Chicago Accident Lawyer Blog

Car Doors Cause Bicycle Accidents In Chicago

Thu, 11 Mar 2010 22:35:32 -0600

One of the most common bike accidents that the Chicago law firm of Zneimer & Zneimer handles are car doors being opened in the path of a bicyclist. It is understandable because it is easy to forget to look for bicyclists before getting out of ones car. Even if one is in the habit of looking for bicyclists it is to forget on occasion when one is distracted and thinking of other things. People who are exiting a parked car must try to look for bikes every time they exit. Additionally, it is illegal in Chicago to open ones car door in front of a bicyclist. Chicago Municipal Ordinance 9-80-035 provides: No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do do, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Estheticians and Cosmetologists Cannot Perform Laser Hair Removal

Mon, 08 Mar 2010 07:00:00 -0600

Under the Barber, Cosmetology, Esthetics and Nail Technology Act of 1985, 225 ILCS 410/1 et seq., licensed cosmetologists “are prohibited from using any technique, product, or practice intended to affect the living layers of the skin.” 225 ILCS 410/3-1. Removal of unwanted hair involves affecting the dermis, which is a living layer of the skin.

The Act states that the “term cosmetology includes rendering advice on what is cosmetically appealing, but no person licensed under this Act shall render advice on what is appropriate medical treatment for diseases of the skin.”

Only persons who are qualified and under the supervision of a medical doctor may perform laser hair removal. A physician may “delegate the performance of non-ablative procedures to a licensed practical nurse, a registered professional nurse, or other persons” with on site supervision by the physician or by telephone or other electronic means. 68 Ill. Adm.Code § 1285.336(b)(3)(B). Before the physician delegates the use of laser, “[t]he physician must examine the patient and determine a course of treatment appropriate to the patient prior to any ablative or non-ablative procedures.” 68 Ill. Adm.Code § 1285.336(b)(3). The person delegated the authority to perform any laser procedures “must have received appropriate, documented training and education in the safe and effective use of each system utilized.” 68 Ill. Adm.Code § 1285.336(b)(4)

If you are contemplating laser hair removal procedure, investigate the spa and the technician who will perform the procedure. Remember that having a license in Cosmetology or Esthetics does not render a person qualified to perform laser hair removal on you.

If you have been injured during laser hair removal performed by an unqualified person, contact us to discuss your legal options.

Chcago Driver Who Hit Cop Was On Cell

Sun, 07 Mar 2010 20:26:38 -0600

A Chicago driver, Kimisha Moore, 19, was on her cell phone and was driving 60 mph when she approached a stopped emergency vehicles on the Dan Ryan in Chicago. The distracted driver struck a state trooper who was standing on the shoulder and was engaged in a traffic stop investigation. The trooper suffered a smashed pelvis and two broken legs. The distracted driver was charged with aggravated reckless conduct, a felony and bond was set at $50,000.

The State Police issued a plea for drivers to stay off their cell phones and to slow down and change lanes when drivers see emergency vehicles stopped along the shoulder.

The National Highway Traffic Safety Administration states that almost 6,000 people are killed each year by distracted drivers and 50,000 are injured in auto accidents by distracted drivers.

Laser Hair Removal Can Cause Burn Injuries

Sun, 07 Mar 2010 16:29:20 -0600

Numerous spas have cropped up in Chicago and the suburbs, which advertise laser hair removal services. Some of these spas call themselves "medical spas" and declare that they use FDA approved lasers, and that therefore the laser hair removal performed at the spa is safe, guaranteed, and FDA endorsed. They claim that their hair removal service is "non invasive" and specifically designed to safely remove hair.

However, these claims are misleading for several reasons.

First, hair removal is invasive as the hair root is located within the dermis, which is a living layer of the skin.

Second, the FDA does not guarantee safe laser removal. The FDA considers all laser hair removal devices as medical devices. The agency regulates their manufacture, labeling, and servicing.

Third, Illinois considers the use of lasers as a "practice of medicine, which shall only be performed by a physician licensed to practice medicine.” 68 Ill. Adm.Code § 1285.336(b)(2).

The notice of proposed amendment to the regulations acknowledges the misuse of lasers by unqualified persons: "Lasers are frequently used in “medical spas” to remove hair, birthmarks or previously applied tattoos. The misuse of laser equipment by inadequately educated or trained individuals without adequate physician supervision can result in permanent scarring, long-term pain or even misdiagnosed cancers. This proposed amendment clarifies existing law and the longstanding position of the Department and the Medical Disciplinary Board that laser equipment, which affects living layers of skin, is a medical device and must only be used with direct supervision by a physician." 32 Ill. Reg. Sec. 4127 (Mar 21, 2008).

