Extended Net Not Enough To Protect Fan At MLB Game

ESPN.com and the Associated Press reported this morning that a Tampa Bay Rays baseball fan was injured last night when a foul ball struck a woman in the eye. The fan was carted off on a stretcher and taken by ambulance to a local hospital. There have been no reports about the current condition of the injured fan.

This is an interesting situation for Major League Baseball (“MLB”) and the Tampa Rays. As I discussed back in February, MLB recommended that all its teams extend its protective netting to at least the dugout on each side. This would provide an additional 70 feet of netting for fans directly to the left and right of home plate. Several teams have obliged including the Tampa Bay Rays and the defending World Series Champion Kansas City Royals. So MLB and in this instance, Tampa, did the right thing by providing additional protection but it does not appear to enough. From the ESPN.com report: “The ball Friday night went through a gap between the netting that was about the size of 1½ baseballs behind an area designated for photographers. On Saturday, the Rays added additional netting to cover the gap.”

Legally, Tampa Bay and MLB could see repercussions, should the injured fan decide to pursue compensation for her injuries. We have no idea right now how serious her injuries are and whether she will sue. Typically, when a fan buys a ticket to a baseball game, there is fine print on the back of the ticket that is essentially a waiver of rights to sue the team or MLB for injuries from things like foul balls and broken bats. Further, many states (including Illinois), have immunity laws intact to protect professional sports teams from lawsuits stemming from these types of accidents at games. In this instance though, there could be a loophole for the injured fan because the Tampa Bay organization took steps to provide additional protection, but did not do an adequate job of protecting all of its’ fans. Here, they left just enough of a window open between nets for a foul ball to sneak through.  It will be interesting to see how courts will handle this issue should there be any litigation.

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

Dangerous Chicago Intersection Finally To Receive Renovation

The intersection located at Lincoln, Ashland and Belmont Avenues will receive an overhaul, according to online blog DNA Info Chicago.  This intersection, often referred to as “Six Corners” is considered to be one of the most dangerous and congested intersections in the city. An average of 35 car crashes occur each year with daily traffic around 62,000 vehicles. The intersection with the highest traffic crash rate — Stony Island, South Chicago and 79th in South Shore — had an average 63 car crashes with about the same traffic volume.

The changes proposed by the Chicago Department of Transportation will receive local, state of federal funding. These changes will include:

  • Extending curbs at all six corners, which shortens and straightens crosswalks. The Lincoln Avenue bump outs would be specially designed to straighten the street for a more “intuitive” crossing.
  • Eliminating four turns, including the left turns from northbound Lincoln to Belmont and from southbound Ashland to Lincoln. Right turns from northbound Ashland to Belmont and from southbound Lincoln to Ashland would also be restricted.
  • Moving bus stops to the far sides of the intersection — southbound Ashland buses, for example, would stop at the southwest corner in front of Central Savings bank.
  • Adding bicycle lanes with dedicated, dotted crossings along Lincoln Avenue. Bicycle boxed spaces painted green would also put bicyclists ahead of vehicles at the cross.

These are changes that are long awaited and should make the area safer for drivers, pedestrians and bicyclists with the dedicated bike lane on Lincoln. I’ve said this before, but the city is standing by its’ statements from five years ago that they want to be a front runner for bicycle accessibility and safety. The city is proving again that they care about bicyclist safety.

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

Chicago Again Ranked In Top 10 In U.S. Traffic Congestion

I’ve written about traffic congestion in Chicago in the past and our city is perennially in the top 10 of most congested U.S. cities. This year’s ranking is no different as analytic company INRIX ranked Chicago the eighth most congested U.S. city. The study states that Chicago commuters waste about 60 hours a year sitting in traffic. On the bright side, Chicago has been ranked as high as third in recent years, so this is somewhat of an improvement. Los Angeles was ranked first in the U.S. and London was ranked at the top worldwide.

I mentioned a few weeks ago about increased traffic fatalities (specifically pedestrian) in 2015. Experts concluded that one of the causes could be attributed in the improved economy and lower gas prices. There are more people on the road driving to more jobs, which leads to more auto accidents. It is kind of a catch 22 for Chicagoans. We want a booming economy with low unemployment, but as a result we face more traffic congestion and potentially more traffic accidents and traffic fatalities. As I have said many times before, with this much traffic on the road, put your phones down and focus on what is in front of you while driving.

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.

Changes Coming to Dangerous Lake County Intersection

According to the Lake County News-Sun, the intersection of Grand Avenue and Hunt Club Road could be seeing changes, as it is viewed as one of the most dangerous intersections in the county. The Lake County Board approved a $370,173 contract with Chicago-based Stanley Consultants to conduct a preliminary engineering study to identify potential safety improvements at the intersection.

Car accident statistics  show 127 vehicle collisions at Grand and Hunt Club between 2011 and 2013. Of those, 75 were of the rear-end variety, while the next most frequent type was 33 collisions during turns. The remainder included 11 sideswipes, four collisions with fixed objects like roadside signs, two collisions at angles and one rollover accident. The consulting engineers “will review the crash data and summarize crashes by year and major type to define trends and roadway deficiencies at each of the above intersections. Areas experiencing significant crash rates will be investigated so that countermeasures can be recommended.”

