The Bryant Law Group, LLC | A Chicago based personal injury blog

“Smoking Gun” Memo Released In General Motors Recall Case

Date April 15, 2014

General Motors has been
in the news quite a bit the past several weeks due to a recall on a defectiveignition part on many of its’ vehicles. GM has recalled 2.6 million vehicles, including the: Chevrolet Cobalt;
Saturn Ion; and other Saturn and Pontiac models. The cars’ ignitions could slip
out of the “on” position, cutting power to the vehicle. There have been 13
deaths reported. GM has recalled those vehicles, and also disclosed that
defective parts may have been used in earlier repairs on those vehicles. Last
week, GM said it would replace ignition lock cylinders “and cut, and if
necessary, reprogram new keys.”The cost of GM’s recall, originally set at $300
million, has now ballooned to $1.3 billion, including some other
vehicles.

Forbes magazine reported last week that key memo that
was issued in 2006 points out when and how the mistake with the ignition part
was made. Dated May 27, 2006, the memo includes a document that explains
information that supported GM’s part change, and includes GM’s approval to make
the change, according to the House Oversight and Investigations Subcommittee,
which released more than 200,000 pages of documents.

One
page of the memo was released previously, but that page has been updated with
additional information, and the fax cover sheet makes it clear who made the
fateful GM decision. It cites GM Ray DeGiorgio, who has been placed on leave by
GM, as knowing about the change to the ignition part, and allowing the switch
to happen without the typical step of creating a new part number. Engineers
told Automotive News that the step was a
“cardinal sin’ in product design, and GM Chief Executive Mary Barra was
roundly criticized for the action during Congressional testimony last week.

GM is
going to see multiple lawsuits against. First, suits will be brought for the
wrongful deaths of the drivers and/or passengers involved in car accidents
caused by the ignition failures. They will also see consumer class action
lawsuits brought by all those who owned the vehicles and will require
replacements and repairs for the defective parts.

If you
or someone you love has been injured in a Chicago car accident or as a result
of a Chicago auto defect, then call Chicago personal injury attorney, Aaron
Bryant, for a free legal consultation at 312-614-1076.

NTSB Reports That Blue Line Train Traveled Too Fast For Emergency Brake

Date April 8, 2014

Posted by abryant633

The Chicago Tribune reported today that the National Traffic
Safety Board (“NTSB”) concluded that the CTA Blue Line crash at O’Hare airport was driving too fast for the emergency brake to properly
trigger and prevent the train accident. The NTSB’s preliminary report into the cause of the early-morning accident on March
24 said the distance between a bumper post at the end of the line and a trip
arm in the tracks designed to activate the train’s emergency braking system was
“too short to stop the train” due to its speed of roughly 26 mph.

Asked
why the CTA had not set a slower speed limit in the tunnel leading to the
station, or positioned the emergency-stop device further out from the platforms
where trains berth, safety board spokesman Terry Williams said “those questions
are part of our investigation and some of the issues we are looking into.’’

The CTA
two weeks ago lowered the speed limit of trains entering the O’Hare station
from 25 mph to 15 mph and moved the fixed trip arm further away from the bumper
post, to provide a total of 61 feet in stopping distance.

For
those following this case it appears that the CTA will be on the hook for
passenger injuries based on, at least, three main factors. First, the train operator
admitted she nodded off immediately prior to the train crash and the CTA is
responsible for the negligent acts of their employees. Second, the train
operator was driving the blue line at too high of a speed, which did not allow
the emergency brake to properly trigger. Again, the CTA is responsible for negligent
acts of its employees. Third, they set the speed limit too high for the
emergency brake to properly stop incoming trains. These are three allegations that can be made and seem the most obvious from the media reports, but as the investigation continues, there will likely be more allegations of negligence by the CTA.

Although
this train accident was terrible and people were injured, I think there are some
positives that can come from this. First, no one died. This derailment and
crash was brutal as the video shows and the fact that there were no deaths and
few critical injuries is a minor miracle. Second, the CTA can now make the
proper corrections to its emergency braking system, which will hopefully
prevent this from happening again.

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

Chicago Paving Way For More Bike Lanes

Date April 8, 2014

Posted by abryant633

It’s been a year or two
since I have written about bike lanes in Chicago. As I mentioned in the past,
Chicago has been at the forefront in carving out bike only lanes. Specifically,
a long stretch of Dearborn Street in Chicago’s loop is specified for
bicyclists. The Chicago Tribune reported last week that more
“bike only” lanes are coming to the city this spring.

