Tesla Driver Recreates Fatal Autopilot Accident

It was reported in multiple news outlets that an owner of Tesla Model X, crashed into a concrete barrier and died  last month in Mountain View, California. The vehicle was in autopilot at the time of the accident.  According to reports, the vehicle had the choice to veer right or left, did not break, and the autopilot sensors did not detect the concrete block, causing the fatal accident.

The National Traffic Safety Board (NTSB) is investigating the accident. Tesla, release the following statement regarding this fatal car crash:

“The driver had received several visual and one audible hands-on warning earlier in the drive and the driver’s hands were not detected on the wheel for six seconds prior to the collision,” Tesla wrote. “The driver had about five seconds and 150 meters of unobstructed view of the concrete divider with the crushed crash attenuator, but the vehicle logs show that no action was taken.”

Essentially, Tesla is attempting to put the blame back on the driver.

Another Tesla Model X owner recreated the accident himself and recorded the test on his phone. You can watch the video here.

I think it is fair for us to conclude that this is not a true “autopilot.” The driver still needs to be aware as what is going on and be on alert as to any warnings that may come. Further, I don’t believe Tesla’s software still has flaws as do other self-driving vehicles, or we wouldn’t continue to see these fatal traffic accidents.

The litigation that is coming our way with these car accidents is going to be very expensive. There is no doubt in my mind that this will all be very expensive litigation, in part, due to the expert testimony that will be required to try to prove that Tesla’s software systems are faulty . Second, there will be lawsuits and cross-claims between parties as none of the parties involved or their insurers are going to want to take responsibility for the fatalities.  This will be on top of the normal lawsuits against the individual driver, who most likely holds an individual auto policy. This is going to lead to a lot of finger pointing and litigation. I will be interested to see what the NTSB concludes, and will be following this closely.

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 J. Bryant, for a free legal consultation at 312-614-1076.

Uber Self-Driving Vehicle Leads To Pedestrian Death

Multiple news outlets have reported that a self-driving Uber vehicle, struck and killed a female pedestrian in Tempe, Arizona on Saturday night. Immediately following the news of this tragic traffic fatality, Uber  suspended all road-testing of such autos in the Phoenix area, Pittsburgh, San Francisco and Toronto.

The vehicle in question was a Volvo, which  was in self-driving mode with a human backup driver at the wheel when it hit 49-year-old woman as she was walking a bicycle outside the lines of a crosswalk, police said. The National Transportation Safety Board, and the National Highway Traffic Safety Administration are both investigating the accident.

At this point, it’s unclear who was at fault for this traffic accident. I have a lot of questions though, as this is not the first car crash or traffic fatality involving self-driving cars. First, what in the world was the human, “back up” driver doing at the time of the accident? If the vehicle’s cameras didn’t pick up the pedestrian, then the back up human should have been paying attention and stepped on the brakes or swerved the vehicle herself. Otherwise, what is the point of having a back-up driver in the vehicle. Also, self-driving car proponents continue to tout the safety benefits of these vehicles (i.e. they don’t get drunk, fall asleep or read phones), yet we continue to see accidents. I will continue to follow this story to see how Uber and other companies react and whether the federal government intervenes at some point to implement their own regulations.

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 J. Bryant, for a free legal consultation at 312-614-1076.

New Red Light Cameras Added To Michigan Avenue In Downtown Chicago

Chicago’s busiest shopping district is the home of four (4) new red light cameras. The cameras were installed at North Michigan Avenue and East Ontario Street and South Michigan Avenue and East Jackson Boulevard.

The cameras will start ticketing drivers who run red lights starting on February 4. As I have written numerous times in the past, the red light cameras have undergone intense scrutiny. Class action lawsuits have been filed due to the effectiveness of the cameras and also based on the fraudulent circumstances the initial company the city used to install the cameras. Academic studies have been performed, which have concluded that the light have an overall neutral safety effect. In other words, they don’t actually reduce the number of accidents. The general public and media outlets have argued that the cameras are merely a money maker.

Regardless, despite all the controversy, the city is standing by the safety aspects touted by these cameras.   “I think over time you’re going to see more cameras placed downtown because we have a lot of (car) accidents, a lot of pedestrians issues, we have a lot of bike issues that are growing,” said Ald. Anthony Beale (9th Ward). “And so, this is the first step towards revamping the entire system.”

If one of these t cameras catch you driving through a red light, you will receive a $100.00 ticket. These tickets are not considered moving violations and will not affect your driving record.

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

Illinois Passes New Bicyclist Safety Law

According to various news outlets, the Illinois passed HB 1784 last week, which allows motorists to pass cyclists in no-passing zones and permits bicycling on road shoulders. Under the new law, a driver is allowed to cross into the oncoming lane in a no-passing zone to safely pass a cyclist who is riding at less than half the posted speed limit when there is sufficient distance to do so. Drivers must not exceed the speed limit and pass with at least three feet of clearance.The new law will take effect on January 1, 2018.

