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.

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.

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.

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.

Traffic Tips For Winter Driving

Although it has been unseasonably warm so far in Chicago this winter, we all know that ice and snow will be here sooner than later. It can be incredibly dangerous to drive through winter weather, and I have provided a list of tips from AAA that will hopefully prepare you for conditions. You can find all these tips and more by clicking here.

Tips for long-distance winter trips:

  • Watch weather reports prior to a long-distance drive or before driving in isolated areas. Delay trips when especially bad weather is expected. If you must leave, let others know your route, destination and estimated time of arrival.
  • Always make sure your vehicle is in peak operating condition by having it inspected by a AAA Approved Auto Repair facility.
  • Keep at least half a tank of gasoline in your vehicle at all times.
  • Pack a cellular telephone with your local AAA’s telephone number, plus blankets, gloves, hats, food, water and any needed medication in your vehicle.
  • If you become snow-bound, stay with your vehicle. It provides temporary shelter and makes it easier for rescuers to locate you. Don’t try to walk in a severe storm. It’s easy to lose sight of your vehicle in blowing snow and become lost.
  • Don’t over exert yourself if you try to push or dig your vehicle out of the snow.
  • Tie a brightly colored cloth to the antenna or place a cloth at the top of a rolled up window to signal distress. At night, keep the dome light on if possible. It only uses a small amount of electricity and will make it easier for rescuers to find you.
  • Make sure the exhaust pipe isn’t clogged with snow, ice or mud. A blocked exhaust could cause deadly carbon monoxide gas to leak into the passenger compartment with the engine running.
  • Use whatever is available to insulate your body from the cold. This could include floor mats, newspapers or paper maps.
  • If possible run the engine and heater just long enough to remove the chill and to conserve gasoline.

Tips for driving in the snow:

  • Accelerate and decelerate slowly. Applying the gas slowly to accelerate is the best method for regaining traction and avoiding skids. Don’t try to get moving in a hurry. And take time to slow down for a stoplight. Remember: It takes longer to slow down on icy roads.
  • Drive slowly. Everything takes longer on snow-covered roads. Accelerating, stopping, turning – nothing happens as quickly as on dry pavement. Give yourself time to maneuver by driving slowly.
  • The normal dry pavement following distance of three to four seconds should be increased to eight to ten seconds. This increased margin of safety will provide the longer distance needed if you have to stop.
  • Know your brakes. Whether you have antilock brakes or not, the best way to stop is threshold breaking. Keep the heel of your foot on the floor and use the ball of your foot to apply firm, steady pressure on the brake pedal.
  • Don’t stop if you can avoid it. There’s a big difference in the amount of inertia it takes to start moving from a full stop versus how much it takes to get moving while still rolling. If you can slow down enough to keep rolling until a traffic light changes, do it.
  • Don’t power up hills. Applying extra gas on snow-covered roads just starts your wheels spinning. Try to get a little inertia going before you reach the hill and let that inertia carry you to the top. As you reach the crest of the hill, reduce your speed and proceed down hill as slowly as possible.
  • Don’t stop going up a hill. There’s nothing worse than trying to get moving up a hill on an icy road. Get some inertia going on a flat roadway before you take on the hill.
  • Stay home. If you really don’t have to go out, don’t. Even if you can drive well in the snow, not everyone else can. Don’t tempt fate: If you don’t have somewhere you have to be, watch the snow from indoors.

I think the last bit of advice is the most important. If the weather is just too treacherous, then stay home or opt for public transportation. 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.

Can Chicago’s Speeder Cameras Affect Your Personal Injury Case

The Chicago Sun Times reported this week that two (2) new speeder cameras were installed this month by the Chicago Department of Transportation. The cameras were activated at 3200 S. Archer Avenue and near Keystone Park at 1754 N. Pulaski Road, 4053 W. North Ave. and 4042 W. North Ave.

According to a personal injury attorney, while in the school safety zones, from 7 a.m. to 4 p.m. drivers must drive 20 miles per hour when children are present and the posted speed limit when no children are present. From 4 p.m. to 7 p.m., drivers must adhere to the posted speed limit, according to a personal injury attorney.

Those who are caught speeding for the first thirty (30) days will only receive a warning. After this trial period, tickets will be issued for those driving over 10 mph of the posted speed limit.

According to a personal injury attorney, a question that often pops up regarding speeder camera tickets is whether the video evidence can affect a car accident and personal injury lawsuit. The answer is yes. Often times when a dispute arises as to who caused a car crash, the parties can turn to the video evidence to determine who was at fault. This is especially true when there is a dispute as to who ran a red light. With the advent of red light cameras and other surveillance cameras, attorneys can request the video footage to help determine who was at fault with the presence of a personal injury attorney. The same thing can now take place if a traffic accident takes place within the speed camera zone. The personal injury attorney who handles the case can file a freedom of information act (“FOIA”) request to the city of Chicago and determine if a party was speeding and if the speeding was the cause of the car accident. If you are unfortunately involved in a car accident then make sure you get legal help from one of the best personal injury lawyers and look for an auto accident injury chiropractor to get treatment for your injuries.

