Tag Archives: Chicago car crash

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

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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

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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

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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

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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

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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.

NHTSA: Traffic Fatalities Up 8% In 2016

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The National Highway and Traffic Safety Administration (“NHTSA”) announced some unfortunate news in a press release last week that traffic fatalities were up 8% last year from the year before for the first nine months of each year. The agency’s statistical projection found an estimated 27,875 people died in vehicle accidents during that time in 2016, while 25,808 fatalities were reported for that same period in 2015. Also, the fatality rate for 2016’s first nine months increased to 1.15 fatalities per 100 million vehicle miles traveled. That represents an increase from 1.10 fatalities per 100 million vehicle miles traveled during the first nine months of 2015. The agency noted it relied on the same methodology used to generate the estimates for the first nine months of 2016 as it did to record the fatalities for 2015.

The various articles I have read don’t seem to point any specific reason why. The discouraging news is that these numbers are coming off a year where traffic deaths increased 7% in 2015 over 2014. Experts believe the increased travel is mostly a result of an improved economy and low gas prices. But NHTSA’s data experts said increased travel and a better economy alone can’t explain the rise in deaths. “We still have to figure out what is underlying those lives lost,” NHTSA Administrator Mark Rosekind said. “If it was simple, we would already know that.”

The increase in deaths is especially concerning because it has happened at time when cars are safer than ever. Nearly all new cars and light trucks now have electronic stability control and rearview cameras, for example. Automakers are also beginning to equip more cars with sophisticated safety technology like adaptive cruise control, automatic emergency-braking and blind-spot monitoring.

So what is the answer? The NHTSA isn’t giving us any plausible explanation. My own theory is that people continue to use their phones when driving. They continue to text and not take advantage of hands-free technology. I think this will continue to be the case as long as the penalties for texting and driving are weak. In my opinion, if an injury occurs from an accident where texting and driving was the cause, then the case needs to be treated like a DUI. At the very least the driver needs to be charged with a Class A misdemeanor. Without significant repercussions, drivers will not be deterred from typing on their phones while driving. This is the only explanation I can come up with as to why traffic fatalities have continued to rise the last two years.

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.

 

IDOT Pushes “Winter Weather – Get It Together”

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If you live in the Chicago area, or really anywhere in the Midwest, you know that winter is upon us. We had our first snow last weekend and we are looking at upwards of 12 inches of snow through tonight in the Chicagoland area. The Illinois Department of Transportation (“IDOT”) has been working hard to help drivers avoid traffic accidents and stay safe on the roads during the winter months. IDOT issued a press release recently called “Winter Weather – Get It Together,” which provides a list of driving tips to use when the roads are snowy and icy. Below is a list of driving tips:

  • Always wear a seat belt. It’s the law in Illinois.
  • Slow down. Slower speeds, slower acceleration, slower steering and slower braking all are required in winter driving conditions.
  • Drop it and drive. Put down the handheld devices – it, too, is the law in Illinois.
  • Don’t crowd the plow. A snow plow operator’s field of vision is restricted. You may see him, but he may not see you.
  • Avoid using cruise control in snow and ice.
  • Watch out for black ice on roads that appear clear but can be treacherous.
  • Be especially careful approaching intersections, ramps, bridges and shady areas. All of them are prone to icing.
  • Do not travel during bad weather unless absolutely necessary. If you do have to make a trip, check the forecast and make sure someone is aware of your travel route. Consider taking public transportation if it is an option.
  • Prepare an emergency car care kit that contains jumper cables, flares or reflectors, windshield washer fluid, a small ice scraper, traction material, blankets, non-perishable food and a first aid kit.
  • Carry a cell phone and a car charger in case of emergency.
  • Follow Scott’s Law. Slow down and move over for stopped emergency, construction and maintenance vehicles. ·
  • For more winter driving tips, check out this short IDOT video

Please be careful when driving in winter weather, but if you or someone you love is injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation. Call 312-614-1076 for a free legal consultation.

Chicago Announces Launch Of “Vision Zero” Aimed To Eliminate Traffic Deaths

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The Chicago Mayor’s office announced last month that it is launching “Vision Zero” action plan with the goal of eliminating all traffic deaths by 2026. In a press release may Rahm Emanuel state, ““Every day someone is injured or worse as the result of a car crash on Chicago’s streets… these crashes are preventable, and that is why we are stepping up our efforts, developing partnerships with communities and private industry. We are going to use all the resources at our disposal to eliminate traffic fatalities and serious injuries in Chicago.”

