Tag Archives: Chicago car accident

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.

Lyons Township High School Adding Traffic Light & Pedestrian Crossing

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The Chicago Tribue reported this week that the town of Willow Springs has decided to add a traffic light and pedestrian crossing at Lyons Township high school located on Willow Springs Road.

Western Springs officials say the traffic light will make the area safer for motorists and pedestrians for both park and school traffic. A pedestrian crossing has also been installed at Mason Drive.

“It’s been a long time coming, and it is good to finally see this come to fruition,” said Village Trustee Sheila Hansen.

This isn’t the first safety initiative in Willow Springs recently. They have worked alongside the town of Lagrange to improve safety for drivers, pedestrians and bicyclists.

An intergovernmental agreement was signed by the two villages, the park and school districts back in November 2012 that outlined the need for the project. A traffic corridor study was also conducted from 47th Street to Adventist La Grange Hospital between the villages of La Grange, Western Springs and the school district at a shared cost of $18,500, La Grange officials said.

The total cost of the project was listed at $416,000 after bidding last fall, according to budget numbers from the village of La Grange, with $376,000 in federal Surface Transportation Program grant funding, and a $90,000 grant from the Illinois Department of Commerce and Economic Opportunity. The project includes reconfiguration of internal roadways and drop-off and pick-up procedures within the LTHS campus, alignment of the driveway entrances at Denning Park with the proposed signal at LTHS, installation of east-west sidewalk through Denning Park to connect to existing neighborhood sidewalk system, an enhanced crosswalk at Mason Drive and Willow Springs Road, and enhanced school speed zone signs with flashing yellow beacons, according to the proposal approved by the village of La Grange, the lead agency for the project.

It is good to see these suburban communities working together, which will hopefully prevent future accidents. I think it is interesting to see that this initiative did not include any talks about red light cameras or speed cameras that, as we all know, are scattered across Chicago.

If you or someone you love has been seriously 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.

Illinois Police Departments Implementing 2015 ‘Click It Or Ticket’ Campaign

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Illinois State Police along with hundreds of local police agencies around the state implemented the “click it or ticket” campaign, which ran from May 11 through May 25. This time of year officially kicks off the busy traffic season. I did a little research about this program and it was interesting to me to see that the main purpose, according to the Illinois State Police, is not to merely hand out tickets and collect money. The mission of this program is to influence people to buckle up and prevent injuries and traffic fatalities.

According to the buckleupillinois.com website, stated that based on research, certainty of a ticket convinces more drivers to wear seat belts, which in turn decreases injuries and saves lives. Also according to the website, motor vehicle crashes are the number one leading cause of death and disability for Americans between the ages of 4 and 34. You can click here to answer frequently asked questions about “click it or ticket.”

The weather is much nicer but there a many more drivers on the road this time of year. To me, it has always been a no-brainer to wear your seat belt. It shouldn’t matter what time of year or if there’s an increased chance of receiving a ticket. It could actually save your life or at the very least prevent a serious injury.

If you or someone you love has been 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.

Illinois House Speaker Madigan Stands Strong Against Tort Reform

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Many have heard the words “tort reform” on this blog and in media. New Illinois Governor, Bruce Rauner, has been touting tort reform around the state since he took office in January. Tort reform is the big business and insurance industry’s attempted lobby to limit what the injured can be awarded in civil lawsuits. 2005 legislation on capping medical malpractice awards was ruled unconstitutional in 2010 by the Illinois Supreme Court. The Court correctly concluded that this violated a plaintiff’s right to trial by jury.

The Chicago Tribune reported this week that Illinois Speaker of the House, Michael Madigan, held a daylong hearing for the entire House allowing victims of personal injury accidents and medical malpractice to have their stories heard. This included testimony from people like Molly Akers, who told of being incorrectly diagnosed with breast cancer and undergoing an unnecessary mastectomy. Testifying alongside Akers was Linda Reynolds, a Missouri resident who won a $4.5 million judgment but was not able to collect the full amount because of caps on damages in her state. Reynolds said she noticed a lump in her breast in 2003 but wasn’t taken seriously by her doctor. By the time she was diagnosed with cancer, it was too late, she said. Reynolds said the cancer has spread to other parts of her body over the years.

I applaud Speaker Madigan for standing strong against Rauner’s tort reform rhetoric. It’s funny when you hear the Governor and others beating the drum of tort reform and you have to think – – what if that was one of his family members that was misdiagnosed or involved in a catastrophic car accident? I do not believe he would just put his hands up in the air and say, “that’s life.” No, I believe he would react just like all other every day Illinoisans would. He would respond by holding those responsible for their negligent actions. Remember, anyone who has been injured due to the negligence of others has the right to have their day in court. They have the right to have their story told before a judge and a jury. They have a right to be compensated for their losses. Do not forget these fundamental rights when you go to the voting booth and who is trying to take these rights away.

