Tag Archives: Chicago truck accident

Another Tesla Autopilot Crash Leads To More Legal Questions

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The Associated Press is reporting another Tesla car crash, which was allegedly traveling about 60 miles per hour, when it rear-ended a fire truck stopped at a red light. The driver sustained a broken right ankle, told police that her car was in autopilot mode and failed to brake before the violent impact decimated its front end.

This is is the fourth Tesla involved in a traffic crash this year while cruising in autopilot. The National Highway Traffic Safety Administration (NHTSA) has launched an investigation into the matter. “Consistent with NHTSA’s oversight and authority over the safety of all motor vehicles and equipment, the agency has launched its special crash investigations team to gather information on the South Jordan, Utah, crash.” the agency said in statement Wednesday. “NHTSA will take appropriate action based on its review.”

For me, the most crucial aspect of this particular case is whether the vehicle owner will seek damages against Tesla for her injuries. Typically in a case like this, the party that rear-ended another vehicle would not be able to seek damages for her injuries as she was the one that was at-fault for the car accident. Our civil justice systems allows parties to seek reimbursement for economic and non-economic damages against at-fault parties. In this case, if the driver can prove that the Tesla software failed by not stopping on time, then she could seek damages under a product liability claim. Unfortunately, product liability cases are very expensive due to the high costs of experts in these types of cases. Regardless, I think the driver here would have a very strong case based on the facts that we know. There are no allegations that the fire truck she rear-ended doing anything wrong. It was merely sitting idle at a red light. The question is whether an attorney will want to take on the cost for this type of case for just a broken ankle.

Another interesting question will be whether the driver’s insurance carrier will seek a subrogation claim against Tesla for the cost of repair or replacing the damaged vehicle. The insurance company could easily ask for reimbursement for the repair or replacement of the vehicle if the evidence continues to show that their driver did nothing wrong. Again, the subrogation claim would most likely come under product liability. This could be the rare situation where a plaintiff personal injury attorney and auto insurance company team up together for the same common goal.

These are some of the very intriguing issues that continue to arise from car accidents stemming from self-driving cars.

If you or someone you love 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.

Memorial Day Weekend Is One Of The Busiest Traffic Weekends Of The Year

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Next to Thanksgiving, Memorial Day is one of the busiest travel weekends of the year. According to AAA auto club close to 42 million Americans plan to take travel over Memorial Day weekend. This is a five (5) percent increase from last year.

In Illinois 2.04 million people plan to travel, which is an increase of four percent from 2017. Unfortunately, we will also see some of the highest gas prices in several years. It is estimated that the Illinois average for a gallon of gas is $2.95 is up from $2.70 last month, and $2.39 last year.

Based on past numbers, AAA expects to help approximately 340,000 motorists over the weekend.

This Friday, May 25, between 4:00 pm and 6:00 pm is supposed to be the busiest travel period over the weekend.

A few tips to ensure you have a safe road trip:

  1. Check your battery before heading out on an extended road trip.
  2. Check alternate routes and times for leaving so as to avoid the heaviest traffic
  3. Buckle up. Not only for safety purposes, but also, state troopers will be out in full force ticketing speeders and those no wearing their seat belts.
  4. Put the phone aside. For everyone’s safety, put your phone aside and stick with the hands free technology. This is always the safest way, but especially true when there are so many people out on the road.

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

Illinois’ Distracted Driving Awareness Week Took Place At End Of April

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Illinois’ second annual Distracted Driving Awareness week took place the week of April 20-27.  Illinois Distracted Driving Awareness Week, is a collaboration between the Illinois Association of Chiefs of Police, AAA,  IDOT, Illinois State Police, the Illinois High School & College Driver Education Association and nearly 300 law enforcement agencies in Illinois.  According to the Illinois State Police, the use of a cell phone while driving increases your chances of getting into a car crash by 400%.

Once of the local law enforcement agents that participated in the initiative was the town of Naperville. According to the Naperville Sun, their local police department issued over 350 distracted driving tickets during the month of April.   221 of the tickets were written the week of April 23-27, as part Illinois Distracted Driving Awareness Week. The rest were issued as part of the Illinois Drop It And Drive program conducted from April 16-30, according to a Naperville police news release.

Current Illinois Distracted Driving Laws include: mobile phones may only be used in hands-free mode or wireless earpiece, and drivers under the age of 19 may not use a phone in any way while driving. Breaking distracted driving laws in Illinois is considered a traffic offense, and first violation carries a fine of $75. Second violation has a $100 fine, $125 for third, and $150 for each subsequent offense. Causing an accident which results in injury while breaking Illinois distracted driving laws is considered “Aggravated use of electronic communication device”, carrying much harsher fines and penalties.

Hopefully we will see area law enforcement continue to crack down on distracted drivers throughout the year and not just in April

If you or a loved one has been seriously injured in a 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.

