Chicago Accident Lawyer Blog

School Bus Collides with Motor Vehicle Causing Fatality

Sun, 12 May 2013 00:09:08 -0600

As reported by CBS Chicago, “One person was killed in a multi-vehicle accident after a school bus with nearly three dozen students on board collided with two other vehicles near north suburban Wadsworth.” Preliminary investigations revealed that the accident may have been caused because the school bus driver ran a red light, however as reported by the Chicago Tribune on April 30, 2013, Lake County prosecutors will not be pressing charges. Tragically, the driver of the motor vehicle which the school bus collided with suffered fatal injuries. According to the Chicago Tribune, the Lake County Coroner’s Office found evidence of prescription drugs in the deceased’s system, however the Coroner’s Office did not report which drug this may have been.
Although dozens of children were injured as a result of this accident, none of the injuries were reported to be life threatening. The bus accident attorneys of Zneimer & Zneimer, P.C., recognize that the severe nature of this accident, in which a school bus carrying 34 children rolled over on its side, presented circumstance that could have potentially resulted in numerous deaths. Fortunately, this was not the case. Our team of injury and accident attorneys support Chicago parents who demand the safeguarding of their children as they are placed in the hands of school bus drivers each day. If your child was injured or killed as a result of a negligent bus driver or other motorist, it is imperative that you protect your legal rights. Contact a licensed Illinois bus accident attorney today for a free consultation at (773) 516-4100, or through our website at www.zneimerlaw.com.

Child Restraint Systems: The Right Seat, The Right Size, the Right Use

Sun, 12 May 2013 00:00:57 -0600

Pursuant to the Illinois Child Passenger Protection Act, all child passengers under the age of 8 years old are required to be restrained by a car or booster seat. However, use of a child restraint system is only the first step in protecting your most precious cargo in the event of a motor vehicle accident. As the National Institute of Highway Traffic Safety Administration (NHTSA) stated, the key to safety is “the right seat, the right size, the right use.” Our injury and accident attorneys understand that it may be difficult for parents to determine if they are using the appropriate car seat in the proper manner. The foregoing is provided by the lawyers of Zneimer & Zneimer, P.C. to guide Chicago parents in protecting their child passengers, in hopes that it may aide in the reduction of child car seat injuries and fatalities that occur as a result of a car accident.

Choosing a car seat that is both age and size appropriate for your child can drastically decrease the likelihood of injuries sustained in a motor vehicle accident. Further, considerations as to age and size must be an ongoing process as your child grows. Our injury and accident lawyers recognize that although a car seat might be suitable for a child of a certain age, it may not be suitable for that child’s size. The safety risks involved encompass both car seats that are too large for the child, and therefore may not protect against injuries in the event of a collision, as well as car seats that the child has outgrown.

The NHTSA, and the injury attorneys of Zneimer & Zneimer, P.C. as well, urge parents to fill out the manufacturer’s registration form, and submit this form to the manufacturer immediately following the purchase of a new car seat. By submitting such registration, and keeping all contact information current, you can ensure that you will be notified of important safety recalls pertaining to your specific child restraint device.

Additionally, parents are advised against purchase of second hand car seats, for two important reasons. First, parents may be unable to register second-hand car seats, and therefore may be unaware of important safety recalls. Second, parents who purchase second-hand car seats may have no way of knowing if the car seat was involved in a prior accident. In the event that a parent elects to use a second-hand car seat, the NHTSA provides a list of safety recalls, listed by manufacturer. However, the injury lawyers of Zneimer & Zneimer, P.C. still advise parents in Chicago, and surrounding cities, against the use of second-hand car seats, due to the risks associated with car seats that were damaged in a previous accident.

If you are concerned as to if you are using the appropriate car seat for your child passenger in an appropriate manner, or to verify that such car seat is functioning properly, the NHTSA provides a list of locations in Chicago, and surrounding Illinois cities, where certified inspector are available to inspect your child car seat and show you how to correctly install and use it. NHTSA currently lists 384 inspection stations in Illinois. To find a station near you, please visit

www.nhtsa.gov/cps/cpsfitting/index.cfm.

Often times, injuries to child passengers may still occur, despite proper use of the proper child restraint system. There may be circumstances where a manufacturer has failed to recall a defectively designed device, or where the device was defectively manufactured. In other scenarios, the user guide provided by the manufacturer fails to provide sufficient instruction or warning regarding the child restrain device. The accident and injury attorneys of Zneimer & Zneimer, P.C. represent clients in products liability actions against the manufacturers of devices that cause injury or death to a child passenger.

