Tag Archives: Chicago personal injury lawyer

NASCAR’S Tony Stewart Cleared Of Criminal Charges But Could Still Face Civil Suit

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NBC News reported last week that NASCAR driver Tony Stewart was cleared by a grand jury regarding possible criminal charges resulting from the crash at Canandaigua race track, which killed fellow sprint car racer, Kevin Ward, Jr. Ward climbed out of his car and ran out onto the track to confront Stewart, whose car clipped Ward, eventually killing him in the collision.

According to the criminal lawyer, Stewart would not face any criminal charges, including involuntary manslaughter (i.e. negligent homicide). Interestingly, the district attorney also stated that toxicology reports showed that Ward had marijuana in his system, which allegedly could have caused impairment.

Although Stewart is cleared from criminal charges, he could still face a wrongful death lawsuit from Ward’s estate. That lawsuit would most likely come from Ward’s parents (assuming he was not married and without children). The lawsuit would allege that Stewart acted negligently and/or recklessly at the time of the accident by failing to avoid contact with Ward. This lawsuit will be an uphill battle though. First, the decedent, Ward, left his vehicle and ran out onto the track where he should have known he would be dangerously close to speeding sprint cars. Second, based on the toxicology report (assuming was accurate), could be used to show that Ward was in an impaired state.  One thing I will point at is that all of the other sprint cars that passed Ward had no problem avoiding and driving around Ward. Ward’s attorneys could argue that Stewart did not take the proper precautions that all of the other drivers did and he could have easily avoided this accident.

If you or someone you love has been involved 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.

Odds Of A Vehicle – Deer Collisions In The U.S. Doubles In October, November & December

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State Farm insurance company released a study today that says that the odds of a U.S. driver colliding with a deer is about 1 out of 169. According to the study, those odds double over October, November and December due to deer hunting season.  “Periods of daily high-deer movement around dawn and dusk as well as seasonal behavior patterns, such as during the October-December breeding season, increase the risk for auto-deer collisions,” said Ron Regan, executive director for the Association of Fish & Wildlife Agencies. “Changes in collision rates from year to year are a reflection of changing deer densities or population levels – more deer in a given area increases the potential for collision. Deer populations are also affected by conditions such as new or improved roads with higher speeds near deer habitat, changes to hunting seasons to manage wildlife, winter conditions, and other related factors.”

State Farm provided a list of precautions when driving in areas that are high in deer population:

-Use extra caution in known deer zones.

-Always wear your seatbelt

At night, when there is no oncoming traffic, use high beams

-Avoid swerving when you see a deer Scan the road for deer and other danger signs

-Do not rely on devices such as deer whistles

Remember, if you are unfortunate enough to collide with a deer, and you are injured, you can be compensated for your injuries, medical bills and lost wages if you have uninsured motorist coverage. This is why it is so important to pay for full insurance coverage: including uninsured and underinsured.

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

15 Passengers Injured This Morning On Shuttle Bus Accident Near O’Hare Airport

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NBC Chicago, among other outlets, are reporting this morning that 15 passengers were injured during a shuttle bus accident on I-190 while heading in to Chicago O’Hare airport. Apparently the bus crashed into a median around 6:30 a.m. this morning, tossing passenger around in the bus. A total of 10 ambulances were called to the scene and 15 passengers were injured and taken to various hospitals around the city. Fire officials said four people were transported in critical condition, five in fair-to-serious condition, four in good condition and two people refused treatment.

Robert Gembala, another firefighter who also witnessed the crash, immediately rushed onto the bus and began assisting injured passengers.

“It was unbelievable what they did,” said firefighter Steve Siavelis, who was on the first fire truck to arrive at the scene.

Injuries varied, Sampey said, with passengers at the front of the bus experiencing the greatest impact.

“People were thrown around the bus,” he said. “Some were more critical than others.”

This is the second major accident that has happened in or around O’Hare this year. This Spring, a CTA blue line bus failed to stop when arriving at the airport and crashed up and over the tracks into an escalator. Several passengers were injured in that accident as well. Hopefully those critically injured this morning heal quickly and that there are no fatal injuries.

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

Illinois Governor Quinn Vetoes Ride Share Bills

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The Chicago Sun Times, Early & Often, political website reported yesterday that Governor Quinn had vetoed the controversial ride share bill that would have put restrictions on companies like Uber, Sidecar and Lyft.

The bill would have required rideshare companies to closely track how many hours each of their drivers averaged on their platforms. Those who offered rides more than 36 hours every two weeks would have to comply with safety regulations similar to taxi drivers — namely, obtaining a public chauffeur’s license, getting fingerprinted and submitting to a criminal background check. Additionally, the companies would have to provide commercial liability insurance identical to that which is required for taxis, for all its drivers — regardless of how many hours they spend on the platform. The governor’s veto ensures that Chicago’s less rigid ridesharing regulations championed by Mayor Rahm Emanuel will stand and take effect later this week.

This was a tough decision for Quinn as he was forced to balance both customer demand with thriving technology versus a protection of the old guard – – here being the taxi companies. The taxi companies are not happy at all as they are held to a much higher standard when it comes to background checks, training and fees for licensing. My issue was whether passengers, pedestrians and fellow drivers would be protected by enough insurance. I think the local ordinance passed in May in Chicago addressed this issue among others. As I wrote here, the local ordinance requires ride share companies and its’ drivers carry $1 million in commercial auto liability per incident while the driver has accepted a ride until the completion of the ride, $1million in commercial general liability per occurrence for bodily injury, personal injury and property damage, and auto liability insurance to cover drivers when logged into app until the driver accepts a ride. Basically, this covered the loophole where drivers didn’t have any passengers in their vehicle but are actively searching for fares. The local ordinance also required a basic driver training course and clean driving record (no misdemeanors convictions such as DUI or reckless driving). It is an endless debate and there’s a chance that the veto is overridden as the original bills passed the Illinois House, 80-26 in June, and would require only 71 votes for an override. The Senate passed the measure 46-8, and would require only 36 to override.

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

New Illinois Bill Changes Uninsured & Underinsured Motorist Coverage Law

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If you are not familiar with uninsured or underinsured motorist coverage, then above title may not mean much to you. If you have auto insurance, you have the option to purchase uninsured or underinsured coverage, which provides you coverage for bodily injuries should the driver that hit you not have insurance or not have enough insurance coverage, depending on the severity of the injury. If you involved in a car accident with a driver without insurance and are injured, this type of insurance coverage is used to pay your medical bills, lost wages and for any pain and suffering and/or disfigurement. Often times, I have been able to settle these types of cases for my clients without going to an arbitration. If settlement with the insurance carrier is not possible, then we appoint an arbitrator and the insurance company appoints an arbitrator and the two then pick a third, neutral arbitrator. A hearing is then held where the arbitrator issues an award. The hearing (or arbitration) is similar to a trial except there is no jury and the amount of witnesses is limited as evidentiary requirements are waived for certain things like medical bills, medical records and photographs. This is a quicker and less expensive way to adjudicate a case.

This week, Governor Quinn signed House Bill 5575, which raises the limits for the right to reject arbitration awards under underinsured/uninsured motorist insurance policies by 50%. The old limits were $50,000/$100,000 and are now raised to $75,000/$150,000.  Previously, the insurance companies could reject an award for an individual that was over $50,000 if the policy limits were only $50,000. Now the insurance companies would only be able to reject an award if it was over $75,000. You can read the entire bill by clicking here.

This is a victory for those who are seriously injured in car accidents by drivers who do not have insurance or are underinsured. I cannot stress how important it is for drivers to purchase full coverage insurance. You never know if the other driver who causes the car accident has insurance or not. What if you are injured by an uninsured motorist and unable work and support your family?  Purchase full coverage, so you know you and your family will be protected.

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

Illinois Governor Quinn Vetos Bill That Would Raise Truck Driver Speed Limit

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The Chicago Tribune reported this week that Illinois Governor Quinn used his veto powers to overrule a bill that would raise the speed limits for semitrailer trucks from 55 mph to 60 mph on interstates in Chicago and the surrounding area. The bill, which was sponsored by Sen. Jim Oberweis, passed the House 114-0 and the Senate 58-0.  Oberweis said the bill was designed to reduce the differential between cars going 70 mph and trucks limited to 55 mph.

“It would make the roads safer,” said Oberweis, who is challenging Democratic U.S. Sen. Dick Durbin this fall. “There would be only a 10 mph differential rather than 15.”

Quinn’s responded by stating that this was all about driver safety:  “no amount of fines, penalties or jail time can ever replace the lives of those whom we have lost to fatal accidents on our interstate highways,” Quinn said.

Citing the recent traffic deaths tied to big trucks traveling at high speeds, Quinn said, “The convenience of increased speeds for truckers on roadways does not outweigh the safety risks to children, families and our dedicated public servants.”

Quinn cited a July 21 truck crash on Interstate 55 near Arsenal Road in the southwest suburbs. An Indiana trucker, Francisco Espinal Quiroz, 51, of Leesburg, Ind., allegedly was speeding in a work zone when his truck slammed into three vehicles, killing 5 people. He has been charged with falsifying duty logbooks used to verify that a driver is not spending too many hours on the road without rest.

I think the Governor was correct in his decision here. Obviously the Chicagoland area is one of the most congested areas with traffic and trucks make up a big percentage of that congestion. Semitrailer trucks, if not driven properly or at a safe speed, can be prone to traffic accidents. Further, the results of a truck accident can prove much more deadly than regular vehicles based on the size of a semitrailer. I do not believe Governor Quinn was overstepping his boundaries as Governor in this situation.

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

9,000 Red Light Ticket Recipients Will Receive Chance To Appeal

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I wrote recently about the Chicago Tribune investigative article about abnormal spikes in red light camera tickets at various locations around the city. This story made news headlines around the country. The City Council responded last week with a hearing on the issue and announced that they were going to give ticket recipients a chance to appeal.

