Articles Posted in Bicycle Accidents

DSCF0091-300x225Chicago personal injury attorneys at Zneimer & Zneimer welcome the federal regulation mandating rearview cameras.  Years of efforts from car-safety advocates and parents have finally paid off as a new federal regulation made it mandatory for all cars sold in the United States to have rearview cameras. Back-over crashes according to a USA Today article kill 200 people annually and injure 12, 000. This regulation which Congress passed in 2008, aims to reduce these numbers. It is long overdue especially for parents who fear running over their children while backing out of their driveway, for example.  With the adoption of rearview cameras and other backup warning devices, parents and motorists, in general will have improved visibility.

The cost to fully equip a car with this technology costs approximately $142 which personal injury attorney Peter Zneimer believes is a small price to pay in order to safeguard the most vulnerable victims of back-over crashes which are mostly children and seniors. Children are less adept at perceiving that a car is about to hit them as they are playing or walking in residential areas; so are senior citizens, whose reaction times are considerably slower than their younger counterparts.  In many instances, particularly, when toddlers are involved, motorists won’t even know immediately that they have struck a child. Children getting run over from behind could easily sustain serious head injuries causing death. Continue reading

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One March evening, a man exits a CTA bus on 47th and Western and crosses the street, when a careening pick-up truck hits him and flees, leaving the man seriously injured.  The pick-up truck driver’s whereabouts are mostly unknown to this day even as police officers comb the city for more information on the driver. The personal injury lawyers of Zneimer & Zneimer P.C. are attempting to locate the driver of the pick-up truck so that the injured man can have his medical bills paid and so that he can be fairly compensated for the injures he sustained.  Unfortunately, these kind of hit-and-run crashes are becoming more common. According to new research from AAA Foundation for Traffic Safety, more than one hit-and-run crash transpires every minute on U.S roads. Twice as alarming is the fact that hit-and-run fatalities rose to 61% from 2009 to 2016, resulting in 2,049 deaths nationwide.

Personal injury attorney, Peter Zneimer, believes that enterprising initiatives such as Vision Zero, will reduce these fatalities.  Bikers and pedestrians are the most vulnerable on the streets and are also most likely to get hurt the most. The healthy benefits of biking are so that 864,000 people rode to work between 2006 to 2016, according to the Census Bureau.  It is no surprise then that cyclists are among the most vulnerable commuters out there and constant distractions in the forms of smart phones, have made the streets a lot more dangerous for pedestrians and cyclists alike.

It is still uncertain why many drivers abscond after a crash, whether it is due to insurance reasons or fear of being penalized or imprisoned, but hit and run crashes can be avoided with a higher sense of awareness and cautiousness, especially on the part of the driver.  Drivers need to live up to their civic responsibility and stop when they hit another car, pedestrian or bicyclist.  If they don’t and are caught fleeing, they should be prosecuted to the full extent of the law given the damage that these crashes cause. The injured party may be left with not only devastating injuries, but crushing medical bills if the injured person is uninsured.  Additionally, the injured party may face the economic hardship of being unable to work for an extended period of time. In the saddest cases, friends and family are left to mourn the loss of a loved one, fatally injured by a hit-and-run driver.

 

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Smartphones are almost indispensable in one’s day-to-day; you can see adult hands holding them and eyes as young as five years old affixed to them.  Waiting rooms all over the world are filled with the motionless, hunched figures of people in the secure company of their phones. The extent to which the general population depends on the phone is dramatic; some would go so far as to say, their whole lives are IN their phone. What we may overlook in our obsession with it, are the actual lives at stake when we abuse the phone. It is a personal injury matter when innocent acts of texting, mindless scrolling or calling endanger lives and kill people.

Using your phone while driving is one of the many common forms of distracted driving and it is lethal. Many tragedies have resulted from distracted driving and it has been outlawed in many states including Illinois.  Personal injury attorney Peter Zneimer is more than aware of the dangers distracted driving poses to the safety of motorists and pedestrians alike. One way to curb this type of distracted driving is through the adoption of a new technology called “Textalyzer”, developed by Israeli mobile forensics company, Cellebrite. A grieving New York father, Ben Lieberman, has urged Chicago’s City Counsel’s Public Safety Committee to consider this technology so as to prevent senseless accidents from happening. He has lost his 19 year old son himself from a distracted driver who was never prosecuted. The Textalyzer acts the way a Breathalyzer acts for intoxicated drivers. The idea is for law enforcers to determine if a driver was swiping, scrolling etc. with his phone minutes before a crash, with the use of Textalyzer.

