Articles Posted in Auto Accidents

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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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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.

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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.

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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.

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You buy a new car and you finance it and make your payments every month.  You drive a lot and put 60,000 mile on your car in one year. Then one year later another driver runs a red light and slams into your car.  You, thankfully, are not injured, but your car is a total loss. Good thing you have full coverage.  You insurance company evaluates your car and determines the value of your car is $15,000 and will cut you a check for that amount.  Unfortunately, you still owe $20,000.00 on your car.   You complain about the settlement offer but the insurance company points out that they are only liable to pay the value of your car, not what you paid for it and directs you to Kelly Blue book to verify what your car is worth. You may ask how can I protect myself from incurring a loss in this situation.  The personal injury Lawyers of Zneimer & Zneimer, P.C, have encountered this scenario quite a few times and the first thing we ask our clients is whether there was a GAP insurance policy in effect at the time of the accident.

What Is GAP Insurance?

GAP insurance“Guaranteed Asset Protection” is a type of auto insurance coverage that protects car owners from financial loss if their vehicle is totaled or stolen and the payout from their standard auto insurance doesn’t cover the full amount they owe on the car loan or lease.

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Written and reviewed by Peter Zneimer

Anyone who commutes down Western Ave. in Chicago has noticed all the construction being done along the sidewalks to add curb bump-outs and other pedestrian friendly additions.  Curb bump-outs are curbs that are extended into the street, creating more space on the sidewalk at the corner.  The philosophy behind curb bump-outs according to the Chicago Department of Transportation website is that the bump-outs make the streets safer and reduce pedestrian injuries that result from pedestrians being hit by a car:

  • Slowing down traffic by narrowing the street

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El uso de scooters eléctricos ha aumentado dramáticamente en Chicago en los últimos años. La popularidad de los scooters eléctricos ha sido impulsada por la introducción de servicios compartidos como Divvy, Lime y Spin. Estos scooters se dejan en las aceras y calles y se pueden desbloquear con una aplicación de teléfono inteligente. Cuando un usuario termina su viaje, puede dejar el scooter en su destino. Este aumento en el uso de scooters eléctricos ha estado acompañado por un aumento en las visitas a la sala de emergencias relacionadas con los scooters eléctricos.

Es fácil ver lo vulnerables que son los conductores de scooters a las lesiones. Los scooters eléctricos alcanzan velocidades de hasta 20 MPH y algunos incluso van más rápido. El abogado especializado en lesiones por scooters eléctricos, Peter Zneimer de Zneimer & Zneimer, P.C., recientemente conducía por la avenida Peterson en Chicago a aproximadamente 25 MPH cuando fue adelantado por un scooter eléctrico que iba al menos a 30 MPH. Además, los scooters eléctricos tienen ruedas pequeñas que requieren superficies lisas para circular. Como cualquier residente de Chicago puede confirmar, los baches y las superficies irregulares están por todas partes en las calles de Chicago. Cuando las ruedas pequeñas de un scooter eléctrico golpean un bache o una superficie irregular, es probable que el conductor salga despedido con fuerza al pavimento. Si una persona se cae de un scooter eléctrico al pavimento a estas velocidades, las lesiones son casi seguras. Las lesiones más comunes son cortes, raspones, moretones, fracturas y lesiones en la cabeza.

Hubo aproximadamente 42,200 visitas a la sala de emergencias en los Estados Unidos en 2021, según la Comisión de Seguridad de Productos del Consumidor. Esto representa un aumento del 66% con respecto a 2020. El aumento en las lesiones afecta a niños menores de 16 años. Debido al alto riesgo de lesiones, la Academia Estadounidense de Pediatría recomienda que los niños menores de 16 años no puedan usar scooters eléctricos.

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Escrito y revisado por Peter Zneimer

En los últimos años, Chicago ha invertido mucho en mejorar la seguridad en los cruces peatonales. La ciudad ha agregado señales en muchos de los cruces. Algunos incluyen advertencias de que es una violación de la ley estatal no detenerse para los peatones en un cruce peatonal. Los cruces más sofisticados tienen luces intermitentes que se activan al presionar un botón que advierte a los automovilistas que los peatones están cruzando. Los esfuerzos de la ciudad para mejorar la seguridad peatonal son dignos de elogio, dado el aumento de las lesiones peatonales en Illinois. Los abogados de lesiones personales de Zneimer & Zneimer P.C. observan que los casos de accidentes peatonales suelen tener lesiones graves porque estos accidentes, la mayoría de las veces, implican un vehículo que golpea a un cuerpo humano.

