Tag Archives: Chicago car crash

NASCAR Driver Tony Stewart Could Face Civil & Criminal Charges For Fatal Crash

Date
Posted by

NASCAR driver Tony Stewart made national headlines for a fatal crash that occurred Saturday night after his sprint car struck and killed Kevin Ward Jr. in a Saturday night race at Canandaigua (N.Y.) Motorsports Park. To recap, Stewart, who entered this race despite being scheduled for an actual NASCAR event the next day, had an altercation with Ward Jr. while rounding the track which resulted in knocking Ward Jr’s sprint car to the side of the track. A furious Ward Jr. exited his vehicle and walked onto the race track and pointed his finger at Stewart. As Steward was passing Ward Jr., the back end of his car fishtailed and struck Ward Jr. and ultimately killed him right at the scene.

Criminal Charges:

I can honestly say with a straight face that Tony Stewart will not be facing murder charges for this fatal crash as it appears clear that he did not purposely try to injure or kill Ward Jr. The county sheriff and prosecutor are investigating the case right now and I believe it is possible we could see manslaughter charges against Stewart. According to the criminal law attorney  the level of charge depends upon the intent or what is called mens rea. The prosecutor could conclude that Stewart acted with reckless indifference towards Ward Jr. by driving so close and swerving his car in a way that caused it to fishtail into Ward Jr. The prosecutor may conclude that Steward should have known these actions would cause great bodily harm. These are the types of charges that result often times from drunk driving or reckless driving deaths. The intent (mens rea) was not purposeful but it could be argued that Stewart acted with such indifference towards Ward Jr. that he should be charged. Even if charges are brought, I think this will be a very tough case for the prosecutor because Ward Jr. was acting reckless himself by walking out onto the race track and could be viewed merely as an accident.

Civil Liability:

There is no question that the family of Ward Jr. will file a wrongful death lawsuit against both Tony Stewart and his team and the owners of the race track. The lawsuit will allege that Stewart acted negligently by driving so close and driving in a way causing it to fishtail into Ward Jr. Further, Ward Jr.’s attorneys will argue that Stewart, a veteran driver, should have know that his car could have reacted that way and a fish tail action could have swerved into Ward Jr. Again, like the criminal case, this will be a tough to prove for Ward Jr.’s family because their son acted negligently himself by walking onto the track. Ward Jr., no doubt, will be found at least partially at fault for his own death. This is referred to as comparative fault, which depending on the percentage found by the jury, could reduce any award given to the family. If Stewart (and the race track) are found at least 51% at fault, then Stewart and the race track owners will have to pay damages to the Ward Jr. family for his wrongful death.

This is a case I will be following closely and will definitely be posting about again once we learn more information.

If you or someone you love has been involved in an Illinois wrongful death case or a Chicago car crash, then call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

Chicago Police To Focus On Drivers Who Ignore Cross Walks

Date
Posted by

Despite a pedestrian safety law passed by the state of Illinois in 2010, pedestrian accidents have continued to be a huge issue in the city of Chicago. According to the Chicago Tribune, Chicago averages 3,000 auto pedestrian accidents and 30 pedestrian deaths per year. To combat this issue, Chicago police have organized 60 pedestrian safety enforcement stings planned for this year to draw attention to this ongoing issue. The operations will be conducted close to schools, senior citizen housing and busy retail areas, officials said.

Motorists are required to stop for pedestrians in crosswalks under a state law that took effect in 2010. The law, which carries a possible $120 fine in Chicago and up to $500 in some other jurisdictions, replaced a requirement that drivers yield to pedestrians and stop when necessary.

Chicago police last year issued more than 1,200 tickets for failure to stop for pedestrians at crosswalks, officials said. City officials say their goal is to eliminate half of serious pedestrian injuries during the next five years and the other half five years after that.

As I have written about multiple times in the past, Mayor Rahm Emanuel and Chicago officials have made it a priority to make city streets safe and accessible for bicyclists. I think equal attention needs to be provided for pedestrian safety. We live in one of the most congested cities in North America for motorists, bicyclists and pedestrians, and this type of enforcement is necessary to ensure drivers are following the rules of the road, which will in turn protect everyone – – including pedestrians.

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

Chicago Tribune Investigation Reveals Thousands Of Bogus Red Light Camera Tickets

Date
Posted by

I wrote last week about a class action lawsuit filed against the red light camera technology company, Redflex, that the city of Chicago contracted with for its red light camera enforcement. The basis of the lawsuit was that Redflex unjustly profited from ticket fines after it was revealed that they bribed their way into the contract with Chicago transportation officials.

Shortly after the lawsuit was filed, the Chicago Tribune published an article based on a 10 month investigation about bogus tickets being produced by the Redflex technology. The investigation reported the following irregularities in ticket enforcement:

“Cameras that for years generated just a few tickets daily suddenly caught dozens of drivers a day. One camera near the United Center rocketed from generating one ticket per day to 56 per day for a two-week period last summer before mysteriously dropping back to normal.

Tickets for so-called rolling right turns on red shot up during some of the most dramatic spikes, suggesting an unannounced change in enforcement. One North Side camera generated only a dozen tickets for rolling rights out of 100 total tickets in the entire second half of 2011. Then, over a 12-day spike, it spewed 563 tickets—560 of them for rolling rights.

Many of the spikes were marked by periods immediately before or after when no tickets were issued—downtimes suggesting human intervention that should have been documented. City officials said they cannot explain the absence of such records.”

