Illinois Governor Signs New Traffic Bill Strengthening “Scott’s Law”

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Back in 2002, Illinois enacted a new traffic bill called “Scott’s Law,” which required drivers to slow down and safely change lanes when they see any vehicle on the side of the road with its hazard lights on. The Bill was named Chicago Fire Department Lt. Scott Gillen, who was killed in 2000. This Bill is often referred to as the “Move Over” law.

In a move to strengthen protections for first responders, Illinois Governor JB Pritzker signed an updated version of this Bill, which now protects protections to include authorized stationary vehicles with oscillating lights, first responders, Illinois Department of Transportation workers, police and anyone authorized to be on the highway for work-related duties.

The new law increases the minimum fine to $250 for a first violation and to $750 for a second and subsequent violations and adds a $250 assessment fee for any violation of Scott’s Law that will be funneled into a new fund devoted to producing driver’s education materials, called the Scott’s Law Fund.

Criminal penalties will increase to a Class A misdemeanor, punishable by up to one year in jail, if a violation results in damage to another car, or a Class 4 felony, punishable by one to three years in prison, if a violation results in an injury or death. Through the new law, an aggravating factor will be added to reckless homicide charges if Scott’s Law is violated.

The secretary of state also must include a written question about Scott’s Law in the driver’s license test. This new law becomes effective immediately.

Changes to Scott’s Law come after three Illinois State Police fatalities have occurred on the side of the road. Two of the three fatalities came as a result of violations of Scott’s Law and the third involved a wrong way driver.

Let’s hope the changes to this law raise awareness for drivers when they see first responders and road workers on the side of the road to slow down and change lanes. These are workers who are in a position to help protect people, but at the same time are in incredibly vulnerable situations while often times standing on the side of a busy highway.

If you or a loved one have been seriously injured in a Chicago traffic accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076

Chicago To Install Audio Crosswalk Signals For The Blind

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Various news outlets reported last week that the city of Chicago is taking a huge step in improving the safety for blind pedestrians. The city announced it will install approximately 50 to 100 new audio signals at intersections throughout the city. A high-pitched chirp attached to pedestrian signals lets those with visual impairments know it is safe to cross the street. Others have voice signals.

According to the reports, the blind community will have input as to exactly where the the new signals will be installed.

This is an encouraging to step by the city to help citizens who cannot protect themselves. Unfortunately Chicago has lagged behind other cities around the country. For instance, San Francisco and Minneapolis, two cities much smaller than Chicago each have over 200 audio signals at crosswalks.

If you or a loved one have been seriously injured in a Chicago pedestrian accident or a Chicago truck accident, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago White Sox First Major League Team To Extend Protective Netting

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I have written multiple times over the past few years about a number of baseball fans injured by foul balls at major league baseball games. Over the past few years, all the major league teams extend protective netting to the end of each dugout where the players and coaches sit. Despite these extensions over the last few years, fan injuries have continued.

A 2 year old boy was injured in Houston earlier this year, along with a 3 year old in Cleveland earlier this week. Last month a woman was injured at a Chicago White Sox game. This woman’s injury was enough for Chicago White Sox owner Jerry Reinsdorf to take action. He asked his grounds crew overt the All Star break to investigate and eventually install protective netting that extends all the way to the outfield foul pole. The first game with the new netting was this week against the Miami Marlins. The only other team to announce adding the additional netting were the Washington Nationals.

What will the rest of major league baseball do in response to all these injuries? I hope they follow suit and do what the White Sox have accomplished. Obviously the technology is there, and there is no reason for teams to hold off any longer.

The question remains whether injured fans have any recourse against teams and major baseball. The family of the 2 year old has filed suit against the Houston Astros and Major League Baseball. Typically, these types of lawsuits have been dismissed based on an assumption of risk rule (referred to as the “baseball rule”) that protects major league teams. Each ticket sold basically states that they are not responsible for injuries that come as a result of errant foul balls, and courts have held that this should protect the teams and league from liability. But will this hold up when the teams know that the netting they currently have is not enough to protect fans? They are on notice and if they refuse to extend the netting, then I believe a court should refuse to dismiss these types of cases. I hope the case is litigated so that we can see a change in the law.

