The Bryant Law Group, LLC | Archives | 2012

Massachusetts Teen Charged With Vehicular Homicide After Texting And Driving

Date June 18, 2012

In a historic court
ruling, Massachusetts teen Aaron Deveau was
found guilty for vehicular manslaughter after texting while driving and his vehicle swerved across the center line and
crashed head on into Donald Bowley‘s truck, killing the 55-year-old father of three. Deveau was charged with motor vehicle homicide and negligent
operation of a motor vehicle, using a mobile phone while operating a motor
vehicle, reading or sending an electronic message, a marked lanes violation,
and two counts of negligent operation and injury from mobile phone use.
After being found guilty Deveau was sentenced to 2 years in prison and his drivers
license was suspended for 15 years.

This is
historic for many reasons. First, it is the first defendant to be charged with
vehicular manslaughter for causing a death while texting and driving. Second,
and more importantly, this sends a message that this type of negligent behavior is no longer going to to be tolerated by district
attorney’s offices. I have written many times in the past that texting and
driving will not be taken seriously by drivers until they know that they
will face stiffer penalties. Specifically, I have suggested tougher penalties
for driver’s who have caused injuries while using their cell phones in their
vehicles. Massachusetts was the first to step up and enforce their laws. We
will have to wait and see if other district attorneys offices take the same
steps. Also, it will be interesting to see if texting and driving accidents
actually go down now that drivers know that they will face severe
consequences.

IL Governor Quinn Signs New Cell Phone Ban Into Law

Date June 10, 2012

Posted by abryant633

The Illinois legislature
and Governor Quinn continue their quest to protect drivers and pedestrians with
a new law that bans make
it illegal for drivers to make calls with a hand-held phone within 500 feet of
an accident scene where emergency vehicles have flashing lights, except for
reporting emergencies. It also bans sending picture and video messages while
driving at any time. Supporters say it would reduce the risk of
careless drivers hitting accident victims or emergency personnel. Cell phone
use by drivers already is banned in construction and school zones.
It is also illegal in Illinois to text or email on your cell phone while
driving.

I do
not know the specifics or the genesis of this bill but I imagine it serves
several purposes. First, when drivers are passing by an accident they tend to
be distracted by the flashing lights and all of the commotion from the
accident. Banning cell phone use I believe is an attempt to prevent an already
distracting driving situation. Second, there may be some concern with blocked
lines and airwaves with emergency personnel and responders. Regardless, this
was necessary action taken by the legislature and will hopefully lead to safer
roads and less car accidents.

If
you or someone you love has been seriously injured in a Chicago car accident or
Chicago truck accident, then call Chicago personal injury attorney Aaron Bryant
for a free consultation at 312-588-3384 or go to the firm website
www.blgchicago.com. style=”font-size: 12pt; font-family: ‘Times New Roman’, serif; “>

Are Chicago’s Pedestrian Safety Laws Protecting Walkers?

Date June 1, 2012

Posted by abryant633

I wrote last year
about Rham Emanuel’s pledge to make Chicago’s streets safer at crosswalks for
pedestrians. The stricter ordinance enacted by the city required drivers
come to a complete stop when pedestrians are walking through a cross walk. This
was a significant step taken by the mayor and the city to help prevent
vehicle-pedestrian accidents. Unfortunately, as the Chicago
Tribune, reported last month, the new law has not achieved the desired
results. A spokesperson for the Chicago department of transportation was
quoted as saying, we’ve
seen a change in behavior. A little bit. Somewhere less than 10
percent are usually stopping,” she said. It gets better, up to 30 or 40
percent, at places where police actually enforce the law.”

So
what will it take to force drivers to come to complete stops at crosswalks?
I think this is similar to the problem with texting and driving. I
believe there must be stiffer penalties, especially when a pedestrian is
injured. I do no believe drivers change their habits until they know they face
stronger repercussions. Do the penalties need to be as strong as a first time
DUI (class A misdemeanor)? Probably not. But I don’t think the behaviors
will change until there are stiffer penalties such as higher fines.

If
you or someone you love has been seriously injured in a Chicago car accident or
Chicago vehicle-pedestrian accident, then call Chicago personal injury attorney
Aaron Bryant for a free consultation at 312-588-3384 or go to the firm website
at www.blgchicago.com. style=”font-size: 12pt; font-family: ‘Times New Roman’, serif; “>