Tag Archives: car crash

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.

Illinois’ Distracted Driving Awareness Week Took Place At End Of April

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Illinois’ second annual Distracted Driving Awareness week took place the week of April 20-27.  Illinois Distracted Driving Awareness Week, is a collaboration between the Illinois Association of Chiefs of Police, AAA,  IDOT, Illinois State Police, the Illinois High School & College Driver Education Association and nearly 300 law enforcement agencies in Illinois.  According to the Illinois State Police, the use of a cell phone while driving increases your chances of getting into a car crash by 400%.

Once of the local law enforcement agents that participated in the initiative was the town of Naperville. According to the Naperville Sun, their local police department issued over 350 distracted driving tickets during the month of April.   221 of the tickets were written the week of April 23-27, as part Illinois Distracted Driving Awareness Week. The rest were issued as part of the Illinois Drop It And Drive program conducted from April 16-30, according to a Naperville police news release.

Current Illinois Distracted Driving Laws include: mobile phones may only be used in hands-free mode or wireless earpiece, and drivers under the age of 19 may not use a phone in any way while driving. Breaking distracted driving laws in Illinois is considered a traffic offense, and first violation carries a fine of $75. Second violation has a $100 fine, $125 for third, and $150 for each subsequent offense. Causing an accident which results in injury while breaking Illinois distracted driving laws is considered “Aggravated use of electronic communication device”, carrying much harsher fines and penalties.

Hopefully we will see area law enforcement continue to crack down on distracted drivers throughout the year and not just in April

If you or a loved one 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.

U.S. Traffic Deaths Highest Since 2007

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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.

 

Chicago Announces Launch Of “Vision Zero” Aimed To Eliminate Traffic Deaths

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The Chicago Mayor’s office announced last month that it is launching “Vision Zero” action plan with the goal of eliminating all traffic deaths by 2026. In a press release may Rahm Emanuel state, ““Every day someone is injured or worse as the result of a car crash on Chicago’s streets… these crashes are preventable, and that is why we are stepping up our efforts, developing partnerships with communities and private industry. We are going to use all the resources at our disposal to eliminate traffic fatalities and serious injuries in Chicago.”

All of the details of this new safety program will be released later this Fall, but the press release stated that the plan will look at traffic safety as a public health issue and identify priorities for the City’s engineering and education initiatives, as well as enforcement support for reducing crashes. City departments are currently working with stakeholders and the public to develop the final goals and strategies included in the plan. In 2016, more than 100 intersections will receive additional infrastructure to make it safer for people walking to cross the street. Among these is a Safe Routes to School project on the West Side that has installed 10 pedestrian refuge islands along Madison Street and Chicago Avenue. There are 10 schools located within a half-mile of these high crash areas. The City is also enhancing safety by making traffic signal improvements, resurfacing hundreds of miles of streets, installing speed feedback signs, and adding or improving 25 miles of bike lanes this year.

The city is treating this as a public health issue, as they should. Chicago has seen six bicycle traffic fatalities this year. That number equals the total number of bicycle traffic deaths from last year with three months still yet to go in 2016. Chicago is at a crossroads right now with bicycle safety. Chicago was recently named the top bicycle friendly city in country by Bicycling Magazine. We have more bicycle commuters than ever along with Divvy bike riders crowding our roads. This is a good thing. So are all of the dedicated bike lanes. But bicycle traffic accidents and fatalities are still prevalent. Bicyclers and motorists need to learn to co-exist. We need to be mindful of each other and always observe the rules of the road. “Vision Zero” is the perfect stepping stone to help lead to a better co-existence between bicyclists and motorists. I will be writing more about the initiative once the full plan is announced.