If you or a loved one were seriously injured in a Chicago personal injury accident or Chicago truck accident, then call Chicago accident lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

New Study Looks At Causes For Electric Scooter Accidents

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Electric Scooters have arrived in Chicago within the last month. There are thousands now available to rent around the city. As I wrote last month, the e-scooter program is similar to Divvy bicycles, which can be rented, picked up in one location and dropped off at another designated location. One major difference is that there are no designated pick up or drop off locations for e-scooters.

There has been quite a bit of news coverage the last few weeks regarding safety issues with these types of scooters. Within a few short days there were multiple traffic accidents reported, including a hit and run where a scooter apparently collided with a bicycle, leaving the bicyclist seriously injured.

So, what is the main cause of e-scooter accidents? My initial guess would be that the average person does not know how to properly drive them, especially in areas with heavy traffic.

According to a study d by the Texas Department of Public Health, the main culprit for e-scooter accidents is rate of speed. The study analyzed incident reports from nine area hospitals between Sept. 2 and Nov. 30 of last year. During that time, 192 people were injured, including 160 who were using dockless scooters through the city program and 32 who were possibly riding on privately owned devices.  Of those injured, 48% reported a head injury, including fractures, abrasions and lacerations, the study showed. Fifteen percent had evidence suggestive of a traumatic brain injury. Just one of the people injured reported wearing a helmet. Riders seemed honest when saying what caused their injuries: 37% of those surveyed said excessive speed was a contributing factor. 

I think the study confirms my assumption that many first time riders do not know how to handle these types of scooters in traffic. Specifically, they do no know when to slow down. I will be interested to see the statistics involved with e-scooter accidents in Chicago over the next year. Many parameters were put into place, including where the scooters could driven, and a ban on scooter use after 10:00 p.m. Let’s hope that the policies put into place will help protect those willing to jump on e-scooters and the pedestrians and bicyclists around them.

If you or a loved one have been seriously injured in a Chicago traffic accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Saliva Tests For Drug Detection In Illinois Raises More Questions Than Answers

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I wrote earlier this week about the legalization of recreational marijuana in Illinois. As I mentioned in the article, state police and individual police departments will be tasked with determining whether drivers are impaired by more than just alcohol. This will be difficult because marijuana can stay in someones blood for up to 30 days, and sometimes longer depending on how frequent someone uses the drug. In case the frequency is high they will be sent to a rehab center for example, Arizona has recovery delivered clinics.

One police department, Carol Stream, has started a pilot program to test saliva of drivers who have already been arrested. The program is being funded by the Illinois Department of Transportation (“IDOT”).  An officer currently determines whether a driver is impaired at the scene, brings that driver back to the police station, administers a chemical test (blood or urine) and then the saliva test is offered on a voluntary basis. It does not affect that person’s case and is just part of a study. The testing has not been approved to be used roadside.

Let me be clear, I have a lot of problems with this program, and a lot of questions need to be answered. First, readers should realize that there are 4th amendment (illegal search and seizure) violation issues that arise with this type of testing. If someone is pulled over for suspicion of driving under the influence, they do not have to submit to a breathalyzer test. No police officer can force you to take that test. Although, the saliva test has not been approved for roadside use, there will never be a time where I believe courts will confirm that forcing this type of test when someone is pulled over would be legal under the 4th amendment. Also, a driver does not have to submit to a blood test either. Although, if someone is arrested, a police officer can seek a warrant to take someone’s blood sample. Again, will the police be able to seek a warrant for a saliva test as well? I do not believe these types of warrants should be allowed unless or until the accuracy of these tests passes scientific measure. Again, how accurate are these tests? I don’t think we know yet.

