Tag Archives: Chicago personal injury attorney

Houston Astros Fan Sues Team For Injury Caused By T-Shirt Gun

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During the summer of 2018 a woman was attending a Houston Astros baseball game. Between one of the innings, the Astros’ mascot was launching free t-shirts into the crowd. One of those t-shirts struck this women in the hand, and apparently caused a serious injury. Since that time the woman alleges she has had multiple surgeries, missed time from work and has suffered serious pain and suffering. As a result, a lawsuit has been filed on behalf of the woman against the Houston Astros alleging negligence by the team and their mascot.

There have been similar lawsuits filed against in Major League Baseball in the past. I wrote about the case in Kansas City where a fan was hit in the face by a hot dog launched by a similar style gun. That man suffered a detached retina in one of his eyes, and unfortunately he lost his case before a jury. Major League franchises, including teams in the baseball, have in the past been protected with immunity for injuries that come as a result of foul balls and broken bats. All teams put a disclaimer on their tickets stating fans are assuming the risk of these potential accidents and injuries while attending games.

This is often called the “baseball rule.” That legal theory, in place for about a century, presumes an inherent risk among those attending a baseball game, and assigns fans responsibility for paying attention and being prepared for the occasional ball or bat coming their way. But should that apply to antics put on by the team in between innings like launching t-shirts into the crowd?

I have not seen the complaint filed in the Astros case, but I am curious if they have filed a product liability claim against the manufacturer of the t-shirt launcher. They could allege that the gun is inherently dangerous and/or defective due to the speed in which the t-shirts are launched. Also, I would imagine that the attorneys for the Astros will file multiple affirmative defenses including comparative negligence. These types of defenses attempt to shift the blame on the Plaintiff, and will depend on the facts of the accident that will come out during depositions. Specifically, that type of defense would hinge on how active this women was in attempting to catch the t-shirt. Did she stick her arms out and partake in attempting to catch the t-shirt? Or, was the just an innocent bystander? Also, the Astros defense team will more likely than not file a motion to dismiss based on the assumption of risk disclaimer discussed above.

I think this woman faces an uphill challenge of getting her case actually before a jury (due to expected motions to dismiss), and ultimately winning at trial. I wish her and her team luck as she appears to have suffered real permanent damage to her hand, and I believe the courts have gone way too far out of their way to protect teams when injuries like this occur. Especially, when the injuries are caused by acts by the mascots rather than foul balls or broken bats.

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

Chicago Transportation Committee Approves Exclusive Lyft-Divvy Partnership

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The Chicago Sun Times reported yesterday that the Chicago city council’s, transportation committee approved an exclusive partnership between ride share company, Lyft, and bicycle share company Divvy. If approved by the city council, Lyft would be the exclusive owner and operator of all Divvy bikes throughout the city. Despite backlash from incoming mayor, Lori Lightfoot, and a number of aldermen, the deal is being touted by transportation head Rebekah Scheinfeld. Scheinfeld told the press that this agreement would be a huge boon for the city for the following reasons:

1.The city would get $77 million over nine years earmarked exclusively for transportation projects.

2. Lyft would keep all bike-sharing revenues up to $20 million annually, with the city sharing 5% of everything over that.

3. Chicago taxpayers would also receive $1.5 million a year in minimum guaranteed revenue from advertising and promotions.

4. Lyft would be free to raise bike-sharing rates, but only up to 10% per year. Anything above that must be approved by the Chicago Department of Transportation.

5. Assumption of any liability would be Lyft’s responsibility

This last point, “assumption of liability,” is something I am very interested in. If I am reading this correctly, if there any accidents caused by Divvy riders or if the the equipment on a Divvy bike fails, causing a personal injury or traffic accident, then Lyft would be liable. I assume there will be an insurance policy available on a all of these bikes in case of accident (caused by the bicyclist) or failed equipment. If this is true, and this is the agreement between Lyft and the city, then this would shift all of the potential liability costs away from the city and onto Lyft. This would be a big win for Chicago, and also to any potential injury victims.

Uber and Jump, two other ride share companies, have panned the deal as they were not included in any of the planned agreements. Though the introduction of electric scooters is still available.

We will be watching this closely once agreement plan is taken to a vote with the city council as a whole.

