Claims against governmental entities (i.e. state, county, school district) are highly unique in comparison to other types of actions brought forth to recover damages for a death, injury, harm or other loss. This is because most government-associated entities enjoy some form of immunity from such suits. Further, actions against the government are subject to distinctive procedural rules, standards, and guidelines, which vary greatly from the usual personal injury lawsuit involving non-government defendants. Here, the Chicago Attorneys of Zneimer & Zneimer P.C. discuss government liability in motor vehicle collisions involving roadway safety issues.
Claims against Public Entities: Government Liability in Roadway Maintenance Safety Issues – Part II
While the median-barrier problems in Oregon serve as a perfect example of the complexities involved in defining the parameters of government responsibility in providing safe roadways, this particular issue applies to a number of highways located throughout the U.S., Illinois included. The law pertaining to the maintenance of roadways is fairly uniform in most states, in that a duty exists to provide reasonably safe roadways, which includes protecting the public from inherently dangerous conditions that pose safety risks or hazards to persons that the entity intended, permitted, and reasonably expected to make use of, in the manner for which it used (i.e. motorists and passengers of motor vehicles).
And although the government can shield themselves from liability-at least in some ways-however, the duty to exercise ‘due’ and ‘ordinary’ care remains, as it would for any property owner, whether the government or a private individual. So then, at what point can the government be held responsible for their failure to remedy a known hazardous roadway condition?
Nearly 5 Million Vehicle Recalled due to Airbag Defect
The Chicago Accident & Injury Attorneys of Zneimer & Zneimer P.C. take note of an alert, issued by the National Highway Traffic Safety Administration (NHSTA), regarding the recall of nearly 5 million vehicles due to defective airbags. Recalled vehicles include several early 2000 models of certain Honda, Toyota, Mazda, Nissan, BMW, and GM vehicles. According to reports, the airbag inflators, made by Takata Corp., can fail to deploy in the event of collision, thereby posing a serious risk of injury or fatality.
Two Major Auto Manufacturers Recall over a Million Vehicles
The Automobile Collision Attorneys of Zneimer & Zneimer P.C. take note of two recent auto manufacturer recalls, affecting more than a million vehicles, of various types and years, that present serious safety concerns to motorists, in the event a crash were to occur. On Tuesday, Chrysler announced a recall of more than 184,000 vehicles due to a short circuit issue that could potentially disable airbags and seat-belt petitioners. This announcement comes just three weeks following a recall by Ford Motor Co. affecting an estimated 850,000 vehicles, for the same restraint control module part.
Active Transportation Alliance Announces Launch of pedestrian-focused ‘Safe Crossings’ Campaign
The Chicago Pedestrian Accident Attorneys of Zneimer & Zneimer P.C. take note of a promising new campaign developed for the purpose of promoting awareness, as well as pushing for increased funding, to improve intersection safety for pedestrians in the Chicagoland Area. The campaign is based upon a compilation of recent crash data, including factors such as location, time-of-day, age of victim, and types of injuries sustained in pedestrian crossing-related incidents. As injury lawyers, we support campaign efforts, and hope that residents of our communities will do the same.
Plainfield Man Dies in Tragic Aurora Accident
The Wrongful Death Attorneys of Zneimer & Zneimer P.C. take note of a tragic series of events that claimed the life of 51-year-old Dennis C. Hunke II, of Plainfield, as he was attempting to render assistance to an elderly motorist. The incident occurred at approximately 10 am, on Wednesday, October 8, 2014 at the first block of South Buell Avenue in Aurora. According to Authorities, 84-year-old Joyce A. Baudouin, of Aurora, was backing her Dodge Caravan out of a driveway, when she apparently lost control of her vehicle, and collided with a southbound vehicle. Thereafter, Baudouin, who was still in reverse, hit the gas pedal rather than the brake, causing her vehicle to travel into two yards, and subsequently back onto the roadway.
Sharing the Roadway with Semi-Tractor Trailers: Motorist Safety Tips
Statistical data demonstrates that the drivers of passenger cars and other motor vehicles, as opposed to truck drivers, are more commonly identified as the cause of trucking collisions. In addition, according to the Insurance Institute for Highway Safety, passenger car occupants are nearly four times more likely than truckers to suffer fatality in such collisions. Consequently, the Truck Accident Injury & Fatality Attorneys of Zneimer & Zneimer P.C. find it beneficial to remind motorists of the dangers of sharing roadways with semi-tractor trailers, and more importantly the appropriate safety precautions to take.
While ideally it would be best if motorists could completely steer clear of big-rigs, we know this is nearly impossible. However, by understanding the manners in which truck accidents often occur, motorists are that share the roadway with these massive vehicles are better able to protect themselves from accident, injury, and fatality.