Dado el aumento constante de muertes peatonales en el condado de Cook, el dinero gastado en mejorar la seguridad peatonal está bien invertido. Según la Administración Nacional de Seguridad del Tráfico en las Carreteras (NHTSA), las muertes por accidentes peatonales en el condado de Cook aumentaron un 28% entre 2016 y 2020. En otro estudio realizado por la Asociación de Seguridad en las Carreteras de los Gobernadores (GHSA), se mostró que las muertes de peatones en Illinois aumentaron un 55% entre 2005 y 2020.

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Written by Peter Zneimer

The laws of physics apply to everything including vehicle crashes.  When a 5,500 pound SUV or pick-up truck crashes with an automobile weighing 3,300 pounds you would expect the automobile to sustain more damage and consequently the automobile driver is more likely to be injured or killed.  The car injury lawyers of Zneimer & Zneimer P.C. have observed that when smaller cars are involved in crashes with large SUVs or pick-up trucks, the smaller car will incur significantly more damage. The Economist recently did a study where it collected ten years of crash data from police reports from 14 states. Their findings were published in September 7th, 2024 in an article entitled “Dangerously heavy”.  The numbers are stunning.  For the heaviest vehicles, those weighing around 6,800 pounds, the drivers of these vehicles experienced 4.1 “own car deaths” per 10,000 crashes. compared with 6.6 “own car deaths” for cars weighing the average of 3,500 pounds.  However, these heaviest vehicles were responsible for  37 “partner -car deaths” per 10,000 crashes. So while the drivers of the heaviest vehicles were slightly more safe, the rest of us in cars were put at substantially more risk of injury or death.  The Economist observes based on this data “that for every life that the heaviest SUVs and trucks save, more than a dozen lives are lost in other vehicles.”  For vehicles in the top 10% of weight, weighing at least 5,000 pounds, the death rate was 26 deaths per 10,000 crashes.  The SUV or pick-up driver experienced 5.9 of these deaths per 10,000 crashes while the unlucky partner vehicle experienced 20.2 deaths per 10,000 crashes. For the next category for vehicles weighing 5,000 to 4,500 pounds the the breakdown was 5.4  SUV or pick-up driver deaths per 10,000 crashes and a death rate of 10.3 deaths per 10,000 crashes for the partner vehicle.  What the statistics make clear is that weight kills. Furthermore, it is also clear that the weight of the heaviest vehicles can be reduced substantially with only minimally affecting the safety of the SUV or pick-up truck driver while saving many more lives of people driving average weight vehicles.

Given these stark statistics one would think there would be more attention focused on this safety issue.  However, the injury lawyers of Zneimer and Zneimer, P.C. note that American cars are only getting heavier creating an arms race environment where American drivers need to buy heavier and heavier vehicles just to be safe from other drivers. The average new car in America now weighs 4,400 pounds while the average European car weighs 3,200 pounds and the average Japanese car weighs 2,600 pounds. One solution would be to levy a steep surcharge on the heaviest vehicles.  Before such an idea can gain traction however, people need to be more aware of the dangers poised by the heaviest SUVs and pick-up trucks on the roadways.

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Written and Reviewed by Peter Zneimer

Wandering around Chicago, one will witness firsthand the micromobility revolution.  In high traffic areas, everywhere you look in Chicago you will see people riding e-scooters, e-bikes  and pedal  bikes.  The surge in micromobility is fueled by corresponding surge of on-demand bicycle and e-scooter networks such as Divvy, Lime and Spin flooding the city.  Such services, hypothetically, offer young, solo riders an easy, cheap, and eco-friendly way to take way to take short trips.  Over 4 million e- scooter trips have been recorded in Chicago since 2022.

Along with the benefits come with many safety risks. The rise of micromobility vehicles has been accompanied by emergency room visits by users of these vehicles. The e-scooter injury attorneys of Zneimer & Zneimer P.C. have experienced first hand the rise of e-scooter accidents with injuries by the number of call we are getting.   Anyone driving a car or walking around Chicago has most likely had a close call with a Divvy bike or  a Lime, Spin, Divvy E-scooter.  One of the major problems with micromobility is the limited number of protected bike lanes in Chicago.  Most of the so called bike-ways are at best, a painted bike lane that runs parallel to the parked car lane. At worst, the bike-way is simply a street with a bike painted on it.  This state of affairs leads to micromobility commuters being exposed to getting hit by a motor vehicle.  Damen Ave. and Lincoln Ave. are examples of  bike-ways with painted on bike lanes that offer minimal protections.  Damen Ave. in particular goes from wider bike lanes, to narrower bike lanes to bike lanes so narrow they barely afford room for a bike and car to fit on the road.

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