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

IMG_2132-225x300 IMG_8524-225x300
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.

IMG_3464-225x300 IMG_6438-2-300x297
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

IMG_0119-225x300
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.

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

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.

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.

IMG_8462-225x300IMG_1671-225x300
Dog bites can be a serious problem for children and adults alike. According to a report by the Centers for Disease Control and Prevention (CDC), dogs bite more than 4 million people each year in the United States. Some breeds are more likely to cause injury or death from severe dog bites and fatal dog attacks than others. Here are some of the most dangerous dog breeds for children:

– Pit bulls, pit bull terriers, or pit bull type dogs – this can include dogs originally bred for dog fights like the American pit bull terrier, American Staffordshire terrier, Staffordshire bull terrier, or any other mix of this breed

– Rottweilers – a large powerful breed

 

IMG_0069-225x300IMG_3856-225x300

Electric bikes are becoming increasingly popular as a mode of transportation in Chicago due to their eco-friendliness and convenience. However, they can be dangerous if not used properly. According to a study by Reuters, there were 3,075 e-bike injuries in the US in 2018 alone.

If you’re involved in an electric bike accident and you’re not at fault, you may be able to recover financially for your injuries. Some of the damages that you may be able to recover are compensatory damages that include anything lost due to the accident including payment for medical bills current and future.

If you’re considering purchasing or renting  an electric bike, it’s important to keep in mind that they can reach high speeds. This means that if you’re involved in an accident while riding one, it can be more severe than if you were on a regular bike.  If you’re ever involved in an electric bike accident and need legal assistance, the personal injury lawyers of Zneimer and Zneimer may be able to help you.

Car accidents can be devastating, and the aftermath can be overwhelming. If you or a loved one has been involved in a car accident, it is important to seek legal representation right away. At Zneimer & Zneimer, our experienced car accident attorneys are dedicated to helping clients receive the compensation they deserve.

Impaired driving is a leading cause of car accidents in the United States. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, 10,142 people were killed in alcohol-impaired driving crashes. This represents 28% of all traffic-related deaths in the United States. In addition to alcohol, drug-impaired driving is also a growing problem. In 2019, 14.8 million people reported driving under the influence of illicit drugs.

At Zneimer & Zneimer, we understand the devastating impact that impaired driving accidents can have on victims and their families. Our attorneys have years of experience representing clients in car accident cases involving impaired drivers. We will investigate the incident thoroughly, gather evidence, and negotiate with insurance companies to make sure you receive the compensation you deserve.

Compensation for car accident injuries can include medical expenses, lost wages, and damages for pain and suffering. In cases involving impaired driving, victims may also be entitled to punitive damages, which are designed to punish the at-fault driver and deter others from engaging in similar conduct.

If you or a loved one has been injured in a car accident, it is important to seek legal representation right away. Our attorneys are available 24/7 to answer your questions and provide you with the support you need during this difficult time. Continue reading

Contact Information