According to a personal injury attorney, the video evidence could also determine how violent the collision was. I think it is important for personal injury attorneys to take a close look at the crash reports and determine if the accident took place in a speeder zone. If so, according to a personal injury lawyer, the video footage could impact the validity of a case.

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.

AT&T Taking Virtual ‘It Can Wait App’ To High School Students

The dangers of texting and driving has been well documented by media the last five years. I have discussed the topic on this blog dozens of times. I have opined again and again that the penalties for texting and driving should be increased, especially in the instance where there is an injured party. The reasoning is similar to the drunk driving laws some thirty years ago. The penalties for drinking and driving for a long time in most states were the equivalent to a slap on the wrist. It wasn’t until interest groups pressured lawmakers to increase penalties, did we finally see heftier fines and jail time for drinking and driving throughout every state. Safety advocates have been pushing for the same changes to texting and driving laws.

I have to hand it to AT&T for their recent efforts to prevent texting and driving. Their “It Can Wait” campaign, which can be found all over television and social media has been incredibly effective. Further, AT&T is now going into schools and showing students first-hand the dangers of texting and driving.  The new app ‘It Can Wait” takes students on a 3D virtual reality tour of the dangers that can occur from looking at a cell phone while driving. The app “It Can Wait” can be downloaded on all IOS and Android phones. The virtual app reveals just how dangerous texting and driving is, and more importantly how quickly drivers can lose control of their vehicle when they look at their phone just for a second. I applaud AT&T for putting their money where their mouth is. This company reaps millions in profits for selling their services and smart phones, but at the same time is making a concerted effort to show how dangerous their devices can be if not used properly.

Click here to view what teen drivers are seeing through the virtual app.

If you or someone you love has been injured in 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.

All State Study Reveals Chicago Drivers Are The Least Safe In Illinois

According to All State Insurance Company’s 2015 “Best Driver” report, Chicago was the most unsafe drivers in the state of Illinois. Out of the 200 U.S. cities ranked, Chicago ranked 134th, with drivers having a likelihood of being in a car accident 24.4 percent more than the national average, and having an accident once every eight years. Chicago was up one spot from last year at 139.

The other Illinois towns that were ranked in the report include: Rockford ranked No. 46, with drivers having a traffic accident every 9.9 years; Aurora ranked No. 65, with drivers having a car accident every 9.2 years; and Naperville ranked 100th on the list, with drivers having an auto accident every 8.7 years.

I think looking at this report at first blush, one could easily view Chicago drivers as being much more unsafe that other drivers around the state. But, I think we need to consider the fact that there are tens of thousands of more drivers in Chicago than anywhere else in the state. And – -as I have written numerous times in the past – – Chicago is one of the most congested cities in the country. The odds of being involved in an auto accident increase exponentially while driving in Chicago merely because there are so many of other motorists on the road. I do not have any scientific evidence to back this up but I think it should be a factor rather than automatically assuming that Chicago drivers are much more careless than other places around the country.

If you or someone you love 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.

 

Chicago’s Traffic Congestion Is Still Terrible

Both the Chicago Tribune and Crain’s reported last week that there are five (5) stretches of roads in the Chicago area that are ranked within the top twenty (2) most congested in the United States.

The results are based on a study conducted by the Texas A&M Transportation Institute called the Urban Mobility Scorecard. No. 4 nationally was I-90/94 westbound from 35th Street to the Edens junction. The eastbound stretch from Montrose Avenue to Ruble Street, just south of Roosevelt Road, ranked No. 7 nationally. No. 14 nationally was the Jane Addams Memorial Tollway (I-90) eastbound starting at the Tri-State Tollway (I-294) and extending to the Kennedy at the Edens (I-94) merge. The study concluded that the Chicago area ranked No. 8 overall for the nation’s worse traffic.

As I have discussed recently on this blog, a portion of the traffic problem (and the increase in Illinois traffic accidents) is that the economy has rebounded and there are more drivers on the road. “The national congestion recession is over,” the report concluded. “The total congestion problem is larger than the pre-recession levels.”

What does this mean for Chicago drivers and their commute times? A driver in the Chicago region who really needs to arrive on time at a destination that is 20 minutes away in light traffic should instead budget a full hour to get there during peak travel times, said Bill Eisele, a senior research engineer at the transportation institute and the report’s co-author.

What is the solution to this gridlock? The authors of this study believe that lawmakers must act aggressively to address the traffic issues before the problems get worse. Experts say possible enhancements include expanding roadway capacity, providing incentives for people to alter their travel times away from the 6 to 10 a.m. and 3 to 7 p.m. peak hours, and expanding public transit and attracting new riders with new services that include new rail lines and bus rapid transit, airport express trains and options directed at luring reverse commuters from their cars to trains and buses.

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.