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.