Tag Archives: car accident

Toyota Recalls Popular Highlander SUV

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According to The National Highway Traffic Safety Administration (“NHTSA”), Toyota recalled their Grand Highlander SUV and Lexus TX due to an airbag defect. Specifically, the driver’s side curtain airbag might not deploy during a crash, increasing the chance of an injury. Toyota annunced that it will notify owners once a solution has been found.

The recall is for approximately 145,000 vehicles. In a press release Toyota stated that the affected airbags are located on the driver’s side, and the deployment problem might occur if the driver’s window is rolled down. Obviously, that could increase the risk of an injury during a crash that involves that area.

The recall was announced at the end of July and I have not seen that there has been a reslution to fix the defect. Nor have a seen any news that there have been any serious car accident injuries for traffic fatalaties due to this defect. If you own a Grand Higlander or Lexus TX, please reach out to your local Toyota dealer as soon as possible.

If you or a loved one has been seriously injured in a Chicago car crash or have been injured by an auto defect in the Chicagoland area, please reach out to the Illinois personal injury lawyers at The Bryant Law Group, LLC. for a free legal consultation at 312-614-1076.

Tips To Remember When Involved In A Traffic Accident

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We are in the heart of summer vacation and there a lot of motorists out on the road. Numbers are indicating that the country is inching closer to pre-pandemic levels of travel.

A car accident or a truck accident can be a very stressful moment for many people. It’s improtant to keep your cool and think rationally if you have been involvedin a car crash. Below is a comprehensive list of things you should and should not do if you are involved in a traffic accident.

• Do get names, addresses, license plate and phone numbers of those drivers involved. This includes any witnesses.
• Do call the police immediately or have someone at the scene call for you;
• Do take photographs of scene and your injuries;
• Do take care of your injuries-concentrate on getting better (i.e. go to the emergency room or set an appointment with your primary care physician);
• Do keep records of your medical treatment and time missed from work;       

• Do make sure to purchase adequate full coverage auto insurance, including uninsured motorist coverage in case you are struck by an uninsured driver or the victim of a hit and run;
• Do not talk or give a statement to the other driver’s insurance company;
• Don’t attempt to negotiate with the other driver’s insurance company before your medical treatment is completed;
• Don’t wait months from the date of injury before hiring an attorney, as your right to file claim or lawsuit may be barred; and
• Don’t wait days or weeks from the time you are injured to seek medical attention. Your health comes first and also insurance companies are wary of paying for medical bills if treatment is postponed.

This is not an exhaustive list, but they are simple steps you can take in order to protect your rights as an accident victim. If you or a loved one has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, at 312-614-1076 for a free legal consultation.

The Do’s and Dont’s When When Involved In A Traffic Accident

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It’s wintertime and the roads in Chicago and around the state of Illinois can be treacherous this time of year. A car accident or a truck accident can be a very stressful moment for many people. It’s improtant to keep your cool and think rationally if you have the unfortune of being involved in a car crash. Below is a comprehensive list of things you should and should not do should you be involved in a traffic accident.

• Do get names, addresses, license plate and phone numbers of those drivers involved. This includes any witnesses.
• Do call the police immediately or have someone at the scene call for you;
• Do take photographs of scene and your injuries;
• Do take care of your injuries-concentrate on getting better (i.e. go to the emergency room or set an appointment with your primary care physician);
• Do keep records of your medical treatment and time missed from work;       

• Do make sure to purchase adequate full coverage auto insurance, including uninsured motorist coverage in case you are struck by an uninsured driver or the victim of a hit and run;
• Do not talk or give a statement to the other driver’s insurance company;
• Don’t attempt to negotiate with the other driver’s insurance company before your medical treatment is completed;
• Don’t wait months from the date of injury before hiring an attorney, as your right to file claim or lawsuit may be barred; and
• Don’t wait days or weeks from the time you are injured to seek medical attention. Your health comes first and also insurance companies are wary of paying for medical bills if treatment is postponed.

This is not an exhaustive list, but they are simple steps you can take in order to protect your rights as accident victim. Should you or a loved become seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, at 312-614-1076 for a free legal consultation.

Ford Motors Recalls 1.5 Million Vehicles For Defects

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Earlier this week Ford Motor Company announced to that they would be recalling almost 1.5 million Lincoln and Ford vehicles. The main culprit appears to be the 2011 – 2013 F-150 trucks that contain 6 speed transmissions. According to press releases, the faulty downshift to first gear has caused 5 accidents thus far. Approximately 1.48 million F-150 vehicles will be recalled

Ford spokespeople stated: ” Depending on vehicle speed, a downshift to first gear without warning could result in a loss of vehicle control, increasing the risk of a crash.” Ford is also recalling 27,000 2017 to 2019 Lincoln Continental vehicles , and 4,200 2019 Ford Mustangs silicon contamination in the door latch, which can prevent it from fully engaging.

It is important to point out that auto accidents caused by auto defects are completely different than your normal car accident caused by another driver’s negligence. If the evidence shows that a car crash was caused by a defect in the vehicle (as described above in the F-150 trucks), then the injured party can make a claim or ultimately file a lawsuit based on the auto defect. The complaint will include a count in their complaint against the auto maker alleging the auto defect caused the accident and the resulting damages. In Illinois, a plaintiff must plead and prove that (1) the injury or damage resulted from a condition of the product manufactured or sold by the defendant, (2) that the condition was an unreasonably dangerous one, and (3) that the condition existed at the time the product left the manufacturer’s control. This may sound easy on its’ face, but auto makers and other manufacturers of products defend these cases fiercely, specifically by hiring high paid experts to argue that either to product wasn’t unreasonably dangerous or it didn’t cause the injuries in question. It is important to consult with an attorney if you believe you were injured by an auto defect.