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.

 

 

Illinois State Police Announce Special Traffic Patrols May 12 to May 24

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Summer is upon us and travelling season typically picks up around Memorial Day week. There a lot of travelers on the road beginning that weekend and the Illinois State Police are responding. In a press release, the department announced that officers will conduct special traffic enforcement patrols –referred to as “sTEP” between Tuesday, May 12, and Sunday, May 24, in LaSalle County. The troopers will concentrate on speeding, failure to use occupant restraints and other driving offenses as part of their enforcement efforts. The sTEP program involves a combination of increased enforcement and public information designed to raise public awareness and compliance to all traffic laws.

According to the press release speeding is a contributing factor in 31 percent of all fatal crashes nationwide. In Illinois, speed-related car crashes account for over 40 percent of all traffic fatalities.

I would imagine we will see multiple traffic enforcement programs from state an local police over the Memorial Day weekend, which could include DUI stop zones and extra awareness on distracted drivers. As the weather gets nice there are a lot more of us out on the roads, so be safe.

If you or someone you love has been 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.

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.

Study Shows Teen Drivers Succumb To Distractions More Than Ever

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The AAA Foundation for Traffic Safety analyzed nearly 1,700 videos that capture the actions of teen drivers in the moments before a crash. It found that distractions were a factor in nearly 6 of 10 moderate to severe crashes. That’s four times the rate in many previous official estimates that were based on police reports.

AAA examined more than 6,842 videos from cameras mounted in vehicles, showing both the driver and the simultaneous view out the windshield. The videos were provided by a company called Lytx, Inc., which offers programs that use video to coach drivers in improving their behavior and reducing vehicle collisions.

The videos revealed that distractions were involved in 58% of the car crashes. The most common forms of distraction were talking or otherwise engaging with passengers and using a cellphone, including talking, texting and reviewing messages. Other forms of distraction observed in the videos included drivers looking away from the road at something inside the vehicle, 10 percent; looking at something outside the vehicle other than the road ahead, 9 percent; singing or moving to music, 8 percent; grooming, 6 percent; and reaching for an object, 6 percent.

The videos provide “indisputable evidence that teen drivers are distracted in a much greater percentage of accidents than we previously realized,” said Peter Kissinger, the foundation’s president and CEO. The NHTSA previously reported that only 14% of teen car crashes were caused by all kinds of distractions.

What is the solution to this problem? Drivers of all ages (not just teens) are glued to their phones and unfortunately this includes while being behind the wheel. I have suggested over and over that there should be stiffer penalties for texting or phone use while driving. Should a teen’s license be suspended if they are caught texting and driving? Should there be higher fines? If teens are not afraid of the repercussions that come with texting and driving, then it will be tough to convince them to cease their behavior.

The other alternative could be left to the auto makers. Maybe there is technology on the horizon that would disable all phones in vehicles unless they are in a “hands free” mode.

Regardless, it appears that distracted driving is a much more dangerous issue than first thought, and that legislation and possibly, technology, should be improved.

If you or someone you love has been 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.

The Active Transportation Alliance Opposes Proposed Ban On Traffic Cameras

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The Chicago Sun Times reported this week that the Active Transportation Alliance is not taking too kindly the recent efforts by aldermen to put an end to red light and speeder cameras. The Active Transportation Alliance is a non-profit organization whose mission is to improve safety and conditions for bicyclists, pedestrians and mass transit users around the city of Chicago.

Last week 14 alderman attempted to pass a bill that would eliminate all red light and speeder cameras by 2018. Though the bill failed, the Active Transportation Alliance is not taking any chances. They are pushing a new initiative called “Vision Zero,” which is based on the principles that no loss of life to traffic accidents is acceptable and that red-light cameras that serve as police force “multipliers” are pivotal tools that can prevent crashes.

Ron Burke, executive director of the Active Transportation Alliance, told the Sun Times Monday that he’s concerned the debate over red-light cameras has turned into a game of political football that could culminate in the loss of an “important traffic safety tool.”

He noted that, in 2012, there were more than 77,000 reported traffic accidents in Chicago, with 145 people killed and nearly 21,000 seriously injured.

“This is no time to throw the baby out with the bath water,” Burke said. “If it goes away all together, who’s gonna enforce these traffic laws? Who’s gonna be there when motorists are running red lights and putting people in danger?”

