multi-jurisdictional path connecting forest preserves and suburban roads. His route that day took him from a boardwalk segment over a wetland onto an “on-road” portion of the trail along Lawrence Avenue. As he descended a slope toward an intersection with Garden Avenue, a car traveling north struck him. He died from his injuries.

The executor of his estate sued Bloomingdale Township and the Village of Bloomingdale, alleging negligent and willful conduct in trail design and maintenance. She claimed the transition from off-street trail to on-road segment, the downhill grade, and the absence of traffic control created a foreseeable and previously reported hazard. Another bicyclist had reportedly been hit at the same location earlier that year.

But the court dismissed the case. The key defense rested on section 3-104 of the Tort Immunity Act, which provides absolute immunity for a public entity’s Continue reading

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The NHTSA did a groundbreaking study in 2008 to analyzed the cause of auto accidents.  This study conducted by the University of Michigan closely studied 6,950 crashes using sensors and video cameras. From this study the researchers identified six major causes of car crashes.  The findings were highlighted in an article entitled “Anatomy of a Car Crash” in Slate, November 21, 2017.

Right Turns on Red

The personal injury lawyers of Zneimer & Zneimer P.C. highlighted the dangers of right turns on red in a blog dated February 15, 2025.  The dangers from right turns on red stem from the natural behavior of a driver who is engaging in a right turn on red.  When a person pulls up to a red light with the intention of making a right turn, the driver’s attention is focused to the left to see if any cars are coming from that direction. If a car is coming from the left but is far enough away that the right on red can completed, the average driver proceed into the right turn while still being mindful of any cars coming from the left.  What happens is the driver then fails to check for pedestrians crossing from the right or any bicyclist coming from the right.  A U.S. Department of Transportation study found that pedestrian being hit by cars rose 43% to 107% after permissive right on right laws were implemented.  Whats even worse, the NHTSA reports that rolling right on red accidents account for 6 percent of pedestrian deaths and sadly, 21% of these deaths are children.  It is easy to see why cities like New York and San Francisco have banned right on red in most of their downtown.

Bicyclist-in-Dark-Clothes-225x300At Zneimer & Zneimer P.C., we handle personal injury cases involving injured bicyclists throughout Chicago and Illinois and have learned from experience that visibility plays a crucial role in bicycle accident cases. Both Illinois law and Chicago’s municipal code impose specific duties on bicyclists to help prevent crashes and to ensure that, if an accident happens, the bicyclist does not bear legal responsibility for failing to follow the rules.

The Rules of the Road Apply to Bicyclists

The Illinois Vehicle Code requires bicyclists to follow the same traffic laws that apply to motor vehicle drivers. Under 625 ILCS 5/11-1502, every person riding a bicycle upon a highway “shall be subject to all of the duties applicable to the driver of a vehicle,” unless a provision of the Code clearly does not apply. This includes obeying signals, yielding when required, and using lighting and reflectors for visibility at night. When bicyclists ride in traffic, the law treats them as drivers. That means the duty to avoid contributing to an accident is the same.

Chicago Ordinances Underline the Visibility Requirements

Chicago’s municipal code goes further. Under Chicago Municipal Code § 9-52-080, a bicycle used at night must be equipped with:

  • A white headlamp visible from at least 500 feet in front,
  • A rear red reflector that reflects headlights from up to 200 feet away,
  • Or a rear red lamp that emits light visible from 200 feet,
  • And a brake that can cause the braked wheel to skid on dry, level pavement.

These are not optional features. A bicyclist who rides at night without these elements violates the ordinance and may be found at fault in a collision. If the case proceeds to litigation, defense attorneys or insurance companies will likely use that violation to argue contributory negligence.

In addition, Section 9-52-100 makes clear that parents or guardians may not knowingly allow children to violate bicycle regulations, meaning that even adults who let their children ride without lights may face legal exposure.

Real Consequences in Real Cases

In Bolek v. West Shore Transport Co., a nine-year-old boy rode his bicycle at dusk and entered a street intersection where a tractor-trailer was turning. The boy had difficulty balancing the bicycle and did not have a headlamp. The trailer ran over him, causing fatal injuries. The plaintiff sued for wrongful death, arguing that the driver failed to keep a proper lookout or sound a warning. The court allowed the jury to consider whether the boy’s lack of a headlamp contributed to the collision. The jury returned a verdict for the defense. The appellate court affirmed the verdict, stating that the absence of a headlamp raised a valid question of contributory negligence. The court found that even though the driver may have failed to see the boy, the lack of a headlamp on the bicycle supported the defense theory that the boy’s visibility played a role in the accident.