If your child was injured or killed as a result of a motor vehicle accident involving a car seat restrained child passenger, contact the Chicago injury and wrongful death attorneys of Zneimer & Zneimer, P.C. for a free consultation today at (773) 516-4100, or online at www.zneimerlaw.com.

Chicago Mayor Proposes Higher Fines For Reckless Drivers and Cyclists

Wed, 08 May 2013 23:40:45 -0600

Chicago Mayor Rahm Emanuel is proposing a new Chicago ordinance that would increase fins for bicyclists that do not obey traffic rules and for motorists who open their car doors without looking according to a Chicago Sun-Times article. The proposed ordinance would increase the fines for bicyclists who break traffic laws from $25 to a range of $50 t0 $200 dollars. The fine for parked motorists who open their car door in front of a bicyclist would be raised from $500 to $1000 dollars.

The bicycle accident lawyers of Zneimer & Zneimer, P.C. know first hand how dangerous and how common "dooring" accidents are in the city of Chicago since we handle many of these cases for injured bikers. A "doored" bicyclist at best is thrown on to the pavement and at worse is knocked by the door into the path of moving traffic. Either way, serious injuries are likely to result. CDOT now gathers data about the frequency of dooring accidents. Out of 1,675 bike crashes in Chicago last year, 250 were dooring crashes.

In a further attempt to reduce dooring crashes, the city plans to distribute stickers to be placed in taxi cabs in view of taxi passengers, reminding them to look out for bicyclist before exiting a taxi cab.

Criminal and Civil Liabilities under Illinois ‘Social Host’ Act

Mon, 06 May 2013 21:36:41 -0600

Underage drinking continues to be a problem in Illinois, and across the nation as well. Much needed policy reform addressing this issue came forth to Illinois residents with the 2004 enactment of the Drug or Alcohol Impaired Minor Responsibility Act. Pursuant to the Act, codified under 740 ILCS 58:
(a) Any person at least 18 years of age who willfully supplies alcoholic liquor or illegal drugs to a person under 18 years of age and causes the impairment of such person shall be liable for death or injuries to persons or property caused by the impairment of such person.
(b) A person, or the surviving spouse and next of kin of any person, who is injured, in person or property, by an impaired person under the age of 18, and a person under age 18 who is injured in person or property by an impairment that was caused by alcoholic liquor or illegal drugs that were willfully supplied by a person over 18 years of age, has a right of action in his or her own name, jointly and severally, for damages (including reasonable attorney's fees and expenses) against any person:
(i) who, by willfully selling, giving, or delivering alcoholic liquor or illegal drugs, causes or contributes to the impairment of the person under the age of 18; or
(ii) who, by willfully permitting consumption of alcoholic liquor or illegal drugs on non-residential premises owned or controlled by the person over the age of 18, causes or contributes to the impairment of the person under the age of 18.

Currently, civil liability for injuries or death caused as a result of underage drinking require some component of a “voluntary undertaking,” as established in the landmark Illinois case on this issue, Bell v. Hutsell. As such, parents who host a party, generally must perform some type of affirmative action, which includes more than promise to monitor, in order for civil liability to attach. However, as also noted in Bell v. Hutsell, when parents undertake a responsibility to care for an intoxicated underage guest, then civil liability could arise. Because Illinois law regarding civil liability for social hosts can be quite confusing, our premise injury attorneys advise Chicago parents, that it always best to err on the side of caution, rather than risk liability. In cases where civil liability does attach, parents can also be found liable for motor vehicle accidents, which may occur as a result of underage drinking having taken place on their private property. The full text of the Illinois statute regarding civil liability for underage drinking can be accessed at:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2493&ChapterID=57

Recent amendments to the Illinois Liquor Control Act, which became effective January 1, 2013, provide for criminal liability under much stricter guidelines than those for civil liability. Under the amendment, knowingly permitting underage alcohol consumption can result in a Class A misdemeanor, however if death or injury occurs as a consequence of such underage drinking, you can be found guilty of a Class 4 Felony. A full text of the Illinois statute regarding criminal liability for underage drinking can be accessed at:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1404&ChapterID=26

If your child was injured or killed as a result of underage drinking, which you suspect occurred on private property, contact Zneimer & Zneimer, P.C. today at (773) 516-4100, or online at www.zneimerlaw.com, for a free consultation with a Chicago premise liability or wrongful death attorney.

The Dangers of Teen Driving

Sun, 05 May 2013 21:22:47 -0600

Recent tragic accidents, which took the lives of 15 teenagers, and numerous others, are a reminder to the Chicago attorneys of Zneimer & Zneimer, P.C. of the dangers of teen driving.