National Construction Work Zone Awareness Week Included Chicago Event

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Illinois Department of Transportation Secretary Randy Blankenhorn, who spoke at a National Work Zone Awareness Week event in Chicago last month stated: “Slow down, put the phone down, pay attention to your surroundings… you could save a life and more than likely it will be your own, as 4 out of 5 work zone fatalities are not our workers but drivers traveling through work zones.”

The Chicago Tribune reported recently that construction zone traffic fatalities have risen nationally, but fortunately, decreased in Illinois last year. There were 44 and 46 Illinois construction zone deaths in 2015 and 2016, but only 29 in 2017. Nationally there were 765 in 2016, a 7 percent increase from 2015.

The Illinois Department of Transportation (IDOT) is touting efforts made with law enforcement to help make construction zones safer as the reason for the improvements. Specifically, IDOT has been working with the Illinois State Police to help improve safety by cracking down on speeders and distracted drivers within construction zones.

Nationally, the excuses for the increase in deaths appear to be the same. Paul Pisano, team leader for road weather and work zone management for the Federal Highway Administration blamed the increase in traffic deaths to there being on the road, distracted driving and the amount of construction work being done.

Hopefully other states, and the federal government, can take a look at Illinois, and the efforts made with law enforcement to help improve safety in construction zones nationwide.  Illinois is far from perfect when it comes to traffic safety as there have been increases in pedestrian deaths in recent years. But hopefully the improvements seen in construction zones can be applied to all areas of traffic safety.

If you or a loved one have been seriously injured in 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

Tesla Driver Recreates Fatal Autopilot Accident

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It was reported in multiple news outlets that an owner of Tesla Model X, crashed into a concrete barrier and died  last month in Mountain View, California. The vehicle was in autopilot at the time of the accident.  According to reports, the vehicle had the choice to veer right or left, did not break, and the autopilot sensors did not detect the concrete block, causing the fatal accident.

The National Traffic Safety Board (NTSB) is investigating the accident. Tesla, release the following statement regarding this fatal car crash:

“The driver had received several visual and one audible hands-on warning earlier in the drive and the driver’s hands were not detected on the wheel for six seconds prior to the collision,” Tesla wrote. “The driver had about five seconds and 150 meters of unobstructed view of the concrete divider with the crushed crash attenuator, but the vehicle logs show that no action was taken.”

Essentially, Tesla is attempting to put the blame back on the driver.

Another Tesla Model X owner recreated the accident himself and recorded the test on his phone. You can watch the video here.

I think it is fair for us to conclude that this is not a true “autopilot.” The driver still needs to be aware as what is going on and be on alert as to any warnings that may come. Further, I don’t believe Tesla’s software still has flaws as do other self-driving vehicles, or we wouldn’t continue to see these fatal traffic accidents.

The litigation that is coming our way with these car accidents is going to be very expensive. There is no doubt in my mind that this will all be very expensive litigation, in part, due to the expert testimony that will be required to try to prove that Tesla’s software systems are faulty . Second, there will be lawsuits and cross-claims between parties as none of the parties involved or their insurers are going to want to take responsibility for the fatalities.  This will be on top of the normal lawsuits against the individual driver, who most likely holds an individual auto policy. This is going to lead to a lot of finger pointing and litigation. I will be interested to see what the NTSB concludes, and will be following this closely.

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

Illinois Traffic Fatalities Up Again In 2017

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According to the Illinois Department of Transportation (IDOT), 1080 people died from traffic accidents in 2017. That is up two (2) from the year before and more than what was recorded in 2014 and 2015.

“Distracted driving continues to be a concern, but it is incredibly hard to detect and enforce, some things we’ve noticed are an increase in number of motorcycle fatalities. Last year in February, it was warm enough for motorcyclists to be out on the road already.” said Kelsea Gurski, with IDOT.

IDOT said 158 motorcyclists were killed in traffic accidents last year. That was four more than had been killed the year before and 40 more than in 2014.

I have not seen any numbers to date trough the first two (2) months of 2018, so it is unclear whether we are at a better pace that 2017.

I agree with the IDOT spokesperson who stated that disctracted driving his hard to detect and enforce. As I have written in the past, the best solution, in my eyes, is to increase the fines and penalties for someone who is caught using their phone while driving. That is the only deterrent. I think it is fair to say that the stricter penalties for DUIs is one of the reasons we have seen a drop in drunk driving fatalities over the last 20 years.

If you or someone you know has been involved in a 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.

New Red Light Cameras Added To Michigan Avenue In Downtown Chicago

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Chicago’s busiest shopping district is the home of four (4) new red light cameras. The cameras were installed at North Michigan Avenue and East Ontario Street and South Michigan Avenue and East Jackson Boulevard.