Tip #1 — Beware of Truckers that are Tailgating
Preventing Dog Attacks through Technology
According to the American Insurance Institute, nearly half of all dog bites occur while the dog is off the owner’s property. While in some cases, a dog may attack another person or animal while in its owner’s presence (i.e. unleashed dogs; improperly secured collar/harness; pulling/breaking away from owner’s control), many bites and attacks are caused when a dog escapes from their owner’s property. Often time, the dog’s owner is completely unaware that their dog has escaped. The Dog Bite Injury Attorneys of Zneimer & Zneimer P.C. take note of a promising new technology, which might aide in the reduction of dog-related incidents.
Micro-chipping pets has long been used as a means of recovering lost animals, however, the benefits of such microchips were dependent on whether (1) the animal was actually brought in to be scanned; (2) the scan was successful in identifying the owner (3) and the owner’s contact information was current. Traditional microchips can neither track a dog’s location, nor notify a dog owner that their dog has escaped their property, and therefore serve a highly limited purpose-the possibility that the dog and its owner may be reunited. Though, a new product, ‘Escape Alert,’ offers to change dog-to-owner reunification. As discussed by the Chicago Tribune in ‘Pet escape: How to deal with it-and prevent it,’ with the use of this device,
“a pet owner can set up a virtual boundary – his or her yard, for example. When their dog or cat crosses the boundary, they get immediate text and email alerts. Neighbors, friends, veterinarians and local animal shelters can also get notifications. Next comes the cool part: The implanted GPS chip then tells the pet owner the animal’s exact location via cell phone, iPad, text message or computer.”
Divvy Bike Share to Expand to Oak Park and Evanston in 2015
The Chicago Bicycle Accident Injury Attorneys of Zneimer & Zneimer P.C. take note of recently announced plans to further expand the Divvy bike-sharing program throughout the Chicagoland area. Funded by a $3 million state grant, the expansion, planned to take place in 2015, will provide Evanston residents with 8 new docking stations, and Oak Park with 12 new stations. As stated in the Chicago Tribune, the funding will also help pay for 50 additional docking stations in Chicago’s West and far North Sides, including Rogers Park, West Rogers Park, Austin and Garfield Park.
Divvy Bike Share, commonly referred to as ‘Chicago’s newest transit system,’ has been quite successful since its launch last June, with nearly 2 million trips occurring this year alone, according to Divvy Trip Data. Further, membership to the program has almost doubled since last year, from 12,186 active members in 2013, to its more than 23,000 current members. In addition to the 70 new stations in Evanston, Oak Park, and Chicago’s West and North Sides, Divvy reports plans to add more than 100 more docking stations in 2015, for a total of 175 new stations and 1,750 more bikes. Upon completion, these expansions would provide Chicagoans with the most bike stations and largest service area in North America.
As bicycling enthusiasts ourselves, the attorneys of Zneimer & Zneimer P.C. are pleased to see the growth of bike sharing in our communities. In addition to its health and environmental benefits, bike sharing contributes to economic growth, and has become an important component of the tourism industry. While we certainly support expansion efforts, riders are reminded to remain aware of the dangers of bicycling in the Chicagoland area, particularly when traveling along roadways shared with motorists.
Protecting YOURSELF from Injury in Animal-on-Animal Attacks
The Chicago Dog Bite Attorneys of Zneimer & Zneimer P.C. represent clients in a wide range of dog-related incidents, including those in which a person sustained injury while trying to prevent or intercept an animal-on-animal attack. Any animal lover would agree that ensuring the safety of their beloved pets, which are often considered to be members of the family, is an important concern. However, it is also necessary to consider your own safety, particularly when a dog owned by another bites, attacks, or attempts to attack your own dog or cat. Prompted by a recent dog attack in a Chicagoland suburb, we feel compelled to remind dog owners of the risk for injury or fatality caused as a result of intercepting a potential or presently occurring attack on your animal.
In September, a McHenry man and his wife, Steven and Annette Cuda, were both injured while attempting to save their 6-month-old golden retriever puppy, Addie, from being mauled by two pit bulls. According to reports, the two dogs either escaped or were allowed to roam from the owner’s premises, and subsequently charged at the retriever as Mr. Cuda was taking Addie on an evening walk. Mrs. Cuda, who was driving home at the time of the attack, heard her husband yelling around the corner, and joined her husband in an attempt to stop the attack.
In the aftermath of the incident, three victims required emergency medical treatment. Both of Addie’s owners sustained injuries to their hands, and Mr. Cuda reports that he separated his shoulder, when he tripped over one of the pit bulls during the attack. In addition, Addie sustained multiple dog bite related puncture wounds, and has already undergone two surgeries. Mr. Cuda described the attack as the most terrifying thing he has ever gone through, further stating that “the more my dog screamed or cried, the more vicious the pit bulls became.”