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

Self-Driving Tesla Involved in Fatal Traffic Accident

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Self driving cars are the wave of the future. That is what you will hear from the people at Google and electric car manufacturer, Tesla. Manufacturers state that the technology is foolproof and completely safe. Unfortunately, this may not be true as of yet. News hit the wires over the weekend that a motorist whose Tesla vehicle was on autopilot while driving in Florida, was involved in a fatal car crash with semi tractor trailer.  According to news reports On May 7th at 3:40 p.m. on U.S. in Williston, Florida, 45-year-old Joshua Brown was killed when his Tesla Model S went under the trailer of an 18-wheel semi and the roof of his car was torn off by the impact.

According to Tesla’s press release, this is their assessment of what happened:

“Autopilot engaged when a tractor trailer drove across the highway perpendicular to the Model S. Neither Autopilot nor the driver noticed the white side of the tractor trailer against a brightly lit sky, so the brake was not applied. The high ride height of the trailer combined with its positioning across the road and the extremely rare circumstances of the impact caused the Model S to pass under the trailer, with the bottom of the trailer impacting the windshield of the Model S.”

Tesla CEO Elon Musk also responded fatal traffic accident on twitter. He stated that the Tesla’s radar did not detect the truck because of its height, and thus the radar probably confused it with an overhead traffic sign.

This is obviously a sad and tragic event. But it also proves that self driving cars are not immune to car accidents, let alone traffic fatalities. The National Highway Traffic Safety Administration is currently investigating the accident. How does this event affect the family and/or estate of the deceased driver? Well, if it is found that the truck was at fault for negligently pulling out in front of the deceased, then the truck driver could be held accountable in a normal negligence and wrongful death cause of action. The family could also sue Tesla under a product liability or auto defect count. Their attorneys could plead and argue (with expert testimony) that Tesla’s safety system was defectively designed and built because it could not properly detect the difference between a truck and an overhead highway traffic sign.

Regardless, I believe it is fair to say the self driving vehicles are not completely safe and there may need to be modifications as the technology moves forward.

If you or someone you love has been seriously injured in a Chicago car accident or from a Chicago auto defect, 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.

NASCAR Driver Tony Stewart Named In Wrongful Death Lawsuit

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I wrote extensively last year about the fatal car crash involving Tony Stewart when his sprint car crashed into another driver who had exited his vehicle during the race. The sprint car race took place Canandaigua Motorsports Park on Aug. 9, 2014.

As many recall, a criminal investigation occurred following the fatal car accident and Mr. Stewart was absolved of any criminal wrongdoing, including negligent homicide, often referred to as manslaughter. Manslaughter charges can be sought when the crime does not rise to the level of an intentional act. Rather, the criminal act is based on some sort conscious disregard for others, which leads to another’s death. These types of charges are often brought in fatal drunk driving cases. Regardless, a grand jury was convened and they did not believe that Mr. Stewart’s actions were intentional or rose to the level of manslaughter. The grand jury concluded that Kevin Ward’s death was an accident.

Being cleared of criminal actions did not absolve Mr. Stewart from liability in civil court. The family of the deceased driver has filed a civil wrongful death lawsuit alleging Stewart of gross negligence, saying he gunned his engine and put his car into a skid as 20-year-old Kevin Ward Jr. walked onto the track after a crash at Canandaigua Motorsports Park on Aug. 9, 2014. The car struck Ward, and he was killed. The lawsuit notes Stewart’s reputation for having a temper and claims that Stewart deliberately veered toward Ward after the collision.

It will be interesting to see how far this case goes into litigation and whether the case actually goes to trial. Mr. Stewart’s legal team will no doubt argue that Mr. Ward was negligent himself by exiting his car and putting himself into harm’s way. If this case goes to the jury, I could see them concluding that Mr. Ward was at least partially at fault for stepping out into the track. The key will be whether the Ward family can prove that Mr. Stewart skidded intentionally and that was a negligent act considering he was so close to the other driver. Further, Ward’s family must show that the skidding action caused Mr. Stewart’s vehicle to fishtail and strike Mr. Ward.

If you or someone you live has been involved 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.

