Chicago Red Light Camera Class Action Lawsuit Moves Forward

According the Cook County Record and other news outlets, plaintiffs in a class action lawsuit filed against the city of Chicago for improper red light camera violations has survived a motion to dismiss by the city. The lawsuit, which alleged that the city failed to send a second notice of violation, as required by its ordinances, to give those receiving the tickets sufficient chance to contest them in court, before the city began assessing additional fees and fines for the unpaid tickets. In other words, the suit states that failing to provide the second notice was a violation of offender’s due process.

The city moved to dismiss this lawsuit and the circuit court judge, Kathleen Kennedy, not only denied this motion bet held the following in her ruling:

““The ordinance makes it clear that the city was required to send a second notice before determining liability,” the judge wrote. “The city argues that notices received by plaintiffs satisfied due process because ‘due process only requires notice and an opportunity to be heard’ … Here, plaintiffs’ receipt of a single violation notice does not mean that due process was satisfied when the ordinance mandates that two notices be sent to a non-responder before a determination of liability.”

The plaintiffs in this lawsuit are seeking class action status and this is another step forward in that pursuit. If plaintiffs do reach class action status and are able to prevail at trial, then the city could be facing hundreds of millions of dollars in fees that they must refund to drivers who paid these tickets without receiving the second notice.

It’s worth pointing out that weeks after this lawsuit was filed, the city immediately changed its’ procedure when issuing these tickets. They immediately began requiring they issue the second notice to violators. It will be unclear whether this action would be admissible into evidence if the case makes it to trial. Typically, subsequent remedial behavior by a tortfeasor is not admissible into evidence.

I have been writing in this blog for years now that red light and speed camera programs should end. Studies have shown that they do not provide a net safety benefit to the city as the number of traffic accidents have not decreased since the implementation of these cameras. I will be following this lawsuit closely in the news in the coming months.

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

KC Royals Latest Team To Extend Protective Netting Behind Home Plate

Reigning World Series Champion Kansas City Royals are the latest franchise to announce that they will extend protective netting all the way up the first and third base lines. They are following a recommendation made by Major League Baseball’s commissioner’s office that all 30 teams extend protective netting beyond the typical area directly behind home plate.

The Royal’s netting will extend to the end of each dugout, which will reach first and third base (approximately 90 feet). The Royals along with Phillies, Rays and Cubs have also said they would follow the recommendation. These teams, along with Major League Baseball, are doing the right thing by extending the netting. There have been numerous injuries at various venues, including at Boston’s Fenway Park last summer when a woman was rushed to the emergency room after taking a baseball to the head.

Baseball franchises have protected themselves from civil liability for years by adding a waiver of liability on the back of each of their tickets, stating that by paying for admission into a game they are agreeing to waive any liability to the major league franchises for any injuries that come from flying baseballs, bats etc… Many states, including Illinois, have imposed statutes protecting major league sports teams from civil liability for injuries that could arise from balls flying into the stands and injuring someone. These waivers and statutes have made it virtually impossible for fans to seek compensation for injuries they may have received for these types of accidents. I believe teams have been reluctant to extend netting in the past because they did not want to open the door to future litigation by admitting that the lack of netting created a dangerous atmosphere for fans. Regardless, this is the right move and I believe prevent serious personal injuries to fans that are sitting defenseless to lightening fast line drives and broken bats.

I would like to see all 30 baseball franchises extend their protective netting.

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

It’s Time To Remove Red Light Cameras From Chicago’s Intersections

I have written multiple posts regarding Chicago’s much maligned red light and speeder cameras over the last several years. The issues have concerned the actual validity (do they make our streets safer?) to the overt corruption that took place. The piper is now asking to be paid for the corruption as former Chicago Department of Transportation Office, John Bills, was found guilty in federal court on all 20 counts of public corruption, including bribery and mail fraud. Bill was convicted for accepting cash, luxury hotel accommodations, trips and sporting event tickets from Red Flex, the original company the city hired to handle their red light cameras. Prosecutors estimate Bills received up to $2 million in cash and other perks. Bills awaits sentencing on May 5.

To me this is all kind of a joke, including any sideline camera them selves. Studies have shown, including one performed by Texas A&M University, that Chicago’s red light cameras provide no net safety benefit for drivers and pedestrians. Yes, t-bone accidents have decreased slightly but rear-accidents have actually increased. The only possible benefit to the city (if you believe the studies) is that it is a cash grab. At the same time the cameras’ purpose are being questioned, all of the above corruption comes to light. Red Flex buys their way into city hall, while city official fatten their pockets. How can we possibly take this program seriously. They do not make our intersections safer and the whole history behind the program is corrupt. It is time to remove red light and speeder cameras from Chicago’s intersections.

