Illinois’ New Traffic Laws For 2015

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

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

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.

4 Iron Workers Injured In Chicago Construction Accident

The Chicago Tribune reported today that an iron beam collapsed on a construction site near Lake and Canal streets in downtown Chicago. Two iron workers apparently were on the beam when it collapsed about twenty (20) feet and two others were below the beam.

Two workers were taken in serious-to-critical condition to Northwestern Memorial Hospital, another in serious-to-critical was taken to Stroger Hospital and the fourth, in fair-to-serious condition, was transported to Rush University Medical Center.

It has been reported that the site has been closed down to allow OSHA time to come in and investigate the cause of the construction accident. First and foremost I think the whole city should breathe a sigh of relief that there were no fatal injuries from this accident and that all four workers will be in in our thoughts and prayers for a healthy recovery from any injuries.

Regardless, it is important to point out that each of these workers will be entitled to Illinois workers compensation benefits as a result of their injury. First, each of the workers is entitled to payment of all of their medical bills for treatment related to their work injuries. Second, the workers are entitled to what is called temporary total disability (“TTD”), which is payment directly to them for their time off of work due to these injuries. The payments are equal to 2/3 of their average weekly wages. Finally, assuming the workers go back to full duty after recovering from their injuries, they will be entitled to a permanent partial disability (“PPD”) award, which typically comes in a lump sum.

Another issue to consider for these injured workers is determining who was at fault for this accident. If the OSHA investigation, or any other independent investigation, determines that a third party was at fault for this construction accident, then the injured worker could have a potential civil lawsuit in the circuit court for their personal injuries, lost wages, medical bills and loss of enjoyment of life. It is premature to determine if this construction accident was caused by a third party (a party other than the workers’ employer), but it is common for multiple subcontractors to be present during a major construction project. If so, the injured worker will have both an Illinois workers compensation claim and civil lawsuit against any liable third party subcontractors and/or general contractors.

If you or someone you love has been seriously injured at work and has an Illinois workers compensation case or has been involved in a Chicago construction 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

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.

Short Yellow Lights The Cause Of Red Light Tickets Being Dismissed

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.

Bicycling Magazine Ranks Chicago No. 2 Among Most Bicycle Friendly Cities

According to Bicycling Magazine, Chicago now ranks as the second best city in the United States for bicyclists. Chicago was previously ranked number 5 in 2012 and number 10 in 2010.

The magazine cited the city’s Navy Pier Flyover construction project, the recent hike in fines for dooring cyclists, and the plans for new protected bike lanes as a few of the reasons Chicago rose in the rankings. It also applauded the city for helping Chicagoans “re-discover” cycling.  Although the magazine did not cite the rise in bike sharing, credit must be given to the city for its’ partnership with the company Divvy. Divvy bikes are available throughout the city for short term rentals, which has definitely increased the interest in bicycling in Chicago.

Mayor Rahm Emanuel has been taking a lot of heat for various issues such as the red light and speeder cameras, but credit must given for following through on his bicycling initiatives. He has made it a point to make the life for bicyclists much safer and has made bicycling much more accessible for everyone.

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

 

Driver Cited In Chicago O’Hare Bus Crash

There has been an update in the Chicago bus crash that injured 15 passengers as it approached O’Hare airport early Friday morning. According the NBC News Chicago, the bus driver was cited by Chicago police for failing to produce a valid license and failure to maintain her proper lane as she is alleged to have swerved into a median.

The failure to produce a license at the scene is not a serious charge as long as she can produce a valid license on her court date. If so, the ticket will be dismissed. The ticket for failing to stay in her proper lane will be more difficult to fight if the driver is unable to show there was an intervening cause for needing to swerve out of her lane. Further, pleading guilty to this ticket could be admissible as evidence of negligence in a civil case by the injured passengers. I think it is more than likely that we will see multiple civil lawsuits for personal injuries by the passengers against the bus driver and the bus company. I have not seen any news reports on who actually owns and operates this shuttle company. It is possible that a private company runs the shuttle, which is then hired by O’Hare airport. If that is the case, then both O’Hare airport and the shuttle company could be liable for the negligent actions of the bus driver. The owner and or employer are liable to the negligent actions of its employees if the actions were performed within the course and scope of their employment. This is referred to as respondeat superior.

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

Reckless Homicide Charges Brought In Edgewater Neighborhood Car Crash

The Chicago Tribune reported last week that the driver, who allegedly caused a fatal car accident in the Edgewater neighborhood, was charged with reckless homicide by States Attorney’s office. Prosecutors said the driver hadn’t been drinking, had a valid license and has no criminal background. Judge Donald Panarese Jr. ordered the Russian native’s passport seized.

The accident killed a 71 year old pedestrian and injured five (5) others when the defendant driver tried to pass a CTA bus on the right side through a parking lane. After striking two (2) pedestrians, his vehicle crashed into another which caused a chain reaction.

As I wrote yesterday regarding the Tony Stewart NASCAR accident, drivers who kill someone with their vehicles are typically charged with reckless homicide, which is often referred to as manslaughter. Since it is difficult to prove intent (i.e. that the driver purposely struck the pedestrians), reckless homicide carries a much lighter prison sentence than first or second degree murder. The defendant driver in this case will also be facing civil liability through a wrongful death lawsuit by the family or estate of the pedestrian who was killed at the scene. He will most likely also be sued for the personal injuries of the five (5) others who were injured.

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

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

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.