I think one of two things (or possibly both) will happen. First, the city and Redflex will offer refunds on tickets paid during this period of abnormal ticket enforcement. The second is another class action lawsuit against Redflex and possibly the city. Regardless if this glitch in the system was done intentionally or not (both the city and Redflex stated they knew nothing until the investigation came out), those ticketed on these dates should be reimbursed.

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.

 

Tracy Morgan Files Lawsuit Against Wal-Mart & Truck Driver

Date
Posted by

Famous actor and comedian, Tracy Morgan, has filed a lawsuit in Federal Court in New Jersey regarding the deadly truck accident that killed another passenger in Mr. Morgan’s limousine and seriously injured two others. The limousine was travelling to New York from a show in Delaware when they slowed down for construction on Interstate 95 near Cranbury Township, N.J., and were hit by the truck just before 1 a.m. The vehicle collision forced the limousine into six other vehicles.

The lawsuit alleges negligent and reckless behavior by Wal-Mart and their employee and the complaint specifically states, ““Wal-Mart knew or should have known that it was unreasonable for Mr. Roper to commute more than 700 miles from his home in Jonesboro, Georgia to work at a Wal-Mart facility in Smyrna, Delaware, especially immediately before he was to commence a long shift operating a truck that weighed approximately 30–40 tons.” The lawsuit also alleges that the truck driver fell asleep at the wheel at the time of the accident. 

If it is determined that Wal-Mart and it’s employee were negligent and caused this accident, they will be responsible for Mr. Morgan’s and the other injured passengers’ medical bills, lost wages, pain and suffering and loss of enjoyment of life. Something that is unclear at this point is whether the Mr. Morgan’s attorneys will be seeking punitive damages against the defendants. Punitive damages are awarded above the normal economic (bills and lost wages) and non-economic damages (pain and suffering) as a form of punishment of willful and wanton behavior by a defendant. For example, Mr. Morgan can allege that Wal-Mart consciously disregarded the safety of others by allowing their driver to continue to drive without sleep even though they knew this created an extreme danger to fellow motorists and violated state and federal trucking statutes. This will be an interesting case to follow as it involves a famous plaintiff and defendant but unfortunately truck accidents happen like this to everyday people around the country.

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

 

Illinois Governor Quinn Signs New Boating Safety Bills Into Law

Date
Posted by

It is summer time and the boating season is full swing. If you live in Chicago you can see that Lake Michigan is filled with hundreds of boats daily. The same can be said for lakes throughout the state of Illinois. Boating safety was a priority for Illinois lawmakers in 2014 and according to the Chicago Tribune; Governor Quinn signed 3 new boating safety bills into law.

The sponsor of the bills was State Sen. Julie Morrison, a Deerfield Democrat, whose 10-year-old nephew died when a boater under the influence of alcohol and cocaine struck and killed him on Lake Petite Lake near Lake Villa on July 28, 2012. 

The bills signed Saturday both increase the powers of law enforcement and put new restrictions and requirements on boaters.

Under one of them, a persons’ watercraft can be seized after multiple DUI offenses. In a second bill, all people born after January 1998 will be forced to take a boater safety course and hold a boater safety certificate before they can operate a boat with an engine over 10 horsepower, according to Quinn’s office.

The final bill requires that any water craft that are towing a person display a bright orange flag no less than 12 inches per side.

In 2014 so far, there have been 16 boating fatalities reported on Illinois waterways. Drinking and boating is equally as dangerous as drinking and driving and the penalties for doing so should be stiff. People’s lives are at stake if a boater is driving negligently, untrained and obviously under the influence. Quite frankly, I believe the new law requiring boaters born after 1998 to take safety courses does not go far enough. Why not extend to 1993 (or anyone 21 years and under).

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

Missouri Supreme Court Overrules Trial Court In KC Royals Hot Dog Case

Date
Posted by

Yahoo Sport reported earlier this week that the Missouri Supreme Court made a surprise ruling that could change the way major league sports franchises are held liable for the safety of fans. In this case, a spectator at a Kansas City Royals game was hit in the eye by a hot dog that was being tossed to fans by the team mascot. The injured fan ended up filing suit for his injuries, which included having to repair a detached retina. The team argued at trial that they were not liable for the plaintiff’s injuries based on the “baseball rule,” which protects teams from being sued over fan injuries caused by events on the field, court or rink.  For example, major league sports franchises are not liable for injuries caused by a foul ball, broken bat or hockey puck that goes flying into the stands. The theory behind this common law rule is that foul balls and the like are an inherent risk that come with attending a sporting event and fans should be aware of this risk and their surroundings. The Missouri Supreme Court overruled the trial court and held that the “baseball rule” does not apply to a mascot tossing hot dogs to fans in the stands.

The state Supreme Court said the risk of being injured by a tossed hot dog is not an inherent risk of watching a baseball game. ”That risk is no more inherent in watching a game of baseball than it is inherent in watching a rock concert, a monster truck rally, or any other assemblage where free food or T-shirts are tossed into the crowd to increase excitement and boost attendance,” the court said in its 36-page ruling.

The plaintiff in this case will get a new trial, and the Royals will no longer be able to argue the “baseball rule,” defense. Though the jury, which held the plaintiff 100% liable in the first case, could render the same verdict the second time around. The question will be whether the Royals – – and their mascot employee – – were negligent by tossing hot dogs to unsuspecting fans. The Royals will continue to argue that the plaintiff/fan was at fault as he was not aware of his surroundings at the time of the accident. This will be a question of fact for the jury to answer. Fortunately for the plaintiff, the Royals will no longer be able to argue that they are immune to liability based on the “baseball rule.” It will be interesting to see if other states will follow the Missouri ruling for accidents that may happen involving team mascots or other happenings not directly related to action on the field.

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