The Law Offices of James M. Freeman, P.C.

People often think that if the driver flees after an accident there is no possibility of recovery. That may be true, but often it is not. I have personally handled cases in which we were able to locate a hit-and-run driver through thorough investigation. In each instance the initial assumption by the police was that the driver was uninsured, and therefore, fled the scene. In each instance this turned out to be untrue, and the driver did have valid insurance. These experiences led me to believe that drivers don't flee after they hit a cyclist because they don't have insurance, so much as they flee because they think they can get away with it.

I have also handled cases in which we were unable to locate the driver, however, I was able to find uninsured motorist coverage to cover the accident. This usually occurs when the victim cyclist owns a car or someone in their household or family owns a car and has uninsured motorist coverage. Uninsured motorist coverage can be activated by a hit-and-run accident and cover the loss even though you weren't driving the car at the time of the accident. In such an instance the insurance company who issued the uninsured motorist coverage steps in and assumes the position of the defendant hit-and-run driver.

Never assume that no recovery can be made just because the driver fled the scene. The best way to know if there is any possibility of recovery is to consult with an attorney. An attorney skilled in investigating hit-and-run accidents or locating insurance coverage may be able to help in the bleakest of situations.

It's the time of year when snow removal is an issue for everyone. It is important to remove snow from sidewalks. Clear sidewalks benefit everyone, and many people such as the elderly or those with disabilities can find it difficult if not impossible to negotiate a snow-filled sidewalk.

I'm a big advocate of having everyone do their share of shoveling. No one wants to hear someone complain about the condition of their walk when the complainer clearly hasn't made an effort to shovel. I know a guy who shovels his whole block, then goes around his neighborhood looking for walks to shovel. His rationale is that everyone has a responsibility to do their fair share- and he is right.

Chicago Muni Code section 10-8-180 requires:
Every owner, lessee, tenant, occupant or other person having charge of any building or lot of ground in the city abutting upon any public way or public place shall remove the snow and ice from the sidewalk in front of such building or lot of ground.

If the sidewalk is of greater width than five feet, it shall not be necessary for such person to remove snow and ice from the same for a space wider than five feet.

In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the person having charge of any building or lot of ground as aforesaid shall, within the time specified, cause the sidewalk abutting on the said premises to be strewn with ashes, sand, sawdust, or some similar suitable material, and shall, as soon thereafter as the weather shall permit, thoroughly clean said sidewalk.

The snow which falls or accumulates during the day (excepting Sundays) before four p.m. shall be removed within three hours after the same has fallen or accumulated. The snow which falls or accumulates on Sunday or after four p.m. and during the night on other days shall be removed before ten a.m.

So to review:

• Persons having charge of a building (lessees included) must remove snow and ice.
• Remove snow within 3 hours if snow falls before 4:00pm except Sundays, otherwise it must be done by 10:00am the following day.
• Ice and snow so frozen it cannot be removed must be strewn with ashes, sawdust, sand or other suitable material.

If you are in an accident and fault for the accident lies with the driver, you may want to bring a claim against the driver’s insurance for any injuries you sustain or damage to your property. If you have an injury I would always suggest consulting a lawyer. In such an instance lawyers can provide valuable services that will make things easier and insure a better result. In the event that you are injured, regardless of fault, you should not speak to the driver’s insurance until you have consulted with a lawyer. If you do speak to the insurance be sure you do not give any recorded statements.

In the event that you do not seek medical attention, and you are sure you have no injuries, it is fine to make your own property damage claim with the driver’s insurance. You should understand that in order to issue you payment for the damage, the insurance company will need documents to substantiate your claim for property damage.

Call the driver’s insurance company to get their claim number and find out to whom you should send the materials relevant to your property damage claim. Keep the claim number handy. You should reference that claim number every time you call the insurance. Be sure to ask if they would like to inspect the damaged bicycle. Sometimes adjusters will want to see and photograph the bicycle for themselves. That is a reasonable request with which you should comply.

Take lots of pictures of the bicycle. Take some close up shots of the damage and some shots of the whole bicycle. Sometimes damage won’t be obvious, so err on the side of taking more, rather than fewer pictures.

Next, you should have one or two damage estimates performed at bike shops. Bike shops do this type of thing in the regular course of their business, and there is typically no charge. If they conclude that the bicycle is totaled (meaning the cost to repair the bicycle would outweigh the value) be sure that they give you a replacement estimate. A replacement estimate estimates the cost to replace a bicycle with a modern equivalent. If the bicycle is repairable they will estimate the cost of the necessary parts and labor. Sometimes the shop will point out damage that you didn’t notice initially. Take more photos if you need to better document additional damage.

Before you have repairs performed you should make the bicycle available for inspection and complete all possible photographs. If the bicycle is beyond repair it should be preserved as evidence until the claim is resolved. If you elect not to fix the bicycle, do not remove any parts or make any alterations to the bicycle until the claim is resolved. If you do fix the bicycle, your claim for property damage will be equal to the amount of money you spent to have your bike returned to the functional state it was prior to the accident.

Ideally you still have the original purchase receipt for the bike. If not, don’t worry - most people don’t have it. The original purchase receipt makes haggling over the value of the bicycle harder, assuming you purchased the bicycle new. If it was purchased used there will often not be an original sales receipt.

Some insurance companies have expedited claims processes, but those are in the overwhelming minority, so you generally should not depend on getting a check quickly from the insurance company. You will have to make a decision whether to have the bike fixed or whether to wait for a check.

Once you have all the relevant documents collected you should send them to the adjuster. They should contact you to let you know whether or not they will pay your claim, however, some insurance companies are better than others, so it may be necessary to follow up with them yourself. If they flat refuse to give you an answer you may contact the state department of insurance to determine if there are grounds to file a complaint.

White headlight and red rear reflector. That's the law.

When you pay dues for a Chicagoland Bicycle Federation membership they give you the choice of a map or a tail light. I have it on good information that CBF is going to switch from tail lights to head lights specifically to make their members more aware of and compliant with the law with respect to headlights.

I never understand why people ride without lights. Having been a driver I can tell you that there is nothing more invisible than a cyclists with no lights or reflectors. You wouldn't drive a car with no headlights; why would you think you could do the same on a bike?

Need a rear reflector? Just let me know and I'll hook you up with some red reflective tape.