In one of the accidents, which occurred on March 12, 2012 in a small Illinois community in Will County, 4 teens ages 14 to 17 drowned after their vehicle plunged off a bridge. It is uncertain as to whether road conditions or speed played a role in this accident
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On the same day, another accident occurred in Ohio, which took the lives of 6 teens, ages 14 to 19, when the SUV, being operated by one of the victims crashed into a guardrail and flipped over into an adjacent pond. It was later discovered that the SUV, which was only equipped for 5 passengers, was carrying 8 passengers, none of whom were wearing safety belts. Investigators also reported that the driver was traveling faster than the posted speed limit.

The Illinois and Ohio accidents came following another accident, which took the lives of 5 teenagers, only a few days prior in a fiery accident in Texas. The accident occurred after the 16 year old driver, who was carrying 4 passengers, ages 15-17, ran a stop sign, which resulted in collision with a fuel tanker. All 5 occupants in the teen’s vehicle died at the scene; the truck driver was rushed to the hospital in critical condition, with reports of burns over 90% of his body.
In yet another accident, occurring in Nevada on March 20, 2013, an SUV being operated by an 18 year old, collided with the rear end of a passenger van carrying 7 family members. Heartbreakingly, 5 of the van’s occupants, including a 13 year old died as a result of the crash. The 18 year old driver of the SUV was later arrested on suspicion of driving while under the influence.

Unfortunately, tragic accidents involving teen drivers have become a commonplace in Illinois and throughout the nation as well. Although many states, Illinois included, have driving restrictions for teen drivers, accidents involving teens continue to occur at alarming rates. The Chicago accident attorneys of Zneimer & Zneimer, P.C. are concerned for the safety of our roadways, which are shared with teen drivers, many of whom fail to abide by traffic laws and/or licensing requirements. See our post on Illinois Graduated Licensing Program for more information.

Illinois Graduated Licensing Program
Illinois currently adheres to a graduated driver licensing programing, consisting of 3 phases. During the first phase, the learner stage, 15 year olds may obtain a permit with parental consent. This permit must be held for a minimum of 9 months, during which time the teen must complete a minimum of 50 hours of driving time that is supervised by an individual 21 years or older having a valid driver’s license. In addition, 10 of these hours must be during the night time, but not during restricted driving hours (Sun-Thur 10 p.m. – 6a.m. & Fri-Sat 11 p.m. – 6 a.m.).
During the Second phase, also called the Intermediate Stage or Initial Licensing Phase, teen drivers between the ages of 16 and 17, drivers who have successfully completed the learner’s phase requirements, as well as a state-approved driver’s education course, may obtain a driver’s license with parental consent. During the first 12 months of this phase, and with exceptions provided for sibling passengers, drivers are restricted to one passenger under 20 years of age, and are prohibited from driving during restricted hours. Additionally, drivers must maintain a conviction-free driving record during the six months prior to turning 18 in order to proceed to the full licensing phase.

The final phase, also called the full licensing or full privilege stage, is available to drivers aged 18 years and older. Restrictions during this phase will only apply if violations occurred in previous stages. For example, if a moving violation occurred during the first 12 months of the Initial Licensing phase, the passenger restriction will be extended for an additional six months.

The Chicago injury and accident attorneys of Zneimer & Zneimer, P.C. recognize the risks associated with teen driving, for both teen drivers and their passengers, as well as for other motorists who share the roadways. As reported by the Associated Press, “teen deaths from car crashes are on the decline in the United States, dropping from 8,748 in 1975 to 3,115 in 2010, according to the insurance institute, but the risk of being in an accident is three times higher for teens than older drivers.”

If you or a loved one was involved in an accident involving a teen driver, or your teen was injured as a result of another motorist, a licensed Illinois attorney can discuss your legal rights to determine the appropriate course of action. For a FREE CONSULATION with a Chicago accident attorney, or wrongful death lawyer, contact Zneimer & Zneimer, P.C. today at (773) 516-4100, or online at www.zneimerlaw.com.

Illinois Bike Transportation Plan to be Completed by December 2013 says IDOT

Sun, 05 May 2013 00:07:03 -0600

The bicycle accident and injury attorneys of Zneimer & Zneimer, P.C. know that with the inclement winter weather behind us, Chicago bicycle enthusiasts have begun to emerge once again. Unfortunately, the busy roadways of Chicago, and surrounding Illinois suburbs, often present dangerous circumstances for bicyclists sharing such roadways with cars, trucks, and buses. With motor vehicle accidents involving bicyclists on the rise in recent years, our bicycle accident attorneys were pleased to see our state address safety issues through The Illinois Department of Transportation’s (IDOT) launch of a Bike Transportation Plan Initiative.
Recommendations for the final plan, which is due for to be completed by December 2013 include:
• Bicycling related planning and policy recommendations,
• Bikeway safety, design and maintenance recommendations,
• Regional-scale bikeway network recommendations,
• Bikeway network implementation and prioritization recommendations,
• State bicycling performance measures,
• Education, outreach and enforcement recommendations, and
• Funding recommendations

