Tag Archives: Chicago car crash

Illinois’ New Traffic Laws For 2015

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2014 was a busy year for the Illinois Legislature and outgoing Governor Quinn. Many new laws were passed, including several new traffic and boating laws. Below is a recap of the relevant laws that went into effect on January 1, 2015.

Higher Tollway Speed Limits

Senate Bill 2015, clarified an earlier bill that raised the speed limit to 70 mph on some highways and interstates. This new bill (which was vetoed by Governor Quinn and later overridden by the Illinois House) raises the speed limit on tollways and expressways in and around the Chicago area and metro east St. Louis. The earlier bill did not include the Chicago or St. Louis areas.

Change In Traffic Stops

A new law sponsored by Senator Mike Noland, an Elgin Democrat, allows drivers who are ticketed for minor traffic stops like speeding, are no longer required to hand over their license as a bond assuring they will appear in Court. Now ticketed drivers can sign an agreement promising to pay the ticket or to appear in Court.

Second, there was a new bill outlawing ticket quota systems by police agencies.

New Boating Laws

Sen. Julie Morrison, a Deerfield Democrat, won approval for a new law that requires a boat that’s towing someone to display an orange flag.  This bill was passed in honor of the 2012 death of Libertyville 10-year-old Tony Borcia. Tony died after he fell off a tube being towed in the Chain O’ Lakes and was hit by another boater.

Another allows police to seize the craft of an intoxicated boater in some cases.

As always, I will continue to post and analyze any new proposed or passed Illinois traffic laws.

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

Red Light Camera Operator In Missouri Settles Class Action Lawsuit

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According to the Kansas City Star, more than 100,000 drivers caught by red-light cameras in the Kansas City area (900,000 statewide) could get partial refunds under a proposed settlement of class-action lawsuits announced Friday.

American Traffic Solutions, which has provided the red-light cameras used in Kansas City, Grandview, Excelsior Springs and Sugar Creek, along with 23 other cities across Missouri, said Friday it had agreed to resolve all pending class-action lawsuits on behalf of those communities.

The total value of the settlement is estimated at $16 million, and each plaintiff/class member would receive a $20.00 refund from American Traffic Solutions in the settlement.

The basis for the class action lawsuit was that red light cameras were unconstitutional or in conflict with Missouri state law. In other words, the red light camera ordinance was perceived as a money maker rather than a safety provision. The Missouri Supreme Court will address the issue of whether red light cameras are constitutional within the next month.

 

As I have written here before, there is a class action lawsuit pending in Illinois against former Chicago area red light camera operator, Redflex, which alleges that this company was unjustly enriched millions of dollars through their contract with the city. It has been alleged in criminal court that Redflex employees received their contract with the city through bribes. There does not appear to be any class actions pending in Illinois which contest the constitutionality of the red light cameras.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, the call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-268-7385.

 

Chicago Alderman Calls For End To Red Light Cameras

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I’m not sure how I missed this last week, but Chicago Alderman and 2015 mayoral candidate, Bob Fioretti, has called for the end of red light cameras in the city. According to the great website, dnainfo.com, Fioretti said at a news conference at City Hall in December that he would submit local ordinance that would put an end to red light cameras.  “The majority of red-light cameras do little to create safety,” Fioretti said, citing a Texas A&M study showed they might help reduce so-called T-bone crashes of cars crossing in the intersection, only to increase rear-end, same-direction collisions involving cars either speeding up or slowing down at a yellow light.

He also said they were riddled with corruption and cited how the city ended its relationship with the original camera firm, Redflex, in a case that found city and company officials charged with federal crimes, with one already having pled guilty.

“The entire program is fraught with failed oversight, corruption and unfair enforcement,” Fioretti added.

According to this article Chicago has the largest traffic camera program in the country with 350 red-light cameras and 130 speed cameras.

This is quite a development as I have written on this blog over and over again that red light cameras do not make our intersections safer. In fact, as Alderman Fioretti pointed out, some studies have claimed that they make intersections more dangerous because drivers are timid and often stop short when they should drive through.

I have not seen a response from Mayor Emanuel on this issue but I seriously doubt he would pull the plug on traffic cameras at this point. City Transportation Commissioner Rebekah Scheinfeld defended the cameras in a statement: “The act of running a red light is against the law and can have disastrous and life-altering consequences including serious injury or death,” she said. “Traffic safety is a serious and important issue, and red-light enforcement cameras play a key role in helping to improve public safety.”

