Tag Archives: Chicago car accident

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.

Rahm Emanuel Orders Removal Of 50 Red Light Cameras

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After writing over the weekend that the Chicago mayor and city council should remove red light cameras, it was announced yesterday by multiple media outlets that the city would be removing fifty (50) red light cameras.

Red light cameras will be removed at the following locations:

• Ashland and 47th
• Ashland and 63rd
• Ashland and Archer
• Ashland and Diversey
• Ashland and Garfield
• California and 31st
• Central and Madison
• Cicero and Stevenson Expressway
• Cornell and 57th
• Cottage Grove and 95th
• Damen and Blue Island
• Elston and Foster
• Halsted and 63rd
• Halsted and 83rd
• Harlem and Northwest Highway
• Jeffrey and 79th
• Kimball, McCormick and Lincoln
• Narragansett, 55th and Archer
• Osceola and Touhy
• Pulaski and Montrose
• Stony Island and 83rd
• Vincennes and 111th
• Western Ave and 51st
• Western, Armitage and Milwaukee
• Western and Pratt

According to the mayor’s office the removals come as a result of a review of crash data performed by CDOT. Regardless, Mayor Emanuel is not backing down from his overall stance on red light cameras. “Red light cameras help reduce the most dangerous (car) crashes and allow police officers to concentrate on fighting crime, not writing traffic violations, and public trust is vital for this program to be effective,” said Mayor Emanuel.

I believe this is a positive first step regarding driver and pedestrian safety within busy Chicago intersections. If these cameras are viewed to have no net safety impact, then there is no reason to leave cameras in these intersections. I continue to believe that all the red light cameras should be removed because studies have shown that they can make intersections more dangerous. Regardless, I applaud the mayor for taking this initial step.

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

Chicago Sun Times Publishes Editorial On Traffic Cameras

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The Chicago Sun-Times published an editorial yesterday stating that red light and speed cameras should only be used if they make our streets safer. “If red-light and speed cameras don’t have the trust of law-abiding motorists, the program is not being administered properly. Whoever is the next mayor should ensure Chicago streets are as safe – and as fair to motorists – as possible.”

I think we all agree with what the Sun-Times staff has pontificated. If red light cameras and speeder cameras save lives, then they should remain intact. If not, then they should be removed.  The problem with the editorial and with the red light cameras is that they do not actually make our streets safer for both drivers and pedestrians. The Chicago Tribune study that I have discussed over and over concluded there is a zero net impact on the red light cameras. T-bone car crashes are down but rear-end traffic accidents actually increased 22% since the cameras have been installed. If we believe the study to be true, then red light cameras should be removed. They are not preventing auto accidents overall and are not making our intersections safer.

On the other hand, speeder cameras are still fairly new. Mayor Emanuel installed them within the last two years and I have to see any data or studies as to their net effect on public safety. On their face, speeder cameras make sense. Why shouldn’t the city do what they can to prevent speeders from barreling through school zone and city park areas? But if there is no overall decrease in car accidents and pedestrian accidents, then I believe it should be questioned whether the speeder cameras should remain.

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.

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.

Chicago Mayor’s Motorcade Racks Up Multiple Red Light Camera Infractions

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This latest news report is too good to pass up. It is actually funny when you think about it. Red light and speed cameras are an issue that Mayor Rahm Emanuel has touted the last several years and has continuously stated that they are implemented as a safety issue, not a money maker. Well, WGN News reported a few weeks back that Mayor Emanuel’s motorcade has been caught running through red light cameras five (5) times since November 2014. The mayor’s response to these tickets: “Since there’s a tail car, there are some instances where they need to get through a light because they can’t get separated from the first car.”

I will give the mayor credit for stating that he is going to pay the tickets.  “I said I was gonna pay it, that’s what it means when you’re not above the law. That couldn’t be clearer.”

The reason I’m posting this and why I find it so amusing is that Emanuel has repeatedly stated that red light cameras are here to protect drivers and pedestrians. Yet, he seems ok with letting his driver knowingly and purposely ignore red lights. Luckily know auto accidents have resulted from any of this red light violations. Mayoral candidate and current Alderman, Bob Fioretti, has stated that he is going to submit legislation in April that would ban red light cameras. I wonder what Mayor Emanuel’s response will be at that time.

If you 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 State Lawmaker Proposes Statewide Ban On Red Light Cameras

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I wrote a few weeks back about Chicago mayoral candidate, Bob Fioretti’s proposed ban on red light cameras in Chicago. As an alderman, he planned on submitting an ordinance that would outlaw red light cameras in Chicago. This sentiment has gained traction state-wide, as the Chicago Tribune reports that Representative David McSweeney, a Barrington Hills Republican, filed legislation to outlaw traffic enforcement cameras statewide.

McSweeney submitted this bill based on last month’s study published by the Tribune. I wrote about that study, which in essence, concluded that red light cameras provide zero net impact or safety improvements to intersections that hold these cameras. The number of cross-traffic or T-bone collisions have decreased, while the number of rear-end crashes have actually increased. This left the Texas A&M professors, who prepared the study, to conclude that red light cameras were not making the intersections any safer and were merely a money-maker for the city.

The bill would repeal state law that allowed Chicago to grow its red light program into the largest in the nation and also targets the mayor’s new speed camera program that began rolling out last year.

