National Safety Council Reports Auto Accidents Leading Killer Of Teens

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Last month the National Safety
Council (“NSC”) issued a press release regarding teen safety. The
report stated that car crashes are the leading
cause of death for teens in the U.S., and teens crash at three times the rate
of more experienced drivers. Possible reasons for the spike in these crashes
include:

  • Summer driving tends to be more
    recreational and not as purposeful, such as driving to see friends rather
    than driving to
     school or work
  • Teens could be carrying friends
    more frequently and passengers increase the risk of a fatal crash
    involving a teen driver by at least 44 percent
  • Teens may stay out later at
    night, when crash risk is higher
  • With warmer weather and clearer
    conditions, teens may be tempted to speed
  • More drivers are on the roads.
    Americans drove more than 780 billion miles between June, July and August
    in 2013, according to the Federal Highway Administration.

There’s a lot at stake here and it’s
not just teen lives. Their erratic driving can affect the lives of other
drivers, passengers and pedestrians, regardless of age. I think one step would
be more intensive classes and possibly raising the age to drive to 17. Another
step could be stricter penalties if a teenager is ticketed for texting and
driving, especially if a car accident or injuries from a car crash are a result
of the texting. Parents should also take an active role and drive with their
children to ensure they are doing the right things behind the wheel and
following the rules of the road.

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 Bryant, for a free legal consultation at 312-614-1076.

NTSB Issues Preliminary Report In Tracy Morgan Truck Crash

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USA Today reported today that the National Traffic Safety Board
(“NTSB”) issued a preliminary report in the Tracy Morgan truck accident case, which doesn’t bode well for the defendant driver or his
employer, Wal-Mart. The report stated that a preliminary
review of the data showed that the truck was traveling at 65 mph for the 60
seconds preceding the collision with the Mercedes-Benz limo van. NTSB
investigators are correlating these data with the physical evidence. The speed
limit at the traffic accident scene was 45 mph. The speed limit had been
lowered from 55 mph due to construction in the area.  

It was previously
reported nationally (and on this blog) that the driver had not slept for 24
hours prior to this crash. The NTSB report is now saying that electronic
log data show that Roper “had logged 9 hours 37 minutes of driving time
when the crash occurred. With respect to the maximum 14-hour consecutive duty
period for commercial motor vehicle drivers, the driver had logged 13 hours 32
minutes at the time of the vehicle collision.”

Although it’s early, it appears that
the truck driver was negligent in this case and will be responsible for the
damages he caused to Tracy Morgan and the other passengers in his limousine.
Further, Wal-Mart is ultimately on the hook for the damages as they are
responsible for any negligent actions caused by one of its drivers during the
course and scope of their employment. 

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

No Injuries Reported In Last Night’s CTA Orange Line Derailment

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There was CTA Orange line derailment
during rush hour yesterday in the downtown loop, which luckily, did not cause
any injuries to its passengers. The actual track, just south of the Van Buren
stop, suffered quite a bit of damage. When one of the wheels became derailed,
it cut the rail fasteners and wood atop the
inner track of the Loop ‘L’ structure, sending wood and steel raining to the
pavement from State to LaSalle along Van Buren.

No injuries have
been reported but due to the damage to the track, there were hours of delays
right during the busiest time of day for train commuters.

The CTA has not had
the best year, publicity wise, so far in 2014. Several months back, a blue line
train operator admitted to dozing off while pulling into O’Hare airport. As a
result, the train did not stop in time and the emergency brake did not activate,
causing the train to derail and crash up into the upstairs escalator.

Hopefully this will
be the last derailment we see in Chicago for a while. This derailment appears
to be a mechanical issue rather than human error. Though no official report
from the CTA has been released regarding the cause of the CTA train derailment. 

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

Trucker Safety Laws Called Into Question Following Tracy Morgan Truck Accident

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Over the weekend a fatal truck accident in New Jersey claimed the life of one person and critically injured
three others, including famous comedian, Tracy Morgan. Court papers filed in
charges made against the truck driver who allegedly caused the traffic accident,
claim that he had been awake for 24 hours prior to the accident.