The report stated that the most likely change will involve a designated left turn signal for north and south bound drivers turning from Grand onto Hunt Club. There will likely be construction in the area, but there is plenty of vacant land in the area, which can accommodate an expansion of lanes.

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

Pedestrian Deaths By Auto Up In 2015

Various news outlets, including the Chicago Tribune, reported this week that pedestrian deaths from motor vehicles were up in 2015. There were 2,368 pedestrians killed in the first six months of 2015, compared to 2,232 during the same period in 2014 — a 6 percent increase. Researchers arrived at a 10 percent increase for the entire year by factoring in that fatalities for the first half of the year are typically underreported, and that for at least the last five years an average of 25 percent more pedestrian deaths were recorded in the second half of the year, which includes warmer summer months. Total traffic deaths, which had been trending downward for the past decade, were also up an estimated 8 percent last year. But pedestrian fatalities have been rising since 2005, and now account for 15 percent of total traffic deaths.

What is the cause of this recent uptick in traffic fatalities? According to the Governor’s Highway Safety Association, the proliferation of cell phone use by drivers has caused people to be more distracted. Also, the improved economy reveals that more drivers are on the road than in recent years. Victims of pedestrian accidents should not be afraid to file a claim. A personal injury attorney should be able to take care of the legal requirements while they tend to their injuries.

I unfortunately do not have numbers for Illinois or Chicago, but I would imagine they follow the national trend. This is a disturbing trend especially since Mayor Rahm Emanuel has focused on improving safety for pedestrians and drivers with red light and speeder cameras. As I stated yesterday in my blog and several times before, these cameras do not show a net safety improvement, and in my opinion, these programs should end. If you ever cause one of these fatalities, consider regarding this article about What to Look for In a Criminal Defense Lawyer very carefully.

Regardless, the city and state will have to take a long look at improving safety for pedestrians. One way, which I have mentioned before, is to increase the penalty for cell phone use while driving. Especially if someone is injured in a car accident while someone is using their phone.

Chicago Red Light Camera Class Action Lawsuit Moves Forward

According the Cook County Record and other news outlets, plaintiffs in a class action lawsuit filed against the city of Chicago for improper red light camera violations has survived a motion to dismiss by the city. The lawsuit, which alleged that the city failed to send a second notice of violation, as required by its ordinances, to give those receiving the tickets sufficient chance to contest them in court, before the city began assessing additional fees and fines for the unpaid tickets. In other words, the suit states that failing to provide the second notice was a violation of offender’s due process.

The city moved to dismiss this lawsuit and the circuit court judge, Kathleen Kennedy, not only denied this motion bet held the following in her ruling:

““The ordinance makes it clear that the city was required to send a second notice before determining liability,” the judge wrote. “The city argues that notices received by plaintiffs satisfied due process because ‘due process only requires notice and an opportunity to be heard’ … Here, plaintiffs’ receipt of a single violation notice does not mean that due process was satisfied when the ordinance mandates that two notices be sent to a non-responder before a determination of liability.”

The plaintiffs in this lawsuit are seeking class action status and this is another step forward in that pursuit. If plaintiffs do reach class action status and are able to prevail at trial, then the city could be facing hundreds of millions of dollars in fees that they must refund to drivers who paid these tickets without receiving the second notice.

It’s worth pointing out that weeks after this lawsuit was filed, the city immediately changed its’ procedure when issuing these tickets. They immediately began requiring they issue the second notice to violators. It will be unclear whether this action would be admissible into evidence if the case makes it to trial. Typically, subsequent remedial behavior by a tortfeasor is not admissible into evidence.

I have been writing in this blog for years now that red light and speed camera programs should end. Studies have shown that they do not provide a net safety benefit to the city as the number of traffic accidents have not decreased since the implementation of these cameras. I will be following this lawsuit closely in the news in the coming months.

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

KC Royals Latest Team To Extend Protective Netting Behind Home Plate

Reigning World Series Champion Kansas City Royals are the latest franchise to announce that they will extend protective netting all the way up the first and third base lines. They are following a recommendation made by Major League Baseball’s commissioner’s office that all 30 teams extend protective netting beyond the typical area directly behind home plate.

The Royal’s netting will extend to the end of each dugout, which will reach first and third base (approximately 90 feet). The Royals along with Phillies, Rays and Cubs have also said they would follow the recommendation. These teams, along with Major League Baseball, are doing the right thing by extending the netting. There have been numerous injuries at various venues, including at Boston’s Fenway Park last summer when a woman was rushed to the emergency room after taking a baseball to the head.