According to the DOT, and Alta Planning + Design, which is under contract to complete the bike plan, “The Illinois Bike Transportation Plan will follow the Long Range Plan’s theme of Transforming Transportation for Tomorrow and will provide the Department with policies, best practices and strategic direction for implementing a sustainable, multimodal vision for Illinois.” More information on the Bike Transportation Plan can be accessed by visiting:

http://www.altaprojects.net/illinois-bike-transportation-plan/

The Bike Transportation plan is only a part of Illinois’ Long Range Transportation Plan, which also include development plans affecting highways, freight mobility, and railways. To view more information on Illinois’ Long Range Plan, please visit:

http://www.illinoistransportationplan.org/

IDOT’s vision, as stated in Transforming Transportation for Tomorrow, provides that the “IDOT must prepare and plan for one transportation system for the next 40 years by integrating multi-modal planning and programming to support our economy and our way of life.” 2012.pdf

The injury and accident lawyers of Zneimer & Zneimer, P.C. are hopeful that Illinois’ Long Range Plan will make the roadways safer for all Chicago residents, whether bicyclist, pedestrian, or motorist. However, our team of attorneys recognize, through years of experience, that accidents will continue to occur even in the presence of policy reform. In the unfortunate event of an accident, it is important that you know your legal rights. Contact us today at (773) 516-4100 for a free consultation.

Child Passenger Injuries On The Rise

Sun, 05 May 2013 00:01:11 -0600

There has been a growing awareness of public safety concerns in Chicago, and other surrounding Illinois cities concerning child safety seats and the laws and regulations associated with their use. Although safe driving campaigns and heightened enforcement of child passenger regulations have led to increased use of child restraint seats, surprisingly, so have the occurrence of child car seat related injuries. This can be attributed to factors such as car seats that may be improperly used, or are unsuitable for a child’s particular age or weight, as well as in cases of defective or faulty child restraint devices. The Chicago injury attorneys of Zneimer & Zneimer, P.C. urge all parents to not only restrain their child passengers, but also ensure that such children are restrained properly.

As stated in the Illinois Child Passenger Protection Act:
Motor vehicle crashes are the leading cause of death for children of every age from 4 to 14. The General Assembly further finds that the safety of the motoring public is seriously threatened as indicated by the significant number of traffic accidents annually caused, directly or indirectly, by driver distraction or other impairment of driving ability induced by the movement or actions of the unrestrained passengers under the age of 8 years.

The laws in Illinois regarding child passengers can be confusing. For example, parents often inappropriately interpret the 8 years or 40 pound standard of the Illinois Child Protection Act. The 40 pound requirement applies to booster seat usage in circumstances involving transport of a child that is under the age of 8, but that weighs over 40 pounds. The confusion of this requirement lies in its dependency on the type of seat belts available in a particular motor vehicle. If your vehicle is equipped with BOTH a lap belt and shoulder belt, then a booster seat MUST be used to secure a child under the age of 8 years. However, if there are NO available positions in the vehicle which have a combination lap and shoulder belt, then the child may be transported without a booster seat, but only in rear seat position with proper use of the vehicle lap belt.

The personal injury attorneys of Zneimer & Zneimer recognize that the current law in Illinois concerning child restraint systems may not offer the most effective means of protection for children over 40 pounds who travel in vehicles with combination lap and shoulder belts located only in door seat positions. This is because, it has long been known that the safest location for a child passenger during a motor vehicle accident is in the center seat position. The center seat position affords protection particularly from rear, frontal and side-impact collisions, given its distance from the point of impact. Despite the known safety benefits of placing a child in a center seat position, current Illinois law maintains the requirement that a child passenger over the age of 40 pounds who is traveling in a vehicle equipped with ANY combination lap and shoulder belts MUST use the combination belt position, even if it is located in a door position.
For more information on child restraint systems, see our post:
Child Restraint Systems: The Right Seat, The Right Size, The Right Use

If your child was injured or killed in a motor vehicle accident while traveling on a Chicago roadway, it is important that you discuss your legal rights with a licensed Illinois injury or wrongful death attorney. The team of dedicated and experienced Chicago lawyers at Zneimer & Zneimer, P.C. will work aggressively to ensure that you receive the compensation that you and your family deserve. Contact us today at (773) 516-4100 for a FREE comprehensive evaluation, or online at www.zneimerlaw.com.

