Articles Posted in Auto Accidents

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What happens if you are driving in Chicago and you are driving through a green light when all of a sudden a police car from your and comes through the red light and crashes into your car and you are injured.  Can you make a claim against the city if Chicago.  As in many legal scenarios: “it depends”. The personal injury lawyers of Zneimer &  Zneimer P.C. have handled these cases and they are always challenging.

Illinois law draws an important distinction between police officers driving in ordinary conditions and officers responding to an emergency call. That distinction directly affects the burden of proof an injured victim must meet in order to recover compensation.

Police Are Not Always Immune From Liability

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Chicago winters have a way of turning the familiar into the unpredictable. Streets you’ve driven for years suddenly feel unfamiliar beneath fresh snow, visibility narrows to a frosted tunnel, and road conditions shift hour by hour.   The personal injury lawyers of  Zneimer & Zneimer P.C.,  see firsthand how winter weather contributes to serious crashes—and this year, Chicago drivers face new roadway hazards that deserve special attention.

Below, we break down the risks, including a new and unexpected one created by recent roadway redesigns.

  1. New This Winter: Hidden Bump-Outs and Raised Medians

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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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Ridesharing has transformed how we get around Chicago. Apps like Uber and Lyft make it simple to request a ride with just a few taps. But when accidents happen, rideshare cases are more complicated than a typical car crash. The biggest question is usually who pays? Understanding insurance coverage and what insurance coverage is in effect at the time of the crash is important in these cases.  The personal injury lawyers Zneimer & Zneimer P.C. have handled many such cases and know that if you have been involved in a crash, it is important to speak with an attorney before speaking with the insurance company.

When You Are a Passenger in an Uber or Lyft

If you are riding in an Uber or Lyft and the driver causes an accident, both Uber and Lyft provide up to $1 million in liability coverage and uninsured/underinsured motorist coverage. One million dollars of coverage is more coverage than a vast majority of vehicles have on the road.

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El 10 de agosto de 2025, un hombre de Gage Park fue atropellado por un sedán gris mientras intentaba cruzar la calle en el cruce peatonal de South Kedzie Avenue a las 3:20 a. m. El Chicago Suntimes informó que el sedán gris se pasó un semáforo en rojo, golpeó a Jermaime Martin, quien estaba en el cruce, y luego huyó. El Chicago Suntimes informó que el 3 de agosto de 2025, un hombre de 31 años fue atropellado y muerto por un conductor que se dio a la fuga en Greater Grand Crossing. El 22 de julio de 2025, el Chicago Suntimes informó que un peatón fue atropellado por una GMC SUV color burdeos en la cuadra 500 de North Pulaski Road. Parece que ocurre un accidente grave de atropello con fuga en Chicago cada pocos días. Los abogados de lesiones personales de Zneimer & Zneimer,  P.C. actualmente están manejando múltiples casos de atropellos a peatones y ciclistas en los que los clientes tienen seguro. Desafortunadamente, las víctimas de un atropello que no tienen seguro de auto no tienen suerte, ya que no hay de quién cobrar.

Chicago tiene una crisis de seguridad peatonal, y los atropellos con fuga están en el centro de ella. Dependiendo de qué conjunto de datos oficiales se consulte —y de cómo se reconcilien las muertes posteriores—, 2024 registró al menos 28 muertes de peatones en calles de la ciudad (más cinco ciclistas), y posiblemente hasta 38 muertes de peatones una vez que se agregaron los registros posteriores del CDOT. (chi.streetsblog.org)

¿La policía se toma en serio los atropellos con fuga?

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On August 10, 2025, a Gage Park man was hit by an gray sedan as he attempted to cross the street in the crosswalk on South Kedzie Avenue at 3:20 am.  The Chicago Suntimes reported that the gray sedan ran a red light, hit Jermaime Martin who was in the crosswalk and then sped away. The Chicago Suntimes reported that on August, 3 2025, a 31 year old man was struck and killed by a hit-and-run driver in Greater Grand Crossing. On July 22, 2025, The Chicago Suntimes reported that a pedestrian was struck by a maroon GMC SUV in the 500 block of North Pulaski Road. It seems there is a serious hit-and-run accident in Chicago every couple of days.  The personal injury lawyers of Zneimer P.C. are currently handling multiple pedestrian and bike hit-and-run cases where clients have insurance.  Unfortunately, victims of a hit-and- run that do not have auto insurance are out of luck since there is no one to collect from.

Chicago has a pedestrian safety crisis, and hit-and-runs are at the heart of it. Depending on which official dataset you check—and how late fatalities are reconciled—2024 saw at least 28 pedestrian deaths on city streets (plus five people on bikes), and possibly as many as 38 pedestrian deaths once CDOT’s later records were added. (chi.streetsblog.org)

Are police taking hit-and-runs seriously enough?

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A personal injury victim comes to our office.  He was crossing the road in a crosswalk when a driver failed to stop and plows into him. He has a fractured hip with surgery and has over $100,000 in medical bills alone. It sounds like a strong case. Expect there is one major problem. The driver only has $25,000.00 in liability coverage; the minimum coverage allowed in the state of Illinois. The victim does not drive a car so does not have under-insured motorist insurance coverage.  Unfortunately, this is a scenario that the personal injury lawyers of Zneimer & Zneimer P.C. encounter quite often.  Perhaps it is time that the mandatory minimums are raised to keep up with inflation.