Lasers can cause serious burns, scars, infections, and discolorations. It is not uncommon for victims of unqualified technicians to end up in the burn unit of a hospital with blisters and lasting disfigurement.

Before going for a hair removal procedure, make sure that the technician who will work on your skin is qualified and works under the supervision of a medical doctor. Before subjecting yourself to laser hair removal procedure, a physician must examine you to ensure that you are an appropriate candidate. Many factors can affect how your body will react to a laser light, including certain medications, prior sun exposure, medical conditions. The laser technician must perform a patch test on a small area of your body prior to hair removal. The technician must have sufficient training and must have a medical education. Don't forget that laser hair removal affects the living layers of your skin. It is invasive, dangerous, and harmful if performed by unqualified person. Instead of losing your hair, you may lose your skin.

If you have been burned by a hair removal procedure contact us to explore your options.

One-Third of Chicago Area Traffic Accident Deaths Linked to Drinking

Sun, 28 Feb 2010 22:55:51 -0600

Between 1994 to 2008 there have been close to 6,000 traffic fatalities in Cook County according to an analysis done by Scripps Howard News Service. Of these 6,000 fatalities, nearly one-third were linked to drinking.

The same study found that the Cook County portion of I-94, which runs mostly through Chicago, is the 11th most dangerous road in the nation for fatal auto accidents with 304 fatalities between 1994 and 2008.

Chicago Injury Attorney Represents Bicyclist Struck By New Driver

Tue, 23 Feb 2010 21:51:57 -0600

The law firm of Zneimer & Zneimer agreed to represent an injured bicyclist who was rear-ended on Western Ave. near Lane Tech High School in Chicago. The driver who struck the bicyclist was a student at Lane Tech High School who told police that he was retrieving his cell phone from the floor of his car when he rear-ended the bicyclist. Fortunately, the bicyclist was wearing a helmet at the time of the accident.

This bicycle accident shows that even if the bicyclist is very careful, the bicyclist is still at the mercy of drivers who are not paying attention. That is why it is so important to wear protective clothing. A bicycle helmet is a must if one plans to ride on busy roads like Western Ave. in Chicago.

Hit And Run Driver Sought In Fatal Chicago Bicycle Accident

Tue, 23 Feb 2010 21:01:35 -0600

A 61 year old man was riding his bicycle in Ford Heights near Chicago when he was hit by a driver and left at the side of the rode. The bicycle rider was taken to St. James Hospital in Chicago Heights and then airlifted to Christ Hospital in Oak Lawn where he died, Park Forest news reported. Police gathered evidence at the scene indicating the hit and run vehicle was a 1996 to 2002 Chevy Van.

IDOT has recorded more than 3,810 Illinois bicycle accidents in 2009. In these bicycle accidents, 27 people were fatally injured.

Van Spins-Out In Chicago, Two Children Ejected

Sun, 21 Feb 2010 23:59:08 -0600

A Pontiac mini van blew a tire on the Dan Ryan in Chicago on Saturday, causing the the vehicle to spin and then crash into the side of a truck. Two children and one adult were ejected from the van. None of the persons who were ejected were wearing seat belts and all three were injured and are now in critical condition at University of Chicago Hospital.

The law firm of Zneimer and Zneimer urges everyone to wear seat belts at all times and to make children in the vehicle wear theirs. Anything can happen while driving.

Chicago Heights Man Struck And Killed On I-394

Sun, 21 Feb 2010 22:47:27 -0600

Luis Valdivia-Segoviano of Chicago Heights, Illinois was struck by a car and killed while he was standing outside his vehicle on IL-394 near Lynwood, Illinois. The motorist who stopped in front of him and to whom he was talking was also stuck and injured by the same vehicle and is in critical condition at Good Samaritan Hospital.

This is the second fatality in less than a week of someone standing outside their car on the highway in the the near Chicago area when they were struck and killed, emphasizing how dangerous it is to exit ones car on the highway.

Chicago Law Prohibits Driving In Bike Lane

Sat, 13 Feb 2010 21:46:10 -0600

If you are a bike rider in Chicago and frequently use bike lanes on the street you maybe surprised to learn that it is illegal for cars to drive, stand or park in these bike lanes. I say maybe surprised because from what I observe cars drive in the bike lanes all the time in Chicago. Anyway, the law is on the books (Chicago Municipal Code 9-40-060) and reads: "The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand , or park the vehicle upon any on street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. The driver of a vehicle shall not stand or park the vehicle upon any lane designated by pavement markings for the shared use of motor vehicles and bicycles, or place the vehicle in such a manner as to impede bicycle traffic on such lane."