On
the North Side, a lane is planned for North Broadway Avenue between Montrose
and Foster avenues. In the Loop, Harrison Street will get a bike lane from
Desplaines Street to Wabash Avenue. On the West Side, a lane is scheduled to go
in on Lake Street from Austin Boulevard to Central Park Avenue.

In
addition, the city plans 15 more miles of buffer-protected bike lanes this
spring. The painted lanes are planned for California Avenue between Augusta
Boulevard and North Avenue; Street from 26th to 31st streets and Stony Island
Avenue from 56th to 63^rd streets, according to transportation
officials.

The
city also is in the planning phase for 30 more miles of bike projects for the
end of this year and early 2015, including Randolph Street from Michigan Avenue
to the lakefront trail

This
is a great move by the city as we know that vehicle traffic in Chicago is some
of the worst in the city. The fewer cars on the road the better for everyone.
But both drivers and bicyclists need to be wary of each other by following all
the traffic laws and respecting each others’ space. Bicycle accidents can be
some of the most dangerous and deadly, so bikers and drivers are better off
proceeding with caution when driving near each other in the busy downtown loop.

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

Train Operator Involved In Blue Line Crash Fired By The CTA

Date April 4, 2014

Posted by abryant633

The CTA Blue Line crash which occurred last Monday at O’Hare airport has been all over the news the last few weeks. One area of contention that I discussed earlier this week was the condition of the train operator at the time of the train accident. There were conflicting reports on how many hours she had worked in the days prior to the crash. The operator freely admitted to National Traffic Safety Board (“NTSB”) that she had dozed off prior to the crash and that she had also nodded off to sleep back while working back in February. Well, the New York Daily News is reporting today that the train operator has been fired. It is unclear whether this will affect the lawsuits that have been filed against the CTA on behalf of some of the injured passengers. The NTSB is also awaiting investigation results on why the emergency braking systems did not stop the train immediately prior to the accident. I’m sure there will be more news to report in the weeks to come on this always changing case.

If you or someone you love has been injured in a Chicago train accident, Chicago bus accident or Chicago car crash, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 773-456-8858.

CTA And Union Having A War Of Words Following Train Accident

Date March 31, 2014

Posted by abryant633

Following the Blue Line CTA crash at Chicago’s O’Hare airport last week, there has been a war words
between the Union chief and the CTA regarding the train operators condition at
the time of the train accident. Both sides are using the media to argue their
version of events. According to the Chicago Tribune, Union head,
Robert Kelly, said the operator had worked
69 hours in the seven days prior to the train crash. She was a fill-in employee,
known as an “extra board,” meaning she called in around 4:30 p.m.
each day to learn her shift, he said.

CTA spokesman Brian
Steele disputed Kelly’s claim about the operator’s hours, saying she had worked
55 hours in the seven days preceding the incident and was off for 18 hours
prior to her shift during which the incident occurred. In the previous week, the
operator’s longest shift was 9.2 hours, Steele said.

The CTA accused the
outspoken union leader of making “untruthful and irresponsible”
claims in an attempt to interfere with the investigation into the crash, which
injured at least 30 people and caused more than $6 million in damage to the
train and station.

“As has become his
common response in issues involving his union, Bob Kelly is again providing
false and misleading information in an effort to distort the truth and divert
attention away from his union,” the CTA said in a statement shortly after
Kelly spoke at a press conference.

Regardless of how many
hours the operator had worked in the days prior to train crash, it is
undisputed that she had dozed off, which would probably be considered negligent
behavior. The CTA is responsible for its’ employees negligent behavior
regardless if she is a member of a Union. Further, there is the issue of
whether the emergency brake was working at the time, which should have
prevented the train for derailing. As I wrote last week, the NTSB already
stated that the emergency brake did not activate at the time of the train
crash. I’m sure more will be learned as the investigation continues.

If you or someone you
love has been injured in a CTA train crash, Chicago bus accident or Chicago caraccident, then call Chicago personal injury attorney, Aaron Bryant, for a freelegal consultation at 312-588-3384.

Are New Regulations Coming For Illinois Ride Share Companies?