In Savage v. Martin, a ten-year-old girl  was struck by a car while crossing an intersection on her bicycle in Chicago. Her mother filed a personal injury lawsuit against the driver, alleging that his negligence caused the accident. According to testimony, the child was 20 to 30 feet outside of  the crosswalk when the collision occurred.  As she was outside of the crosswalk, this may have affected her visibility to the driver, who claimed he did not expect a bicyclist to cross mid-block or outside the designated area.At trial, the court directed a verdict on contributory negligence, holding that the child was contributorily Continue reading

Car accidents change lives in an instant. One moment, you are driving home, thinking about dinner plans, and the next, you are in an ambulance, worried about hospital bills, missed work, and whether your insurance will cover the damage. In Illinois, car accident victims have legal rights to recover compensation, but the process is not always straightforward. Zneimer & Zneimer PC, experienced Chicago personal injury attorneys, fight for their clients to ensure that the personal injury victim’s harms are properly monetized.

What Damages Can You Claim After a Car Accident?

Victims of car accidents can seek different types of damages. Illinois law separates these into compensatory damages and punitive damages, and courts treat these claims differently, depending on the evidence presented.

1. Compensatory Damages: Getting Back What You Lost

  • Medical Bills: Take the case of James Henderson, who was rear-ended at a red light. The impact sent him to the hospital, where he underwent surgery for a spinal injury. His medical expenses piled up—an all-too-common scenario. Under Henderson v. Hudson (121 Ill.App.3d 780 (1984)), Illinois courts require juries to itemize compensation for economic damages like medical bills, physical therapy, and ongoing treatments.
  • Lost Wages and Property Damage: A plaintiff had been saving for years to open her own bakery when a reckless driver ran a red light and totaled her car. Her injuries kept her out of work for months, setting her dream back. Illinois law allows victims to recover lost wages and compensation for the cost of repairing or replacing their vehicle.
  • Pain and Suffering: Some losses are harder to quantify. When a plaintiff was struck by a distracted driver, he suffered nerve damage that left him unable to play the guitar, which was a lifelong passion. Courts recognize that victims deserve compensation for these emotional and physical losses.
  • Loss of a Normal Life. According to the Illinois Civil Jury Instruction, a loss of a normal life means “the temporary or permanent diminished ability to enjoy life. This includes a person’s inability to pursue the pleasurable aspects of life.”
  • Disfigurement.  Illinois law recognizes disfigurement as a result of negligence as a separate element of compensable damages.  This means that a person who was scarred as a result of the negligence can seek additional compensation.

To recover for the different items of damages, the personal injury

2. Punitive Damages: When Negligence Becomes Outrageous

Illinois law does not grant punitive damages lightly. These damages are meant to punish the defendant and send a message that reckless behavior will not be tolerated.

Consider Ford v. Herman (316 Ill.App.3d 726 (2000)), where a driver with a history of DUI convictions got behind the wheel after downing eight or nine beers. His reckless decision led to a horrific crash, severely injuring a family. The court awarded $6 million in punitive damages—far exceeding the victims’ medical bills—to punish the driver and deter others from drinking and driving.

Another shocking case, Denton v. Universal Am-Can, Ltd. (2019 IL App (1st) 181525), involved a trucking company that ignored federal safety regulations and allowed an unqualified driver with a suspended license to continue working. That negligence led to a catastrophic crash. The jury awarded $35 million in punitive damages, recognizing the company’s blatant disregard for public safety.

3. Credit Damage: A Tough Fight

Some victims face financial ruin after a car accident. Medical debt, missed work, and insurance disputes can lead to missed payments and a ruined credit score. But can you sue for credit damage?

In Anderson v. Nelsen (2023 IL App (4th) 220801), a plaintiff sought $25,000 in damages for his plummeting credit score. The court rejected the claim, arguing there was no clear evidence linking the accident to his financial troubles. While courts remain skeptical about credit-related damages, it is worth trying to develop the law because the loss of credit score results in monetary loss to the plaintiff and needs to be monetized. Victims must show documentation of missed payments, expert testimony on credit impact, and proof of loan denials.

Why Legal Representation Matters

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Bicyclists in Illinois and Chicago have the legal right to share the road with motor vehicles on the roadways.  Additionally, bicyclists have the legal responsibly to follow that same traffic laws that motor vehicles do.  The bicycle injury lawyers of Zneimer & Zneimer P.C. often use violations these statutes to prove negligence when litigating bike injury cases.

Illinois State Laws Protecting Bicyclists

  1. Three-Foot Passing Law (625 ILCS 5/11-703)

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Written and reviewed by Peter Zneimer, Zneimer & Zneimer P.C.