If you or a loved one has been injured in a Chicago bicycle accident, or a Chicago traffic accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation.

Is Elon Musk’s High Speed Underground Tram In Chicago Moving Forward?

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Last year, outgoing Chicago Mayor Rahm Emanuel held a press conference with transportation and tech entrepreneur, Elon Musk, regarding a high speed, underground tram system that would cart passengers out to O’Hare airport. The tram was touted to take about twelve (12) minutes and would cost approximately $25 for a one way trip. It was stated that Musk’s boring technology would dig the necessary pathway in between the downtown loop and the airport. The goal of this new transportation system was to help ease the gridlock on I-90/94 and free up space on the always packed Chicago blue line. Also, it would provide an opportunity for commuters to avoid the often hour long automobile commute or forty-five (45) minute train ride. Even more enticing was that Musk told the press that his boring company would be shelling out the 1 billion dollars in necessary construction costs.

A lot has changed in Chicago since September 2018. Rahm Emanuel decided not to run for a third term as mayor and there is now a runoff election for his spot set for April between Lori Lightfoot and Toni Preckwinkle.

News outlets have reported within the past month that neither mayoral candidate are very excited about this project. Lightfoot doesn’t include the Musk tunnel in her transportation plan, and Preckwinkle said at a candidate’s forum that the tunnel was “definitely something I would put on pause.” Both have cited the need to expand and improve the CTA red line and Metra train systems on the south side.

This was and is an incredibly innovative idea. Obviously we don’t know all the details of financing, but if Musk and his company are paying for the entire construction, and the city splits a portion of the revenue, I do not see how the city does not move forward with this project. The added benefit of freeing up traffic above ground and the job creation seems to make this a no-brainer for the incoming mayor. This is assuming the technology would actually work in Chicago and the city and county are not putting up any of the money. If so, I would like to the see the incoming mayor reconsider their position(s) on this matter.

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

Illinois Department of Transportation Planning Distracted Driving Summit

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The Illinois Department of Transportation (IDOT) announced last week that they are going to hold a safety summit on October 30 in Sangamon County. The summit which will focus on distracted driving. This announcement came one week after Illinois Governor Bruce Rauner announced that August 17 was Traffic Fatality Awareness Day.

Some of the current work championed by IDOT includes displaying crashed cars at rest areas as a physical reminder of the importance of responsible driving, dynamic messages signs across the state that display topical messages to capture public attention, and continued development of new ways to improve safety in work zones.

IDOT has previously focused on the seriousness of distracted driving. Earlier this year they launched a multi-media campaign called “Life or Death Illinois.” The campaign focuses the importance of safe driving and appealing to audiences to stop and consider the seriousness of the issues on the state’s roads. This was the first time IDOT expanded its key safety messages beyond the ongoing problems of impaired driving and unbuckled motorists to include new materials aimed at reducing fatalities and injuries tied to motorcycles, bicycles, pedestrians, work zones and distracted driving.

I will be interested to find out more information about this traffic safety summit. I’m interested to find out if they will be focusing any time on bicyclist safety. The number of bicycle commuters (especially in Chicago) continues to grow and emphasizing safety for everyone on the road should be an priority.  I will also want to know if they will discussing stiffer penalties for those caught and ticketed for driving while using their phones.

Should you or a loved one become seriously injured in a Chicago car accident or Chicago truck accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Driver Safety Tips For Your Next Road Trip

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I recently received an email from someone at the Million Mile Secrets website with a link to a recent article about safety tips for road trips. This is a website that offers advice about maximizing travel reward point, but also like to give overall travel tips and advise. This recent article provided a great checklist before heading out on your next road trip.

First is their to do list regarding vehicle safety:

  • Your vehicle has been inspected by a qualified mechanic.  Check your tires, battery, belts, fluids, air conditioner, engine, brakes and windshield wipers.
  • The spare tire is in good condition.
  • You have a gallon of antifreeze
  • To bring an empty 1-gallon gas container.  Although let’s face it… the type of person who completely runs out of gas is usually not the type of person who reads these kinds of articles on preparation.  So share this with that one friend you have!   Also, NEVER carry gasoline in your car.
  • To bring a back-up battery for your mobile phone and/or a car charger
  • To have plenty of drinking water, sunscreen, and other items to keep your body healthy
  • To have a paper map in case you don’t have power.  Or at least download maps to your phone in case you don’t have reliable cell service throughout the entire trip
  • You bring your driver’s license and registration, copy of car insurance policy and contact numbers, car’s manual

