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Blog Posts for November, 2010The blog on this website includes articles and editorials by James Freeman on subjects relevant to his legal practice. These writings are not legal advice and should not be taken as such. If you need to speak with an attorney, please contact us. All content is copyright by The Law Offices of James M. Freeman. Readers are encouraged to share the content; which is allowable only with a link back to the relevant page on this website. Please contact us if you have any questions about how these issues relate to your particular situation. UM/UIM Auto CoverageIn my opinion uninsured and underinsured motorist coverage (UM/UIM) is one of the most important coverages afforded to drivers, bicyclists and pedestrians alike. UM/UIM coverage applies when someone with such coverage is involved in an accident with an automobile. UM/UIM coverage is generally not dependent on you driving an automobile, rather simply the fact that you are involved in a collision with someone else who is operating an automobile. UM/UIM coverage will step in to cover you if you are involved in an accident where the negligent driver didn't have insurance or if they had insufficient insurance coverage. It will also typically cover you if you are involved in a hit and run collision and the negligent driver flees the scene. As of the date of this blog, the mandatory minimum automobile liability limits are $20,000 per accident. That means to legally operate a car in the state of Illinois the driver must carry an auto liability policy that provides a minimum of $20,000 of coverage per occurrence. One night in the hospital can eat up $20,000, and more. That's why it's so important that you carefully consider your UM/UIM coverage when assessing your insurance needs. The good news is that UM/UIM coverage is pretty cheap. The standard UM/UIM policy is typically written for $100,000 or $250,000, but UM/UIM policies are often written for less coverage. The cost difference between a premium on a 100K policy and a 250K policy is small (typically less than $20 per year), but the coverage is very important. That's why I always suggest one should carry the maximum amount possible on their UM/UIM coverage. Be sure to talk to your insurance agent about your UM/UIM coverage limits so that you understand how much coverage you would have if you are involved in a collision with an automobile. I have posted previous blogs about the importance of UM/UIM coverage for bicyclists, and suggested that car free cyclists or pedestrians purchase "operators" or "non-owners" auto policies just for the UM/UIM coverage. Please read my previous posts on that topic if you don't understand why such coverage is important, or feel free to give me a call and I'll explain it personally.
Headlight GiveawayIn early November The Law Offices of James M. Freeman, P.C. offered to match donations to fund a headlight giveaway in conjunction with the Active Transportation Alliance and Groupon. The response was overwhelming. We raised over $5,000, more than any of us expected. Last Wednesday evening Active Transportation Alliance employees and volunteers as well as the staff of The Law Offices of James M. Freeman, P.C. gave away about 200 headlights and red reflectors at the intersection of Milwaukee, North and Damen. We expect to have two more headlight giveaways in the coming weeks. See Sun Times coverage here. Charges Dropped in Colorado Hit and RunA Colorado district attorney has dropped felony hit-and-run charges against Martin Joel Erzinger, a wealthy financial manager for Smith Barney. Erzinger is alleged to have struck a cyclist, Dr. Steven Milo, from behind. According to court documents Erzinger fled the scene, did not call police, drove through town, then stopped in a pizza hut parking lot to report damage to his Mercedes. Apparently one of the reasons the charges were dropped was becuase Mr. Erzinger would have been required to publicly disclose the felony charge. The DA is quoted as stating that, “Felony convictions have some pretty serious job implications for someone in Mr. Erzinger's profession..." See the story here: Milo was bicycling eastbound on Highway 6 just east of Miller Ranch Road, when Erzinger allegedly hit him with the black 2010 Mercedes Benz sedan he was driving. Erzinger fled the scene and was arrested later, police say. Channel 7 Reports on Bicycling in Chicago.ABC Channel 7 recently ran a segment on bicycling in Chicago. While the media never seems to get everything right, this clip does illustrate rather well why it is so important that cyclists obey traffic laws, and it highlights the lack of traffic enforcement as to cyclists. I've often argued that lawlessness among Chicago cyclists is the direct result of lax enforcement. There is almost literally no traffic enforcement with respect to cyclists in Chicago. Traffic enforcement just doesn't seem to be a priority to Chicago in general- cyclists and motorists alike.
State Senator's Brother Injured in Hit and Run.Chicago Breaking News is reporting that a man was seriously injured while crossing Archer Avenue near 40th Street. The driver fled the scene. A younger brother of State Sen. Antonio Munoz, D-Chicago, was struck and knocked into the air by a speeding car Tuesday morning as he walked to a Southwest Side polling place. Martin Munoz, 40, suffered lacerations and trauma to his head as well as a broken right leg that required surgery. He was expected to fully recover, the senator said. "He's out of surgery and doing very well," Antonio Munoz said in a statement. "I want to thank everyone for calling and texting and sending along their thoughts and prayers." "Everything that's been told (to) me seems like a tragic accident," Munoz said at Mount Sinai Hospital, where his brother was being treated. The motorist fled the scene, speeding through the intersection of Archer Avenue and 40th Street, witness said. A suspect was later taken into custody and was being questioned by police. The crash happened just before 6 a.m. outside Balzekas Motor Sales, 4030 S. Archer Ave., where a polling location was being set up, said Robert Balzekas, an employee of the Brighton Park neighborhood dealership. Balzekas said Munoz was crossing Archer when a southbound 1994 or 1995 Nissan struck him while traveling at an estimated 30 to 40 mph. "I heard screeching, then I saw the victim hit by the car do two somersaults ... He went up 15 to 20 feet," said Balzekas. He said he and others took blankets to Munoz and stayed with him until emergency crews responded. The senator said his brother, a father of three, was a field operator for his re-election campaign and was on his way to the polling place. At the hospital, Munoz's family, including his brother, wife and mother, kept vigil, thankful that the injuries hadn't been more severe. His injuries required surgery to put screws and a rod in his leg, his family said. "When you first hear about it, not knowing the extent of the damage, (what) the injuries are," the senator said. "Then when you see him, swollen from his head, but thank God again there's no internal injuries." An off-duty Cook County sheriff's deputy who was in a vehicle while working security outside the polling place sped off after the hit-and-run vehicle and was able to spot the license plate number before losing the car.
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