Chicago Accident Lawyer Blog

November 16, 2023

Rogers Park CTA Yellow Line Collision Injures Multiple Passengers

Our Chicago personal injury lawyers have litigated multiple cases against the CTA, and offer legal support to the injured parties seeking compensation for their injuries and suffering. Today, the Rogers Park neighborhood in Chicago became the epicenter of a serious crash involving a CTA Yellow Line train. This morning near the Howard station, a train carrying 31 passengers and seven CTA workers collided with snow-removal equipment in the Howard Rail Yard, according to reports from the Chicago Fire Department. The collision, which occurred on the 7500 block of North Paulina Street, resulted in 23 individuals, including four children, being transported to area hospitals. The age range of the victims was between 2 and 75 years old. Three of the injured were in critical condition.

In the aftermath of the collision, a significant question arises regarding the legal implications for those affected. In such cases, it is not uncommon for victims to seek personal injury attorneys, especially when public transportation is at fault. In light of this incident, it is a crucial reminder of the importance of safety on public transport and the need for immediate investigation. The National Transportation Safety Board has announced it will be looking into the matter. Continue reading

November 2, 2023

Recent Bicyclist Deaths in Chicago Call Attention to Dangerous Conditions

by Zneimer & Zneimer, P.C.

Tragically, there have been three fatal bicycling related crashes in Cook County in the last three weeks. The latest fatal bicycle accident occurred on October 23, 2023 at 8:00 pm in the 5100 block of N. Damen in Chicago. This stretch of Damen Ave. is a very congested area, and there are only painted on bike lanes. This area is also notorious for crashes and close calls between bicyclists and cars. The Chicago bike injury lawyers of Zneimer & Zneimer P.C. observe that it is well know that Chicago has a bad reputation for bike safety. A bike safety advocacy group called PeopleForBikes assessed 163 large cities on how safe the cities were for cyclists and assigned a score. The score was determined based on a cities grid connection and intersection safety, the number of protected bike lanes and the cities speed limits along with other factors. The study ranked Chicago 161 out of 163 large cities for “bikeability” in 2023. The city scored poorly in creating connecting bike lane routes, providing protected bike lanes and establishing access to all neighborhoods and fundamental services.

Another big factor as to why Chicago scored so low is that PeopleForBikes assessment automatically considered a painted bike lane on a street with a 30 mph speed limit to be dangerous. Since the default speed limit for streets in Chicago is 30 mph, almost all painted bike lanes in Chicago are considered dangerous by this standard. The reason for this is that painted bike lanes typically run next to parked cars which expose the biker to being doored into the moving traffic or a bicyclist may have to make a sharp maneuver into moving traffic to avoid the door. In such instances it would be much safer for the bicyclist if traffic were moving slower.

Chicago bicycle safety advocacy groups such as Active Transportation Alliance have been pushing for the completion of a fully interconnected bike network with protected bike lanes that would connect all of the cities neighborhoods. Though such a network is far from reality, the good news for bicyclists is that Chicago Mayor Brandon Johnson and many members of the city counsel have publicly supported a full bike network that would connect the whole city. The bicycle accident lawyers of Zneimer & Zneimer P.C. support the completion of a network of protected bike lanes in Chicago to help prevent deaths and serious injuries from bicycle accidents in the future.

October 24, 2023

Is it Time to Ban “Right on Red” in Chicago?

by Zneimer & Zneimer, P.C.

Chicago personal injury lawyer, Peter Zneimer of Zneimer & Zneimer P.C. notes that one of the most common causes of pedestrian injury cases is when a driver makes a right turn on red and strikes a pedestrian or pedestrians who are walking in the crosswalk to the right of the driver. The problem is that when drivers make a right turn on red, their attention is focused to the left to watch for approaching cars. When a driver sees that there are no approaching cars or that an approaching car is far enough back to make the right hand turn, his focus is still to the left to make sure that it is safe. Then the driver is supposed to look to see if there are pedestrians in the crosswalk to the left. A recent study published in Transportation Research Interdisciplinary Perspective in May of 2023, illustrated why right turns on red are so problematic. The study concluded that “at red-light turns, driver attention was heavily skewed toward the leftward traffic.” Additionally, the pedestrians may feel a false sense of safety and may not be looking out for cars since they have the walk signal.

Studies that looked into the effects of right on red on pedestrian safety bear out the dangers of allowing right on red. A study conducted by the Journal of Safety in 1982 after right on red was implemented in many states found that; accidents rose 40% for pedestrians and 82% for bikes in New York State. Likewise in Wisconsin, the figures were 107% for pedestrians and 72% bicyclists. And finally, Ohio saw an increase of accidents of 57% for pedestrians and 80% for bicyclists. The statistics show that there were dramatic increases of pedestrian accidents after the implementation of right on red.

The city of New York has already banned the practice of right on red and San Francisco and Los Angles are considering a ban. The personal injury lawyers of Zneimer & Zneimer P.C. suggest that Chicago put pedestrian safety first and seriously consider of taking the lead and ban right on red in the city of Chicago.