It is relatively new and will have hurdles to jump through due to privacy concerns but past that, the Textalyzer has serious potential to save lives and give more accountability to motorists.

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As the city of Chicago’s way of advancing its commitment to prioritizing traffic safety, it created a comprehensive plan called Vision Zero. It is spearheaded by Mayor  Rahm Emanuel and was modeled after a road traffic safety project that began in Sweden and has since influenced many U.S cities, many of which have adopted it.

According to the Illinois Department of Transportation 2010-2014, someone dies every three days as a result of a traffic crash. Personal injury attorney, Peter Zneimer believes that Vision Zero will help in reducing traffic-related deaths and serious injuries.  This city has seen an alarming increase of bicycle crashes by 67% last year, based on data from the Chicago Police Department. Vision Zero seeks to lessen this number, while encouraging more people to walk, bike and take public transit.

Chicago is already the national leader on Complete Streets that largely focuses on pedestrian safety, designing streets that are intended to promote a culture of safety especially for the most vulnerable roadway users.  Vision Zero will take it further by studying how the design process can be integrated into determining the correct speed limits for each street in every community. It calls on law enforcement to focus on so-called high-crash areas.  The Mayor is seeking funding to carry out these goals.

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More young professionals are investing in bicycles as an alternative mode of transportation especially in big cities such as Chicago which has been named last year as the most bike-friendly U.S city. Millennials not only invest in bicycling as a pastime or a good way to exercise, they have embraced it as part of a healthier, greener lifestyle.

While the city of Chicago has been making strides at making its rowdy city streets easier on bike commuters with the creation of its popular bike-share program, Divvy Bikes, the Illinois Department of Transportation reports 1,171 individuals injured and 10 bicyclists killed on average every year. But here’s the catch: these fatalities do not occur in the city but in suburbs where the infrastructure was designed not with bicyclists in mind years ago, but with people driving cars. Individuals behind the wheel more often than not look at the lone bicyclist with mistrust and sometimes with animosity because of the liability they are sure to face. This mentality, though faulty, is spawned from years of auto-centric planning on a large scale and because historically, America has been a driving nation.

Personal injury attorney, Peter Zneimer, notes that this is not the case anymore. As more individuals become more socially and environmentally conscious, biking is no longer a hobby but a practical reality for many in our streets. As personal injury cases arise out of bike-related accidents whether in congested cities or quiet suburbs, the question of safety and liability should be discussed at length.  The Governors Highway Safety Association reports an alarming increase in bike deaths by 12.2 percent in 2015 as published in a Washington Post article. Personal injury lawyers at Zneimer and Zneimer P.C.  believe both drivers and bikers have an equal amount of responsibility on the road, as they should, but the truth is that bikers are more prone to grave injuries or worse, death.

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The first section of the Lakefront Trail separation project has been completed from 31st Street to 41st.  The separation project will provide separate paths for bikers and pedestrians along the 18 mile trail.  The Chicago Tribune reports that the  two-year project will stretch from Ardmore street to 71st Street and will cost $12 million dollars with money provided by billionaire Ken Griffin.

Personal injury lawyer, Peter Zneimer who is a frequent user of the trail notes that a safety upgrade was badly needed.  Bikers, traveling at all speeds negotiate the trail around joggers, walkers, baby-strollers, roller bladders, along with many people just crossing the path to get to the lake front.   In fact, according the Active Transportation Alliance, an estimated 100,000 people use the trail on weekends during the summer.

It is no surprise that there have been many collisions on the Lakefront Trail between bikers and pedestrians and between bikers and other bikers.  Many of these collisions have resulted in serious injuries and even fatalities.  People even bring small children just learning to ride a bike onto the trail seemly oblivious to the dangers on the trail.  Perhaps one of the greatest dangers on the trial are bicyclists who insist on pedaling at recklessly high speeds totally heedless to the fact that there are a large number of inattentive children and adults present who may wander into their path at any time. The personal injury lawyers of Zneimer & Zneimer P.C. hope that the separated lanes may reduce injuries from collisions on the trail.

 

 

 

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The Chicago Tribune reports that Chicago Mayor Emanuel’s plan to make city trucks safer has been advanced in the Chicago City Council.  Chicago lawyer, Peter Zneimer observes that many fatal bike accidents that have occurred in the last few years in Chicago have involved trucks.  Visibility for bicyclist riding in traffic is always a major problem even for people driving automobiles.  The visibility of bicyclists is a much greater problem for truckers.  Almost all of the bicyclist accident cases handled by the attorneys of Zneimer & Zneimer involve a motorist not seeing the bicyclist  prior to the crash either due to distraction, lack of attention or the bicyclist was in a blind spot.  Guarded bike lanes are the best solution but they are cost prohibitive to construct everywhere.

