Chicago Accident Lawyer BlogIf you live in the Chicagoland area, you’d have to live under a rock, not to notice the variations and diversity amongst the types of road users that occupy communities. Traveling alongside cars, motorcycles, commercial trucks, and public transit vehicles, are commuting bicyclists and pedestrians; delivery/courier pedacyclists; and resident or tourist recreationalists, whether runners, joggers, walkers, moms with strollers, or children at play. Chicago has long recognized its need to account for its road-user diversity, the result of which has led to more marked and/or barrier separated bike lanes, increased enforcement in intersections and along sidewalks, as well as the construction of paths and trails that create throughways to increase accessibility and improve safety. However, as we push for more use of the pathways and trails, which are intended to protect vulnerable road users, another safety issue has begun to rear its ugly head, and increasingly so—that is, pathway and trail accidents.
Articles Posted in Bicycle Accidents
Recall of Nearly a Million Trek Bicycles, Lawsuits Expected to Follow
The Bicycle Accident Attorneys of Zneimer & Zneimer take note of the recall of nearly a million bicycles manufactured by Trek. This recall involves models of Trek bicycles equipped with front disc brakes that were produced from 2000 to 2015. According to the recall summary, released by the Consumer Product Safety Commission (CPSC) last week, “An open quick release lever on the bicycle’s front wheel hub can come into contact with the front disc brake assembly, causing the front wheel to come to a sudden stop or separate from the bicycle, posing a risk of injury to the rider.” The manufacturer reports three incidents associated with the product defect, each of which resulted in injury, including one victim becoming paralyzed, another that sustained a broken wrist, and a third that resulted in facial injuries.
Bicycling Under the Influence
The Chicago Bicycle Accident Attorneys of Zneimer & Zneimer P.C. take note of a concerning problem amongst bicyclists—biking while under the influence. Navigating our busy streets can be highly dangerous, even for a sober biker. Add in alcohol or drugs, and you have an equation for disaster. Bicycling under the influence is more common than you may think. According to an October 2014 report released by the Governors Highways Safety Association (GHSA), which examined recent trends in fatal bicycle accidents, in 2012 “28 percent of riders age 16 and older had blood alcohol concentrations (BAC) of .08 percent or higher.”
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.
Divvy Bikes: What to do After a Crash
As bike sharing continues to expand throughout Chicago, the Attorneys of Zneimer & Zneimer P.C. take note of the growing number of bicycle accidents involving Divvy bikes. Being involved in a bike crash can be stressful experience-so much so, that it can cause a victim to forget what actions need to be taken following an accident. In some cases, the victim may not know what post-accident procedures are necessary and/or appropriate. Our injury lawyers discuss the steps that a bicyclist should take in the event a collision occurs while using a Divvy bike.
Step 1. Call 911 immediately after the incident to obtain emergency assistance. For non-emergency situations, the victim can call 311 instead.
Step 2. Call the police district where the crash occurred, and file a police report. To find the appropriate district, see Police Districts in Chicago. Make sure the officer properly documents all information pertaining to the accident, including the facts of the incident, the parties involved, as well as any potential witnesses.
Distinguishing between Accident / Injury Claims involving Bike Sharing, Bike Rental, & Bike Sales
Bicycle accidents can occur for a variety of reasons. The Attorneys of Zneimer & Zneimer P.C. represent the victims and family members of bike crashes that occurred in Chicago or a neighboring suburb. As bicycling increases throughout Chicagoland, so have bike-related amenities, including bike-sharing programs, bike rental agencies, and bike shops that sell bicycle parts, as well as new and used bikes. In some incidents, the cause or contributing factor to a bicycle accident was the actual bike being used, such as a bicycle that has recently been purchased, rented from an agency, or part of bike sharing program.