October 17, 2023

No Duty to Spot Fallen Individuals on Train Tracks

by Zneimer & Zneimer, P.C.

For individuals in Chicago, especially those who have suffered injuries in public transit scenarios, understanding the dynamics of premises liability is essential. Chicago train injuries attorneys often grapple with cases like Quiroz v. Chicago Transit Authority to safeguard their clients’ rights.

In a decision from the Illinois Supreme Court, nuances surrounding the duty of care in premises liability cases were made clear. This decision is particularly significant for people in urban areas that use public transportation. It is also significant for Chicago personal injury attorneys, as it limits recovery for people who end up on the tracks, and provides an in-depth perspective on how courts handle ‘open and obvious risks’ and their implications on a landowner’s or public transit’s duty.

Quiroz v. Chicago Transit Authority, arose from a heart-wrenching incident where a person tragically lost their life in a train tunnel. A couple of trains passed through the tunnel but noone notified dispatch to let them know that an unauthorized person was inside the tunnel. Central to the case was the question: Did the CTA owe a duty of care to the decedent? And if so, was this duty negated by the ‘open and obvious’ nature of the risk?

Key Points of the Supreme Court’s Ruling:

Anchoring their decision on the Restatement (Second) of Torts § 337, the Illinois Supreme Court stated that if the risk is open and obvious, a landowner or public entity might be absolved of a duty of care because individuals are anticipated to spot and sidestep such open and obvious dangers. The court’s decision hinged on the intricate requirements of section 337, which involved determining if the landowner (or in this case, CTA) believed that the individual would remain oblivious to the inherent dangers they faced. The Court determined that a train represents an open and obvious danger, and therefore it was not foreseeable to the landlord that the decedent would not see the danger or appreciate its risk. The Court determined that the CTA has no duty to the decedent.

Offering a different angle, the lower appellate court had formerly overruled the circuit court’s initial dismissal. Their justification was rooted in the premise that the CTA should have exercised due diligence, especially since the deceased was ostensibly visible to the train operators. The Supreme Court, however, found flaws in this rationale and reinstated the circuit court’s judgment. Continue reading

September 29, 2023

Chicago Ranks Poorly in Bike Safety

by Zneimer & Zneimer, P.C.

In recent years, Chicago has prioritized making the city safer for bicyclists. The lawyers of the personal injury law firm of Zneimer & Zneimer, P.C. note that Chicago has added miles and miles of bike lanes across the city. Some of these lanes are simply painted lines designating bike lanes. In the best cases, the bike lanes are separated from motor vesicle traffic by some type of barrier.

In one study conducted by Clever, a real estate website rated cities based on how “bikeable” the city is, measuring factors like the number of bike trails, bike rentals shops and how many people were involved in fatal car crashes as a percentage of bike users. This study rated Chicago 20th out of the 50 cities rated, finding that Chicago scored favorably as to the number of bike commuters and the number of fatal crashes along with other fact.

In a more robust study conducted by the People For Bikes organization, Chicago scored much worse. This study focused primarily on whether the city had safe passage routes connecting the city in an interconnected network. In this study, out of 1616 cities ranked, Chicago ranked 1386. This study gave cities a “Network Score” based on the extent of a cities bike route network. Chicago scored poorly on every component. On bike access to parts of the city where people live, Chicago scored a 3 on a scale of 100. On accesses to jobs and school, the score was 6 on a scale of 100. On access to basic services like grocery stores, Chicago scored 4 on a scale of 100.

September 19, 2023

Electric Scooter Injuries Surge With Increased Usage

by Zneimer & Zneimer, P.C.

Electric scooters have been promoted in many cities and towns as an efficient way to take short trips without having to use a car. But with increased usage, studies have shown a surge in electric scooter injuries. The Chicago injury lawyers of Zneimer & Zneimer P.C. have been handling scooter injury cases since scooter companies began operating recently in Chicago. The statistics have been striking. A JAMA Network Open study revealed that there has been an increase of 222% rise in injuries between 2014 and 2018 alone with about 14,651 scooter injures reported in the United States. NCBI research has shown that 80% of scooter injuries were cause by falls, 11% were collision with objects like curbs and 9% were cause with collisions with other vehicles. Sadly, there have been 29 confirmed scooter deaths since 2018.

The Chicago Department of Transportation has been pushing the concept of “micromobility” and has been encouraging the expansion of scooter programs in Chicago. The major players in the electric scooter market are Divvy, Lime, Spin and Superpedestrian. These companies combined have already logged millions of rides in Chicago. The City of Chicago has implemented some regulations to make scooter use safer. Some of the rules are as follows:

Scooters cannot be operated on sidewalks

May 6, 2023

Wearing Dark Clothes While Biking Is Like Playing Hide-and-Seek with Cars

by Zneimer & Zneimer, P.C.