Baseball franchises have protected themselves from civil liability for years by adding a waiver of liability on the back of each of their tickets, stating that by paying for admission into a game they are agreeing to waive any liability to the major league franchises for any injuries that come from flying baseballs, bats etc… Many states, including Illinois, have imposed statutes protecting major league sports teams from civil liability for injuries that could arise from balls flying into the stands and injuring someone. These waivers and statutes have made it virtually impossible for fans to seek compensation for injuries they may have received for these types of accidents. I believe teams have been reluctant to extend netting in the past because they did not want to open the door to future litigation by admitting that the lack of netting created a dangerous atmosphere for fans. Regardless, this is the right move and I believe prevent serious personal injuries to fans that are sitting defenseless to lightening fast line drives and broken bats.

I would like to see all 30 baseball franchises extend their protective netting.

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

Fleet Feet Posts The 12 Most Dangerous Intersections In Chicago For Runners

Fleet Feet, a popular Chicago store for runners to find shoes and other athletic gear, ran a fantastic poll regarding the most dangerous intersections in the city for runners. You can see the complete list by clicking here.

They compiled their results from a previous poll and also asked their social media followers to respond. Here is the list of the 12 most dangerous intersections:

  1. Roosevelt & Union
  2. Diversey & Lakeshore
  3. Kedzie & Logan
  4. Alleyways (all of them)
  5. Elston & Irving Park
  6. Halsted & Fullerton
  7. Fullerton & Damon
  8. Ashland & Cortland
  9. Ardmore & Sheridan
  10. LaSalle & Clark
  11. Sangamon & Jackson
  12. North & Milwaukee

I’m familiar with most of these intersections and have jogged and/or walked through some of them dozens, if not, hundreds of times, and yes they can be dangerous. I believe the LaSalle/Clark Intersection is dangerous for multiple reasons. For one, when heading south on Clark, the far right lane veers off onto LaSalle. For walkers and joggers, there is supposed the be a pedestrian walkway that allows you to cross the street and stay on Clark rather than veer right onto LaSalle. I can’t tell you how many times I’ve seen vehicles not pay attention and almost hit a pedestrian. The problem is that the white lines outlining the walkway have completely faded. I believe the city needs to re-paint and make more visible for everyone.

If you are a jogger or enjoy walking, make sure you always keep an eye out for your surroundings, especially if you frequent any of the above intersections. It would be nice if the city would look at each of these intersections and consider better cross-walk precautions such as pedestrian stop signs. I am hoping the Fleet Feet forwarded their results to the cities’ department of transportation.

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

More Faulty Takata Airbags Force 5 Million Additional Vehicle Recalls

Multiple media outlets reported recently that based on Takata Company’s faulty airbags, 5 million vehicles are being recalled in the world wide (approximately 2 million  in the U.S.). Allegedly moisture can get inside its air bag control computers, causing the power supplies to corrode and fail. If that happens, air bags may not inflate in a crash or they could deploy without a crash.

This recent recall for Takata comes on top of recent 24 million vehicle recall for their faulty airbag inflator. Takata’s inflators can explode with too much force, blowing apart a metal canister and sending shrapnel into the passenger compartment. At least 11 people have died worldwide from the problem, and 139 injured. This previous recall is the largest of its’ kind in U.S. history. The U.S. safety investigation began in August after NHTSA found 19 complaints from drivers that air bags didn’t inflate in crashes of older Honda Accords.

The automakers affected by the recall include Honda, Toyota, Fiat Chrysler, Volkswagen, Mercedes, Mazda and Volvo. If you own a Honda/Acura SUV, you can look up your vehicle here, starting February 15. Typically, your auto dealer or auto maker will mail you a notice advising you of the recall. I highly recommend doing your own search to see if your vehicle’s air bag needs to be replaced.

Takata and the auto makers are no doubt facing numerous auto defect and product liability lawsuits for injuries.  They will also be facing class action lawsuits for the auto defect based on the loss of value the auto owners will see in their vehicles.

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

 

 

It’s Time To Remove Red Light Cameras From Chicago’s Intersections

I have written multiple posts regarding Chicago’s much maligned red light and speeder cameras over the last several years. The issues have concerned the actual validity (do they make our streets safer?) to the overt corruption that took place. The piper is now asking to be paid for the corruption as former Chicago Department of Transportation Office, John Bills, was found guilty in federal court on all 20 counts of public corruption, including bribery and mail fraud. Bill was convicted for accepting cash, luxury hotel accommodations, trips and sporting event tickets from Red Flex, the original company the city hired to handle their red light cameras. Prosecutors estimate Bills received up to $2 million in cash and other perks. Bills awaits sentencing on May 5.

To me this is all kind of a joke, including any sideline camera them selves. Studies have shown, including one performed by Texas A&M University, that Chicago’s red light cameras provide no net safety benefit for drivers and pedestrians. Yes, t-bone accidents have decreased slightly but rear-accidents have actually increased. The only possible benefit to the city (if you believe the studies) is that it is a cash grab. At the same time the cameras’ purpose are being questioned, all of the above corruption comes to light. Red Flex buys their way into city hall, while city official fatten their pockets. How can we possibly take this program seriously. They do not make our intersections safer and the whole history behind the program is corrupt. It is time to remove red light and speeder cameras from Chicago’s intersections.

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