Bicycle Helmets Reduce Traumatic Brain Injuries

Tue, 30 Apr 2013 22:32:16 -0600

The National Highway Traffic Safety Administration reports a 9% increase in bicyclist fatalities between 2010 and 2011. The bicycle accident injury attorneys of Zneimer & Zneimer, P.C. take note of this alarming increase in bicycle fatalities in recent years. However, statistics show that bicycle accident fatalities currently account for only approximately 2% of all fatalities sustained during motor vehicle traffic fatalities. It is actually far more common for a bicyclist to sustain a severe head injury, rather than death, during an accident with a motorist. Our team of experienced injury attorneys represent residents of Chicago and surrounding cities, who sustained severe injuries, as a result of an accident occurring between a motorist and bicyclist.

Because bicyclists lack the protection that vehicles provide, injuries sustained in bicycling accidents are often much more severe than the injuries that may be sustained by a motorist during the same accident. According to the Insurance Institute for Highway Safety, “The most serious injuries among a majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet.” As reported by numerous studies, use of a bicycle helmet can reduce the risk of a head injury by 85%. Our bicycle injury attorneys wish that all bicyclists would reduce their risk of injury through use of bicycle helmets, however this is not always the case, partly due to lack of state regulation requiring helmet use.

Although Illinois does not currently have a statewide regulation requiring the use of helmets while riding a bicycle, some cities within Illinois have enacted ordinances, such as Cicero, Inverness, and Skokie, which require that bicyclists under the age of 16 to use helmets. Barrington bicyclists under the age of 17 must also utilize helmets. Also, bicycle messengers in Chicago, regardless of age, are required to wear helmets while performing their messenger duties. Our team of experienced bicycle accident attorneys understand, that in the absence of regulation requiring helmet use, severe injuries resulting from bicycle accidents, often time involving traumatic brain injury, will continue to increase.

Severe injuries, such as those involving trauma to the head and brain are extremely serious, because they may not be immediately apparent following an accident. A common misconception is that an injury to the head occurs only from injury where the head strikes an object. However, head injury can also occur from changes in speed, where the head is suddenly stopped while traveling at a high speed. Often times such injuries are overlooked in an emergency room or doctor visit, either because the injury is not immediately obvious, or because the medical equipment used to diagnose such injuries, such as MRI or CT scans are costly or unavailable. In other scenarios, a bicyclist that was involved in an accident may feel that use of a helmet has fully protected the head and brain. Unfortunately, although helmets greatly reduce the risk of head trauma, they do not prevent all head injuries. Our bicycle accident injury attorneys feel that whenever a bicyclist is injured due to an accident with a motorist, that immediate medical attention should be sought to rule out the possibility of head trauma.
For more information on severe head trauma, please see our posts on:
Types of Traumatic Brain Injury
Symptoms of Traumatic Brain Injury

If you or a loved one were the victim of a Chicago bicycle accident, it is important to discuss your legal rights with a licensed Illinois attorney as soon as is practical following the accident. Our team of bicycle accident injury and wrongful death attorneys will discuss your case during a free consultation. Contact us today at (773) 516-4100, or online at www.zneimerlaw.com.

Chicago Pedestrian Struck By Hit-And-Run Driver

Mon, 29 Apr 2013 22:38:40 -0600

A 50 year old Chicago man from the Northwest Side side neighborhood of Lawndale was struck by a hit-and-run driver while crossing Pulaski Ave Sunday morning the Chicago Sun-times reports. Witnesses say the man was hit by a gold or orange Pontiac traveling approximately 50 mph. The vehicle failed to stop. The man was thrown 30 feet as a result of being hit. The man was taken to Mount Sinai Hospital and is in critical condition.

Hit-and-run accidents are a common occurrence in the city of Chicago. A study commissioned by the Chicago of Transportation has found that Chicago averages two hit-and-run crashes that cause injury or death everyday. Hit-and-run vehicle-pedestrian crashes account for 33% of all vehicle-pedestrian crashes according to this study. The Chicago personal injury law firm of Zneimer & Zneimer know the damage these hit-and-run drivers do. Many injured pedestrians do not have any insurance coverage so they are not only hurt by the hit-and-run driver but they are also stuck with the medical bills and the consequences of not being able to work while they recover. Hit-and-run drivers are a major problem in Chicago with 5,534 incidents of hit-and-runs over a five year period resulting in 3,683 injuries or deaths according to the study.

Nursing Home Problems In Chicago And Suburbs

Sun, 28 Apr 2013 18:18:30 -0600

The attorneys of Zneimer & Zneimer, P.C. recognize that a lot has changed since the 1961 establishment of the Senate Special Committee on Aging, and the subsequent initiation of Medicare in 1965. Continuing acknowledgement of the rising population of individuals over the age of 65, subsequently led to policy reform under the Reagan administration with the 1987 enactment of the Nursing Home Reform Act (NHRA). Although there has been some policy reform affecting standards of nursing home care since the NHRA, many argue that only minimal improvement has occurred. Our nursing home liability attorneys understand that significant policy reform addressing matters concerning our nation’s elders should occur more than every couple of decades.