All of the details of this new safety program will be released later this Fall, but the press release stated that the plan will look at traffic safety as a public health issue and identify priorities for the City’s engineering and education initiatives, as well as enforcement support for reducing crashes. City departments are currently working with stakeholders and the public to develop the final goals and strategies included in the plan. In 2016, more than 100 intersections will receive additional infrastructure to make it safer for people walking to cross the street. Among these is a Safe Routes to School project on the West Side that has installed 10 pedestrian refuge islands along Madison Street and Chicago Avenue. There are 10 schools located within a half-mile of these high crash areas. The City is also enhancing safety by making traffic signal improvements, resurfacing hundreds of miles of streets, installing speed feedback signs, and adding or improving 25 miles of bike lanes this year.

The city is treating this as a public health issue, as they should. Chicago has seen six bicycle traffic fatalities this year. That number equals the total number of bicycle traffic deaths from last year with three months still yet to go in 2016. Chicago is at a crossroads right now with bicycle safety. Chicago was recently named the top bicycle friendly city in country by Bicycling Magazine. We have more bicycle commuters than ever along with Divvy bike riders crowding our roads. This is a good thing. So are all of the dedicated bike lanes. But bicycle traffic accidents and fatalities are still prevalent. Bicyclers and motorists need to learn to co-exist. We need to be mindful of each other and always observe the rules of the road. “Vision Zero” is the perfect stepping stone to help lead to a better co-existence between bicyclists and motorists. I will be writing more about the initiative once the full plan is announced.

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

Should Rideshare Companies Track Car Accident Statistics

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I read an interesting article in the Red Eye this week, that investigated whether companies like Uber, Lyft and Taxi companies track the number of traffic accidents their drivers are involved in. You can read the article here.

The answer to the above question is no. Not only do rideshare and cab companies not track their driver’s car accidents, but neither does the state. All car accidents in Illinois that are reported to law enforcement must include an Illinois Traffic Crash Report. The investigating agency must fill out the report, which includes all of the driver information, whether medical treatment was required, whether traffic citations were issued and, most often, which driver was at fault for the traffic accident. The report also includes a box to check whether a driver was in a commercial vehicle (i.e. a tour bust or commercial van etc..) The report does not include a rideshare or taxi company classification. So, in theory, it is incredible difficult to to track the number of car accidents are caused by rideshare and taxi companies each year.

Should this change? Should the city of Chicago or the state alter the traffic crash reports to include a section regarding rideshares and taxi companies? I think the answer is yes. How do we know how safe these companies and their drivers are? I think it would be beneficial to start tracking these accident and classifying the type of drivers involved. This type of data would help local and state legislators determine if stricter driver qualifications are required for Uber and Lyft drivers. Should background checks and stricter driver testing be required? I don’t know the answer but we could learn a lot more if there were actual statistics taken on the number of car crashes occur every year.

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.

IDOT Urging Pedestrians & Motorists To Pay Attention In Order to Avoid Accidents

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As I wrote recently, traffic accident and traffic fatalities were up in Illinois in 2015 from 2014 and appear to up again in 2016. More specifically, car accidents involving pedestrians are up in Illinois from this time last. The Chicago Tribune took note of these recent trend in article asking the question why? According to the Illinois Department of Transportation (“IDOT”), they are urging both pedestrians and drivers to put their phones down and focus on the the road in front of them.

“We urge pedestrians to use caution and common sense when crossing the street — use crosswalks where available and make sure to pay attention to your surroundings. We urge motorists to be cautious as well — be alert for pedestrians, especially when approaching intersections,” IDOT Secretary Randall Blankenhorn said in a statement.

Some local suburbs, including Naperville, are making an effort ticket distracted drivers. Naperville joined several other suburbs recently along the Route 59 corridor, including Aurora and Plainfield, as part of a joint enforcement campaign that gave out 32 citations for cellphone violations in a single day.

Is this enough? Probably not. It seems every time I’m driving around town I see drivers around me with their noses in their phones. This occurs all the time, and not always when at a stop light. So what is the solution? As I have written many times before, I believe Illinois needs harsher penalties for distracted drivers. Especially when there is a traffic accident, injury and certainly a fatality. This means higher fines and the threat of jail time.

If you or someone you love has been 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.