I have not decided who I am going to vote for next month but this is an issue I will definitely keep in mind before going to polls.

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.

Car Accidents In Illinois Are On The Rise

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The Chicago Tribune reported this week a wealth of statewide traffic accident statistics. Although the number of traffic fatalities in Illinois is down from last year, the number of overall crashes remains high and has state officials worried since there has been an increase of auto accident lawyer firms being hired for  legal representation. There have been on average, 782 car crashes per day in Illinois this year. This is the highest rate since 2008. State officials are citing that post-recession traffic along with the drop in gas prices has led to the high number of car accidents. With the increase in accidents there has also been an increase for the need of car repairs at collision center shops. These repairs got from auto glass repair to an extensive collision repair.

Despite the increase in car crashes, state officials are pleased to report that traffic fatalities are on the decline.  “If the provisional numbers for 2014 hold up, we could have the lowest number of fatalities in Illinois in several decades,” said Guy Tridgell, an IDOT spokesman in Chicago. “We are confident that we will have fewer than 1,000 motor-vehicle fatalities in Illinois for the fifth consecutive year. Just 10 years ago, we were well over 1,300.”

State safety officials said the installation of more guardrails, barrier systems and rumble strips on roads, along with recently enacted traffic laws, are all having a positive impact. This year, for example, it became illegal for drivers in Illinois to use electronic devices unless they are hands-free.

Poor decision making remains a constant cause of traffic accidents. Almost a third of the crashes involved driving at a high rate of speed, while another third are alcohol related.

One statistic that was not mentioned in the article or by state officials is the number of car crashes related to cell phone and hand held device usage. I would like to see what the number of car crashes are related to distracted drivers. Although I have been impressed with the Illinois Legislature’s effort to curb distracted driving – – and I have written so in the past – – I would still like to see stiffer penalties for those charged with texting and driving which results in a death or serious injury. Although the increase in traffic due to the improved economy is definitely a factor, I strongly believe texting and driving has to be another reason we are seeing an increase in traffic accidents in Illinois.

If you or someone you love has been 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.

NHTSA Calling For Nationwide Takata Airbag Recall

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Wired magazine, among other news outlets, reported last month that Takata, a manufacturer of airbags, are recalling their product on 7.8 million vehicles. The recall is based on a study by the National Highway Traffic Safety Administration (“NTSA”), which states that airbags that could explode with too much force when they inflate. Extra force can be enough to rupture the airbag’s container, sending plastic and metal fragments into passengers.

The car manufacturers affected by the recall include more than 50 models from Toyota, Honda, Mazda, BMW, Nissan, Mitsubishi, Subaru, Chrysler, Ford, and General Motors, made between 2000 and 2011. NHTSA is telling drivers of affected vehicles to “take immediate action,” meaning get themselves to a car dealership and get their airbags checked out. It’s especially concerned about drivers in Texas, Alabama, Mississippi, Georgia, Louisiana, Guam, Saipan, American Samoa, Virgin Islands and Hawaii (all hot, humid spots).

The New York Times reported today that the NHTSA is now calling for a nationwide recall rather than specific states or territories that are more prone to humid weather. The agency said a recent airbag failure outside the regional recall area had prompted it to take the action.

What does this all mean for Takata and the automakers? For one, it is going to cost a lot of money for the millions of airbags that need to be replaced. Second, both Takata and the automakers have or will face wrongful death lawsuits that are attributed to flaws in the airbags. At least five (5) deaths have been attributed to faulty airbags. This could increase the longer these faulty bags are being used.

If you have a vehicle that you believe contains a faulty airbag you should click here to determine if the year, make and model contain a Takata airbag.

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

 

Short Yellow Lights The Cause Of Red Light Tickets Being Dismissed

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The Chicago Tribune published an interesting report recently about the rash of red light tickets being thrown out by administrative law judges. The reasoning behind the judge’s decision is simple: shorter yellow lights. The city requires that yellow lights last at least three (3) seconds and video evidence has revealed that tickets are being issued to drivers because of quick yellow lights. According to the article,   Xerox State & Local Solutions took over the program in March. Since April, hearing officers have cited short yellow lights as the reason for throwing out more than 200 of roughly 1,500 rejected red light tickets, according to their written notations. In the four years before that, under the old vendor, judges blamed short yellows only 37 times out of more than 12,000 successful appeals, according to their written notes. It’s a rate 50 times higher than when the old vendor, Redflex Traffic Systems Inc., ran the program.