As reported by the Illinois Times, “A Chicago Tribune investigative series stretching from 2009 to 2011 uncovered several problems in nursing homes in Chicago and surrounding suburbs. Problems included rapes, beating deaths, unnecessary dispensing of drugs, corruption, theft, and a state practice of housing mentally-ill patients in nursing homes instead of mental hospitals.” In response to this investigation, Illinois Governor placed into action a Nursing Home Safety Task Force, aimed at addressing continuing problems of abuse and neglect affecting Illinois nursing homes. This Task Force provided recommendations which assisted in reform of the outdated Nursing Home Reform Act, which until such recent amendments, arguably reflected only minimal improvement since its 1979 enactment. Our team of nursing home injury attorneys feel that modifications in Illinois regulations concerning nursing homes was certainly well overdue.

With such a profound increase in our nation’s elderly population, our nursing home attorneys are concerned over the manner in which these individuals are being cared for. According to a 2010 study, Illinois ranks the fifth highest in our nation’s population of elderly residing in nursing home facilities. Based upon the same survey data, provided by Centers for Medicare and Medicaid Services, U.S. Department of Health and Human Services, it was determined that in 2010, 95.4% of nursing home facilities presented evidence of deficiencies, is a term “given to nursing facilities for problems which can result in a negative impact on the health and safety of residents. The Centers for Medicare and Medicaid Services define "actual harm" as a "deficiency that results in a negative outcome that has negatively affected the resident's ability to achieve the individual's highest functional status. “Immediate jeopardy" is defined as a deficiency that "has caused (or is likely to cause) serious injury, harm, impairment, or death to a resident receiving care in the nursing home." For more information providing nursing home data for Illinois, and other states, please visit http://www.statehealthfacts.org/compare.jsp.

The attorneys of Zneimer & Zneimer, P.C. have represented elderly victims, and the family members who have been victims of nursing home abuse. Our nursing home abuse attorneys believe that nursing homes, as well as all other persons found to be at fault, should be held liable for all acts, whether intentional or unintentional, which result in injury or death of our beloved elders. If you or a loved one were injured as a result of an accident, neglect, or abuse occurring in a nursing home, contact the Chicago Injury Law Office of Zneimer & Zneimer, P.C. at (773) 516-4100 for a free consultation with an experienced and dedicated nursing home injury lawyer.

Car Accident Sends Three People to Area Hospitals

Mon, 11 Feb 2013 12:00:01 -0600

The Chicago car accident lawyers of Zneimer & Zneimer became aware that three people were injured early Saturday in an accident that involved a car and two taxicabs at a busy intersection in the Lincoln Park neighborhood.

The accident occurred two hours after midnight when a Ford Crown Victoria taxicab, which was going southbound on Halsted Avenue, intending to make a left turn onto Fullerton Avenue. As it was making the left turn, a Subaru that as westbound on Fullerton Avenue hit the taxicab, veering it off and striking a Toyota Camry taxicab, which was behind the Ford and was waiting to make a left rurn as well. .

The Ford taxicab had two passengers, a 23-year-old man and a 24-year-old woman, who were taken to Northwestern Memorial Hospital in Chicago with non-life threatening injuries. The Subaru driver, a 22-year-old man, was taken to Advocate Illinois Masonic Medical in a sable condition. The driver of the Ford taxicab was cited for failure to yield while making a left turn.

The Illinois Vehicle Code, 625 ILCS 5/11-902 provides:

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard, but said driver, having so yielded may proceed at such time as a safe interval occurs.

Although the driver of the Ford taxicab was cited for a violation, sorting out who is responsible for the injuries and damages, will likely take some time. Although the passengers can make a claim against the driver of their vehicle as well as the drivers of the other vehicles, the insurance companies will need to determine not only who is responsible for the crash, but also what are the damages of each injured party. Having an experienced personal injury attorney is very important in order to gather the facts, establish liability, and present the damages.

The Chicago car injury lawyers of Zneimer & Zneimer deal with insurance companies on a daily basis and know the steps to make a successful claim in automobile accident cases. If you have been injured in a car accident, contact the Chicago car crash attorneys for a free consultation.

48 Chicago Pedestrians Killed in 2012

Sat, 09 Feb 2013 21:58:49 -0600

Chicago pedestrian accident attorneys of Zneimer & Zneimer p.c. read in the Sun-Times that pedestrian deaths due to pedestrian accidents with cars have risen from 2012 to 48. There were 35 pedestrian deaths in 2011, 30 in 2010 and 31 in 2009.