Interestingly, a few days prior to
this accident, the Senate Appropriations Committee passed an amendment  that would suspend a requirement that truck drivers rest for at least 34 consecutive hours — including
two nights from 1 a.m. to 5 a.m. — before beginning their next work
week. The so-called “restart” regulation was among a number of
changes that took effect last summer with the aim
of reducing driver fatigue. According to a truck accident lawyer the new rules also limit the maximum average work week for truck drivers to 70 hours, a decrease from the previous maximum of 82 hours, and require drivers to take a 30-minute break during the first eight hours of a shift. 

The measure was pushed by Sen. Susan
Collins (R-Maine). The amendment it still needs to be adopted by the full
Senate and reconciled with appropriations legislation drawn up in the House.

This new bill is laughable and I see
very little chance of it passing the full Senate. Especially now that truck
driver fatigue is being pushed to the forefront after this tragic
accident. 

So what can be done to prevent
situations like this where the driver feels squeezed to meet his or her
deadline? The transportation companies – – and in this case Wal-Mart – – need
to heed the responsibility. Trucking companies are already responsible for the
negligent actions of their drivers. In this case, both the Wal-Mart and their
driver will be sued in civil court for the death of one passenger and the
injuries, bills and lost wages of the 3 others that were injured.  Is this
enough to prevent companies from putting their drivers in a time crunch where
they are missing breaks and/or sleep? Instead of rolling back the measures (as
discussed above) that were implemented last year, I think the Senate should
consider penalizing companies who ignore the federally regulated timelines.
Lives could be at stake.

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

Chicago Presses Forward Towards Goal Of More Bike Lanes

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Chicago officials
continue to press forward towards their goal of 100 miles of bicycle lanes
throughout the city. Currently, Chicago has about 50 miles of bicycle lanes
throughout the city. There are designated lanes, which are blocked by a
separate parking lane, on stretches of Dearborn in the downtown loop and on
Milwaukee Avenue. The city spent about
$2.7 million last year designing and building bike lanes, at a cost averaging
$67,000 per mile, according to the Chicago Department of Transportation.
There are plans in the works for an additional 40 miles of bike lanes to be
implemented within the next year. Chicago has set a goal of increasing the
citywide bicycle commute-to-work rate to 5 percent, up from about 1.6 percent
currently, or about 26,300 average daily bicycling trips, according to U.S.
census and other data.

The Chicago
Tribune had an interesting
article over the weekend that discussed some of the concerns from bicyclists
have about where the designated bike lanes will be installed. Specifically, on
Lake Street, which is narrow, often littered and covers multiple bridges. 

The question remains as
to whether bicyclists and motorists will be safe from each other once these
additional bike lanes are added. I think the lanes that are protected by the
additional parking lane are very effective as it adds a distinct barrier
between the two. In other words, motorists and pedestrians know that those
lanes are for bicyclists only and hopefully provide awareness and respect towards
the bicyclists. I will be interested to see statistics for bicycle accidents
once all of the new lanes have been added for a period of time.

If you or someone you
love 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. 

GM Denies Reuters Report Linking Them To 74 Traffic Deaths

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Time reported today that General Motors
(“GM”) is standing by its’ initial stance that their faulty ignition
is only responsible for 13 traffic fatalities. This statement was made in
response to a report from Reuters, which concluded that the faulty ignition in
GM vehicles was actually responsible for the wrongful deaths of at least 74
individuals.  Reuters
calculated its number using the Fatality Analysis Reporting System (FARS), a
government database that contains traffic accident reports from U.S. law enforcement
agencies. GM, however, says it uses more detailed information when
investigating accidents.

GM and Reuters both looked at accidents wherein drivers or
passengers in the front seat were killed in head-on vehicle collisions with one other
vehicle during which the GM vehicle’s airbag did not deploy.

GM recalled 2.4 million vehicles over the past several months
after it was discovered that a problem with their ignition switch caused cars
to shut off while driving, disabling power steering, anti-lock brakes and airbags.

The National Highway Traffic Safety Administration did not
comment on the Reuters figures, but it previously said the final number of
deaths will likely be higher than 13.

I will be following this story closely to see if additional
wrongful death lawsuits arise as a result of GM’s faulty ignition. GM is also
looking at consumer protection class action lawsuits based on the recalled
products.

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

Illinois Supreme Court Hears Red Light Camera Class Action

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Last month the Illinois
Supreme Court heard arguments on the controversial red light camera ordinance
enacted by the city of Chicago back in 2003. Plaintiffs for the class argue
that cameras were approved and installed by the city prior to the state legislature
passing a law that would allow this type of ticketing system at
intersections. 