McSweeney said he had not yet discussed the proposed legislation with Madigan or the Democratic leadership in the House.

“At the end of the day, it’s important that we have debate on this issue, that we get a vote on the floor and hopefully ban these cameras,” said McSweeney, who added that Sen. Dan Duffy, R-Lake Barrington, is ready to sponsor the legislation in the Senate. “I am sure I will have a discussion with Speaker Madigan about it very soon.”

It will be interesting to see who acts first, the state legislature or the city alderman. Based on the recent press and scandals these cameras have delivered, I would not be surprised to see either a local or statewide ban of red light cameras by the end of the year.

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

Georgia Man Ticketed For Eating Hamburger & Driving

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The Atlanta Journal Constitution reported that a Georgia man was given a traffic citation for driving and eating a hamburger. More specifically, the officer cited the driver for:  “exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle.”

It does not appear that there is a specific law against eating and driving in Georgia but the officer followed the man for two (2) miles and concluded that he was driving erratically enough that he deserved a ticket.

I did some research and there is no law in Illinois that forbids eating and driving. The Illinois State Police’s website does caution against eating and driving as ways to avoid distracted driving. Their website states: “Stop to eat or drink. Drive-through windows and giant cup holders make it tempting to have a meal while driving, but you’re safer when you stop to eat or drink. If you can’t avoid eating while driving, try to avoid messy foods.”

This may appear as a funny news bit but I believe eating and driving can be just as distracting as texting or using your phone while driving. All it takes is a second or two of not paying attention that can cause a driver to lose control and swerve into another lane or rear-end a fellow driver. This is especially true for messier foods. I agree with the State Police. Put the food down and wait until you can park somewhere to finish your meal.

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.

Chicago Tribune Study: Red Light Cameras Do Not Decrease Car Accidents

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The Chicago Tribune commissioned an independent study with Texas A&M University professors to determine whether Chicago’s red light cameras actually make busy intersections safer for drivers.

The study, which confirms earlier studies by Texas A&M, concluded that the cameras make very little overall difference regarding traffic accidents.  The study, which accounted for declining traffic accident rates in recent years as well as other confounding factors, found cameras reduced right-angle crashes (t-bone accidents) that caused injuries by just 15 percent.  According to a car accident attorney, there was a 22 percent increase in rear-end crashes that caused injuries, illustrating a trade-off between the cameras’ costs and benefits.

“The biggest takeaway is that overall (the program) seems to have had little effect,” said Dominique Lord, an associate professor at Texas A&M University’s Zachry Department of Civil Engineering who led the Tribune’s study.  “So the question now is: If we eliminate a certain type of collision and increase the other and overall it stays the same, is there an argument that it is fair to go with the program?” Lord said. “That is a question that I cannot answer.  “Just the elected officials can answer for that.”

So there is the million dollar question. If there is no safety benefit, and merely an economic one, should the city continue with its’ red light camera program? Mayoral candidate, Alderman Bob Fioretti, stated last month that he would do away with the program and plans on submitting an ordinance in April. What will Mayor Emanuel do? He has yet to respond.

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 312-588-3384.

Illinois Governor Signs Amendment To Jury Law

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On December 19, 2014, Illinois Governor Pat Quinn signed an amendment (Public Act 098-1132), that changes the scope of jury law in this state. First, the new law, which takes effect on June 1, 2015, increases juror pay to $25 for the first day and $50 per day for any after that a juror serves. Second, the amendment decreases the size of a jury from 12 to 6.

These new laws have been getting mixed reviews from the media, including an op-ed in the Chicago Tribune, completely denouncing the new law. The editorial basically states that the new law is a ploy by Plaintiff”s attorneys to curry favor with its jury. I take exception to the Tribune’s take on the new law. Serving as a juror is a tough burden the court system puts on its citizens. Jurors sacrifice their time away from their families, their jobs and money to serve. A minimal bump in payment for their time served is not asking too much to reimburse people for their sacrifice to the community.

I think it is unclear right now what all of the effects will be with a 6 person jury will have over a 12 person jury.  One thing is certain, a juries will be picked much more quickly, which will shorten the length of trials. And most likely juries will deliberate for less time because there are fewer voices in the room. All of these appear to be positives.

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.

Redflex Consultant Pleads Guilty In Red Light Camera Case

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I wrote earlier this year about a federal investigation involving, Redflex, the technology company that previously handled Chicago’s red light camera technology. That federal investigation led to indictments against the Redflex CEO, and consultant and a city of Chicago official for all allegedly being involved in a bribery scandal. The Chicago Tribune reported today that the “bagman,” Martin O’Malley, plead guilty to a single count of conspiracy to bribe a public official. He faces up to five years in prison.

The interesting issue here for me is whether this will affect the pending class action lawsuit against Redflex. The lawsuit, filed earlier this year, alleges that Redflex was unjustly enriched millions of dollars from this contract with the city Chicago because they allegedly received these funds through illegal bribes. It will be interesting to see if the transcripts from Mr. O’Malley’s sentencing hearing will be used as evidence in the class action lawsuit. I will be following this case closely.

No word yet as to whether the city has any plans on ending the use of red light cameras throughout Chicago. I don’t see a change any time soon.

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.