Asked why Xerox had so many tickets with yellow times below 3 seconds when Redflex tickets — which showed measurements to the hundredths of a second — almost never showed a time below 3 seconds, city officials declined to answer, citing an ongoing investigation by the city’s inspector general.

The red light cameras have been under scrutiny from the beginning. Media outlets previously reported, and I have discussed here, about federal bribery charges against former city officials and the prior company that managed the tickets, Redflex. Further, a class action lawsuit was filed against Redflex alleging that they were unjustly enriched millions of dollars due to their corrupt bribery tactics.

Where does this leave the city now regarding red light and speed camera tickets? I have said since the beginning that these types of tickets appeared to be a money grab, despite the mayor’s office insistence that these were implemented as purely a safety precaution. Studies have shown, which I have documented on this blog, that red light cameras actually make intersections more dangerous because drivers tend to stop quickly at intersections for fear of being ticketed. As a result, driver’s are more prone to being involved in rear-end auto accidents. Unfortunately, I don’t think red light or speed cameras are going anywhere anytime soon. And the city will continue to be blasted by the local newspapers and TV stations as long as they continue to hand out tickets that are unwarranted.

If you or someone you love has been 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.

NASCAR’S Tony Stewart Cleared Of Criminal Charges But Could Still Face Civil Suit

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NBC News reported last week that NASCAR driver Tony Stewart was cleared by a grand jury regarding possible criminal charges resulting from the crash at Canandaigua race track, which killed fellow sprint car racer, Kevin Ward, Jr. Ward climbed out of his car and ran out onto the track to confront Stewart, whose car clipped Ward, eventually killing him in the collision.

According to the criminal lawyer, Stewart would not face any criminal charges, including involuntary manslaughter (i.e. negligent homicide). Interestingly, the district attorney also stated that toxicology reports showed that Ward had marijuana in his system, which allegedly could have caused impairment.

Although Stewart is cleared from criminal charges, he could still face a wrongful death lawsuit from Ward’s estate. That lawsuit would most likely come from Ward’s parents (assuming he was not married and without children). The lawsuit would allege that Stewart acted negligently and/or recklessly at the time of the accident by failing to avoid contact with Ward. This lawsuit will be an uphill battle though. First, the decedent, Ward, left his vehicle and ran out onto the track where he should have known he would be dangerously close to speeding sprint cars. Second, based on the toxicology report (assuming was accurate), could be used to show that Ward was in an impaired state.  One thing I will point at is that all of the other sprint cars that passed Ward had no problem avoiding and driving around Ward. Ward’s attorneys could argue that Stewart did not take the proper precautions that all of the other drivers did and he could have easily avoided this accident.

If you or someone you love has been involved 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.

New Illinois Bill No Longer Requires Ticketed Drivers Hand Over License As Bail

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The Chicago Tribune reported last month about a new bill that was signed into Illinois law that no longer requires drivers cited for traffic violations hand over their license to the Court as bail bondsman insuring they attend court or pay their fine. According to bail bond agents, certain speeding violations and other moving violations such as causing an accident would require the ticketed driver hand over their license to the police officer as bail. The arrest bail bonds said the driver would have their license returned to them by the judge at court after either pleading guilty or after the ticket was dismissed.

Senate Bill 2583, sponsored by Sen. Michael Noland, D-Elgin, and State Rep. John D’Amico, D-Chicago, goes into effect Jan. 1, 2015. “A driver’s license is an important form of identification, and without it many residents may run into problems during everyday situations when a valid ID is required,” Gov. Pat Quinn said in a statement. “This common sense legislation will allow law enforcement officials to continue doing their jobs while letting motorists hang onto a vital piece of identification.”

I think this bill makes sense and held little leverage over the heads of ticketed drivers. Drivers know, or at least soon find out, that failing to show up for court or paying their fine could lead to a suspended driver’s license or sometimes a warrant for their arrest.

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

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

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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

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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.