The cameras will start ticketing drivers who run red lights starting on February 4. As I have written numerous times in the past, the red light cameras have undergone intense scrutiny. Class action lawsuits have been filed due to the effectiveness of the cameras and also based on the fraudulent circumstances the initial company the city used to install the cameras. Academic studies have been performed, which have concluded that the light have an overall neutral safety effect. In other words, they don’t actually reduce the number of accidents. The general public and media outlets have argued that the cameras are merely a money maker.

Regardless, despite all the controversy, the city is standing by the safety aspects touted by these cameras.   “I think over time you’re going to see more cameras placed downtown because we have a lot of (car) accidents, a lot of pedestrians issues, we have a lot of bike issues that are growing,” said Ald. Anthony Beale (9th Ward). “And so, this is the first step towards revamping the entire system.”

If one of these t cameras catch you driving through a red light, you will receive a $100.00 ticket. These tickets are not considered moving violations and will not affect your driving record.

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

Niles, IL Police Department Initiate “No Texting Tuesdays”

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There has been a statewide ban on texting and driving in Illinois for the past several years. Most towns and cities around the state, including Niles, have their own local ordinance banning the practice. The question remains is how vigilant police departments are in enforcing the laws. Niles, a suburb of Chicago, decided in late 2017 to make a concerted effort to crack down cell phone use by drivers, when the initiated “no texting Tuesday’s.”

Niles police department decided to dedicate one day a week towards cracking down on texting drivers. The tickets they issue include a $100.00 fine, but they are not considered a moving violation and do not affect a person’s driving record.

I applaud this move by the Niles police department as it is clear they are taking the issue seriously. The problem with distracted drivers, in my eyes, is that despite the state law and local ordinances, this problem is not going away. According to the National Safety Council of Distracted Driving causes about 1.6 million crashes per year and those crashes cause about 330,000 injuries. They say one in every four accidents is caused by texting.  As I have written multiple times in the past, without harsher penalties, drivers will not be motivated to put their phones down. I think we need higher fines, and at least, consideration of making it a moving violation where the driving record can be affected.

If you or someone you love has been seriously injured in a 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.

 

CTA Offering Free Bus And Train Rides For New Years Eve

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It is New Years Eve and for the sixth year in a row, the Chicago Transit Authority (“CTA”) is offering free bus and train rides. This is an excellent service for those who are going to be out and about and do not want to pay for cabs or an Uber ride. The free rides begin at 10 p.m. Sunday, December 31 until 4 a.m. Monday, January 1. MillerCoors’ Miller Lite is sponsoring the free ride program for the sixth straight year. As part of the sponsorship, Miller Lite covers the cost of all rides taken, plus the operating costs to run CTA service during the hours in which the promotion is offered. Last New Year’s Eve, CTA provided nearly 97,000 rides between 10 p.m. and 4 a.m.

“We are proud to once again offer safe, convenient and free transportation this New Year’s Eve,” said CTA President Dorval Carter, Jr. “We wish everyone a very Happy New Year and allow CTA be your designated driver for New Year’s Eve.”

There is absolutely no reason to ever drink and drive, but this is especially true if you live in the city and are going out on New Years. Enjoy the night, stay safe and take advantage of the free rides.

If you or someone you love has been seriously injured in a 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.

IDOT And CMAP Propose New Initiatives To Relieve Traffic Gridlock In Chicago

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Those who commute by car to work everyday in and around Chicago, know how stressful the traffic can be. It can be stressful just trying to drive to the one of the airports, or coming down to the city over the weekend. Chicago has been documented as one of the worst cities in the U.S. when it comes to traffic gridlock. According to the Chicago Tribune, the Illinois Department of Transportation (“IDOT”) and (“CMAP”) have recently teamed up to plan alternative solutions for freeing up some of the traffic gridlock in and around Chicago.

One of their first proposed ideas is congestion pricing. Congestion pricing would allow motorists to pay for the privilege of bypassing gridlock. According to CMAP, a congestion pricing added lane can shorten a motorist’s morning rush-hour commute by a third to two-thirds. Rush-hour traffic in un-tolled lanes would drop by a quarter to a third, according to CMAP research.

The second suggestion is  using expressway shoulders for buses, an idea already used on the Jane Addams tollway and on Interstate 55.

Another suggestion to their plan would be installing sensors along expressways that gather real-time data on bottlenecks, so motorists know ahead of time which stretches to avoid.

This all seem like legitimate ideas, but do we know if they will really work? Also, how would the state pay for all of this? Once possible solution is an additional gas tax.

I am a little dubious of all of the above ideas. I am not an engineer or a traffic expert, but none of the plans take the actual number of total commuters of the road. The additional bus lane is a start, but I really cannot think of many people that would take a bus out of or into the city due time on the commute. I would like to see further study into high speed trains and/or additional train lines. If Metra and the state can offer faster trains and/or more trains in and out of the city, I believe we would have more commuters deciding to stay out of their vehicles. Of course I don’t know the cost and whether this is even feasible, but if we want less vehicles on the road, it seems to me the most viable option would be a faster train system.

If you or someone you love has been seriously injured in a 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.