Chicago Aldermen Propose Use Of “Textalyzer” By City Police

Date
Posted by

The Chicago Tribune reported this week that two Chicago Aldermen are interested in new traffic technology called a Textalyzer, a device developed by Israeli company Cellebrite — which can access a phone’s operating system to check whether it was being used to text, email or perform other functions. Its name is a play on the Breathalyzer, which can help determine whether a driver is legally drunk.

Ald. Ed Burke, 14th, and Ald. Anthony Beale, 9th, on Wednesday introduced a resolution calling on the Police Department to appear before a City Council committee “to address the use of emerging technology, such as a Textalyzer, in enforcing the city’s existing traffic laws or the investigation of vehicle accidents.”

I have written on the dangers of texting and driving on this site ad nauseum through the years, as I believe it has been proven that distracted driving is an epidemic in this country. Far too many people text and drive and it is causing serious traffic accidents and sometimes traffic fatalities. My problem with this proposal is that it calls into question whether this type of technology invades on peoples 4th amendment right to privacy. Specifically, the constitutional right against illegal search and seizures. Many people do not realize that when stopped by policy they do not have to submit to a breathalyzer or other sobriety tests. Further, people have the right refuse an officer’s request to search their vehicles. Although, it must be noted that if an officer believes there is probable cause for a search they can go ahead and do so (though anything found in such a search could be subject to the Court’s scrutiny as to whether the search was legal). The point here is whether police should have the right to seize a drivers phone and perform a “Textalyzer” analysis to determine if the driver had been using the phone at the time of the crash? I don’t believe so. It could be argued that the phone could be seized if there is overwhelming evidence that the phone was being used prior to the stop (i.e. the officer saw the driver typing into the phone while driving or the phone was in the drivers lap following a car accident).

These are all questions that need to be answered prior to the city moving forward and handing over this technology to police officers. I do not believe the City Council should rubber stamp this technology without a careful determination of the constitutional implications. Further, there is the question of whether this type of technology would be a deterrent for drivers to use their phones while behind the wheel.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation.

Uber Suspends Self-Driving Test Vehicles Following Phoenix Car Accident

Date
Posted by

The Associated Press reported last month about a self-driving Uber vehicle that flipped over on its’ side after a vehicle cut in front it. The self-driving Uber was a test vehicle carrying two test passengers. Luckily no one was hurt in the accident. Uber released a statement following this traffic accident that they were temporarily suspending their self-driving program at their three test locations (Phoenix, San Francisco and Pittsburgh), while they investigate the accident.

The question that remain, and most be answered by auto-makers and ride-share companies, is whether these self-driving vehicles are safe. More specifically, would that vehicle have tipped over if there was a human behind the wheel.

t isn’t the first safety issue involving the self-driving vehicles or with Uber in particular. California suspended the self-driving Uber program at the end of last year due a recurrence of the vehicles running red lights.  And last year a Tesla owner died in an car accident, when his vehicle misread a truck in front of it as an overhead traffic sign.

These are issues that make me and lawmakers dubious of self-driving vehicles. One issue that caught my interest from the AP article was that Arizona was only requiring Uber to carry to minimum insurance for its’ test self-driving vehicles, which is $15,000 per person / $30,000 per accident. I don’t live in Arizona but I have friends and family who do, and I think it is unconscionable that the state would not require higher limits on self-driving Uber vehicles, when the dangers are so unknown. What if someone would have been seriously injured or had died in that recent accident.? The coverage from Uber’s insurance would not have been able to provide proper compensation to cover the  medical bills, lost wages and serious pain and suffering or loss enjoyment of life.

Many issues remain, and I think it is fair to say the roads are not ready to take on self-driving vehicles.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Smart Highway Technology Coming To Jane Addams Tollway

Date
Posted by

Many commuters may have noticed over the last several months that congestion has cleared on the Jane Addams Tollway, which is the stretch of I-90 that covers O’Hare airport up to the Wisconsin border. Widening and rebuilding efforts was recently completed as part of the second phase of the 2.5 billion dollar project to replace, expand and update the tollway. If you are looking for new tech to add to your vehicle, then consider using a CAN Display. 

The next phase is currently underway, according to WBEZ radio and the Illinois Tollway’s homepage, which involves building “smart road” technology. This third phase involves installation of dozens of huge metal archways and signs above the road located between O’Hare and Barrington. These metal archways are dynamic signs that display suggestions for drivers. For example, if there is an accident two miles down the road from driver, a sign over that lane may show a big red X, encouraging drivers to change lanes before they get to the problem spot. Another lane may show a green arrow, communicating to drivers that they should drive in that lane. Tollway engineers will remotely update the electric signs to reflect current conditions. The technology will also allow Pace buses to ride on the shoulders, much like they already do on the Stevenson Expressway in Chicago. The signs are expected to up and running within the next few months.

The purpose for this technology is three-fold: improve safety, reduce congestion, and develop an infrastructure for future technologies like driverless cars.

I am somewhat dubious of the future of driverless cars but the potential for safety and congestion improvements is encouraging.

Similar “smart” signs were installed in Seattle in 2010, which has seen positive results. The system (known as “active traffic management”) reduced weekday vehicle collisions by seven percent, and weekend car crashes went down by as much as 20 percent.

I will be interested to see the results of this new technology in the next few years. As I have written recently, the country as a while (and Illinois) has seen an increase in traffic fatalities over the last few years, and our city and state have been searching for answers. Hopefully adding “smart” technology is a step in the right direction.

If you or someone you love has been injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076,

Chicago Transportation Commissioner: Traffic Crashes Are A Public Health Crises

Date
Posted by

Chicago Transportation Commissioner, Rebekah Scheinfeld, spoke to a group at the  City Club of Chicago last week making the claim that the number of traffic fatalities in and around Chicago has created a major health crises. The purpose of her speech was to make the case  for “Vision Zero,” a three-year plan with the  goal of eliminating traffic deaths and serious injuries that affect 2,000 people in Chicago each year.

The “Vision Zero” plan The plan will rely heavily on signs, surveillance cameras and “data-driven” enforcement to convince Chicago motorists to stop ignoring the city’s traffic laws.

Th neighborhoods that they plan on focusing on includes: the Loop, the Near North and Near West Sides, Austin, Belmont-Cragin, East and West Garfield Park, North Lawndale, Humboldt Park, West Town, West Englewood, Englewood, Washington Park and Grand Boulevard.

“The only goal we should be aiming to achieve is zero. Zero deaths and zero serious injuries. We all have the right to walk, bike, take transit and drive on streets that are safe for everyone, regardless of who we are or where we live,” Scheinfeld said Monday.

A portion of her talk focused on the recent changes in red light tickets. Scheinfeld said the city has also agreed to begin the process to move red-light cameras from six existing intersections and place them at five new locations where the study shows red-light cameras would have a greater impact on safety.

 This is a lofty goal set forth by the city but it is the right one to make. I think it’s almost impossible to think that all traffic fatalities will be eliminated just due to the number of motorists, pedestrians and bicyclists that pack city streets everyday. If “Vision Zero” merely makes huge cuts in the number of traffic fatalities, I think it will be a success.

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

Study Shows Ashland Ave Deadliest For Chicago Pedestrians

Date
Posted by

The Chicago Tribune reported last month that through an investigation of police statistics, that Ashland Avenue has been the most dangerous for pedestrians over the last four (4) years.

The statistics showed that from 2014 to 2016 the most traffic fatalities occurred on Lake Shore Drive (15), Ashland (14), Western Avenue with (14), Milwaukee Avenue (9), and Stony Island and North avenues (8). Those numbers include motorist, bicyclist and pedestrian fatalities.

The road with the most pedestrian fatalities over this period was Ashland with 10.  Why is Ashland such a major problem for traffic accidents? Once reason the article notes is that on the South side of the city motorists who want to avoid the expressway, choose to drive on Ashland, which makes it a much busier street than others.

The article also notes that being poor can also mean you’re more likely to die in a traffic crash. The city’s Transportation Department reported this month that people experiencing medium and high levels of economic hardship make up 82 percent of the city’s traffic deaths.

What can be done on busy streets like Ashland to protect pedestrians?

One is to install refuge “islands” in the middle of crossings so pedestrians can stop and wait midblock if the light changes, and traffic bump-outs. The latter means extending concrete into the intersection to reduce the space needed to cross and get cars to slow down, Such measures have been added during resurfacing in crash-prone areas.

 

Reducing the width of vehicle lanes on arterials helps slow traffic, Schady said. Another solution, especially in the suburbs, is reducing driveway access points. Countdown lights help pedestrians see how long they have to make it across. Traffic lights can also include a delay before the light turns green so pedestrians can clear the intersection before traffic moves again.

A way to calm traffic on Ashland in particular could be a rapid transit bus system between Irving Park Road and 95th Street. The idea, proposed by the CTA and the Transportation Department in 2013, faced opposition from residents and businesses and is stuck in the planning phase.

All of these ideas are part of the “Vision Zero” initiative that the city undertook in 2014, which was to eliminate all traffic deaths in the city.

Once thing for certain is that motorists need to constantly be aware of their surroundings when driving in the city. You have to be aware of course of other drivers, but also pedestrians, especially on busy avenues like Ashland.

If you or someone you love has been injured in a Chicago car accident or Chicago pedestrian accident, then call Chicago personal injury lawyer, Aaron J. Bryant, at 312-614-1076 for a free legal consultation.

U.S. Traffic Deaths Highest Since 2007

Date
Posted by

The National Safety Counsel reported today that there were 40,200, a 6 percent gain from 2015 and up 14 percent from 2014. This is the first time since 2007 that traffic fatalities exceeded 40,000 in U.S.

As I wrote last month, this is a disturbing trend due advances in auto safety technology that has been introduced in the last ten years. The increase in traffic deaths have been previously blamed on more drivers being on the road due to an improved economy. I believe that this was a legitimate hypothesis for 2012 through 2014 but it doesn’t explain why number keeps increasing.

As I previously discussed last month, the only conclusion I can come to is that people continue to use their phones while behind the wheel. The The National Safety Council, a nonprofit safety advocacy group,  released survey that support this conclusion. Their survey findings showed that 47 percent of motorists are comfortable texting while driving. Some 10 percent of drivers reported driving drunk, and 43 percent of them were involved in a crash while impaired, the group said. The survey also found that 16 percent said they don’t wear seatbelts on every trip, while 25 percent are comfortable speeding on residential streets.

To stem the tide, the group renewed a call for a total ban on mobile phone use behind the wheel, even hands-free systems. It also called for mandatory ignition interlocks for convicted drunk drivers, a three-tiered driver licensing system for all new drivers under 21 and other steps to curb car crashes.

I can’t say that I agree with the ban on hands free devices, but I am still convinced that there needs to be stiffer penalties on those who text and drive. This is especially true when the phone use results in a car crash that results in a personal injury.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

 

Study: Interlock Devices For First Time DUI Offenders Saves Lives

Date
Posted by

The Washington Post published an article this month about a study performed by Johns Hopkins Bloomberg School of Public Health, which revealed that traffic fatalities have declined by 7 percent in states that mandate ignition interlocks for first-time drunken-driving offenders.

Interlock devices are installed in vehicles and require drivers to blow into them before the car’s ignition will start the engine. Currently, 22 states require interlock devices for first time DUI offenders. Other states require them for repeat offenders or those with a particularly high blood alcohol content. Some states let the judge decide whether an interlock is appropriate.

The study tracked fatalities for about five years before states began passing interlock laws in the late 1980s through 2013, when all states required them under some circumstances.  The Hopkins study suggested that even those with no previous DUI convictions would think twice about driving under the influence if faced with the prospect that a first-time offense would require them to use an interlock. It says partial laws that don’t mandate the devices for all offenders are less effective. More than a third of the 35,092 fatal car crashes in 2015 involved a driver who had been drinking; 29 percent of them were legally drunk and 20 percent had a blood alcohol content almost twice the legal limit or higher.

I think it is safe to conclude that the states that require interlock devices for first time offenders is saving lives. Drivers are more hesitant to even attempt to drive after drinking if they know they have to face the interlock. I think it would be important to take these findings and perform studies that involve distracted drivers. Wouldn’t you agree that drivers would be more hesitant to pick up their phones while driving if they knew there were very stiff penalties if they were caught texting and driving or they cause car accident while using their cell phone. I think this study is important and we could have predicted the outcome. Now it’s time to use this study into other areas of traffic law, including distracted drivers.

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

New Illinois Traffic Laws For 2017

Date
Posted by

January is almost over and I thought it would be important to list the new traffic laws that went into effect in 2017:

  1. Scott’s Law, also referred to as the “move over” law, requires drivers to slow down or change lanes when driving by a stopped emergency vehicle. Beginning in 2017, the law also will include any vehicle on the side of the road with hazard lights flashing, according to a statement from the Illinois State Police.
  2. Speeding between 26 mph and 35 mph over the posted limit is a Class B misdemeanor. A class B misdemeanor in Illinois carries a maximum penalty of of 180 days in county jail, with fines up to $1500.
  3. Driving more than 35 mph over the speed limit is now considered a Class A misdemeanor. A Class A misdemeanor in Illinois is punishable up to a year in jail with fines up to $2,500.
  4. Those who have been convicted of driving without insurance could have their vehicle impounded if they are stopped by police within 12 months of the first citation.
  5. Fines will double for drivers caught trying to go around lowered railroad crossing gates. Under a new amendment to the Illinois Vehicle Code, drivers who disregard activated gates and warning lights at railroad crossings will face a fine of $500 for a first offense and $1,000 for subsequent offenses.

It must be pointed out that if someone who is charged with speeding over 25 mph over the speed limit there is a possibility the ticket could be amended to below 25 mph in order to avoid a misdemeanor conviction. This is not guaranteed. It could depend on the prosecutor and the judge handling the matter and whether the driver has a clean driving record. You will be required to hire an attorney if you are charged with a misdemeanor.