The
suit contends the technology’s implementation conflicted with state statutes
that sought to keep driving policies consistent across Illinois. It also says a
subsequent state law enabling Chicago’s ordinance — and the installation of
cameras in collar counties and the Metro East area near St. Louis — was
arbitrarily localized and, therefore, in conflict with the state constitution.

The
lawsuit further argues that since the state law (which was passed in 2006) only
applies to Chicago, surrounding collar counties and St. Louis Metro East
counties, it violates that state constitution because which prohibits
“special” or “local” laws in cases when a more general law is possible. The
lawsuit states: “because (the law)’s designation does not distinguish on
the basis of municipal population, congestion, traffic patterns or vehicle
accidents, cities like Springfield and Peoria, pedestrian-dense college towns
like Champaign-Urbana and Bloomington and rapidly-growing suburbs like Oswego,
may not enjoy the financial and claimed safety benefits of red-light cameras
because they are in the ‘wrong’ counties.”

If the
Illinois Supreme Court agrees with the plaintiffs’ arguments, then there will
be thousands of $100 refunds coming back to Illinois citizens.

I find
this lawsuit fascinating because it is looking at a constitutional question as
to whether these laws are valid. I think the more important question  is whether the cameras actually make intersections safer. Are there fewer
car accidents in these areas since the installation of the cameras? Opinions
vary on this matter. The city says, yes, that car crashes and traffic fatalities are down in these specific areas. As I’ve written on this blog
before, there have been studies around the country that the cameras actually
make intersections more dangerous and this is nothing more than a revenue
generator for cities and counties. I’m looking forward to seeing the ruling
from the state Supreme Court.

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

Chicago City Council Passes Rideshare Ordinance

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In a vote that won by a
margin of 34 to 10, the Chicago city council passed a new ordinance that
regulates rideshare companies like Uber and Lyft. Although the new legislation
puts tighter restrictions on these companies, they did not go as far as the
taxi companies would like. There could be further restrictions coming from the
Illinois Legislature within the next few months. A bill has already passed the state House.  the taxi companies have been
lobbying hard within the city and state, looking to ensure that rideshare
companies undergo the same scrutiny that they have been under for years.

The new ordinance
delineates the types of drivers into two categories. Class A drivers
average 20 hours or less per week taking fares and Class B averages more than
20 hours per week. Below is a complete breakdown of restrictions that the
ordinance will require.

Rideshare Class
A:

Fares: Based on a suggested donation, distance
traveled, time elapsed during the trip, both time and distance, or a flat,
pre-arranged fare. Cannot pick up street hails or use taxi stands.
Surge pricing: Must notify the public during price surge periods and provide
riders with a fare quote in actual dollars in addition to the rate multiplier.
City has the right to cap surge pricing.
Licenses: Pay $10,000 for an annual transportation network provider
license.
Insurance: Have $1 million in commercial auto liability per incident
while the driver has accepted a ride until the completion of the ride, $1
million in commercial general liability per occurrence for bodily injury,
personal injury and property damage, and auto liability insurance to cover
drivers when logged into app until the driver accepts a ride.
Advertising: Prohibited on or in rideshare vehicles.
Vehicles: Must pass city-approved vehicle inspection standards. Could
permit smoking. No vehicle age limit. Must display distinctive signage visible
for at least 50 feet.
Drivers: Must be 21 years old and have a valid driver’s license. Cannot
drive more than 10 hours with a 24-hour period. Must complete city-approved
driver training program.
Background checks: Must pass city-approved background check process as conducted
by the rideshare company. Cannot within 12 months have had license suspended or
revoked or convictions of reckless driving, hit and run, driving with a
suspended or revoked license, or more than two moving violations; Cannot have
convictions within five years for felonies, DUIs, crimes of moral turpitude,
sale or possession of controlled substances or any criminal sexual abuse.
Airports/convention center: Prohibited unless the city deems
pick-up safe without disrupting traffic flow and collects a tax from companies.
Accessibility: Required to have apps accessible to visually and
hearing impaired by Jan. 1. Pay 10 cents per ride by a non-wheelchair accessible
vehicle into the accessibility fund. Must offer accessible vehicles and can
contract with third-parties to deliver service.
Ground transportation tax: Pay 20 cents per vehicle per ride
accepted.