The purpose of the law is aimed at preventing vehicles from trying to  squeeze by a bicyclist while in the same lane, which can lead to sideswipe crashes.

This seems like an obvious bill to pass, but sometimes the obvious isn’t always codified into state or local law. I think this is important (especially in Chicago), where we are seeing more an more bicyclists on city streets and major roads throughout the state. Now motorists should not be hesitant to safely switch lanes in order to avoid contact with a bicyclists. Motorists can now do this legally.

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

Chicago Mayor Introduces Safety Upgrades On City Trucks

The Chicago Tribune reported last month that Mayor Rahm Emanuel received preliminary approval from City Council to install special safeguards on city trucks.

The purpose of these upgrades is to help the make the streets safer for bicyclists. According to the article, this type of safety equipment is being installed on trucks in other large cities throughout the country. The cost for these upgrades is estimated at $400,000 annually, which will cost about $3,300 per vehicle. By 2026,  1,700 city trucks will have the new equipment. Contractors with city work will be expected to upgrade 25 percent of their trucks each year, with their full fleets having the guards and mirrors installed in four years.

Although Mayor Emanuel has taken a lot of heat the last few years regarding the red light and speeder cameras, but I applaud him for the steps he has taken to help protect bicyclists and pedestrians. Chicagoans know that this is one of the best cities in the country for bicyclists, with dedicated bike lanes and special guard rails, being installed at a rapid rate. Hopefully this will be another step in preventing bicycle accidents in Chicago.

If you or someone you love has been 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.

City of Chicago Agrees To $38 Million Settlement In Red Light Camera Lawsuit

The Chicago Tribune reported this week that the City of Chicago has come to a preliminary agreement with a class of plaintiffs who sued to city for unfair practices with the red light cameras. The proposed settlement is for $38.75 million, but still needs final approval from city counsel.

The class action lawsuit, which was filed in March 2015 and received class certification last year, alleged that the city violated its own rules by failing to send a second notice of a violation before guilt was determined, and by doubling the fine for late payment of tickets sooner than allowed. Following the filing of this lawsuit, city administration responded by changing the city ordinance to eliminate the requirement for a second notice. In September 2016, the city passed an ordinance to give those who hadn’t gotten second notices from 2010 to 2015 a do-over, sending notices giving people the right to request an administrative hearing to contest their tickets. Emanuel’s lawyers argued that brought them into compliance.

As part of this settlement, approximately 1.2 million people will be receiving 50% back on previously paid tickets.   Those who qualify will receive letters in the mail in upcoming months notifying them they were part of the suit and telling them how to collect their refunds.  Under the settlement, people who got tickets from 2010 to 2015 will be paid out of a $26.75 million pot. The city also will forgive another $12 million in motorists’ unpaid tickets.

I think this a positive development. I think it shows the city is being held accountable for their actions. I have long written on this site that the red light cameras were a money grab for the city. Looking at these lawsuits, settlements, indictments and convictions for the red light camera company Redflex, all I can do is sort of chuckle. It is sad for the city. What is even more sad is that the cameras didn’t make the city safer. Study after study showed that the net benefit of the cameras was a push at best. It makes me think I was right all along. These never should have been installed.

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 J. Bryant, for a free legal consultation at 312-614-1076.

Chicago Aldermen Propose Use Of “Textalyzer” By City Police

The Chicago Tribune reported this week that two Chicago Aldermen are interested in new traffic technology called a Textalyzer, a device developed by Israeli company Cellebrite — which can access a phone’s operating system to check whether it was being used to text, email or perform other functions. Its name is a play on the Breathalyzer, which can help determine whether a driver is legally drunk.

Ald. Ed Burke, 14th, and Ald. Anthony Beale, 9th, on Wednesday introduced a resolution calling on the Police Department to appear before a City Council committee “to address the use of emerging technology, such as a Textalyzer, in enforcing the city’s existing traffic laws or the investigation of vehicle accidents.”

I have written on the dangers of texting and driving on this site ad nauseum through the years, as I believe it has been proven that distracted driving is an epidemic in this country. Far too many people text and drive and it is causing serious traffic accidents and sometimes traffic fatalities. My problem with this proposal is that it calls into question whether this type of technology invades on peoples 4th amendment right to privacy. Specifically, the constitutional right against illegal search and seizures. Many people do not realize that when stopped by policy they do not have to submit to a breathalyzer or other sobriety tests. Further, people have the right refuse an officer’s request to search their vehicles. Although, it must be noted that if an officer believes there is probable cause for a search they can go ahead and do so (though anything found in such a search could be subject to the Court’s scrutiny as to whether the search was legal). The point here is whether police should have the right to seize a drivers phone and perform a “Textalyzer” analysis to determine if the driver had been using the phone at the time of the crash? I don’t believe so. It could be argued that the phone could be seized if there is overwhelming evidence that the phone was being used prior to the stop (i.e. the officer saw the driver typing into the phone while driving or the phone was in the drivers lap following a car accident).

