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Con el cambio de horario por el Daylight Saving Time, las tardes en Chicago se vuelven oscuras más temprano, justo cuando muchos regresan a casa del trabajo o la escuela. Este cambio estacional crea condiciones peligrosas para los ciclistas que circulan por las calles de la ciudad. En Zneimer & Zneimer P.C., nuestros abogados de lesiones personales han representado a numerosos ciclistas lesionados después del anochecer — muchos de ellos simplemente regresaban a casa. Conocer los peligros de andar en bicicleta de noche y las obligaciones de los conductores puede ayudar a prevenir tragedias.

Oscuridad y Luces Altas: Una Combinación Peligrosa

Durante los meses de invierno, el sol puede ponerse tan temprano como a las 4:30 p.m., lo que significa que muchos viajes cortos ocurren en condiciones de poca luz o en completa oscuridad. Las luces delanteras intensas de los automóviles pueden cegar temporalmente a los conductores, dificultando ver a ciclistas que circulan al borde del carril. El problema empeora en calles angostas o cuando la lluvia o la nieve reflejan el brillo de los faros.

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As daylight saving time ends, Chicago evenings grow darker earlier—often just as commuters head home. This seasonal change creates a perfect storm for bicycle accidents on Chicago streets.  The bike injury lawyers of Zneimer & Zneimer P.C., have represented cyclists injured after dark, many of whom were simply trying to get home safely. Understanding the unique dangers of biking at night—and how motorists can help prevent tragedy—is crucial for everyone sharing the road.

Darkness and Headlight Glare: A Dangerous Combination

With sunset arriving as early as 4:30 p.m. in winter months, even short commutes occur in low-light or dark conditions. Bright headlights from oncoming traffic can momentarily blind motorists, making it difficult to see cyclists riding along the edge of the lane. This effect is especially severe on narrow Chicago streets or when rain, snow, or wet pavement reflects the glare.

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Have you ever been at an intersection around dusk and look to see if a car is coming from the other direction and register nothing, then proceed to begin to pull out when suddenly a car appears?  You look closer and you see that the car’s color was almost the same as the pavement.  If one takes note of car colors these days, one will notice that the vast majority of  cars on the road are black, gray, or silver, and those colors blend into Chicago pavement, rain, and winter gloom.  Do neutral colored cars make collisions more likely?    The Chicago personal injury lawyers of Zneimer & Zneimer P.C.  deal with crashes that are caused by visibility issues on a regular basis so we know that this is a serious issue.

You would think that the question of whether car colors affect crash frequency would have been comprehensively studied in the United States. It seems self evident that a red or orange car would be much more visible on the roadway than a black or gray car leading to fewer crashes.  Surprisingly,  there seems to have been very little research done on this topic in the United States on this issue.

While there seems to have been few comprehensive studies done in the United states, there are studies that have been done in other countries.

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The personal injury lawyers of Zneimer & Zneimer, P.C., represent people who are injured on Chicago streets — pedestrians, cyclists, motorists, passengers. In the last few years, we’ve seen a new and very predictable source of serious injury: electric scooters.

Let’s talk honestly about why e-scooters are so dangerous, who’s getting hurt, and why the City of Chicago needs to take this more seriously. (And if you’ve been injured in an e-scooter crash — as a rider or as a pedestrian struck by one — you should know your rights.)

Who’s actually riding these scooters?

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How often has it happened that you are driving at night and you come upon a bicyclist that you can barely see in the dark. You look closer and see the person is riding a black bike and is dressed from head to toe in black and the bike has no lights.  You think to yourself does this person have any idea how hard he is to see.? One would think that an investment in a set of $10 bike lights is certainly worth while to prevent serious injury or even death. Even in well-lit areas, bicycles can be difficult for drivers to see, especially when visibility drops during evening hours or in bad weather and especially given the fact that drivers come up upon bikers at speeds, giving little time to react.  The bike injury lawyers of Zneimer & Zneimer P.C.  have handled numerous cases involving cyclists injured because a motorist simply didn’t see them until it was too late.

Why Visibility Matters

Unlike cars, bicycles have a small profile and no built-in lighting system. When riding at night, a cyclist can easily blend into the shadows along the road, particularly if wearing dark clothing. Drivers often have limited reaction time, and the difference between being seen or not can mean avoiding a serious crash.

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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?

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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.

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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.

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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.

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