A city of Chicago study found that 80 percent of vehicle-pedestrian accidents occur at intersections and mostly involve pedestrians walking in the cross walk. The study also shows the number one cause of pedestrians being hit by cars is drivers failing to yield the right-of-way to pedestrians. Drivers in Illinois are required by law to come to a complete stop when a pedestrian is in a crosswalk. (625 ILCS 5/11-1002)

Distracted drivers has been suggested as a possible culprit in the up-tick in pedestrian deaths. Both drivers and pedestrians are texting, on the cell phone or listening to music on their phone or I-Pod and are not paying attention to road hazards. Chicago injury lawyers, Zneimer & Zneimer, P.C.have handled cases where the defendant who caused the injury to the plaintiff was on a cell phone or was yelling at children in the car and was distracted when the accident occurred.

The Illinois Department of Transportation's website reminds motorists that:

A driver must come to a complete stop

-When a pedestrian is in a marked crosswalk

-On school days, when children are in close proximity to a school zone crosswalk.

A driver must yield to a pedestrian:

-When a pedestrian is in an unmarked crosswalk on the driver's side of the roadway and there are no traffic control signals.

-When making a turn at any intersection.

-When making a lawful turn on a red light after coming to a complete stop.

-After coming to a complete stop at a stop sign or flashing red signal at an intersection.

-When a pedestrian enters the crosswalk before the traffic light changed.

-When a pedestrian is walking with a green light, to a walking person symbol or a walk signal.

-When a pedestrian is leaving or entering a street or highway from an alley, building, private road or driveway.

The Chicago injury lawyers of Zneimer & Zneimer have litigated many cases for pedestrians who were hit by drivers who failed to yield the right-of- way. Chicago seems especially bad for pedestrians because drivers do not stop nor yield the right-of-way to pedestrians as the law in Illinois requires.

The City of Chicago is Liable to the Estate of a Domestic Violence Victim

Tue, 05 Feb 2013 17:15:52 -0600

Our Chicago personal injury lawyers report that the City of Chicago is liable for the wrongful death of a victim of domestic violence for failure to arrest the assailant despite several 911 calls, the Illinois Appellate Court decided on January 17, 2013.

Henry Fenton was murdered by his girlfriend’s son, Rovale Brim, following a violent argument between Fenton, his girlfriend, and her son. The facts recited by the appellate court reveal that on March 4, 2002, Fenton called 911 at 1:37 am, alerting the emergency operator that his girlfriend’s son was arguing in loud and boisterous fashion and was violent. The operator dispatched police officers who were confronted with an “angry, drunken, and boisterous Rovale” who was yelling at his mother, and was making violent movements with a bottle in his hands. The officers separated the individuals, and escorted Rovale to his basement bedroom where he lived. They did not arrest Rovale at this time.

Fenton dialed the emergency 911 line for a second time at 2:30 am, and when the officers arrived at the home, they saw a similar situation as was developing earlier. At that time Rovale’s mother asked that he be removed from the residence. The officers allowed drunken Rovale to leave the residence, and wait outside in a zero degree temperature, for a girlfriend to pick him up. The officers left, while Rovale was waiting outside about a block from the home of his mother and Fenton.

Six minutes after the policemen left, Fenton called for a third time, telling the 911 operator that Rovale was trying to break into the house. When the officers arrived for a third time that night, they found Fenton dead. He was stabbed, beaten and suffered a head trauma.

The Estate of Henry Fenton filed a lawsuit against the City of Chicago, based on the Illinois Domestic Violence Act of 1986, maintaining that Henry Fenton was an “abused person” under the act and that the police officers, summoned to the residence twice before Fenton’s death, acted in willful and wanton manner when they failed to arrest Rovale Brim. A Cook County Jury awarded $2 million to the estate ,finding that the police officers acted in willful and wanton manner.

The City of Chicago appealed, arguing that Fenton was not an “abused person" as defined in the Act because Rovale had been arguing mainly with his mother, and not with Fenton. If Fenton was not an “abused person,” the City argued, the officers were completely immune from liability for their actions or inactions. The City also claimed that because Fenton died as a result of an intentional criminal act, even if he was considered an "abused person," the officers’ actions or inactions were not the proximate cause of Fenton’s death and the City should not be held liable.