These are all questions that need to be answered prior to the city moving forward and handing over this technology to police officers. I do not believe the City Council should rubber stamp this technology without a careful determination of the constitutional implications. Further, there is the question of whether this type of technology would be a deterrent for drivers to use their phones while behind the wheel.

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 J. Bryant, for a free legal consultation.

Uber Suspends Self-Driving Test Vehicles Following Phoenix Car Accident

The Associated Press reported last month about a self-driving Uber vehicle that flipped over on its’ side after a vehicle cut in front it. The self-driving Uber was a test vehicle carrying two test passengers. Luckily no one was hurt in the accident. Uber released a statement following this traffic accident that they were temporarily suspending their self-driving program at their three test locations (Phoenix, San Francisco and Pittsburgh), while they investigate the accident.

The question that remain, and most be answered by auto-makers and ride-share companies, is whether these self-driving vehicles are safe. More specifically, would that vehicle have tipped over if there was a human behind the wheel.

t isn’t the first safety issue involving the self-driving vehicles or with Uber in particular. California suspended the self-driving Uber program at the end of last year due a recurrence of the vehicles running red lights.  And last year a Tesla owner died in an car accident, when his vehicle misread a truck in front of it as an overhead traffic sign.

These are issues that make me and lawmakers dubious of self-driving vehicles. One issue that caught my interest from the AP article was that Arizona was only requiring Uber to carry to minimum insurance for its’ test self-driving vehicles, which is $15,000 per person / $30,000 per accident. I don’t live in Arizona but I have friends and family who do, and I think it is unconscionable that the state would not require higher limits on self-driving Uber vehicles, when the dangers are so unknown. What if someone would have been seriously injured or had died in that recent accident.? The coverage from Uber’s insurance would not have been able to provide proper compensation to cover the  medical bills, lost wages and serious pain and suffering or loss enjoyment of life.

Many issues remain, and I think it is fair to say the roads are not ready to take on self-driving vehicles.

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 J. Bryant, for a free legal consultation at 312-614-1076.

U.S. Traffic Deaths Highest Since 2007

The National Safety Counsel reported today that there were 40,200, a 6 percent gain from 2015 and up 14 percent from 2014. This is the first time since 2007 that traffic fatalities exceeded 40,000 in U.S.

As I wrote last month, this is a disturbing trend due advances in auto safety technology that has been introduced in the last ten years. The increase in traffic deaths have been previously blamed on more drivers being on the road due to an improved economy. I believe that this was a legitimate hypothesis for 2012 through 2014 but it doesn’t explain why number keeps increasing.

As I previously discussed last month, the only conclusion I can come to is that people continue to use their phones while behind the wheel. The The National Safety Council, a nonprofit safety advocacy group,  released survey that support this conclusion. Their survey findings showed that 47 percent of motorists are comfortable texting while driving. Some 10 percent of drivers reported driving drunk, and 43 percent of them were involved in a crash while impaired, the group said. The survey also found that 16 percent said they don’t wear seatbelts on every trip, while 25 percent are comfortable speeding on residential streets.

To stem the tide, the group renewed a call for a total ban on mobile phone use behind the wheel, even hands-free systems. It also called for mandatory ignition interlocks for convicted drunk drivers, a three-tiered driver licensing system for all new drivers under 21 and other steps to curb car crashes.

I can’t say that I agree with the ban on hands free devices, but I am still convinced that there needs to be stiffer penalties on those who text and drive. This is especially true when the phone use results in a car crash that results in a personal injury.

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

 

New Illinois Traffic Laws For 2017

January is almost over and I thought it would be important to list the new traffic laws that went into effect in 2017:

  1. Scott’s Law, also referred to as the “move over” law, requires drivers to slow down or change lanes when driving by a stopped emergency vehicle. Beginning in 2017, the law also will include any vehicle on the side of the road with hazard lights flashing, according to a statement from the Illinois State Police.
  2. Speeding between 26 mph and 35 mph over the posted limit is a Class B misdemeanor. A class B misdemeanor in Illinois carries a maximum penalty of of 180 days in county jail, with fines up to $1500.
  3. Driving more than 35 mph over the speed limit is now considered a Class A misdemeanor. A Class A misdemeanor in Illinois is punishable up to a year in jail with fines up to $2,500.
  4. Those who have been convicted of driving without insurance could have their vehicle impounded if they are stopped by police within 12 months of the first citation.
  5. Fines will double for drivers caught trying to go around lowered railroad crossing gates. Under a new amendment to the Illinois Vehicle Code, drivers who disregard activated gates and warning lights at railroad crossings will face a fine of $500 for a first offense and $1,000 for subsequent offenses.

It must be pointed out that if someone who is charged with speeding over 25 mph over the speed limit there is a possibility the ticket could be amended to below 25 mph in order to avoid a misdemeanor conviction. This is not guaranteed. It could depend on the prosecutor and the judge handling the matter and whether the driver has a clean driving record. You will be required to hire an attorney if you are charged with a misdemeanor.

Drive safely and follow the rules of the road. Remember, 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 J. Bryant, for a free legal consultation at 312-614-1076.