The Mayor’s proposes to require city trucks to install side guards, which cover the area between the front and rear wheels of a truck to make it harder for pedestrians or bicyclists to be caught under the wheels of the truck after a crash.  The ordinance would also require trucks to have additional convex mirrors.  The law would also mandate additional training for city employee truck drivers and contractors to improve safety awareness.

The one downside of the proposed law is that the ordinance would give the city almost ten years to make the changes on city trucks.  Contractors who do business with the city would get four years to make the safety changes on their trucks.

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The Chicago Tribune reports that one in four motorists were using their phone shortly before a crash occurred.  The report cited a study conducted by Cambridge Mobile Telematics, a company that makes applications for insurance companies.   The personal injury lawyer, Peter Zneimer notes that more and more of the pedestrian and bike cases he handles involve a driver who is on his or her cell phone and is distracted at the time the crash occurs.  The personal injury attorneys of Zneimer & Zneimer have even handled a case where a motorist dropped her cell phone on the floor of her car while driving and was rummaging around the floor of her car with her eyes completely off the road when she hit our client who was bicycling and was completely in his bike lane at time of impact.  Our client suffered serious injuries because of the gross negligence of this extremely distracted driver.

The state of Illinois has had a law against using a cell phone while driving since 2014.  A ticket for driving while using a cell phone is $75.00, going up to $150.00 for repeat offenders.  One would expect to see a big difference the amount of time that drivers spend on the phone in the state of illinois that has a ban on driving and talking on a cell phone and states that do not have any prohibitions for cell phone use. However, the Cambridge study, which looked at more than 100,000 drivers over 18 months, found little difference.  In Illinois, the average time on the phone was 3.17 minutes per 100 miles versus 3.82 minutes on the phone for drivers in states with no cell phone law.

Not too surprisingly, the top 10 percent of distracted drivers, i.e. the drivers who spent the most time on the phone were 2.3 times more likely than the average driver to get into a crash.

The personal injury attorneys of Zneimer & Zneimer are cautioning Chicago bicyclists to stay clear from the city sidewalks.  Many Chicago sidewalks have hazardous pavement differentials and deep holes, with grass and weeds growing through them, making them difficult to see and avoid.    Quite a few people have landed on the ground after running into such sidewalk hazards, breaking a hand, a leg, or suffering other injuries.

That is not to say that riding on the street is much safer.  Many streets have large cracks and holes, and angry automobile drivers in various stages of road rage, inching a notch at the sight of a bicyclist.  And yet, bicyclists will fare better against the City if they fall and get injured because of a street hole, rather than if they fall over a sidewalk hazard.

The Tort Immunity Act gives immunity to the City of Chicago for negligence, with few exceptions.  One of the exceptions is the requirement for a local public entity to exercise ordinary care to maintain its property in a reasonably safe condition “for the use in the exercise of ordinary care of people whom the entity intended and permitted to use the property in a manner in which and at such times as it was reasonably foreseeable that it would be used.”  745 ILCS 10/3–102(a) (2017).

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A Chicago Tribune article reports that there has been a 50 percent increase in crashes between bicyclists and  motor vehicle doors between 2014 and 2015.  According to the Illinois Department of Transportation, there were  302 crashes in 2015 versus 202 crashes in 2014.  Chicago personal injury lawyer, Peter Zneimer observes that many of the painted on bike lanes in the city of Chicago run parallel and close to the parked cars so that when a person opens their car door they open it across the bike lane.  The attorneys of Zneimer and Zneimer handle many such cases and they almost always involve a motorist who is not looking for bicyclists.  The bicyclist is usually thrown to the pavement and in the worst case scenario is thrown in front of moving traffic.

The city of Chicago does have an ordinance making it a violation to open a car door in the path of a bicyclist, with fines as much as $1,000.00. Additionally, the City has constructed 100 mile of protected bike lanes since 2011.  Protected bike lanes are the safest option but they cost money.  Furthermore, many Chicago streets are not amenable to be retrofitted  with protected bike lanes.

With many more bicyclists on the roads than in the past, motorist need to get in the habit of looking for bicyclists.  Bicyclists can do their part too by wear bright clothes that make them more visible and by having lights on their bikes for night riding.  Since a set of bike lights only costs about $10.00 there is no excuse for night riders not to have them.