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
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.
“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?
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.
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.
Written and reviewed by Peter Zneimer, Zneimer & Zneimer P.C.
From experience, the auto accident lawyers of Zneimer & Zneimer P.C. have observed that hit and run accidents are common in Chicago. While most people will stop after an accident and exchange information, there are irresponsible drivers who will simply take off. Some drivers will simply not stop and take off from the start. Other drivers, however, stop briefly then think about it and then take off. Others stop and state that they are going to pull their car to the side of the road and then drive off without exchanging information. That is why it is important not to trust the other driver and be sure to get photos and videos of the other driver’s license plate and vehicle immediately and photos of the other driver. Why is it important to get a photo of the other driver? After we track down the owner of the car through the Secretary of State with the license information, it is not uncommon for the owner of the car to completely deny they were driving the car and the time place of the occurrence. Then when we make a claim with the other driver’s insurance, the insurance company will deny the claim because the owner tells their insurance company that it was all a mistake since they were not involved any accident. Nothing settles an insurance claim faster than presenting the insurance company with videos or photos of their insured at the scene of the accident. The insurance company now knows that their client is dishonest, and are then eager to settle the claim.
What if the other driver takes off and you are unable to get a license plate number? If you drive and have insurance, then your uninsured motorist coverage will cover medical expenses for injuries arising out of a hit and run. In hit and run cases it is important to notify the police immediately and make an accident report. Be sure to document the scene with photos of your vehicle and the scene of the accident. Next, it is very important to notify your own insurance company immediately. Some insurance companies, especially substandard insurance companies, have a very short time frame to notify them regarding a hit and run and they will deny coverage if you report past their short time frame. Keep in mind, some insurance companies are looking for any excuse to deny coverage so when you report the accident on the phone, be sure to document when the call was made and who you spoke to. Always be sure to get a claim number from the insurance company because that will be how the case is tracked. Be sure to follow up with a written notice of claim sent by certified mail if that is what your insurance company requires. The bottom line is to be sure you are complying with the notification requirements of insurance policy to avoid having your insurance company deny insurance coverage.
Written and reviewed by Peter Zneimer, Zneimer & Zneimer P.C.
The number of fatal or serious injury crashes in some Chicago neighborhoods is shocking and would be surprising to people living in those neighborhoods. According to the Chicago Department of Transportation’s annual traffic crashes report, there were an astounding 135 serious or fatal traffic crashes in the Austin neighborhood, 56 in Belmont Cragin, 50 in Portage Park. Jefferson Park had only 8 and Hermosa and Forest Glen had 12. According to Chicago statistics, 84% of the traffic fatality cases in 2023 involved reckless or egregious driving behavior. From personal experience, the personal injury lawyers of Zneimer & Zneimer P.C. can attest that many of the cases we handle involve defendants who caused accidents by driving recklessly, by driving at excessive speeds, by testing and driving or other such dangerous driving practices.
Reckless driving can include various dangerous behaviors, including excessive speeding, aggressive lane changes, running red lights, and driving under the influence. In Chicago, with the dense traffic conditions and the presence of pedestrians, such driving is much more likely to lead serious injuries.
Written and Reviewed by Peter Zneimer, Zneimer & Zneimer P.C.
You are stopped at a red light when out of the blue you are rear-ended by an SUV. Your car is badly damaged and you are injured and taken to the the emergency room in an ambulance. The liability is clear that it is the other drivers fault. However, there is one big problem. The other driver is uninsured. The Chicago personal injury lawyers of Zneimer & Zneimer P.C. unfortunately run into this situation quite often. With the cost of auto insurance rising, more people have trouble paying for auto insurance and are choosing to drive with out protection. According to Insurance Research Council (IRC) in 2022, 14 percent of drivers in the USA did not have insurance coverage. In Illinois the number of people driving without insurance is slightly higher, at 16.3%.
In Illinois, driving without insurance is against the law and if you are caught, could lead to a ticket. The fines a Judge can levy may be substantial.
In Chicago and everywhere, most homes have stairs. When stairs lack proper safety features like handrails, they become a hidden hazard. Missing, defective, or wobbly handrails are not just inconvenient. They are a serious safety concern that can result in devastating injuries. In Chicago and in Illinois, property owners have a legal duty to ensure that stairways comply with safety standards, including the installation of handrails. When they fail to do so, and someone falls on the stairs, the owner would likely be responsible for the injuries.
The Critical Role of Handrails: Insights from Research and Case Law
Research shows that handrails play a crucial role in preventing falls. A study by Maki et al. demonstrated that handrails allow individuals to quickly stabilize themselves, reducing the likelihood of a fall. In cases where people lost their balance, those who grabbed a handrail could generate stabilizing forces equal to 60% of their body weight within seconds, a response that dramatically reduced the risk of serious personal injury.
Written and reviewed by Peter Zneimer of Zneimer & Zneimer P.C.
As Chicago personal injury lawyers with over 20 years of experience, Zneimer & Zneimer P.C. has witnessed a constant rise in the cost of medical treatment, car repairs and used cars and new cars over the years. However, during that 20 years, the minimum insurance coverage required by the state of Illinois has risen from $20,000 to $25,000 per person with the maximum of $50,000 coverage per car if there are passengers who were injured. While some people opt for the $25,000 coverage policy because it is the cheapest, it is also the riskiest. If you get into a crash that is your fault and the other driver is injured and needs to be taken to the hospital via ambulance and the requires physical therapy the medical damages alone can quickly reach that $25,000 policy limit. That is not even counting the additional damages of wage loss, pain and suffering and loss of a normal life that the other driver may be entitled to. If the damages to the other driver far exceed your policy limit of $25,000 and you own significant assets such as stocks, a bank account and a paid for house, nothing prevents the other driver from rejecting the $25,000 policy and going after your personal assets. If you do not have any assets, then there is less risk in purchasing the minimum policy, but if you do own assets then you can rest easier with a large policy limit.
The personal injury lawyers of Zneimer & Zneimer, P.C. often have clients who were in an accident and the other at fault party in the other car either is uninsured or has only the bare minimum policy of $25,000. Fortunately, Illinois law requires that all insurance polices also include uninsured motorist coverage that offers protection in case you are injured by a driver that does not have insurance or if you are injured by a hit-and-run driver. The minimum coverage for uninsured motorist is $25,000 per person injured in the accident and $50,000 per single accident if there are multiple injured passengers. What if the other at fault driver has only $25,000 coverage but your medical bills far exceed the $25,000 and the other drivers insurance offer the total$25,000 policy? Does that mean you will be left insufficiently compensated? The answer is that depends. If you also have the minimum $25,000 policy and you settle with the other at fault driver for $25,000 (the full policy) then the $25,000 you receive from the other driver will be set-off again your own $25,000 coverage so you will not receive any additional compensation. However, if the other driver had $25,000 in coverage and you had $100,000 in under-insured coverage, then after you received the $25,000 policy from the other driver and after the set-off of $25,000 you will have $75,000 in additional coverage for a total of $100,000. So it may well be worth paying extra for larger policy limits to be protected from under-insured and uninsured motorists. Given that almost 17% of drivers on Illinois roads and a large percentage of drivers only carry the minimum coverage, it is wise to pay the extra for larger policy limits.