Without knowing more, I cannot endorse this type of saliva testing by police departments. Remember, if you do get pulled over, you do have rights. You do not have to submit to any of these tests without a proper warrant. Also, always contact an attorney if you have been arrested. You have rights, and one of those is to defend yourself against charges to DUI and against illegal searches and seizures.

If you or a loved one has been seriously injured in a Chicago traffic accident or Chicago truck accident, then call Chicago injury lawyer, Aaron J. Bryant for a free legal consultation at 312-614-1076.

AAA Study: 13% Of Americans Do Not Think Driving High On Marijuana IS Dangerous

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The American Automobile Association (“AAA”) released results of a study this week regarding the perceptions of marijuana use while driving. AAA surveyed 2,582 drivers and found more than 13% thought driving while high on marijuana was “only slightly dangerous” or “not dangerous at all”, driving while drunk, drowsy or impaired by prescription drugs. Among those surveyed, 70% said the odds of getting caught by police if you drive within an hour of consuming marijuana are low.

The study also revealed that nearly 15 million Americans admitted to driving within an hour of consuming marijuana, the AAA reported. Impairment from marijuana typically occurs quickly — within the first one to four hours of using the drug, AAA researchers said, adding that driving while stoned doubles the risk of a car crash.

This study comes on the heels of the legalization of recreational marijuana use in Illinois. Illinois Governor Pritzker signed the bill into law last week which will make marijuana legal in the state starting on January 1, 2020.

The question that many Illinois law enforcement agencies are now facing is how to deal with drivers who may be impaired while under the influence of marijuana. Unlike alcohol, there is no roadside breathalyzer that will detect marijuana use. Further, if the driver is detained and or arrested for erratic driving and then has their blood tested while in custody, there is no way to time stamp when the marijuana entered the driver’s system. Marijuana has been known to stay in a driver’s system for up to thirty (30) days, depending on frequency of use. Law enforcement will be tasked with this issue going forward and anticipate writing about this a lot in future once marijuana becomes legal and law enforcement agencies start announcing ways to deal with drivers who may be under the influence.

If you or a loved one have been seriously injured in Chicago car crash or Chicago truck accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Navy Pier Flyover Lane Closed This Week

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Those who use the lakefront path for biking, running or walking have notice all the construction that has occurred over the last four (4) years. This included a flyover lane that was raised above lake shore drive parallel to Navy Pier. This lane, which a portion was opened at the end of 2018, has lanes available for both bicyclists and pedestrian joggers and walkers.

I was pleased to see this addition to the lakefront as it prevents bicyclists and joggers from having to occupy a much more dangerous stretch of sidewalk below (Lower Lake Shore Drive), which is directly adjacent to traffic exiting and entering Lake Shore Drive. Not only is the sidewalk below close to vehicle traffic, but it is incredibly narrow and hard from bicycles and pedestrians to occupy it at the same time, especially on busy days.

The city announced late last week that the flyover lane will be closed today, June 24 through June 27, as workers lay down permanent lane striping. Along with the rest of the lakefront, the flyover will now also have separate lanes for bicyclists and pedestrians.

The entire bridge is expected to be completed by the end of 2019. The flyover will span from at Ohio Street Beach and hug Lake Point Tower, clear the Ogden Slip, bypass Dusable Park and span the mouth of the Chicago River.

If you or a loved one has been seriously injured in a Chicago bicycle accident or Chicago Traffic Accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

New Illinois Texting And Driving Law Takes Effect July 1st

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A new Illinois traffic law takes effect on July 1, which will eliminate a free pass to first time offenders caught texting and driving. If someone is pulled over for texting and driving, and the officer has probable cause to believe the driver was in fact using their phone while driving, they will be issued a ticket rather than a warning. The previous law allowed drivers who were first time offenders to receive a warning.

