Wisconsin Woman Accused Of Using Facebook At Time Of Car Crash That Killed 3

The Chicago Tribune reported last month that the driver of who was involved in a car crash that killed three (3) children may have been chatting on Facebook with her phone right before the accident.

Cellphone records show that the driver was sending and receiving Facebook chat messages just before the crash, Pierce County investigators allege.  Authorities believe driver inattention contributed to the Dec. 12, 2013, car crash on Wisconsin Highway 35 near Prescott.

The woman’s SUV collided with a truck after she apparently lost control on a curve. The woman’s 11 year old daughter and two 5 year old nieces died from injuries in the car crash. The truck driver and his two (2) passengers were not injured in the accident.

I have not written about distracted driving in quite some time but this is still a pervasive problem in this country. Studies have shown that texting or emailing while driving can be just as dangerous as drinking and driving. A lack of focus for a second or two is all it takes for a car accident to occur. Texting and driving has been banned in Illinois but questions remain as to whether penalties a harsh enough. I believe if it is found that the texting was the cause of an accident, and there was an injured party, then there needs to be tougher penalties. I believe that texting and driving that causes an injury should be treated the same as a DUI, which is a Class A misdemeanor in Illinois. Class A misdemeanors in Illinois can be punishable up to a year in jail.

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

NASCAR’S Tony Stewart Cleared Of Criminal Charges But Could Still Face Civil Suit

NBC News reported last week that NASCAR driver Tony Stewart was cleared by a grand jury regarding possible criminal charges resulting from the crash at Canandaigua race track, which killed fellow sprint car racer, Kevin Ward, Jr. Ward climbed out of his car and ran out onto the track to confront Stewart, whose car clipped Ward, eventually killing him in the collision.

According to the criminal lawyer, Stewart would not face any criminal charges, including involuntary manslaughter (i.e. negligent homicide). Interestingly, the district attorney also stated that toxicology reports showed that Ward had marijuana in his system, which allegedly could have caused impairment.

Although Stewart is cleared from criminal charges, he could still face a wrongful death lawsuit from Ward’s estate. That lawsuit would most likely come from Ward’s parents (assuming he was not married and without children). The lawsuit would allege that Stewart acted negligently and/or recklessly at the time of the accident by failing to avoid contact with Ward. This lawsuit will be an uphill battle though. First, the decedent, Ward, left his vehicle and ran out onto the track where he should have known he would be dangerously close to speeding sprint cars. Second, based on the toxicology report (assuming was accurate), could be used to show that Ward was in an impaired state.  One thing I will point at is that all of the other sprint cars that passed Ward had no problem avoiding and driving around Ward. Ward’s attorneys could argue that Stewart did not take the proper precautions that all of the other drivers did and he could have easily avoided this accident.

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