When bikers wear dark clothes, it’s much harder for drivers to see the bicyclist, especially at night. This is because dark colors absorb light, while light colors reflect it. So, when a bicyclist wears dark clothes, they are basically blending in with the background, which makes it difficult for drivers to see a bicyclist coming.

The Chicago bicycle lawyers of Zneimer & Zneimer are aware of a peer-reviewed study that found that cyclists wearing dark clothing are more likely to be involved in a crash at night than cyclists wearing light clothing. The study also found that not all reflective clothing or equipment works the same. According to the study, “Drivers recognised more cyclists wearing the reflective vest plus reflectors (90%) than the reflective vest alone (50%), fluorescent vest (15%) or black clothing (2%). Older drivers recognised the cyclists less often than younger drivers (51% vs 27%). ” The study’s findings suggest that “reflective ankle and knee markings are particularly valuable at night, while fluorescent clothing is not. Cyclists wearing fluorescent clothing may be at particular risk if they incorrectly believe themselves to be conspicuous to drivers at night.”

Therefore, bicyclists who drive in the dark, should buy reflective ankle and knee markings at a minimum, in addition with reflective clothing. Bicyclists should wear reflective clothing. Reflective materials help drivers see the bicyclists at night, even in low-light conditions.

May 5, 2023

Driving and Bicycle Lanes in Chicago

by Zneimer & Zneimer, P.C.

Chicago is a city that says it loves its bikes. Chicago has over 1,800 miles of bike lanes and paths. But with so many cyclists on the road riding alongside automobiles, it is important to keep in mind the rules of the road and to share the space safely.

The Chicago personal injury attorneys of Zneimer & Zneimer have seen an increase in injuries to bikers. Many of these injuries could have been prevented if drivers and bicyclists keep certain safety rules in mind.

Drivers should obey the speed limit, especially in areas with bike lanes. Bicyclists are more vulnerable to injury in a collision and their injuries tend to be very serious. Therefore, drivers must look for cyclists before turning or changing lanes. Additionally, drivers should signal their intention to give cyclists time to react to the automobile movements. Chicago law requires drivers to leave at least three feet of space when passing a cyclist, to give the cyclists enough room to maneuver safely. Drivers should not park in a bike lane as this is both illegal and dangerous for bicyclists. Continue reading

April 21, 2023

E-Bikes in Bike Lanes: A Closer Look at the Safety Implications of Illinois’ E-Bike Law

by Zneimer & Zneimer, P.C.

As e-bikes gain popularity in Chicago, questions surrounding their safety in bike lanes alongside traditional bicycles arise. As personal injury attorneys in Chicago, we have seen accidents involving e-bikes increase, particularly when they share bike lanes with traditional bicycles. Here we will take a closer look at Illinois’ e-bike law and explore the safety concerns that come with e-bike usage in bike lanes, on bicycle paths, and on sidewalks.

E-bikes, or electric bicycles, are equipped with electric motors that assist the rider in pedaling. In an effort to regulate e-bikes and ensure safety for all cyclists, Illinois has introduced a law amending the Illinois Vehicle Code. The law classifies e-bikes into three categories based on their speed and motor assistance capabilities:

Class 1 low-speed electric bicycle: Motor assistance only when the rider is pedaling, ceasing assistance at 20 mph.

April 20, 2023

Weighting for Clarity in the Courtroom – The Balancing Act of Defining Low-Speed Gas Bicycles

by Zneimer & Zneimer, P.C.

In personal injury cases and the legal field in general, it is crucial to look for and understand the relevant definitions. This is because the precise meaning of words and phrases can greatly impact the interpretation of laws, statutes, and court decisions. By thoroughly examining and understanding the definitions, the Chicago personal injury attorneys of Zneimer & Zneimer can make more accurate and persuasive arguments to support our clients’ claims. For example, not long ago, the Illinois Supreme Court had to face the issue whether the definition of “low speed gas bicycle” is constitutionally vague and whether a bicycle that does not meet the definition as in fact not a bicycle.

The case arose when State of Illinois charged a bicyclists with driving a motor vehicle with a revoked license. The defendant, John Plank was driving a gas bicycle and he argued that his bicycle was not a motor vehicle. A police officer observed John Plank riding a motorized bicycle down a Douglas County road at a speed of 26 miles per hour. According to the officer’s testimony, motorized bikes were allowed to travel up to 19 miles per hour, and upon reaching 20 miles per hour, they require a valid driver’s license, insurance, and registration. The officer described Plank’s bicycle as powered by “a weed-eater motor” and noted that it was not registered in Illinois. Although the bicycle had pedals in addition to its gasoline motor, the officer testified that he did not see Plank pedaling. The police officer signaled for Plank to stop, and Plank admitted that his license was revoked.

The Illinois Vehicle Code prohibits anyone with a revoked driver’s license from driving a “motor vehicle.” 625 ILCS 5/6-303(a) The code defines “low-speed gas bicycle” as a “2 or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.” Id. § 1-140.15.