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

Traffic Light Funding Approved For Deadly Stretch Of Devon Ave

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NBC 5 reported last month that funding for a new traffic light has finally been approved on Devon Avenue near Le Mai Street in Chicago’s West Rogers Park neighborhood. This stretch of Devon has dubbed “Devon Speedway” by local residents as drivers are known to zoom by at rates of 60 mph despite a speed limit of 30. The funding finally came to fruition after a young man was rear-ended on his motorcycle and killed last month. This was one of multiple deadly traffic accidents in this area over the last several years. 39th Ward Alderman Margaret Laurino informed news outlets after this last car crash that funding had been had finally been approved for a new traffic light.

It’s a shame that it has taken the city this long to approve a traffic light that was obviously needed years ago. According to this report, a study was supposed to have been performed by the city’s department of transportation (CDOT) back in 2013. The family of deceased motorcycle driver will more than likely file a wrongful death lawsuit against the driver who rear-ended him. I think there is also potential to name the city of Chicago in this lawsuit. Government entities typically have immunity to lawsuits involving negligence unless the entity had notice of the issue (here lack of traffic light) and failed to address the issue. Here the deceased’s family could argue that the city knew as far back as 2013 that this stretch of Devon Avenue was incredibly dangerous and there had been requests for a traffic light, yet they waited five (5) years and after the most recent car accident death to provide the appropriate funding.

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

Another Tesla Autopilot Crash Leads To More Legal Questions

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The Associated Press is reporting another Tesla car crash, which was allegedly traveling about 60 miles per hour, when it rear-ended a fire truck stopped at a red light. The driver sustained a broken right ankle, told police that her car was in autopilot mode and failed to brake before the violent impact decimated its front end.

This is is the fourth Tesla involved in a traffic crash this year while cruising in autopilot. The National Highway Traffic Safety Administration (NHTSA) has launched an investigation into the matter. “Consistent with NHTSA’s oversight and authority over the safety of all motor vehicles and equipment, the agency has launched its special crash investigations team to gather information on the South Jordan, Utah, crash.” the agency said in statement Wednesday. “NHTSA will take appropriate action based on its review.”

For me, the most crucial aspect of this particular case is whether the vehicle owner will seek damages against Tesla for her injuries. Typically in a case like this, the party that rear-ended another vehicle would not be able to seek damages for her injuries as she was the one that was at-fault for the car accident. Our civil justice systems allows parties to seek reimbursement for economic and non-economic damages against at-fault parties. In this case, if the driver can prove that the Tesla software failed by not stopping on time, then she could seek damages under a product liability claim. Unfortunately, product liability cases are very expensive due to the high costs of experts in these types of cases. Regardless, I think the driver here would have a very strong case based on the facts that we know. There are no allegations that the fire truck she rear-ended doing anything wrong. It was merely sitting idle at a red light. The question is whether an attorney will want to take on the cost for this type of case for just a broken ankle.

Another interesting question will be whether the driver’s insurance carrier will seek a subrogation claim against Tesla for the cost of repair or replacing the damaged vehicle. The insurance company could easily ask for reimbursement for the repair or replacement of the vehicle if the evidence continues to show that their driver did nothing wrong. Again, the subrogation claim would most likely come under product liability. This could be the rare situation where a plaintiff personal injury attorney and auto insurance company team up together for the same common goal.

These are some of the very intriguing issues that continue to arise from car accidents stemming from self-driving cars.

If you or someone you love has 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 Aldermen Propose Use Of “Textalyzer” By City Police

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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

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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.

Study: Interlock Devices For First Time DUI Offenders Saves Lives

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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.

Can Chicago’s Speeder Cameras Affect Your Personal Injury Case

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The Chicago Sun Times reported this week that two (2) new speeder cameras were installed this month by the Chicago Department of Transportation. The cameras were activated at 3200 S. Archer Avenue and near Keystone Park at 1754 N. Pulaski Road, 4053 W. North Ave. and 4042 W. North Ave.

According to a personal injury attorney, while in the school safety zones, from 7 a.m. to 4 p.m. drivers must drive 20 miles per hour when children are present and the posted speed limit when no children are present. From 4 p.m. to 7 p.m., drivers must adhere to the posted speed limit, according to a personal injury attorney.

Those who are caught speeding for the first thirty (30) days will only receive a warning. After this trial period, tickets will be issued for those driving over 10 mph of the posted speed limit.

According to a personal injury attorney, a question that often pops up regarding speeder camera tickets is whether the video evidence can affect a car accident and personal injury lawsuit. The answer is yes. Often times when a dispute arises as to who caused a car crash, the parties can turn to the video evidence to determine who was at fault. This is especially true when there is a dispute as to who ran a red light. With the advent of red light cameras and other surveillance cameras, attorneys can request the video footage to help determine who was at fault with the presence of a personal injury attorney. The same thing can now take place if a traffic accident takes place within the speed camera zone. The personal injury attorney who handles the case can file a freedom of information act (“FOIA”) request to the city of Chicago and determine if a party was speeding and if the speeding was the cause of the car accident. If you are unfortunately involved in a car accident then make sure you get legal help from one of the best personal injury lawyers and look for an auto accident injury chiropractor to get treatment for your injuries.

According to a personal injury attorney, the video evidence could also determine how violent the collision was. I think it is important for personal injury attorneys to take a close look at the crash reports and determine if the accident took place in a speeder zone. If so, according to a personal injury lawyer, the video footage could impact the validity of a case.

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.