Second is a safety checklist of items to carry with you, no matter how short you getaway may be:

  • First-aid kit with your prescription drugs, pain relievers, antiseptic, bandages, scissors, medical tape, motion sickness medicine
  • Road flares
  • Extra bottles of drinking water — gallons would be great
  • Rain ponchos / Umbrellas
  • Fully-charged car jump-starter (I have one of these gizmos.  It’s clutch when you can’t find someone to jump your car.)
  • Jumper cables
  • Flashlights with extra batteries
  • Blankets, pillows, or sleeping bags
  • Warm clothes if it’s cold
  • Snacks / food / energy bars
  • Diapers / baby supplies
  • Sanitary pads
  • Hand sanitizer
  • Toilet paper
  • Toothbrushes and toothpaste
  • Bug spray
  • Fire extinguisher
  • Cash
  • And your credit card that gives your professional roadside assistance

Obviously this list in not exhaustive, but it definitely provides a good summary of things you may need in case of an emergency.  If you or a loved one has been seriously injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

CTA To Add 50 New HD Cameras On Train Lines And Buses

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Those of us who use the CTA’s trains and buses around Chicago on a daily basis have been somewhat troubled by the slew of crimes that have occurred recently. There have been results of multiple robberies and muggings, especially on the red line, which is a north-south train line that runs from Howard Street on the northside all the way south to 95th Street.  To help combat this issue, the CTA recently announced they will be installing 50 high definition (“HD”) cameras along train stops and buses throughout the area.

These additional cameras are part of the  “Safe and Secure” multi-million dollar project, which, according to the CTA will be one of the most comprehensive surveillance camera networks used by a transit agency. When the upgrade is finished, there will be 1,000 new HD cameras throughout the CTA system and upgrading more than 3,800 older-model cameras across the system. CTA officials believe that if someone commits a crime on a train or bus, there will be a clear video of the incident and they will be caught.

This is money well spent by the CTA and good for the city. Commuters want to feel safe when heading to and from work or just visiting other parts of town. Further, tourists want to feel safe before they plan a trip to Chicago. Other than putting multiple police officers at every stop and on every train and bus, this seems like the most sensible way to combat crime on the CTA.

If you or a loved one have been involved in a Chicago train accident or Chicago bus accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

How The U.S. Supreme Court’s Decision in Janus vs. AFSCME Will Affect Illinois Workers

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In June, the U.S. Supreme Court ruled in a 5-4 decision in Janus vs. AFSCME, that requiring all public sector workers pay their “fair share” of union dues despite receiving many of the benefits, is unconstitutional. The Court held that requiring payment of these fees was a violation of the worker’s First Amendment rights.  The idea behind the law requiring fees from all employees is that the non-union public employees benefit from collective bargaining of the union so they should pay their fair share for the union’s representation, even if they aren’t union members. The ruling strikes down the laws in 23 states (including Illinois).

To clarify, Illinois public sector, non-union members were already allowed to opt-out of the paying fees for explicit political union activity. But Janus argued that, because public sector unions are by definition negotiating with the government, even workplace negotiations over hours or wages amount to political speech. So, a worker who opposed the union’s collective bargaining efforts was having his or her First Amendment rights violated.

To me, the argument by Janus was incredibly rich. Here he is receiving ALL the benefits from the union (better wages, better group health insurance, pension, sick leave etc..), without having to pay all of the fees because he does not believe, politically, in unions. Now, based on this ruling, he and other union members, can opt out of paying all of their union fees.

What does this mean for the public sector unions in Illinois and around the country? I think it is clear that this is a huge blow to unions. Legal scholars and union activists are estimating  10% to 30% unionized public employees might now decide to stop paying union fees. That could cause public-sector unions to lose $1 billion in revenue, perhaps forcing them to lay off lobbyists and organizers. The eventual fallout means it will be much more difficult to lobby and negotiate for a higher minimum wage, better student-teacher ratios, better health insurance etc. Unions have never been weaker in this country than they are now.

