Monthly Archives: February 2010

IDOT And Illinois State Police Kick Off Impaired Driving Campaign

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On February 4, The Illinois Department of Transportation announced  its new impaired driving campaign with the Illinois State Police. The program is titled Buzzed Driving is Drunk Driving. The timing of this campaign is an attempt to prevent drunk driving during Super Bowl weekend, which is notorious for football fans being out and about at various parties and watering holes.

“Throughout Super Bowl weekend, the Illinois State Police will remain diligent in enforcing driving under the influence and the other fatal five violations, including speeding, safety belt use, improper lane usage and following too closely,” said Illinois State Police Director Jonathon Monken.  “Law enforcement recognizes the big game brings fans together to celebrate, and alcoholic beverages are often part of the celebration.  If you choose to drink, don’t drive.  Ask someone to be a designated driver prior to starting your celebration or call a taxi service to make sure you arrive home safely.”

The Illinois Department of Transportation’s Division of Traffic Safety suggests the following tips for those planning to consume alcohol while watching the Super Bowl:

  • Designate a sober driver before the party begins;

  • Call a taxi, use mass transit, or call a sober friend or family member to get you home safely; 

  • Use your community’s designated driver program, if established;

  • Report impaired drivers to law enforcement;
     
  • Spend the night where the activity is being held and sleep it off;
     
  • Always buckle up – it’s your best defense against an impaired driver.

Remember to be careful on the roads this weekend.

If you or someone you know has been involved in an Chicago car accident or Chicago truck accident or have been charged with a DUIor another traffic violation, then call attorney Aaron Bryant for a free consultation at 312-588-3384.

Illinois Supreme Court Rules Medical Malpractice Caps Are Unconstitutional

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The Illinois Supreme Court struck down the state’s medical malpractice law today, saying it violates separation of powers by allowing lawmakers to interfere with a judge’s ability to reduce verdicts.

State lawmakers in 2005 passed legislation, which was signed into law by then-Gov. Rod Blagojevich, that established caps on noneconomic damages of $500,000 in cases against doctors and $1 million against hospitals. Illinois followed other states, such as California, that capped damages years ago.

But Justices writing said they were not persuaded by arguments used in other states. “That ‘everybody is doing it,” is hardly a litmus test for the constitutionality of the statute,” Justices writing for the majority opinion said.

Further, Justices said that what the statute allows for amounts to a “legislative remittur.” Chief Justice Thomas Fitzgerald delivered the judgment for the seven-member court and was joined in the opinion by Justices Charles Freeman, Thomas Kilbride and Anne Burke. Justice Robert Thomas took no part in the decision, the ruling said.

One of the many arguments made by the trial lawyers is that malpractice insurance companies are trying to blame patients who have been harmed by medical errors. They say insurance reform is what is needed to spur competition and keep physicians and hospital malpractice premiums low.

This is a huge victory for the injured victims in Illinois and finally settled a long debate. It is almost certain that this issue is not going away and that the insurance lobby will do everything in their power to overturn this ruling.

If you or someone you know has suffered from a personal injury, a Chicago car accident or Chicago workers compensation accident, then call attorney Aaron Bryant for a free consultation at 312-588-3384.

Insurance Study Questions Effectiveness Of Distrated Driving Laws

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The Washington Post published an article last week that discussed a study performed by the Highway Lost Data Institute (an Insurance industry group). The study reveals that distracted driving laws, such as bans on texting and cell phone use while driving, has not decreased the number of car accidents in several states. The study looked a car accident data from New York, California, Connecticut and Washington D.C.

The organization found that claims rates did not go down after the laws were enacted. It also found no change in patterns compared with nearby states without such bans.

Adrian Lund, the group’s president, said the finding doesn’t bode well “for any safety payoff from all the new laws.”

Not everyone is happy with the results of this study and the way this information is being handled.  Transportation Secretary Ray LaHood also has been campaigning against texting and cell phone use while driving. In a blog post Friday, LaHood dismissed the new study’s conclusions as irresponsible and said the study will lead people “to wrongly conclude that talking on cell phones while driving is not dangerous.”

The Post did not provide a link to the actual study but it seems a little premature to come to such a drastic conclusion. Saying the new law “do not work” seems overreaching at this point. I would like to look at the actual study and the numbers first as this article does state whether the data is looking at the gross number of accidents or accidents believed to be caused by distracted drivers. It will be interesting to see how safety groups around the country respond to the study and its’ findings.

If you or someone you know has been involved in a Chicago car accident or Chicago truck accident, then call attorney Aaron Bryant for a free consultation at 312-588-3384.