Illinois’ current minimum liability coverage requires drivers to carry only $25,000 per person for bodily injury and $50,000 per accident. These limits were last adjusted in 2015, when they rose from $20,000, a figure that had been in place since 1990.

That means in over 30 years, the state has increased coverage by only $5,000—just a 25% increase. During the same period, the Consumer Price Index (CPI) has soared by over 169%, according to U.S. Bureau of Labor Statistics data. In other words, a $20,000 policy in 1990 would need to be over $53,000 today just to keep up with general inflation. And that doesn’t even account for skyrocketing medical costs.

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The NHTSA did a groundbreaking study in 2008 to analyzed the cause of auto accidents.  This study conducted by the University of Michigan closely studied 6,950 crashes using sensors and video cameras. From this study the researchers identified six major causes of car crashes.  The findings were highlighted in an article entitled “Anatomy of a Car Crash” in Slate, November 21, 2017.

Right Turns on Red

The personal injury lawyers of Zneimer & Zneimer P.C. highlighted the dangers of right turns on red in a blog dated February 15, 2025.  The dangers from right turns on red stem from the natural behavior of a driver who is engaging in a right turn on red.  When a person pulls up to a red light with the intention of making a right turn, the driver’s attention is focused to the left to see if any cars are coming from that direction. If a car is coming from the left but is far enough away that the right on red can completed, the average driver proceed into the right turn while still being mindful of any cars coming from the left.  What happens is the driver then fails to check for pedestrians crossing from the right or any bicyclist coming from the right.  A U.S. Department of Transportation study found that pedestrian being hit by cars rose 43% to 107% after permissive right on right laws were implemented.  Whats even worse, the NHTSA reports that rolling right on red accidents account for 6 percent of pedestrian deaths and sadly, 21% of these deaths are children.  It is easy to see why cities like New York and San Francisco have banned right on red in most of their downtown.

Car accidents change lives in an instant. One moment, you are driving home, thinking about dinner plans, and the next, you are in an ambulance, worried about hospital bills, missed work, and whether your insurance will cover the damage. In Illinois, car accident victims have legal rights to recover compensation, but the process is not always straightforward. Zneimer & Zneimer PC, experienced Chicago personal injury attorneys, fight for their clients to ensure that the personal injury victim’s harms are properly monetized.

What Damages Can You Claim After a Car Accident?

Victims of car accidents can seek different types of damages. Illinois law separates these into compensatory damages and punitive damages, and courts treat these claims differently, depending on the evidence presented.

1. Compensatory Damages: Getting Back What You Lost

  • Medical Bills: Take the case of James Henderson, who was rear-ended at a red light. The impact sent him to the hospital, where he underwent surgery for a spinal injury. His medical expenses piled up—an all-too-common scenario. Under Henderson v. Hudson (121 Ill.App.3d 780 (1984)), Illinois courts require juries to itemize compensation for economic damages like medical bills, physical therapy, and ongoing treatments.
  • Lost Wages and Property Damage: A plaintiff had been saving for years to open her own bakery when a reckless driver ran a red light and totaled her car. Her injuries kept her out of work for months, setting her dream back. Illinois law allows victims to recover lost wages and compensation for the cost of repairing or replacing their vehicle.
  • Pain and Suffering: Some losses are harder to quantify. When a plaintiff was struck by a distracted driver, he suffered nerve damage that left him unable to play the guitar, which was a lifelong passion. Courts recognize that victims deserve compensation for these emotional and physical losses.
  • Loss of a Normal Life. According to the Illinois Civil Jury Instruction, a loss of a normal life means “the temporary or permanent diminished ability to enjoy life. This includes a person’s inability to pursue the pleasurable aspects of life.”
  • Disfigurement.  Illinois law recognizes disfigurement as a result of negligence as a separate element of compensable damages.  This means that a person who was scarred as a result of the negligence can seek additional compensation.

To recover for the different items of damages, the personal injury

2. Punitive Damages: When Negligence Becomes Outrageous

Illinois law does not grant punitive damages lightly. These damages are meant to punish the defendant and send a message that reckless behavior will not be tolerated.

Consider Ford v. Herman (316 Ill.App.3d 726 (2000)), where a driver with a history of DUI convictions got behind the wheel after downing eight or nine beers. His reckless decision led to a horrific crash, severely injuring a family. The court awarded $6 million in punitive damages—far exceeding the victims’ medical bills—to punish the driver and deter others from drinking and driving.

Another shocking case, Denton v. Universal Am-Can, Ltd. (2019 IL App (1st) 181525), involved a trucking company that ignored federal safety regulations and allowed an unqualified driver with a suspended license to continue working. That negligence led to a catastrophic crash. The jury awarded $35 million in punitive damages, recognizing the company’s blatant disregard for public safety.

3. Credit Damage: A Tough Fight

Some victims face financial ruin after a car accident. Medical debt, missed work, and insurance disputes can lead to missed payments and a ruined credit score. But can you sue for credit damage?

In Anderson v. Nelsen (2023 IL App (4th) 220801), a plaintiff sought $25,000 in damages for his plummeting credit score. The court rejected the claim, arguing there was no clear evidence linking the accident to his financial troubles. While courts remain skeptical about credit-related damages, it is worth trying to develop the law because the loss of credit score results in monetary loss to the plaintiff and needs to be monetized. Victims must show documentation of missed payments, expert testimony on credit impact, and proof of loan denials.

Why Legal Representation Matters

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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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