Date March 26, 2014

Posted by abryant633

I wrote last week about ride share
companies like Uber and Lyft, and their decision to retain insurance policies
that would cover their drivers during periods they were driving and searching
for fares or in between fares. According to ABC 7 News, state
legislators and city officials are continuing their push for more regulations
that will insure that both the drivers for these companies and the vehicles are
to drive. A lawsuit has been filed by cab companies in federal court to
put a halt to ride share companies because they do not believe they undergo the
same scrutiny as their companies and drivers go through. This may change with
proposed local and statewide legislation that is on the table.

In Chicago, before a cab driver can
become licenses, he or she has to go through a thorough background check, which
includes: fingerprinting each new applicant
for background check with the CPD; applicants must submit a “court
purposes” certified copy of their Illinois motor Vehicle record that is
issued by the Secretary of State; applicants red-light/speed camera ticket
history and any debt with the City of Chicago; and they also have to pass a
drug test and a physical exam administered by a licensed IL physician.

Currently, drivers
for ride share companies like Uber and Lyft do not have to undergo any of these
background checks or testing by the city or state (though it was reported that
the companies themselves do their own background checks). A new city ordinance
called the Transportation Network Providers ordinance (TNP) would change this.
Under the proposed ordinance, TNP companies will be required to conduct
background checks to ensure that all drivers maintain no disqualifying criminal
and driving records, undergo training, and operate vehicles that meet annual
inspection requirements.

One area the ride
share companies appear to better protect consumers than cab companies in
through insurance. All of the ride share companies require their driver carry
their own basic insurance ($50,000/$100,000), plus an umbrella policy of
$1,000,000 that each company carries. Cab companies are only required to carry
a minimum of $350,000 in insurance.

I agree with the
above proposed legislation. Ride share drivers are performing the same task as
cab drivers and they should be required to undergo the same background checks
and safety training. The only way to insure this would be through the proposed
city and/or state legislation. Hopefully this will insure the safest possible
drivers for the consumer.

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

Questions Remain Following Blue Line Crash At O’Hare

Date March 25, 2014

Posted by abryant633

Very early Monday morning, a Blue
Line train carrying passengers pulled into the station at O’Hare airport, but
instead of stopping, it derailed and crashed into a commuter escalator. As a
result of the train crash, thirty (30) passengers were injured. The Associated
Press reported today the train was not speeding as it drove into the
station. National Transportation Safety Board (“NTSB”) investigator Ted Turpin said a preliminary review of
Monday’s derailment at O’Hare International Airport showed that the train was
traveling at 25 mph — the correct speed — as it entered the
station. Turpin, who is in charge of the investigation, said an automatic
emergency braking system was activated on the tracks, but that it failed it
stop the train as it headed for the platform. “It activated,”
Turpin said. “That’s all we know factually. Now, whether it did it in time
or not, that’s an analysis that we have to figure out.”

Another issue that
has raised eyebrows is the possibility that the conductor of the train was
drowsy at the time of the train accident. Several news outlets have reported
that the conductor may have dozed off at the train crash, which would mean he
or she did not brake on time. That is why there is an emergency brake, but
according to the above reports, did not work properly.

If the injuries
sustained by any of the passengers were severe enough, then there will
definitely be lawsuits filed against the Chicago Transit Authority
(“CTA”). The basis of a Complaint at Law will be based on multiple
allegations. First, the driver negligently operated the train by not braking
on time. Second, the CTA was negligent for possibly allowing one of its’
employees to work too many hours or days in a row, thus leading her to doze
off. Third, the CTA did not have a properly working emergency brake, as it
clearly did not prevent the train from stopping or derailing. It could be
alleged that the emergency braking system was not properly installed. This
could in turn lead to lawsuits against the manufacturer or the subcontractor
who installed and/or maintained the emergency braking system. The answers to
these questions will not be known until the NTSB and other experts complete
their full reports on the accident. Regardless, there a liable parties out
there that could have prevented this train accident.

If you or someone
you love has been injured in a Chicago train accident, Chicago CTA crash or
Chicago bus accident, the call Chicago personal injury attorney Aaron Bryant
for a free legal consultation at 312-588-3384.

Uber & Lyft Expand Insurance Coverage Following Pressure From Chicago and Illinois Legislatures

Date March 17, 2014

Posted by abryant633

We have heard of new companies like
Uber and Lyft that have taken over the ride share community in Chicago. A
simple app on your phone will help you track down a driver to take you
somewhere in the city. Uber and Lyft are similar to taxis but can be a little
more expensive but users prefer the convenience and appreciate the fact that
the vehicles are usually nice and provide more room than your typical taxi
(think town car or luxury SUV).