There are a variety of factors that must be taken in consideration in assessing the validity of a claim extending from the use, purchase, or rental, of a bicycle. In addition to evaluating the factual circumstances involved, it is important to identify the law applicable to the matter, whether local, state, federal, or a combination thereof. In newly emerging types of claim, such as those involving bike sharing facilities/programs, rulings in prior cases, referred to as case law, can also play a large part in the outcome of a particular matter.
In understanding the variations in each type of claim-bike sharing, bike rental, and bike sales-it is helpful to distinguish between the purchase of a consumer product and the purchase of a service. The purchase of a product, such as a bicycle, will often depend on whether the product is new or used, in addition to whether the consumer was purchasing a product or a service.
Defendants, Liability, and Compensation Sources in Bicycle Accidents
The Chicago lawyers of Zneimer & Zneimer P.C. represent victims seeking compensation for injuries and losses sustained in bicycle accidents. Personal Injury claims extending from bike crashes can be complex, in the sense that there are numerous variations in prospective defendants, as well available sources of compensation. Below, we have compiled a list of persons and/or entities that can potentially provide a means of financial recovery to the victims of bicycling-related incidents. Examples of some specific issues have also been included.
Motorist. Negligent, reckless, or unlawful actions of a motorist (i.e., speeding; running a red light; failure to yield right-of-way or decrease speed; driver distraction; driving while impaired/intoxicated; dooring a bicyclist).
Homeowner. Failure to remedy dangerous conditions that pose a safety hazard to bicyclist (i.e. driveway maintenance; object obstructions/whether stationary or moving; visual obstructions/trees/hedges; falling trees; unattended children; dog or animal attacks).
Bicyclists Reminded to Check Bikes for Safety Recalls
The Bicycle Crash Attorneys of Attorneys of Zneimer & Zneimer P.C. represent the victims and family members of those injured or killed in a bicycling-related accident. According to a study by the Consumer Product Safety Commission, as many as 13% of bike injury incidents are associated with the mechanical failure of a bicycle. While many of these accidents are caused due to improper maintenance or other external factors, many occur as a result of bicycle that was defectively designed or manufactured. Consumers are reminded of the importance of keeping track of safety recalls.
Our concerns extend from the announcement of two separate bicycle recalls in the past month, as reported by the Chicago Tribune.
Recent Bike Crashes in Chicago Area Raises Concerns over Bicycling Safety
The Attorneys of Zneimer & Zneimer P.C. have repeatedly voiced our concerns over the safety of bicyclists in our communities. Increased ridership over the past few years has brought not only more accidents, but a wider variation in accident types. While often time we discuss bike crash issues in general terms, our concerns are perhaps better expressed by taking a look back at recent bike crashes that have occurred in the Chicago Metropolitan area.
Motorist kills cyclist at Intersection
On August 18, 2014, a 44-year-old Park Forest resident was struck and killed by a southbound motorist while bicycling eastbound at the intersection of 55th Street on Central Avenue in the Garfield Ridge community. Police cited the motorist for failing to reduce speed to avoid an accident.
Fatal Bicycle Accident Raises Concerns over Trail Safety
The Attorneys of Zneimer & Zneimer P.C. discuss the issue of the growing number of bike trail and bike path accidents in the Chicago area. In particular, we address the topic of bike pathway and trail incidents caused by what we refer to as ‘avoidance-related’ factors. Our use of the term ‘avoidance-related’ refers to actions taken by a bicyclist in attempt to avoid striking an oncoming pedestrian, bicyclist, or object, which as a result of such efforts, causes a subsequent fall or collision.
Avoidance-related accidents have long been a concern for cyclists that travel upon roadways. For example, swerving to avoid a vehicle that suddenly stops, only to strike an oncoming pedestrian, or worse yet, be struck by an oncoming vehicle. Likewise, attempting to avoid a dooring accident, which causes the bicyclist to fall, or collide with a person or object. These are just a few avoidance-related issues along roadways-now consider the same along bike paths and bike trails.
For explanatory purposes, we discuss a recent fatal bike accident that occurred along a Will County Forest Preserve Trail, as reported by the Chicago Tribune: