Illinois Governor Signs New Traffic Bill Strengthening “Scott’s Law”

Back in 2002, Illinois enacted a new traffic bill called “Scott’s Law,” which required drivers to slow down and safely change lanes when they see any vehicle on the side of the road with its hazard lights on. The Bill was named Chicago Fire Department Lt. Scott Gillen, who was killed in 2000. This Bill is often referred to as the “Move Over” law.

In a move to strengthen protections for first responders, Illinois Governor JB Pritzker signed an updated version of this Bill, which now protects protections to include authorized stationary vehicles with oscillating lights, first responders, Illinois Department of Transportation workers, police and anyone authorized to be on the highway for work-related duties.

The new law increases the minimum fine to $250 for a first violation and to $750 for a second and subsequent violations and adds a $250 assessment fee for any violation of Scott’s Law that will be funneled into a new fund devoted to producing driver’s education materials, called the Scott’s Law Fund.

Criminal penalties will increase to a Class A misdemeanor, punishable by up to one year in jail, if a violation results in damage to another car, or a Class 4 felony, punishable by one to three years in prison, if a violation results in an injury or death. Through the new law, an aggravating factor will be added to reckless homicide charges if Scott’s Law is violated.

The secretary of state also must include a written question about Scott’s Law in the driver’s license test. This new law becomes effective immediately.

Changes to Scott’s Law come after three Illinois State Police fatalities have occurred on the side of the road. Two of the three fatalities came as a result of violations of Scott’s Law and the third involved a wrong way driver.

Let’s hope the changes to this law raise awareness for drivers when they see first responders and road workers on the side of the road to slow down and change lanes. These are workers who are in a position to help protect people, but at the same time are in incredibly vulnerable situations while often times standing on the side of a busy highway.

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

New Study Looks At Causes For Electric Scooter Accidents

Electric Scooters have arrived in Chicago within the last month. There are thousands now available to rent around the city. As I wrote last month, the e-scooter program is similar to Divvy bicycles, which can be rented, picked up in one location and dropped off at another designated location. One major difference is that there are no designated pick up or drop off locations for e-scooters.

There has been quite a bit of news coverage the last few weeks regarding safety issues with these types of scooters. Within a few short days there were multiple traffic accidents reported, including a hit and run where a scooter apparently collided with a bicycle, leaving the bicyclist seriously injured.

So, what is the main cause of e-scooter accidents? My initial guess would be that the average person does not know how to properly drive them, especially in areas with heavy traffic.

According to a study d by the Texas Department of Public Health, the main culprit for e-scooter accidents is rate of speed. The study analyzed incident reports from nine area hospitals between Sept. 2 and Nov. 30 of last year. During that time, 192 people were injured, including 160 who were using dockless scooters through the city program and 32 who were possibly riding on privately owned devices.  Of those injured, 48% reported a head injury, including fractures, abrasions and lacerations, the study showed. Fifteen percent had evidence suggestive of a traumatic brain injury. Just one of the people injured reported wearing a helmet. Riders seemed honest when saying what caused their injuries: 37% of those surveyed said excessive speed was a contributing factor. 

I think the study confirms my assumption that many first time riders do not know how to handle these types of scooters in traffic. Specifically, they do no know when to slow down. I will be interested to see the statistics involved with e-scooter accidents in Chicago over the next year. Many parameters were put into place, including where the scooters could driven, and a ban on scooter use after 10:00 p.m. Let’s hope that the policies put into place will help protect those willing to jump on e-scooters and the pedestrians and bicyclists around them.

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

Saliva Tests For Drug Detection In Illinois Raises More Questions Than Answers

I wrote earlier this week about the legalization of recreational marijuana in Illinois. As I mentioned in the article, state police and individual police departments will be tasked with determining whether drivers are impaired by more than just alcohol. This will be difficult because marijuana can stay in someones blood for up to 30 days, and sometimes longer depending on how frequent someone uses the drug. In case the frequency is high they will be sent to a rehab center for example, Arizona has recovery delivered clinics.

One police department, Carol Stream, has started a pilot program to test saliva of drivers who have already been arrested. The program is being funded by the Illinois Department of Transportation (“IDOT”).  An officer currently determines whether a driver is impaired at the scene, brings that driver back to the police station, administers a chemical test (blood or urine) and then the saliva test is offered on a voluntary basis. It does not affect that person’s case and is just part of a study. The testing has not been approved to be used roadside.

Let me be clear, I have a lot of problems with this program, and a lot of questions need to be answered. First, readers should realize that there are 4th amendment (illegal search and seizure) violation issues that arise with this type of testing. If someone is pulled over for suspicion of driving under the influence, they do not have to submit to a breathalyzer test. No police officer can force you to take that test. Although, the saliva test has not been approved for roadside use, there will never be a time where I believe courts will confirm that forcing this type of test when someone is pulled over would be legal under the 4th amendment. Also, a driver does not have to submit to a blood test either. Although, if someone is arrested, a police officer can seek a warrant to take someone’s blood sample. Again, will the police be able to seek a warrant for a saliva test as well? I do not believe these types of warrants should be allowed unless or until the accuracy of these tests passes scientific measure. Again, how accurate are these tests? I don’t think we know yet.

Without knowing more, I cannot endorse this type of saliva testing by police departments. Remember, if you do get pulled over, you do have rights. You do not have to submit to any of these tests without a proper warrant. Also, always contact an attorney if you have been arrested. You have rights, and one of those is to defend yourself against charges to DUI and against illegal searches and seizures.

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

Navy Pier Flyover Lane Closed This Week

Those who use the lakefront path for biking, running or walking have notice all the construction that has occurred over the last four (4) years. This included a flyover lane that was raised above lake shore drive parallel to Navy Pier. This lane, which a portion was opened at the end of 2018, has lanes available for both bicyclists and pedestrian joggers and walkers.

I was pleased to see this addition to the lakefront as it prevents bicyclists and joggers from having to occupy a much more dangerous stretch of sidewalk below (Lower Lake Shore Drive), which is directly adjacent to traffic exiting and entering Lake Shore Drive. Not only is the sidewalk below close to vehicle traffic, but it is incredibly narrow and hard from bicycles and pedestrians to occupy it at the same time, especially on busy days.

The city announced late last week that the flyover lane will be closed today, June 24 through June 27, as workers lay down permanent lane striping. Along with the rest of the lakefront, the flyover will now also have separate lanes for bicyclists and pedestrians.

The entire bridge is expected to be completed by the end of 2019. The flyover will span from at Ohio Street Beach and hug Lake Point Tower, clear the Ogden Slip, bypass Dusable Park and span the mouth of the Chicago River.

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

New Illinois Texting And Driving Law Takes Effect July 1st

A new Illinois traffic law takes effect on July 1, which will eliminate a free pass to first time offenders caught texting and driving. If someone is pulled over for texting and driving, and the officer has probable cause to believe the driver was in fact using their phone while driving, they will be issued a ticket rather than a warning. The previous law allowed drivers who were first time offenders to receive a warning.

More importantly, the new law also means that the ticket is a moving violation, which is misdemeanor in Illinois rather than a simple ordinance violation. In Illinois, your license will become suspended if you receive three (3) moving violations within a twelve (12) month period.

The law means no texting, talking, accessing the maps app and so on, unless with hands-free phone technology such as Bluetooth. It is also illegal to text or talk while holding a device at a stop sign, at a red light or while sitting in traffic.

I have been writing about texting and driving laws for years and the need for stiffer penalties. Hopefully now that drivers know that they will be charged with a misdemeanor, and could affect their pocket book and ultimately their right to driver, they will be more willing to put their phones down while driving.

If you receive a ticket, this does not necessarily mean it should be automatically paid. Drivers have the right to go to court and contest the ticket. In fact, if you do not think you have violated the statute and were wrongly ticketed, I recommend hiring an attorney and going to court to contest the ticket.

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

Chicago’s Electric Scooter Program Raises Safety Issues

On June 15 Chicago will launch its’ first electric scooter program. The scooters will be available to rent. The program will only allow use in designated areas between Irving Park and Pershing Roads. The Chicago Loop has specifically been omitted due to congestion and multiple other transportation options in the area. According to the city, one of the purposes of this program is an effort to “reduce single occupancy vehicle use.” 2,500 scooters will be available wherever it’s legal to lock a bike in public. They’re limited to 15 mph, and they will not be allowed on sidewalks.

Electric scooters in major metropolitan areas have created multiple safety concerns. Electric scooters are responsible for deaths in Dallas, Washington, D.C., Chula Vista, California, and Cleveland. A study, released in January by the Journal of the America Medical Association found of 249 emergency room patients in scooter accidents, most were head injuries, fractures, and soft-tissue injuries. One problem is a lack of helmets. Only 11% of patients under 18 and just over 4% of older riders wore a helmet. Two of those patients had severe head injuries and were placed in intensive care units.

Currently, there are no state laws in Illinois or local Chicago ordinances that require riders wear helmets. The good news is that the city has required the vendors to supply $5 million is insurance coverage per incident.

I have seen these scooters in other cities and for some riders, unfortunately, have not been easy to maneuver. I saw a woman fall down from her scooter in a parking lot and an ambulance had to be called. The problem I foresee is that Chicago is such a dense city. There are large amounts of vehicle and foot traffic in every neighborhood (not just the downtown loop). I hope this project works, but I think the city needs to watch this closely before expanding due to all the safety concerns. I would also like to see a local helmet requirement be put into place. The good news is there appears to be ample insurance in case there are electric scooter accidents that cause serious injuries.

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

Pedestrian Fatalities In Chicago Down 40% So Far This Year

I have written on this blog multiple times about Chicago’s Vision Zero. It is a traffic safety plan implemented by outgoing Mayor Rahm Emanual who’s goal was to eliminate all pedestrian traffic deaths by 2026. Part of the plan has been the implementation of speeding cameras, larger and more visible cross walks with traffic stop signs and designated bicycle lanes. Vision Zero was off to a rocky start as last year alone saw an uptick in Chicago pedestrian fatalities. Traffic safety might be improving.

According to Block Club Chicago, a local online news source, pedestrian deaths have decreased in so far this year compared to data collected from this time last year.

Between Jan. 1, 2018, and May 31, 2018, 20 pedestrians were killed in Chicago. During the same period in 2019, only 12 people on foot were killed in crashes, according to data presented last week to the Mayor’s Bicycle Advisory Council. Chicago Dept. of Transportation Assistant Commissioner Sean Wiedel called that very encouraging news.

So far, no specific data or studies have been provided to the press explain the decrease in deaths. The article points to the increased number of vehicles on the roads, higher speed limits and a growing number of drivers and those on foot distracted by cell phones and other electronic devices as the main causes for the uptick in pedestrian deaths in recent years. I would like to see what the numbers are by the end of the year to see if any of the policies implemented by Vision Zero could explain why the numbers decreased this years. I would also like to know if new mayor, Lori Lightfoot, plans to keep Vision Zero a priority for the city. Regardless, this is encouraging news, and we can only hope that the numbers continue to decrease the rest of the year and years to come.

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

New Study Shows Ride Share Companies Have Increased Traffic Congestion

A new study published this week by the San Francisco County Transportation Authority and the University of Kentucky, found that ride-share cars were responsible for more than half of the increase of traffic congestion in the city of San Francisco . The study, which was published in
journal “Science Advances,” concluded that commuters spent 62 percent more time in traffic in 2016 than they did in 2010, which was the year ride sharing companies like Uber and Lyft became available in San Francisco.

The researchers tracked ride-share pickups and drop-offs in San Francisco during a six-week period in 2016. They found that most occurred in parts of the city that already were highly congested and at times when traffic was at its worst, concluding that rather than taking cars off the road, ride-share apps were increasing traffic congestion in downtown San Francisco.

After finding that traffic levels in San Francisco had increased sharply from 2010 to 2016, researchers used a computer simulation to show how traffic would have changed over the same six-year period in the absence of ride-sharing and found that traffic rose only 22 percent in the “counterfactual” model.

These results lead us to conclude that transportation network companies are the biggest factor driving the rapid growth of congestion and deterioration of travel time reliability in San Francisco,” the researchers wrote. “These findings are of interest to transportation planners, to policy makers and to the general public in San Francisco and other large cities.”

The question remains, what do major cities like Chicago do with this data? Can Chicago transportation officials conclude that the continued traffic congestion in our city is being caused by the influx in ride share users? I think it is pretty clear cities like Chicago need to continue to invest in public transportation. They have done so in the past few years, but improvements are still needed. I think city officials need to consider additional train lines that could cover more parts of the West and Northwest sides of the city. Further, city officials along with CTA, need to focus on making public transportation as smooth, safe and enjoyable for rider as possible. They should attempt to make the rider want to use a bus or train (i.e. making the stations safe as possible along with shorter commute times).

Also, the city needs to continue, as it has done, to invest in bicycle lanes and bike sharing. This was a major focus of Rahm Emanuel’s administration. Let’s hope that incomiming mayor Lori Lightfoot continues to invest in these initiatives.

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

Chicago’s Lakefront Trail Renovations Finally Complete

Chicago Mayor Rahm Emanual is leaving office at the end of the month after two (2) terms in office. He has his critics and others that praise the work he has done for the city. I think he has done incredible work over the last eight (8) years drawing businesses to downtown, renovation projects and beautifying the city. For example, he promised two (2) years ago that he would expand the lake front trail, which would include separate lanes for bicyclists and pedestrians. He fulfilled that promise, and as a result we have a safer and more beautiful lakefront park to enjoy. This not only includes better paths for bikers and runner, but also an expansion of green space for visitors to enjoy.

Below is a breakdown of what the lakefront trail renovations entails and how it improved safety for everyone:

  1. More space between cyclists and pedestrians: this is especially important for safety purposes as you have two types of travelers cruising and vastly different speeds.
  2. Limited encounters between pedestrians and vehicles
  3. Less Signage: most of the rules and regulations (including separate directions arrows for bicyclists and pedestrians) are now painted onto the sidewalk. This makes for a more aesthetically pleasing trail.
  4. Updated mile markers: those in it for the exercise can track how far they are running or biking.

This is an incredible accomplishment by the mayor and his office. I believe we will see fewer accidents on the trail, and more importantly more people will be able to enjoy the beautiful lakefront.

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

Chicago Transportation Committee Approves Exclusive Lyft-Divvy Partnership

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.