While these companies have taken off
Chicago and state officials are cracking down on them to determine if there is
sufficient insurance coverage for passengers and other drivers. WBEZ (NPR)
radio reported last week the steps that the Illinois Senate and the city has
taken to ensure there is enough insurance coverage in case an Uber or Lyft
vehicle is involved in a car crash. Uber, Lyft and Sidecar require their
drivers to have personal auto insurance, and claim to offer excess liability
insurance of $1 million per incident, but have declined to share copies of that
policy with WBEZ and others. The problem, said witnesses at the hearing, is
that the excess policies are not triggered until a driver’s personal insurance
is exhausted — and personal insurance policies explicitly preclude coverage
for commercial use of a vehicle. Sandoval noted that Lyft and Uber
recently changed their policies to “drop down” to serve as primary insurance in
case a driver’s personal policy declines to cover damages from an accident. But
insurance industry representatives said they could not verify if that covers
the insurance gap without seeing copies of the policy. They also noted other
problems with the excess policies, namely the companies’ stipulation that the
coverage applies only when a driver has accepted a fare, until that ride has
ended.

Well, the pressure from subpoenas by
the city and the Senate Committee hearing last week has apparently forced these
companies to act quickly. Uber announced late last week that their insurance
will now cover their drivers when they are out and about searching for
fares. Travis Kalanick, CEO of Uber, held a conference call with reporters
to discuss an extension of its coverage to periods when drivers may be looking
for passengers. “What we’re announcing today is that for the period of
time between trips, when the app is open and the driver is essentially
available for requests, we are announcing that we are rolling out coverage for
Uber partners on uberX nationwide, and that coverage starts today,” said
Kalanick.

City and state legislatures often
receive a lot of criticism for the work they do (or don’t do), but in this case
I think they deserve kudos for focusing hard on this issue. If they had not
issued subpoenas or called for answers then I don’t believe Uber would have
expanded their insurance coverage. This means that if a passenger is hurt in an
Uber or Lyft vehicle, there will be a lot more insurance coverage (one million vs.
$50,000/$100,000) and those other drivers or pedestrians who are injured while
the driver is searching for fares will also be covered. It’s not clear at this
point if Lyft has expanded their coverage like Uber has. I will be interested
to find out.***

***Edit. CBS News in San Francisco (where both companies are based) reported that Lyft is also expanding its’ insurance coverage during the period that where drivers are seeking fares.

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

Mayor Emanuel To ‘Attack’ Chicago’s Pothole Conundrum

Date March 12, 2014

Posted by abryant633

Those of us who live in
Chicago (or any cold weather city) know that there are multiple problems that
come with snow, ice and sub zero temperatures. It’s not just driving through
treacherous roads or walking down icy sidewalks. It’s also the resulting
pothole epidemic that invades the streets of Chicago. Anyone that has driven
through the city the past few months knows that our streets are filled with
potholes – – everywhere. This can be dangerous. It can cause major damage to
vehicles and more importantly lead to a car crash or truck accident. The city’s
residents have responded: Chicago’s 311
call center had received 47,227 complaints about potholes, more than triple the
15,641 calls the city received for the same period in 2011-12 and far more than
the 17,468 complaints it got during the same time frame last winter.

The Chicago
Tribune reported this week about what Mayor Emanuel is doing to combat
this issue. The mayor’s office has sent out 10
pothole-related announcements since Jan. 10 to highlight everything from more
street crews working extended hours to fill potholes to a Web page featuring a
map showing where streets have been patched. Emanuel said at a recent press
conference that the city would deploy “strike teams” to strategically fan
out and fill potholes on the major thoroughfares. The city isn’t adding more
crews, but it will have them focus on the busiest roads on Mondays and Fridays
instead of just responding to keep up with complaints on the 311 line.
According to the city, of the 47,227 pothole complaints the city has received
since Dec. 1, more than 28,878 are listed as resolved while an additional
18,349 have not been addressed, according to city figures.

What is
the mayor to do? Is it realistic to think there is more money to pour into this
situation? Or should this unusually cold and snowy winter be considered an
aberration. Regardless, driving through Chicago this winter is like driving
through a war zone, which includes a lot of dodging and weaving. This is not
safe for anyone. Hopefully the city can move quicker to help resolve this
problem.

If you
or someone you love has been injured in a Chicago truck accident or Chicago caraccident, then call Chicago personal injury attorney, Aaron Bryant, at
312-588-3384 for a free legal consultation.

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