“The reality is that most cities don’t have enough police officers to enforce traffic laws. Photo enforcement is a great way to bridge that gap and effectively multiply the power of the police to enforce the law. If the cameras go away, it’s not likely that red lights are gonna be enforced anymore, or enforcement will be spotty, at best.”

I get where Mr. Burke is coming from here and I respect the mission and the efforts of the Active Transportation Alliance. But if you look deeply at the statistics of accidents since red light cameras were implemented in Chicago, you will see that there has been no “net” safety gain from these cameras. Yes, t-bone car crashes have decreased some, but rear-end traffic accidents have actually increased in the intersections where these cameras are located. What is the community benefit, other than money for the city, if the the cameras do not make intersections safer.

It will be interesting to watch what happens in the coming weeks and months. If Rahm Emanuel wins the election as expected, I do not see him putting an end to traffic cameras. He has steadfastly supported them since day one.

If you or someone you love has been seriously 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.

New Study Shows That Device Would Prevent 59,000 Drunk Driving Deaths Per Year

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Bloomberg News reported last week that a new University of Michigan Study revealed that if a drunk driving device was installed into every vehicle, it could prevent up to 59,000 traffic fatalities every year. Thousands of families are being affected by drunk driving accidents every year. The families of the victims who were not lucky enough to survive have to file a lawsuit through a wrongful death lawyer. These deaths could’ve been avoided with the current ignition interlock technology which has been around since the 1960s. It prevents a vehicle from being started if a driver’s breath registers a certain amount of alcohol. In recent years, some states have mandated their use for convicted drunk drivers.

Typically, this type of device is only required if someone has been charged with a DUI and their license has been suspended for blowing over the legal limit or refusing to blow. For instance, in Illinois, if someone has their license suspended by the secretary of state, they can legally drive during their suspension if the driver pays to have this device installed. Other times, judges can order that this type of device be installed as part of probation for repeat offenders, but if they are charged with another dui then they are going to need legal assistance from a drunk driving accident lawyer. 

It can be assured that this type of technology will seek opposition. First, there will be the cost by automakers and consumers. Will they want to pay for this device and should they be forced to?  Also, it will be interesting to see if there will be any backlash from the ACLU as this could be viewed as an infringement on people’s privacy.

I think safety advocates will view this similar to the seat belt and air bags. Before those two devices who introduced into the marketplace, they were viewed as too expensive and the government pushing too far into what drivers can or cannot do. Obviously, through the years we all know that seat belts and airbags have saved thousands of lives and prevented serious injuries. Further, driving in this country is not a right. Driving is considered a privilege. A privilege that you have to qualify for by passing tests, paying for insurance and following the rules of the road.

University of Michigan’s Injury Center and Transportation Research Institute said in the study, released Thursday, that cost savings from widespread use of ignition interlock technology could outweigh the expense of the devices after three years.

“The goal is to develop a system that can accurately and reliably detect when a driver is above the legal alcohol limit and that could be offered as original equipment in new cars on a voluntary, market-driven basis,” Gordon Trowbridge, a NHTSA spokesman, said in a statement.

“Automakers will have to be convinced, and make sure that the costs of the technology are something that consumers are willing to pay for and they want,” said Adrian Lund, president of the Insurance Institute of Highway Safety.

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.

NHTSA To Focus On Drowsy Driving Prevention

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The Nation Highway Traffic Safety Administration (“NHTSA”) has focused its’ mission in recent years on preventing distracted driving. Multiple campaigns have been introduced to discourage and fight the use of phones while driving. The administration recently announced that, an issue often ignored, is drowsy driving and is an additional issue it would like to combat.

Mark Rosekind, head of the National Highway Traffic Safety Administration recently stated: “While not everybody drinks or texts or speeds, lack of sleep is a problem we all face. And falling asleep at the wheel at 70 mph is a recipe for tragedy.”

The NHTSA admits that there is a lack of research and information about lack of sleep and driving. Though Rosekind did report that he estimates that anywhere from 2 percent to 20 percent of annual traffic deaths were caused by driver drowsiness or fatigue.  But more recent research by the National Transportation Safety Board indicates that up to 1.2 million car crashes are related to drowsy driving and claim 4,000 to 7,000 lives a year, he said.

Part of the campaign will include specific research regarding drowsy driving and exactly how many traffic accidents are caused by lack of sleep. They also plan on researching what specific law are in effect that penalize sleepy drivers. There are a few laws in effect in Arkansas and New Jersey.

I look forward to seeing the results of the research and what exactly they propose to prevent drowsy driving. The obvious answer would be enacting laws that punish people who are driving on a lack of sleep that cause a car accident, especially where the other party is injured. This could be similar to what we have seen regarding distracted driving over the past five (5) years and what we have seen in drinking and driving laws over the last thirty (30) years.

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