The Appellate Court found the City of Chicago's arguments without merit and affirmed the verdict of the jury. The Court noted that the Illinois Domestic Violence Act was passed by the legislators in response to a societally significant increase in injuries and deaths that stemmed from domestic disputes. 750 ILCS 60/102 (West 2002). Section 304(a) of the Act states, in pertinent part, that "Whenever a law enforcement officer has reason to believe that a person has been abused, neglected, or exploited by a family or household member, the officer shall immediately use all reasonable means to prevent further abuse, neglect, or exploitation, including: 1) Arresting the abusing, neglecting and exploiting party, where appropriate[.]" 750 ILCS 60/304(a) (West 2002).

The Act defines abuse as “physical abuse, harassment, intimidation of a dependent, interference with personal liberty or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis." 750 ILCS 60/103(1) (West 2002).

The Appellate Court recited the facts surrounding Fenton’s death, and determined that the City’s arguments are baseless. The Court observed that Fenton himself called 911 on three occasions and that the facts sufficiently showed that Rovale was violent towards both, his mother, and Fenton, and that Fenton was an "abuse victim". Further, the Court noted that the officers were advised of domestic disturbance, and this “combined with Rovale's use of alcohol and his violent, jerky movements, should have alerted the officers that the situation had surpassed mere argument”

If you have been a victim of injury and need help, contact the Chicago personal injury law office of Zneimer & Zneimer p.c. online or via telephone (773) 516-4100. Our consultation is free.

Illinois Agency That Investigates Doctors Cuts Staff

Mon, 04 Feb 2013 20:58:00 -0600

The Chicago personal injury attorneys from Zneimer & Zneimer p.c. saw in the Chicago Tribune that the Illinois Department of Financial and Professional Regulation, the agency that investigates complaints about doctors announced that it will be eliminating 18 of 26 positions in the medical unit. The cutbacks will drastically hinder the ability of the agency to investigate complaints regarding doctor misconduct.

The remaining eight positions will most likely consist of three lawyers, two or three investigators and one licensing position.

Dr. Sidney Wolfe, director of Public Citizen's Research Group voiced his concern, stating: "They are greatly reducing their ability to investigate and properly police doctors." He further stated: "This is a major threat to the health and safety of the people of Illinois."

The cutbacks come at a time when the agency was required to create a new full time position for an employee to create and maintain a website that will have profiles and background information on doctors in the state.

The Illinois Department of Financial and Professional Regulation is also charged with issuing physicians' licenses. The process usually takes six to eight weeks but with the cutbacks it is likely to take much longer. This will greatly affect Illinois hospitals the count on recent medical graduates to fill up residency positions. If there is a big delay in the time these doctors can obtain their licenses, many hospitals might become short on doctors.

Dr. Joshua Goldstein, associate dean for the graduate medical education at Northwestern University's Feinberg School of medicine voiced his concern: "The inability to secure medical licenses for our residents and fellows in a timely fashion from the IDFRP will have a significant negative impact on our training programs and on patient care at the hospitals in which our residents and fellows train." He continued;"This is true not only for Northwestern and its affiliates but for every hospital in the state of Illinois that trains residents and fellows."

Renewing a license could have delays up to 18 months which means some doctor's licenses will certainly expire before they are renewed. This presents a big problem for doctors since it is illegal to treat patients without a valid license.

IDFRP spokeswoman Sue Hofer stated the staffing cuts "will slow down our ability to investigate complaints against doctors who have done something problematic and slow down our ability to prosecute cases."

Given the lack of oversight of doctors in Illinois, the only means to holding a doctor accountable for negligent medical care or other transgressions will be to seek out a medical malpractice attorney.

If you or a loved one was injured as a result of negligent medical care provided by a doctor or hospital call the Chicago lawyers at Zneimer & Zneimer P.C for a free consultation.

Agency that polices doctors to slash staff, By Deborah L. Shelton and Julie Deardorff, Chicago Tribune

Medical Condition A Contributing Factor In Chicagoland Bus Crash

Mon, 04 Feb 2013 09:42:45 -0600

Chicago bus accident attorneys read in the Chicago Tribune that a school bus driver lost control of the bus she was driving in Niles, Illinois and crashed. The bus driver was 77 years old. The driver, Elaine C. Delaney, was suffering from a unnamed medical condition at the time she lost control of the bus along Oakton Street on the border of Niles and Park Ridge with the bus veering into oncoming traffic. There were no children on the bus at the time but would have had 40 to 50 children on board 30 minutes later when it reached East Maine District 63 school.

Due to the unnamed medical condition of the bus driver, Delaney, the bus became a runaway down Oakton street, striking seven vehicles along the way along a path of destruction 1.3 miles before it crashed head -on with a taxi and came to a stop. There were numerous injuries caused by the crashes but none of the injuries were life threatening.

If you or a loved one has been injured in an bus accident, call the lawyers of Zneimer and Zneimer P.C. for a free consultation.