If you are a bike rider and have been hit by a car while riding in a bike lane and are injured, you have a cause of action for money damages against the driver. The law firm of Zneimer & Zneimer P.C. has handled many bicycle injury cases and have obtained good results for our clients.

Chicago Bike Law Requires Lights At Night

Thu, 11 Feb 2010 23:04:47 -0600

A Chicago ordinance requires bicycles being ridden at night to have a white head lamp and a rear red reflector. Chicago municipal ordinance 9-52-080 states:

(a) Every bicycle when in use at nighttime shall be equipped with a head lamp which shall emit a white light visible from a minimum distance of 500 feet from the front and with a rear red reflector capable of reflecting the head lamp beams of an approaching motor vehicle back to the operator of such vehicle at distances up to 200 feet or a rear lamp emitting a red light visible from a distance of at least 200 feet from the rear.

Chicago’s Michigan Ave. a hot spot for auto accidents involving personal injury

Wed, 10 Feb 2010 20:14:07 -0600

Chicago Illinois is a major city, and like most large urban areas, tend to have a vast amount of auto accidents. Chicago’s Michigan Ave. seems to be a hot spot for, not just auto accidents, but accidents that involve personal injury.
A recent Chicago Sun-Times article highlights such accidents and injuries:
“Four people were critically injured in an auto accident on Michigan Avenue near Grant Park early Sunday.
At 4:10 a.m., police responded to an auto accident involving at least three vehicles at 450 S. Michigan Ave., according to police News Affairs Officer Hector Alfaro. Several people were injured, he said, but it was not immediately known how many.
At 4:20 a.m., fire personnel were notified and responded to an auto accident at South Michigan Avenue and East Congress Parkway, according to Fire Media Affairs Chief Kevin MacGregor.
An EMS Plan 1 was called for the accident, he said. Four people were critically injured and several refused treatment.
Two people were taken in critical condition to John H. Stroger, Jr. Hospital of Cook County; one was taken in critical to Mount Sinai Hospital; and one was taken in critical to Northwestern Memorial Hospital, MacGregor s”
Driving in a city the size of Chicago, or any city, can be a hazardous activity, but when injuries tend to be common there needs to be some action taken. Whether it be, slow down, stricter traffic laws or compensation for personal injury, some action needs to be taken. When injured in an auto accident reporting such injury and seeking legal counsel is imperative to gaining the compensation deserved.
Accidents will always happen, drive safe, follow all traffic laws, and pay attention to other drivers. When all steps are followed and you have inevitably gotten into an accident, seek legal counsel, know your rights, and follow through with the steps to hold others accountable for their failure to do the same.

Chicago Laws That Help Bicyclists

Sat, 06 Feb 2010 22:01:06 -0600

The city of Chicago's bike safety ordinance provides for a $150 fine for drivers who endanger Chicago bicyclists in any of the following ways:

1. Driving in a bike lane
2. Parking in a bike lane
3. Turning into a cyclist's path
4. Opening a car door on cyclist
5. Passing within three feet of a cyclist

The fines jump to $500 if the bicyclist is injured. The laws are to encourage drivers to watch out for bicyclists on the road. Bicyclists can also, of course, can make a civil claim for money damages against the negligent driver.

Bicyclist Hit By Car In Portage Park, Chicago

Sat, 06 Feb 2010 21:33:30 -0600

A 22 year old bicyclist was hit by a car and was critically injured in the Chicago neighborhood of Portage Park. The car against bicyclist crash took place at the intersection of Austin and Montrose in Chicago. The motorist was cited for negligent driving for allegedly driving around a stopped vehicle that was faced southbound on Austin and failing to see the bicyclist who was westbound on Montrose. The bicyclist was run over and was admitted to Advocate Masonic Medical Center in critical condition.

Illinois cracks down on uninsured drivers

Mon, 04 Jan 2010 02:22:34 -0600

A new law amends Section 625 ILCS 5/3-707 of the Illinois Vehicle Code making it a misdemeanor to injure someone while driving without insurance. Violators could spend up to a year in jail or face a $2,500 fine.

The amendment reads as follows:

625 ILCS 5/3-707
(a-5) A person commits the offense of operation of uninsured motor vehicle causing bodily harm when the person:
(1) operates a motor vehicle in violation of Section 7-601 of this Code; and
(2) causes, as a proximate result of the person's operation of the motor vehicle, bodily harm to another person.
(a-6) Uninsured operation of a motor vehicle under subsection (a-5) is a Class A misdemeanor.

This law will have especially serious consequences for undocumented aliens who drive without license or liability insurance. The law will also have serious consequences even for aliens who are lawfully in the United States in a valid nonimmigrant status since the commission of any crime is considered a violation of nonimmigrant status under the immigration law, which will make an alien removable from the United States for violation of status.