Drive safely and follow the rules of the road. Remember, if you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

NHTSA: Traffic Fatalities Up 8% In 2016

Date
Posted by

The National Highway and Traffic Safety Administration (“NHTSA”) announced some unfortunate news in a press release last week that traffic fatalities were up 8% last year from the year before for the first nine months of each year. The agency’s statistical projection found an estimated 27,875 people died in vehicle accidents during that time in 2016, while 25,808 fatalities were reported for that same period in 2015. Also, the fatality rate for 2016’s first nine months increased to 1.15 fatalities per 100 million vehicle miles traveled. That represents an increase from 1.10 fatalities per 100 million vehicle miles traveled during the first nine months of 2015. The agency noted it relied on the same methodology used to generate the estimates for the first nine months of 2016 as it did to record the fatalities for 2015.

The various articles I have read don’t seem to point any specific reason why. The discouraging news is that these numbers are coming off a year where traffic deaths increased 7% in 2015 over 2014. Experts believe the increased travel is mostly a result of an improved economy and low gas prices. But NHTSA’s data experts said increased travel and a better economy alone can’t explain the rise in deaths. “We still have to figure out what is underlying those lives lost,” NHTSA Administrator Mark Rosekind said. “If it was simple, we would already know that.”

The increase in deaths is especially concerning because it has happened at time when cars are safer than ever. Nearly all new cars and light trucks now have electronic stability control and rearview cameras, for example. Automakers are also beginning to equip more cars with sophisticated safety technology like adaptive cruise control, automatic emergency-braking and blind-spot monitoring.

So what is the answer? The NHTSA isn’t giving us any plausible explanation. My own theory is that people continue to use their phones when driving. They continue to text and not take advantage of hands-free technology. I think this will continue to be the case as long as the penalties for texting and driving are weak. In my opinion, if an injury occurs from an accident where texting and driving was the cause, then the case needs to be treated like a DUI. At the very least the driver needs to be charged with a Class A misdemeanor. Without significant repercussions, drivers will not be deterred from typing on their phones while driving. This is the only explanation I can come up with as to why traffic fatalities have continued to rise the last two years.

If you or someone you love has been injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

 

Illinois Supreme Court Clarifies Homeowner’s Liability With Snow And Ice Removal

Date
Posted by

It’s winter in Chicago and we have already seen quite a bit of snow. Recently I’ve seen multiple news posts from the Tribune and DNA Info reminding home and business owners of the ordinance the city council passed last year increasing fines for failing to shovel their sidewalks. The updated ordinance increased fines for failure to clear sidewalks from range of $50-$500. It also increases the fine for obstructing the public way with shoveled or plowed snow from $25-$100 to $50-$500. The ordinance requires that daytime snowfall be cleared by 10 p.m. and overnight snowfall to be cleared by 10 a.m. Warnings will be issued before tickets are given. The word from the city hall law department  was that the increased fines are aimed at the “repeat, flagrant offender.”

This raises questions for many business and homeowners as to what their civil liability would be if they do comply and shovel their walk but someone still slips and injures themselves. In other words, what if the homeowner shoveled their walk from a natural accumulation of snow but that they were accused of doing a negligent job?

The Illinois Supreme Court ruled on a recent case that clarified the 1979 Snow and Ice Removal Act,745 ILCS 75/1. In a recent case, Murphy-Hylton v. Lieberman Management Services, Inc., a suburban woman sued her condominium association and property management company for serious injuries from a slip and fall on ice.  In a unanimous opinion written by Justice Mary Jane Theis, The Illinois Supreme Court affirmed the appellate court’s judgment and sent the case back to the trial court. “The Snow and Ice Removal Act provides immunity to residential property owners from claims of liability for injuries allegedly caused by icy sidewalks that result from negligent snow and ice removal efforts, but it does not extend to immunize them from claims of liability for injuries allegedly caused by icy sidewalks that result from an otherwise negligent failure to maintain the premises.”

The Court has clarified what the law has always been. If a homeowner shovels her walk from a natural accumulation of snow or ice fall, they cannot be held liable in civil court for injuries resulting from said shoveling. (i.e. if the plaintiff sues that the homeowner did a negligent job of shoveling the walk). Where a homeowner can be liable is if the ice is a result of a leaky spout or runoff that is not a result of a natural accumulation. Those were the alleged facts in the above Murphy-Hylton case.

The lesson here is that if you are a homeowner in the city, you definitely want to remove snow and ice from your sidewalk in order to avoid a fine. But, civil liability will most likely be avoided if you attempt to clear the snow and someone slips and falls anyway. I am in know way advocating to home and business owners to lazily shovel their walks. I am just trying to report what our Supreme Court clarified in this recent court case along with the ramifications could be from the city if you avoid to remove the snow and ice.

If you or someone you love has been seriously injured in a Chicago slip and fall or Chicago personal injury case, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation at 312-614-1076.