If you or someone you love has been injured 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.

Loop Link Bus Lines Launch In Downtown Chicago

The Chicago Tribune (among other outlets) reported last month that the Chicago Transit Authority (“CTA”) finally launched the long awaited loop link bus lines. Loop link are bus only dedicated lanes that run through Madison, Washington, Clinton and Canal Streets. The bus only lanes were designed and constructed to increase the speed of bus traffic in the loop, while also making streets safer for bicyclists and pedestrians.

I have seen the construction of these lanes from start to finish, and it has been a huge relief for those that work or live in the loop that the construction is finally completed. One of the touches that the construction includes is a dedicated bicycle lane located adjacent to the bus lanes closest to the curb. Although it doesn’t appear so in the first month of use, the purpose of the loop link is to decrease congestion for everyone: drivers, bicyclists and pedestrians. Also, it’s important to point out that the bus lanes are separated from the normal lanes with raised concrete curbs, which prevent normal vehicles from driving through and using those lanes. You can click here to view a photo of one of the completed bus stop stations from the Chicago Street Blog.

To me this is a huge improvement for the CTA and downtown Chicago. For one, the lanes and stops are aesthetically pleasing. Now, the real question is whether they will help with traffic congestion downtown. It will take more than a month to know exactly understand the effectiveness of loop link and whether car accidents and bicycle accidents will decrease. Regardless, it is a step in the right direction.

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

Traffic Tips For Winter Driving

Although it has been unseasonably warm so far in Chicago this winter, we all know that ice and snow will be here sooner than later. It can be incredibly dangerous to drive through winter weather, and I have provided a list of tips from AAA that will hopefully prepare you for conditions. You can find all these tips and more by clicking here.

Tips for long-distance winter trips:

  • Watch weather reports prior to a long-distance drive or before driving in isolated areas. Delay trips when especially bad weather is expected. If you must leave, let others know your route, destination and estimated time of arrival.
  • Always make sure your vehicle is in peak operating condition by having it inspected by a AAA Approved Auto Repair facility.
  • Keep at least half a tank of gasoline in your vehicle at all times.
  • Pack a cellular telephone with your local AAA’s telephone number, plus blankets, gloves, hats, food, water and any needed medication in your vehicle.
  • If you become snow-bound, stay with your vehicle. It provides temporary shelter and makes it easier for rescuers to locate you. Don’t try to walk in a severe storm. It’s easy to lose sight of your vehicle in blowing snow and become lost.
  • Don’t over exert yourself if you try to push or dig your vehicle out of the snow.
  • Tie a brightly colored cloth to the antenna or place a cloth at the top of a rolled up window to signal distress. At night, keep the dome light on if possible. It only uses a small amount of electricity and will make it easier for rescuers to find you.
  • Make sure the exhaust pipe isn’t clogged with snow, ice or mud. A blocked exhaust could cause deadly carbon monoxide gas to leak into the passenger compartment with the engine running.
  • Use whatever is available to insulate your body from the cold. This could include floor mats, newspapers or paper maps.
  • If possible run the engine and heater just long enough to remove the chill and to conserve gasoline.

Tips for driving in the snow:

  • Accelerate and decelerate slowly. Applying the gas slowly to accelerate is the best method for regaining traction and avoiding skids. Don’t try to get moving in a hurry. And take time to slow down for a stoplight. Remember: It takes longer to slow down on icy roads.
  • Drive slowly. Everything takes longer on snow-covered roads. Accelerating, stopping, turning – nothing happens as quickly as on dry pavement. Give yourself time to maneuver by driving slowly.
  • The normal dry pavement following distance of three to four seconds should be increased to eight to ten seconds. This increased margin of safety will provide the longer distance needed if you have to stop.
  • Know your brakes. Whether you have antilock brakes or not, the best way to stop is threshold breaking. Keep the heel of your foot on the floor and use the ball of your foot to apply firm, steady pressure on the brake pedal.
  • Don’t stop if you can avoid it. There’s a big difference in the amount of inertia it takes to start moving from a full stop versus how much it takes to get moving while still rolling. If you can slow down enough to keep rolling until a traffic light changes, do it.
  • Don’t power up hills. Applying extra gas on snow-covered roads just starts your wheels spinning. Try to get a little inertia going before you reach the hill and let that inertia carry you to the top. As you reach the crest of the hill, reduce your speed and proceed down hill as slowly as possible.
  • Don’t stop going up a hill. There’s nothing worse than trying to get moving up a hill on an icy road. Get some inertia going on a flat roadway before you take on the hill.
  • Stay home. If you really don’t have to go out, don’t. Even if you can drive well in the snow, not everyone else can. Don’t tempt fate: If you don’t have somewhere you have to be, watch the snow from indoors.