Mayor Emanuel’s Motorcade Caught Running Red Lights, Again.

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Despite promises from Chicago Mayor Rahm Emanuel that his motorcade would follow local traffic laws, they were caught by multiple cameras running red lights and even driving the wrong way. Back in January, in response to questions about traffic violations, the mayor responded: “”No one is above the law. Obey the law. Period.  Full stop,” Emanuel said.

Well, according to multiple news outlets, including, ABC 7,  NBC Chicago and My Fox Chicago, the mayor’s motorcade was shown by cameras running red lights at Lake Shore Drive and Belmont and at Cicero and Washington. These events took place on March 14, and March 21.

The videos, which can be seen on the Chicagoist website, clearly show that the violations were done by individual vehicles, not the case of a secondary vehicle trying to keep up with the first. This was the excuse the mayor gave back in January for previous violations.

The mayor’s office has yet to respond to these reports. This is interesting because Mayor Emanuel has stated over and over that red light cameras, speed cameras and pedestrian cross walk stop signs have all been implemented for public safety. These were not implemented for money making purposes, according to the mayor. Then why does the mayor and his staff continued to act as if they are above the law? Why have they not been ticketed and fined for these traffic violations? What if a car crash occurs due to these negligent actions? I’m looking forward to the mayor’s response.

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

Another Megabus Crash Injures 19 Passengers

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Megabus, a discount transport company, popular for their low prices, is in the news again. Earlier this month one of their buses that left Chicago headed for Atlanta was involved in a car crash on I-65 outside Indianapolis. The bus was carrying 63 passengers, 19 of which were injured.

“For unknown reasons [the bus driver] failed to stop before the front of the bus collided with the rear of a semi-tractor trailer stopped in the left lane,” police said. Both the Megabus and the semi sustained “substantial” damage, and all vehicles involved had to be towed, police said.

This was the fourth bus crash involving a Megabus in Indiana since October. “Safety is our No. 1 priority, and Megabus is fully cooperating with the authorities with their investigation into the incident,” Megabus spokesman Sean Hughes said.

That was obviously the appropriate statement by Megabus, but we are left wonder whether Megabus is doing everything they can to ensure their passengers are safe.  Back in 2012 a Megabus crashed in Southern Illinois, killing one and injuring close to 50 others. A blown tire was suggested to be the cause of that accident. I believe their passengers and the public needs to know exactly what precautions are being taken to ensure the buses are safe. What type of inspections are being done? What types of tires are they using and how often are they replaced? What type of training and background screening are done on its’ drivers? These are the questions that need to be asked by the attorneys representing passengers injured in these accidents. These are the questions I would be asking because it appears that they are in the news all too often.

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

Chicago Ranked Again As One Of Worst Traffic Cities

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A new study released by TomTom.com has concluded that in 2015, Chicago has the 8th worst traffic in the United States. According to the study, an average commute that should be 30 minutes is typically 50 minutes in Chicago. The worst times for commuting are Tuesday, Wednesday and Thursday mornings and Thursday evenings. The best times are Friday mornings and Monday evenings. 

Luckily for us who live here in Chicago, the city did not rank in the top ten worldwide for the worst traffic. According to the sturdy, the worst city for traffic in the U.S. is Los Angeles and the worst in the world is Mexico City.

What does this mean for traffic accidents for Chicago drivers? Obviously, this is not good. The more congestion, the higher the odds a commuter will be involved in a car crash. Plus, the added commute time can add to stress levels, which can affect a driver’s ability. I have no data or studies to back this up, and it is simply this writer’s opinion, but I believe if there is bumper to bumper traffic, the more likely a driver will pick up his or her phone and become distracted. Think about it. If a driver is bored and sitting in traffic, doesn’t it seem more likely that they will tool around and text on their phone? I believe so, and I also believe that the more distracted drivers out there will obviously lead to even more car accidents. 

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.