Rideshare Class B:

Fares: (Same as Class A) 

Surge pricing: (Same as Class A) 
Licenses: Pay $25,000 for an annual
transportation network provider license. Need a restricted public chauffeurs
license for rideshare drivers. 
Insurance: (Same as Class A) 
Advertising: (Same as Class A) 
Vehicles: Must pass 21-point inspection
annually from third-party licensed mechanic. Allowed to be up to six years old.
Could permit smoking. Must display distinctive signage visible for at least 50
feet.
Drivers: (Same as Class A) 
Background checks: (Same as Class A with
the exception that the city will conduct the background check and drug
test.) 
Airports/convention center: (Same as
Class A) 
Accessibility: (Same as Class A with the
exception paying $100 per year for each non-wheelchair accessible vehicle into
the accessibility fund.) 
Ground transportation tax: Pay $3.50 per
each day the vehicle is used to provide service.

I agree
with what the city council has done in this situation. Specifically, I agree
with the requirement that each vehicle carry $1,000,000 per accident in
insurance coverage and that the drivers undergo background checks and must pass
driver tests. I believe this will better protect passengers and pedestrians and hopefully prevent traffic accidents. One problem I foresee is how it will be determined
who is a Class A or B driver. The city is putting this on the rideshare
companies to monitor themselves. Do we really know or believe that these companies
will follow through and monitor how many hours each of their drivers will be
working and then implement the appropriate restrictions? I guess we will have
to wait and see.

If you
or someone you love has been injured 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.

Study Reveals Pregnant Women In 2nd Trimester More Likely To Be Involved In A Car Crash

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reported about an interesting new study last week from CMAJ, the Canadian Medical Assn. Journal, regarding
the frequency of car accidents of pregnant women. The study identified
more than 500,000 women who gave birth in Ontario during a five-year period
from 2006 to 2011. They combed through data from Ontario hospitals to see how
often they got into serious car crashes during the three years before they
became pregnant; during each trimester of their pregnancy; and for the first
year after their babies were born. The researchers counted up a total of 6,922
car crashes, which worked out to about 4.55 car crashes per 1,000 women per
year. That was more than double the population-wide average of roughly 2
crashes per 1,000 people per year. During the first month of the first
trimester of pregnancy, the crash rate fell slightly to 4.33 crashes per 1,000
women, the researchers found. However, that difference was too small for the
drop to be considered statistically significant.

ehicle collisions per 1,000
women per year, according to the study. That was the most dangerous month for
pregnant women behind the wheel. For the entire second trimester, the car crash
rate was 6.47 vehicle collisions per 1,000 women per year, which was 42% higher
than during the baseline period.

Chicago car accident or Chicago truck accident, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-588-3384. 

Study Shows Chicago Among Safest Cities For Pedestrian Accidents

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Though the numbers show
pedestrian auto accidents and pedestrian deaths have been on the rise in
Chicago and around the country since 2007, a new study reveals Chicago is one
of the safest among big cities. The Chicago Sun Times reported
about a study titled “Dangerous by Design,” performed by the National
Complete Streets Coalition. The study revealed that Chicago ranked number 45 among the country’s
51 largest metro areas for pedestrians killed per 100,000 residents over five years,
from 2008 to 2012, according to the study. 

I
think Chicago officials need to be recognized for their part in trying to make
streets safer for pedestrians.  In 2012, then-Chicago Department of Transportation
Commissioner Gabe Klein included a goal of zero traffic fatalities by 2020 in
his 2012 “Chicago Forward” plan.  It called for 20-mph zones in all city
residential areas, as well as more mid-block crossings, refuge street “islands”
and crosswalks. Other elements: giving pedestrians signalized head-starts ahead
of cars at intersections; more pedestrian countdown clocks at signal lights;
speed cameras around parks and schools; and continued red light camera speed
enforcement.

Since then, city pedestrian fatalities have
dropped from 47 in 2012 to an estimated 29 in 2013, said CDOT spokesman Pete
Scales. “We’re starting to make headway,” Scales said.

It will be interesting to see if Chicago
reaches the goal of zero fatalities by 2020. The city is definitely doing their
part, although I would like to see more data and studies in school and park
zones where the speeding cameras have been installed.

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