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Blog Posts for 2010

The 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.

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Please contact us if you have any questions about how these issues relate to your particular situation.

Illinois Anti-Bicycle Harassment Law.

Governor Quinn has officially signed Illinois first specific Anti-Bicycle Harassment statute into law.  Effective January 1, 2011, the law increases penalties for attempting to harm or threaten bicyclists. Under the law, drivers who intimidate cyclists with threats, crowding or throwing items will be subject to a Class A misdemeanor, punishable by up to one year in jail and/or a $2,500 fine.

 

Competitive? Nothing is Worth Dying For.

The New York Times recently reported on a cyclist who was killed trying to break an on-line speed record in California.  A web based service called Strava allows cyclists to post their ride statistics and compare themselves to other riders in their area.  It is marketed as a training tool and resource for new bike routes.  Strava lists, among other things, speed records.  Apparently a California cyclist was attempting to recapture a speed record when he crashed and was killed.

 

Light Sentence for Drunk Driver who Intentionally Hit Cyclist.

An eighteen year old Chicagoan was recently sentenced to only 10 days in jail after intentionally striking a cyclist in Brookfield while driving drunk. 

At "6:30 a.m. on May 31, 2009, [Armando] Reza and a friend, Erik Fabian, 20, of Chicago, were in Brookfield driving a white Chevrolet Monte Carlo.

Fabian was allegedly driving first and purposely struck one bicyclist before they stopped the car and switched drivers so Reza could take a turn. A short distance from the first incident, Reza sideswiped a 34-year-old Brookfield man, knocking him off his bike as he rode near Maple Avenue and 31st Street.

They were arrested a short time later. Reza's blood alcohol level was .158, nearly twice the legal limit, and he did not have a valid driver's license, Pattarozzi said."

I have had a number of people contact me asking how it can be that someone can play a deadly game like this and only be sentenced to 10 days in jail.  I have always maintained that crimes involving cars aren't taken seriously.  We can only wonder if the outcome would have been different if these two were taking turns shooting at people rather than running them down.

 

Distracted Driving Verdict

A south Carolina jury recently awarded 7.5 million dollars to the families of two cyclists killed by a "distracted driver."  The driver was apparently talking on her cell phone when she struck the two cyclists from behind.  In pre-trial arguments the attorney for the families called driving while talking on a cell phone "the new DUI." 

Cell phone use is a common contributing factor for collisions.  Pursuant to Chicago Municipal Code section 9-76-230, drivers in Chicago are required to talk on hands-free devices, however, some say hands-free requirement is simply a step sideways.  Paul Atchley, assistant professor of psychology from the University of Kansas summed it up nicely when he said, "It's not having your hands taken away, it's having your mind taken away from the road. As people who drive a standard car -- or stick shift -- know, you can drive a car with one hand, because you have one hand on the stick. But when you start talking, it's not the actual holding onto the object that's important, it's the planning of the conversation, which takes away resources from attending to the road..."  Atchley maintains that hands-free requirements are, "really missing the point entirely because hands-free cell phones are no safer than hands-on cell phones. It's the conversation -- not touching the buttons on the keypad -- that is critical."  Research has shown that drivers talking on their cellular phones are four times more likely have a collision than if they were not talking on a cellular phone.

In Illinois, as of January 1, 2010, it is illegal to text while driving (see 625 ILCS 5/12-610.2).

Snow and Ice Hazards to Pedestrians

This time of year we tend to see a lot of injuries that occur because of falls on snow and ice.  The traditional law in Illinois states that a landowner is not responsible for a "natural accumulation" of snow or ice on her property.  In Chicago landowners and businesses are required to remove snow from walks, but a failure to remove snow or ice does not necessarily give rise to liability for falls on their property. 

Property owners and business operators may be liable for injuries resulting from an accumulation of ice, water or snow if an injured party establishes that the means of ingress or egress was unsafe for any reason other than a natural accumulation. Typically it is necessary to show that the landowner somehow created a hazardous situation.  Some examples might be:

  • Someone negligently removes snow or ice and in doing so creates a hazardous condition
  • Drainage problems cause water to pool and freeze
  • Downspouts are neglected or damaged
  • Gutters are improperly installed or maintained
  • Negligent landscaping causes water to flow across walkways

Even in cases when the unsafe condition was clearly a natural accumulation of snow or ice, a injured party may be able to show that other factors in combination with the natural accumulation created a hazardous condition for which the landowner or business operator could be held liable.  in one such case the Illinois Appellate Court held that although a plaintiff customer slipped and fell on a natural accumulation of ice, there was still a question of whether the owner provided adequate lighting. Therefore, If an injured party establishes that a property owner or business operator did not meet his or her duty to properly illuminate the premises, or to repair or give warning of other known, dangerous conditions, the owner may be held liable regardless of whether the natural accumulation rule applies.

If you've been injured as a result of a fall on snow or ice it is imperative that you speak to an attorney quickly.  In many instances evidence of the hazardous condition will melt or be corrected before it can be documented, and valuable evidence of the hazardous condition is lost.  It's always good to take pictures, and by all means always verify what caused your fall.