More importantly, the new law also means that the ticket is a moving violation, which is misdemeanor in Illinois rather than a simple ordinance violation. In Illinois, your license will become suspended if you receive three (3) moving violations within a twelve (12) month period.

The law means no texting, talking, accessing the maps app and so on, unless with hands-free phone technology such as Bluetooth. It is also illegal to text or talk while holding a device at a stop sign, at a red light or while sitting in traffic.

I have been writing about texting and driving laws for years and the need for stiffer penalties. Hopefully now that drivers know that they will be charged with a misdemeanor, and could affect their pocket book and ultimately their right to driver, they will be more willing to put their phones down while driving.

If you receive a ticket, this does not necessarily mean it should be automatically paid. Drivers have the right to go to court and contest the ticket. In fact, if you do not think you have violated the statute and were wrongly ticketed, I recommend hiring an attorney and going to court to contest the ticket.

If you or a loved one have been seriously injured in a Chicago traffic accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Mayor Transfers Defense Of City’s Workers’ Compensation Claims To Private Company

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Multiple news outlets, including Crain’s Chicago, reported last week that new Chicago Mayor, Lori Lightfoot, has pulled the claims handling of the city’s workers compensation claims away from Alderman Edward Burke and transferred the files to private company Gallagher Basset. Gallagher Basset is often referred to as a Third Party Administrator (“TPA”) that provides claims handling for self-insureds and often larger insurance companies.

Lightfoot’s decision comes after an audit performed by Grant Thorton, concluded “the $100 million-a-year program failed to follow proper industry standards and suffered from “significant control deficiencies and weaknesses that would create an environment” where fraud, waste and abuse could exist. ” It is important to point out that the audit did not specify any specific instances of fraud, but rather the system was open to this type of activity and needed to be operated more efficiently.

This is an interesting turn of events as Alderman Burke was recently indicted by the federal government on charges of attempted extortion of local property developers.

Mayor Lightfoot had the following to say about the audit and transfer of claims to the outside firm: ” Government systems of this magnitude have “no business being operated by a single individual (Burke), with no oversight,” she added. “There’s no point at which Grant Thornton believes this plan was acting anywhere near best industry practices.”

If you or a loved one has been seriously injured in a Chicago work accident or has a Chicago workers’ compensation claim, then call Chicago workers’ comp attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Illinois State Police Cracking Down on DUIs During Summer Months

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Summer is finally here and there is more traffic out on the roads than any other time of year. This is especially true over holiday weekends like Memorial Day and Fourth of July. According to a dui attorney, the Illinois State Police and over 160 local law enforcement agencies are planning ahead to prepare for all the drivers on the road and launching “Drive Sober or Get Pulled Over” and “Click It or Ticket” campaigns.

Both of these traffic safety campaigns are made possible by federal traffic safety funds administered by the Illinois Department of Transportation. The crackdown runs concurrently with a media campaign reminding motorists that impaired driving has “Life or Death” consequences, so be sure to think before getting behind the wheel drunk.  The safety campaign will run June 17 through July 8 to encompass three summer weekends leading up to and after Independence Day. The Illinois State Police and local police departments have issued the following tips to help make the roads safer, and ultimately save lives:

  • Give your designated driver your keys before you go out.
  • If you are drunk or impaired by marijuana or other drugs, call a taxi, take mass transit, use your favorite ride-sharing service, or call a sober friend or family member to get you home safely.
  • Promptly report drunk drivers to law enforcement by pulling over and dialing 911.
  • Make sure everyone in your vehicle wears their seat belt. Not only is it the law, it’s your best defense against an impaired driver.

There will be a lot more police officers on the roads the next few weeks. This should not be the only reason to be careful before getting behind the wheel. More importantly, you can save the lives of those in your vehicle and the vehicles around you by deciding not to drink and drive.

If you or loved one have been seriously injured in an Illinois truck accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant at 312-614-1076 for a free legal consultation.