At a hearing of the City Council Committee on Pedestrian and Traffic Safety, Transportation Commissioner Rebekah Scheinfeld said the city’s Finance Department will send letters to approximately 9,000 motorists who were issued a red light camera. Those people will be invited to get a new review of their case, and if it’s found the violation was an error, they’ll get a refund.

At the hearing, Commissioner Scheinfeld did come to the defense of how the red light cameras work and that there could be explanations for some of the spikes in tickets:

“It is important to note that there are always spikes in any automated enforcement system due to fluctuations in traffic volume and driver behavior where cameras are located. For example, if a street is closed for construction, increased traffic flow on an adjacent street or alternate route might drive up violations for a period of time during that construction. The occurrence of special events or severe weather can also create significant changes in traffic patterns,” she added.

In particular, she noted one spike cited by the Tribune — at 119th and Halsted in May and June 2011 — appeared to be the result of a project to repair the 111th Street and 115th Street bridges over Interstate 57. Shcheinfeld said the city believes drivers likely used Halsted to bypass the construction work by exiting I-57 at 99th and Halsted, then heading south to 119th Street to get back on the interstate.

I have called into question the validity of red light tickets from the beginning. Both former Mayor Daley and now Emanuel have stated over and over that the red light cameras (and speed cameras) are used for safety purposes. I have written in the past and still believe that this is a ruse and merely money grab by the city. There have been studies around the country concluding that red light cameras actually make intersections MORE dangerous because drivers stop quickly and increase the chance of a car crash. You can read one particular study here.

Now we learn that thousands of these tickets may have been erroneously issued. Prior to that we learned that Redflex, the company that handled the speeder cameras, bribed their way into their contract with the city. This lead to a class action lawsuit against Redflex for being unjustly enriched for the work done for their city based on illegal bribes. I have to ask, when to we finally call for end to these types of tickets?  I have to give the city some credit for at least recognizing the possible errors here and the potential for ticket recipients to be refunded their money.

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

 

Chicago Police To Focus On Drivers Who Ignore Cross Walks

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Despite a pedestrian safety law passed by the state of Illinois in 2010, pedestrian accidents have continued to be a huge issue in the city of Chicago. According to the Chicago Tribune, Chicago averages 3,000 auto pedestrian accidents and 30 pedestrian deaths per year. To combat this issue, Chicago police have organized 60 pedestrian safety enforcement stings planned for this year to draw attention to this ongoing issue. The operations will be conducted close to schools, senior citizen housing and busy retail areas, officials said.

Motorists are required to stop for pedestrians in crosswalks under a state law that took effect in 2010. The law, which carries a possible $120 fine in Chicago and up to $500 in some other jurisdictions, replaced a requirement that drivers yield to pedestrians and stop when necessary.

Chicago police last year issued more than 1,200 tickets for failure to stop for pedestrians at crosswalks, officials said. City officials say their goal is to eliminate half of serious pedestrian injuries during the next five years and the other half five years after that.

As I have written about multiple times in the past, Mayor Rahm Emanuel and Chicago officials have made it a priority to make city streets safe and accessible for bicyclists. I think equal attention needs to be provided for pedestrian safety. We live in one of the most congested cities in North America for motorists, bicyclists and pedestrians, and this type of enforcement is necessary to ensure drivers are following the rules of the road, which will in turn protect everyone – – including pedestrians.

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

Chicago Tribune Investigation Reveals Thousands Of Bogus Red Light Camera Tickets

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I wrote last week about a class action lawsuit filed against the red light camera technology company, Redflex, that the city of Chicago contracted with for its red light camera enforcement. The basis of the lawsuit was that Redflex unjustly profited from ticket fines after it was revealed that they bribed their way into the contract with Chicago transportation officials.

Shortly after the lawsuit was filed, the Chicago Tribune published an article based on a 10 month investigation about bogus tickets being produced by the Redflex technology. The investigation reported the following irregularities in ticket enforcement:

“Cameras that for years generated just a few tickets daily suddenly caught dozens of drivers a day. One camera near the United Center rocketed from generating one ticket per day to 56 per day for a two-week period last summer before mysteriously dropping back to normal.

Tickets for so-called rolling right turns on red shot up during some of the most dramatic spikes, suggesting an unannounced change in enforcement. One North Side camera generated only a dozen tickets for rolling rights out of 100 total tickets in the entire second half of 2011. Then, over a 12-day spike, it spewed 563 tickets—560 of them for rolling rights.

Many of the spikes were marked by periods immediately before or after when no tickets were issued—downtimes suggesting human intervention that should have been documented. City officials said they cannot explain the absence of such records.”

I think one of two things (or possibly both) will happen. First, the city and Redflex will offer refunds on tickets paid during this period of abnormal ticket enforcement. The second is another class action lawsuit against Redflex and possibly the city. Regardless if this glitch in the system was done intentionally or not (both the city and Redflex stated they knew nothing until the investigation came out), those ticketed on these dates should be reimbursed.

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