According to the Chicago Department of Transportation, bicycling grew more in Chicago than any other large American city in the last five years. According to this study, biking is up 119% between the fall of 2019 and the spring of 2023.  Other studies have that neighborhood trips have increased substantially during this time period.  The bicycle accident lawyers of Zneimer & Zneimer P.C. have also noted a large increase of clients who were injured while biking.

Though the city has been investing millions of dollars on protected bike lanes and painted bike lanes, riding a bike in Chicago remains treacherous.  Though drivers in Chicago have grown more accustomed to the presence of bikers on the roadways, drivers need to always be vigilant at all times.  On the north side of Chicago in Lincoln Square, for example, the City has recently created painted bike lanes along Lincoln Ave., along Damen Ave. and along Lawrence Ave.  These bike lanes that are just painted on may be beneficial to some degree since they make drivers more aware of the potential presence of bikers, in reality, they offer little protection.  From a drivers perspective, one has to be super careful making a turn into or coming out of any parking lot that cuts across a bike lane.  We are accustomed to only look for cars but now as drivers, we must watch for bikes which are as visible as cars.  That is why it is so important for bikers to have lights on their bikes and to wear bright clothing.  Another particularly dangerous situation is when a driver is approaching an intersection with the intention of making a right turn.  The driver needs to look back into their mirrors and try to turn their heads to see if any bike are coming in the bike lane before crossing the bike lane.  The potential for collision with a bike is high because of the large blind spot on that side of the car.   Night time is an extremely hazardous time for bicyclists.  Without lights and bright, reflective clothing, bikers can be barely visible in the dark. On many occasions I personally have driven up upon bikers dressed in all black with no lights on their bikes and not seeing them until I was very close.

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“Open and Obvious” Defense in Illinois Premises Liability Cases

In Illinois premises liability cases, property owners have a legal duty to maintain their premises in a reasonably safe condition for those who lawfully enter the property. If there is a dangerous condition on a property, and a person is injured by the dangerous condition, the property owner may be held liable.  One common defense in a premises liability case is the “open and obvious” defense.  The experienced personal injury lawyers of Zneimer & Zneimer P.C. confront this possible defense in many premises liability cases.

What Is the “Open and Obvious” Defense?

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Written and reviewed by Peter Zneimer, Zneimer & Zneimer P.C.

You go to Jimmy’s Market to buy some groceries at 3:00 pm in the afternoon.  That morning it had snowed 5 inches and then began to melt.  You park your car and when you near the entrance of the store you slip on ice and snow on the walk way that had not been cleared and fall on the ground and break your arm.   Jimmy’s Market had a contract with Frank’s Snow Removal company to promptly clear ice and snow for Jimmy’s Market after any snow storm.   Frank’s Snow Removal Service failed to show up that day to remove the snow. Under these facts, is there any possible liability against Jimmy’s Market and/or Frank’s Snow Removal Service? This is a common fact pattern that the personal injury lawyers of Zneimer & Zneimer P.C. encounter.

Under the “natural accumulation rule” in Illinois, property owners have no duty to remove natural accumulations of snow and ice from their property. The rational is that since winters in Chicago can be harsh, especially in Chicago, imposing a duty on property owners to remove natural accumulations of of snow and ice would be unreasonable and unpractical.  To win a slip-and-fall case involving ice or snow, the plaintiff typically must show that (1) the accumulation of snow and ice was unnatural and (2) the defendant had actual or constructive notice of the condition.

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On January 27, 2025, Block Club Chicago reported that a woman was walking across an intersection at Chicago Avenue and Oakley Blvd. in Chicago when she was struck and killed 2022 Mitsubishi Eclipse that fled the scene without stopping. According to a witness, the pedestrian women was walking westbound across Oakley Boulevard when the driver came to a stop for a red light and then proceeded to make a right on red when they struck the pedestrian.

The personal injury lawyers of Zneimer & Zneimer P.C. have observed from personal experience that drivers making a right on red is a leading cause of pedestrian injuries.  Statistics also indicate right on red has lead to an increase of pedestrian injuries.  A 1982 study by the U.S. Department of Transportation found that after the adoption of permissive right-turn-on-red laws, pedestrian accidents increased by 43% to 107%, and bicyclist accidents rose by 72% to 123%. Over half of these incidents involved vehicles turning right on a red signal.  In general, according to the Governors Highway Safety Association, pedestrian deaths rose 77% from 2010 to 2022.

Many cities have been re-examining the utility of right on red laws in light of the push for safer intersections for pedestrians.   Washington, D.C. has adopted a ban on right on red beginning in 2025. New York City has banned right on red for most of the city.  Ann Arbor, Michigan, has prohibited right turns on red in its downtown area. San Francisco has also implemented restrictions in the downtown area and in most all cities in Europe, right on red is not allowed.

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