I think the last bit of advice is the most important. If the weather is just too treacherous, then stay home or opt for public transportation. If you or someone you love has been seriously injured 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.

City Of Chicago Files Suit Against Red Light Camera Company

The Chicago Tribune reported last month that the city of Chicago has filed a lawsuit asking for $300 million against Redflex, the red light camera company that profited due to a $2 million bribery scheme.

The 20-page lawsuit seeks triple the $124 million Redflex collected on the Chicago contract both before and after it was fired by Mayor Rahm Emanuel amid the scandal, as well as a civil penalty of up to $10,000 for each time the company made a false statement to the city. The lawsuit details an alleged conspiracy in which Redflex executives teamed up with former city official, John Bills, to orchestrate cash payments to him through a consultant acting as a bagman, as well as providing Bills with vacation trips, computers, golf outings and other perks. In exchange, according to the lawsuit, Bills coached Redflex on how to beat its competitors, orchestrated key votes at City Hall, manipulated field tests to favor the company, covered up problems with Redflex’s performance and cost taxpayers millions by encouraging city officials to buy Redflex cameras instead of leasing them.

“Had the City known that these statements were false, the City would have canceled the contracts with Redflex,” the suit alleges. “The City suffered damages in reliance of Redflex’s false statements that it had not engaged in bribery or attempted to bribe any employee of the City.”

The lawsuit is actually an intervention of an existing whistle-blower lawsuit filed by former Redflex executive Aaron Rosenberg, in Cook County Circuit Court last year.

I guess this is an attempt by the city to wipe some of the egg of their face as it was their own employee that was in the middle of the bribery scheme. How is it no one from city hall knew that this was going on at the time that the contracts for red light cameras were being bid on. I hope the city can recoup some of their money but this seems like too little too late for a program that has been drenched in controversy since day one. Not only was Redflex operating under fraudulent circumstances, but the entire purpose of the program has been called into question as it is not clear there is a safety benefit to red light cameras. I will be interested to learn what happens with this lawsuit.

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

Missouri Supreme Court Rules On Red Light Cameras

The Kansas City Star reported this week that the Missouri Supreme Court ruled on the penalty portion of red light cameras throughout the state. Previously, red light camera tickets were treated similar to parking tickets. A violator was mailed their ticket and forced to pay the fine but points were not assessed to their driver’s license. In their recent ruling, the Court held that the violations should be considered moving violations. So the red-light camera company serving many Missouri cities said that the cameras would have to capture the driver’s photo, something their technology allows them to do. In addition, the citation would result in points being taken off a license.

Like in Chicago, many in Kansas City and St. Louis believed that the cameras did not improve safety at busy intersections. According to the Star the Kansas City Police Department prepared a report in May 2012, which concluded that the red-light cameras had positively affected driver behavior, resulting in fewer violations and fewer wrecks at those intersections. The cameras in a few instances also provided video evidence to help solve violent, gun-related crimes.

No such report has been made here in Chicago. In fact, a study done by Texas A&M researchers revealed that intersections with red light cameras actually increased the number of rear-end car accidents, while decreasing the number of t-bone time traffic accidents. The study concluded that their was a zero net safety benefit from red light traffic cameras.
It is unclear at this point whether the Illinois Courts will follow suit with Missouri by ruling that red light tickets will be considered moving violations.
If you or someone you love has been injured 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

Studies Show Summer Is Most Dangerous Time Of Year For Drivers

The Chicago Tribune published an interesting article last month about what we should expect this summer for on the highways in Illinois. Basically, the authors pointed out that that due to the increased number of expected travelers this summer, we should expect more car accidents and traffic fatalities than we saw in 2014. Going into Memorial Day weekend, Illinois already had 15 more traffic fatalities than the same time last year.