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

Chicago To Add Five New Speeder Cameras This Summer

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The Chicago Department of Transportation (“CDOT”) announced last week that they would be adding five (5) new speeder cameras around the city by the end of the summer. Two (2) of the cameras will be placed at Hiawatha and Kosciuszko parks on the Northwest Side. The other three (3) cameras will be placed near Major Hector P. Garcia MD High School on the Southwest Side, Near North Montessori School on the Near Northwest Side and Gary Comer College Prep High School on the South Side.

CDOT told the Chicago Tribune that ““Automated speed enforcement is a proven deterrent to speeding, and one of the most effective tools in our toolbox for reducing speeding and saving lives.” They further pointed out that this was another step in Mayor Emanuel’s “Vision Zero” plan, which is aimed at eliminating all traffic accident deaths by the year 2026.

I have written on the site multiple times about red light and speed cameras. Based on multiple studies (and a bribery scandal), the red light cameras have come under a lot of scrutiny for any safety value added to the community. On the other hand, speeder cameras, have not undergone as much scrutiny. For one, they are newer to Chicago and we don’t know the actual net impact they are providing for motorists and pedestrian safety. According to CDOT, safety cameras are actually making streets and walkways safer throughout the city. According to the Department the number of speeding violations has been trending down in areas with speed cameras since they were deployed in 2014, and average traffic speed has dropped from 26 mph to 22.5 mph. Crash data also show that the number of car crashes in areas with speed cameras was down 4 percent in 2015 compared to 2013, while for the rest of the city crashes were up 13 percent.

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

Chicago’s Lakefront Trail Construction To Be Completed By End Of Year

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The Chicago Sun Times reported last week about the construction developments for the lakefront trail. According to the Chicago Department of Transportation (CDOT), all efforts to revamp the trail will be completed by the end of 2018.

The purpose for all of the construction that has taken place the last several years has been to create separate lanes for cyclists and runners/walkers. Their goal is to make a safer path, which would reduce the number of collisions between bikers and runners.

The remaining construction includes the Navy Pier flyover, which included a ramp that will carry users over two busy intersections and connect to the Lake Shore Drive underpass. Currently, pedestrians and cyclists have to use the sidewalk underneath Lakeshore Drive, which is often congested and dangerous.

Much of the construction is complete, which covers an eighteen (18) mile stretch from Ardmore on the North side to 71st street on the South side. There are pockets where construction is set to start in August, but is said to be complete by the end of the year.

I have praised this construction project since it was announced over a year ago. Separate lanes for cyclists and runners was a bold project, but it seems to be working. The areas where the construction is complete has made the lakefront much less congested, which will hopefully  lead to less accidents.

Should you or a loved one be injured in a Chicago bicycle accident, or Chicago car accident, please call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

City of Chicago To Use Data And Analytics To Reduce Car Crashes

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The City of Chicago Department of Transportation (“CDOT”) issued a press release this week regarding their “Vision Zero” plan, which is an effort to eliminate all pedestrian traffic deaths in the city by the year 2026. The plan was introduced one year ago.

As part of their  release, CDOT announced it has entered a data partnership with Arity, a subsidiary of The Allstate Insurance. Arity is a connected car technology company that collects nearly one billion miles of driving and connected car data per month from more than one million mobile phone and in-car devices. Arity has a unique, user centric view of a city’s mobility patterns and ability to identify driving behaviors that carry the most risk and cause severe traffic accidents.  CDOT stated that it will be using the data and predictive analytics to better understand the risk factors of specific segments of roadways and intersections throughout Chicago.

From the release: “partnership will be used help the City identify the risk factors on specific roadways and help determine where to best prioritize and focus investments in infrastructure and traffic safety resources, as well as how to tailor interventions to improve road safety in Chicago.”

I think this is an incredibly important investment by the city.  I imagine that the use of this advanced data will  city will be able to determine where to put additional cross-walk and pedestrian signs, where to add four-way stops, where widen roads and I’m sure other safety measures.

It’s interesting that this was just announced. As I wrote within the last few weeks, pedestrian deaths in Chicago are outpacing the number of fatalities over the last several years. “Vision Zero” is off to a slow start, but hopefully this partnership with Arity will help curb that trend.

If you or a loved on has been seriously injured in a Chicago pedestrian accident or Chicago traffic accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.