Tag Archives: car crash

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

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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.

Could The City Of Chicago Face Liability In Fatal Lincoln Park Car Crash?

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Multiple news outlets, including the Chicago Tribune and DNAinfo.com, reported last month about a car crash on Lake Shore Drive where a vehicle lost control and skidded into the rowing lagoon just south of Diversey Harbor in Lincoln Park. The driver of the vehicle, Rafael Rodriguez, survived the auto accident but the passenger, Claudia Beruben, was pronounced dead later that night.

This is a very sad case as it was reported that Ms. Beruben left behind a three year old daughter. In a case like this a wrongful death lawsuit could be made by the Ms. Beruben’s estate to provide compensation for her child. The first, and most obvious, defendant in this case would be Mr. Rodriguez. He has already been charged with felony DUI, reckless driving and speeding as it is alleged that he was driving 90 mph on Lake Shore drive, weaving in and out of traffic and had a blood alcohol content double the legal limit. Negligence will be alleged on this count and should easily prevail. Mr. Rodriguez, based on news reports, was not driving as a reasonable person should in that situation.

The second, and more important question, that Ms. Beruben’s car accident lawyer must ask, is whether the city’s actions (or lack of actions) could have prevented her death. News reports have stated that the guard rail was missing in the area where Mr. Rodriguez skid into the lagoon. Apparently it had been removed for repairs following a different accident. There are difficulties involved with suing a government entity. One cannot sue the city of Chicago for simple negligence due to tort immunities. In order for Ms. Beruben’s estate to prevail against the city would be to show that they behaved in a willful and wanton manor by failing to have the guardrail replaced. Willful and wanton is a higher standard than negligence but it does not necessarily mean that the act has to be intentional. Willful and wanton can involve reckless indifference or a conscience disregard for the safety for others. So the attorney’s for Ms. Beruben’s estate must investigate the exact circumstances for the missing guard rail and why it had not been replaced. Was it missing for days? For weeks? This appears to be a precarious location of Lake Shore Drive to have a missing guard rail, and something that should have been replaced immediately even if it required something temporary. If attorneys can provide enough evidence that the city should have replaced this guard rail sooner, then they could convince a jury that the cities actions were willful and wanton and should be liable, or at least partially liable, for the death of Ms. Beruben.

If you or someone you love has been seriously injured in a Chicago car accident or has a Chicago wrongful death claim, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation.

Reckless Homicide Charges Brought In Edgewater Neighborhood Car Crash

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The Chicago Tribune reported last week that the driver, who allegedly caused a fatal car accident in the Edgewater neighborhood, was charged with reckless homicide by States Attorney’s office. Prosecutors said the driver hadn’t been drinking, had a valid license and has no criminal background. Judge Donald Panarese Jr. ordered the Russian native’s passport seized.

The accident killed a 71 year old pedestrian and injured five (5) others when the defendant driver tried to pass a CTA bus on the right side through a parking lane. After striking two (2) pedestrians, his vehicle crashed into another which caused a chain reaction.

As I wrote yesterday regarding the Tony Stewart NASCAR accident, drivers who kill someone with their vehicles are typically charged with reckless homicide, which is often referred to as manslaughter. Since it is difficult to prove intent (i.e. that the driver purposely struck the pedestrians), reckless homicide carries a much lighter prison sentence than first or second degree murder. The defendant driver in this case will also be facing civil liability through a wrongful death lawsuit by the family or estate of the pedestrian who was killed at the scene. He will most likely also be sued for the personal injuries of the five (5) others who were injured.

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

9,000 Red Light Ticket Recipients Will Receive Chance To Appeal

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I wrote recently about the Chicago Tribune investigative article about abnormal spikes in red light camera tickets at various locations around the city. This story made news headlines around the country. The City Council responded last week with a hearing on the issue and announced that they were going to give ticket recipients a chance to appeal.

At a hearing of the City Council Committee on Pedestrian and Traffic Safety, Transportation Commissioner Rebekah Scheinfeld said the city’s Finance Department will send letters to approximately 9,000 motorists who were issued a red light camera. Those people will be invited to get a new review of their case, and if it’s found the violation was an error, they’ll get a refund.

At the hearing, Commissioner Scheinfeld did come to the defense of how the red light cameras work and that there could be explanations for some of the spikes in tickets:

“It is important to note that there are always spikes in any automated enforcement system due to fluctuations in traffic volume and driver behavior where cameras are located. For example, if a street is closed for construction, increased traffic flow on an adjacent street or alternate route might drive up violations for a period of time during that construction. The occurrence of special events or severe weather can also create significant changes in traffic patterns,” she added.

In particular, she noted one spike cited by the Tribune — at 119th and Halsted in May and June 2011 — appeared to be the result of a project to repair the 111th Street and 115th Street bridges over Interstate 57. Shcheinfeld said the city believes drivers likely used Halsted to bypass the construction work by exiting I-57 at 99th and Halsted, then heading south to 119th Street to get back on the interstate.

I have called into question the validity of red light tickets from the beginning. Both former Mayor Daley and now Emanuel have stated over and over that the red light cameras (and speed cameras) are used for safety purposes. I have written in the past and still believe that this is a ruse and merely money grab by the city. There have been studies around the country concluding that red light cameras actually make intersections MORE dangerous because drivers stop quickly and increase the chance of a car crash. You can read one particular study here.

Now we learn that thousands of these tickets may have been erroneously issued. Prior to that we learned that Redflex, the company that handled the speeder cameras, bribed their way into their contract with the city. This lead to a class action lawsuit against Redflex for being unjustly enriched for the work done for their city based on illegal bribes. I have to ask, when to we finally call for end to these types of tickets?  I have to give the city some credit for at least recognizing the possible errors here and the potential for ticket recipients to be refunded their money.

If you or someone you know 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.

 

Rideshare Bill Awaits Gov Quinn’s Signature, While Uber Announces Big Chicago Expansion

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I have written multiple times about the battle between rideshare companies like Uber and their battle with taxi companies. Specifically, I wrote in May about the new legislation passed by the city council, which regulates the rideshare companies by requiring minimum insurance, caps on surge pricing and background checks for its drivers, among others.

The state version of rideshare legislation has passed both the House and Senate and is currently sitting on Governor Quinn’s desk. The state version, which can be read here, is viewed to be much more far-reaching in it’s’ regulation. It would include that all drivers obtain a chauffer’s license. The sponsor of the bill, Mike Zalewski, told Crain’s magazine “I applaud Uber for wanting to grow its business in Chicago. There is no reason why that cannot happen with this law in place to put customer safety first, as supported by a strong bi-partisan majority of the Illinois House and Senate. I hope the governor will sign it into law soon.” Zalewski believes that the regulations are in the best interest safety and welfare of the commuting public.

Meanwhile, Uber announced this month that they plan a huge expansion in Chicago that would add 500 new well paid jobs. They are urging Governor Quinn via social media and other avenues to veto the rideshare bill.

The questions remains for me: what is the best protection for the commuters and for pedestrians? It seems to me that the city legislation that passed in May was a good compromise. It required that companies like Uber increase their insurance coverage to protect injured passengers in case a significant car crash or pedestrian accident. It will be interesting to see what Governor Quinn does in this case and whether he decides to veto. I will be watching this closely and will report and write about it once any news breaks.

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