Tag Archives: Chicago car accident

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.

Is Siri Just As Dangerous As Texting And Driving?

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A new study by the AAA Foundation for Traffic Safety calls into question the safety of hands-free technology used by drivers. According to a news release posted by AAA last month, dangerous mental distractions exist even when drivers keep their hands on the wheel and their eyes on the road.

The study revealed the following findings regarding the distractions drivers create for themselves while behind the wheel:

  • Tasks such as listening to the radio ranked as a category “1” level of distraction or a minimal risk.
  • Talking on a cell-phone, both handheld and hands-free, resulted in a “2” or a moderate risk.
  • Listening and responding to in-vehicle, voice-activated email features increased mental workload and distraction levels of the drivers to a “3” rating or one of extensive risk.

“These findings reinforce previous research that hands-free is not risk-free,” said AAA Foundation President and CEO Peter Kissinger. “Increased mental workload and cognitive distractions can lead to a type of tunnel vision or inattention blindness where motorists don’t see potential hazards right in front of them.”

AAA is the front runner on this type of research and stated in their press release that legislative action should be considered, much like the ban on texting and driving. They suggest that voice automated technology should be limited to core related driving functions such as climate control and windshield wipers. They also suggest that there should be a ban on voice to text technology related to social media, text messages and emails.

If this research is accurate (which I believe it is), then AAA is at the forefront here and their suggestions should be listened to. To me it makes sense that voice to text functions such as emails, texts and tweets are a distraction and dangerous because drivers often times look down at their phone to check and make sure their texts or emails are accurate.

It will be interesting to see if any states or the federal government takes any action to limit voice to text technology. It could save lives.

If you or someone you love 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.

Odds Of A Vehicle – Deer Collisions In The U.S. Doubles In October, November & December

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State Farm insurance company released a study today that says that the odds of a U.S. driver colliding with a deer is about 1 out of 169. According to the study, those odds double over October, November and December due to deer hunting season.  “Periods of daily high-deer movement around dawn and dusk as well as seasonal behavior patterns, such as during the October-December breeding season, increase the risk for auto-deer collisions,” said Ron Regan, executive director for the Association of Fish & Wildlife Agencies. “Changes in collision rates from year to year are a reflection of changing deer densities or population levels – more deer in a given area increases the potential for collision. Deer populations are also affected by conditions such as new or improved roads with higher speeds near deer habitat, changes to hunting seasons to manage wildlife, winter conditions, and other related factors.”

State Farm provided a list of precautions when driving in areas that are high in deer population:

-Use extra caution in known deer zones.

-Always wear your seatbelt

At night, when there is no oncoming traffic, use high beams

-Avoid swerving when you see a deer Scan the road for deer and other danger signs

-Do not rely on devices such as deer whistles

Remember, if you are unfortunate enough to collide with a deer, and you are injured, you can be compensated for your injuries, medical bills and lost wages if you have uninsured motorist coverage. This is why it is so important to pay for full insurance coverage: including uninsured and underinsured.

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

Illinois Governor Quinn Vetoes Ride Share Bills

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The Chicago Sun Times, Early & Often, political website reported yesterday that Governor Quinn had vetoed the controversial ride share bill that would have put restrictions on companies like Uber, Sidecar and Lyft.

The bill would have required rideshare companies to closely track how many hours each of their drivers averaged on their platforms. Those who offered rides more than 36 hours every two weeks would have to comply with safety regulations similar to taxi drivers — namely, obtaining a public chauffeur’s license, getting fingerprinted and submitting to a criminal background check. Additionally, the companies would have to provide commercial liability insurance identical to that which is required for taxis, for all its drivers — regardless of how many hours they spend on the platform. The governor’s veto ensures that Chicago’s less rigid ridesharing regulations championed by Mayor Rahm Emanuel will stand and take effect later this week.

This was a tough decision for Quinn as he was forced to balance both customer demand with thriving technology versus a protection of the old guard – – here being the taxi companies. The taxi companies are not happy at all as they are held to a much higher standard when it comes to background checks, training and fees for licensing. My issue was whether passengers, pedestrians and fellow drivers would be protected by enough insurance. I think the local ordinance passed in May in Chicago addressed this issue among others. As I wrote here, the local ordinance requires ride share companies and its’ drivers carry $1 million in commercial auto liability per incident while the driver has accepted a ride until the completion of the ride, $1million in commercial general liability per occurrence for bodily injury, personal injury and property damage, and auto liability insurance to cover drivers when logged into app until the driver accepts a ride. Basically, this covered the loophole where drivers didn’t have any passengers in their vehicle but are actively searching for fares. The local ordinance also required a basic driver training course and clean driving record (no misdemeanors convictions such as DUI or reckless driving). It is an endless debate and there’s a chance that the veto is overridden as the original bills passed the Illinois House, 80-26 in June, and would require only 71 votes for an override. The Senate passed the measure 46-8, and would require only 36 to override.

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.