While vehicle fatalities have increased 5 percent in Illinois so far this year, motor vehicle deaths nationally increased 11 percent — to 8,250 fatalities — in the first three months of 2015, compared with the same period in 2014, according to an analysis by the National Safety Council, based on preliminary figures from the National Highway Traffic Safety Administration. The traffic safety administration’s official count includes only traffic deaths that occur within 30 days of accidents, whereas the safety council counts deaths that occur within a year of accidents.

Injuries resulting from car crashes in which medical care was received hit almost 1 million from January through March of this year in the U.S., a 26 percent increase from the same period in 2014, the safety council said.

The increase in crash-related deaths correlates to more vehicles on the roads, more total miles traveled and lower fuel prices, officials said.

The leading causes of traffic accidents continue to be intoxication and the use of cell phones. Despite most states, including Illinois, which have outlawed the use of cell phones while driver, not state has banned hands free usage.The National Traffic Safety Board (“NTSB”) and subsequently the the National Safety Council  have called for a ban on hands-free cellphone use of any kind, but no states have enacted laws completely prohibiting the use of mobile devices while driving. Illinois law permits the use of hands-free devices, except in construction zones.

If you are going to be travelling on the road this summer, be sure to buckle up and put away your cell phone.

If you or someone you love has been seriously injured 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

DNA Info Website Produces Fascinating Information On Chicago Speed Cameras

The fantastic website, DNA Info Chicago, published an interesting article about the statistics on Chicago’s speed cameras since 2013.

First a little background on Chicago’s red light cameras. The ordinance went into effect in 2013 and authorized the city to ticket drivers traveling 6-10 mph over the posted limit  with a $35 fine. Violators traveling 11 mph over are fined $100.  The speed cameras planted near parks are active when the parks are open, generally from 6 a.m. to 11 p.m. daily and have a 30 mph speed limit. In school zones, the cameras are on from 7 a.m to 7 p.m. Monday through Friday when school is in session. The speed limit differs from 20 to 30 mph, depending on if children are present in the area.

The article revealed that of the 146 cameras around the city, only 21 (or 1/8) produced the majority of the $58 million the city has collected in fines since the program began in 2013.

The busiest 21 cameras are spread across the city, with 11 on the South Side, seven on the North Side and three on the West Side.The most productive camera can ring up more than $7,000 in fines a day, on average .

The busiest cameras tend to be on stretches where drivers feel comfortable letting loose. The top four revenue-producing cameras, for example, are found on long stretches of open road, sometimes near expressways or industrial areas, with little cross traffic.

I think this information is very interesting because the city has touted the speed cameras as a public safety ordinance, to help protect children and pedestrians in park and school areas. Yet, according to these statistics, the majority of tickets are issued in wide open thoroughfares with very little congestion. Areas that you would assume would have the most of the cameras would be focused on these dense areas. Yes, we all realize that speeding is a leading cause of car accidents and traffic fatalities. In fact, I posted a quote yesterday from the Illinois State Police that said 40% of all traffic fatalities in Illinois were caused by speeding. But, are these cameras actually effective and preventing speeding in areas that require them the most? This article leads us to answer no.

If you or someone you love has been injured 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.

Chicago City Council Approves New Law On Red Light Cameras

The Chicago Tribune reported today that the Chicago city council approved a new “watered down” red light camera ordinance. The ordinance, which passed today and apparently has the mayor’s backing, The latest version requires city officials to meet with the community to present traffic safety evidence before putting in or taking out new red light cameras, but does not give residents the ability to veto a city decision. The measure also calls for the city “to engage an outside academic team” to study Chicago’s red light camera system and give recommendations about how it’s administered.

A previous version that was presented would have have increased the minimum yellow light time at Chicago intersections from 3 seconds to 3.2 seconds and required a council vote before any new red light cameras could be installed.

The Tribune aptly pointed out in their article today that the new ordinance failed to address the issues found in their scientific study performed last year by scientists from Texas A&M. Specifically, failing to address the city’s dangerously short yellow light times, which do not meet national engineering guidelines. Transportation engineering experts say that the city’s 3-second yellow lights, in combination with red light cameras, prompt many drivers to stop short to avoid a ticket. The experts agree that combination is responsible for an increase in rear-end car crashes.

So, I would say this is progress but it seems to be at a glacial pace. Though many aldermen candidates and mayoral candidates ran on platforms that would rid the city of red light cameras, have appeared to have failed to back up their campaign promises. My problem as that we know rear-end car accidents have actually increased at intersections where the city has put some red light cameras yet the city has failed to fully deal with this issue.

If you or someone you love has been injured 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.