Tag Archives: Chicago truck accident

NHTSA: Traffic Fatalities Up 8% In 2016

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The National Highway and Traffic Safety Administration (“NHTSA”) announced some unfortunate news in a press release last week that traffic fatalities were up 8% last year from the year before for the first nine months of each year. The agency’s statistical projection found an estimated 27,875 people died in vehicle accidents during that time in 2016, while 25,808 fatalities were reported for that same period in 2015. Also, the fatality rate for 2016’s first nine months increased to 1.15 fatalities per 100 million vehicle miles traveled. That represents an increase from 1.10 fatalities per 100 million vehicle miles traveled during the first nine months of 2015. The agency noted it relied on the same methodology used to generate the estimates for the first nine months of 2016 as it did to record the fatalities for 2015.

The various articles I have read don’t seem to point any specific reason why. The discouraging news is that these numbers are coming off a year where traffic deaths increased 7% in 2015 over 2014. Experts believe the increased travel is mostly a result of an improved economy and low gas prices. But NHTSA’s data experts said increased travel and a better economy alone can’t explain the rise in deaths. “We still have to figure out what is underlying those lives lost,” NHTSA Administrator Mark Rosekind said. “If it was simple, we would already know that.”

The increase in deaths is especially concerning because it has happened at time when cars are safer than ever. Nearly all new cars and light trucks now have electronic stability control and rearview cameras, for example. Automakers are also beginning to equip more cars with sophisticated safety technology like adaptive cruise control, automatic emergency-braking and blind-spot monitoring.

So what is the answer? The NHTSA isn’t giving us any plausible explanation. My own theory is that people continue to use their phones when driving. They continue to text and not take advantage of hands-free technology. I think this will continue to be the case as long as the penalties for texting and driving are weak. In my opinion, if an injury occurs from an accident where texting and driving was the cause, then the case needs to be treated like a DUI. At the very least the driver needs to be charged with a Class A misdemeanor. Without significant repercussions, drivers will not be deterred from typing on their phones while driving. This is the only explanation I can come up with as to why traffic fatalities have continued to rise the last two years.

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.

 

IDOT Pushes “Winter Weather – Get It Together”

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If you live in the Chicago area, or really anywhere in the Midwest, you know that winter is upon us. We had our first snow last weekend and we are looking at upwards of 12 inches of snow through tonight in the Chicagoland area. The Illinois Department of Transportation (“IDOT”) has been working hard to help drivers avoid traffic accidents and stay safe on the roads during the winter months. IDOT issued a press release recently called “Winter Weather – Get It Together,” which provides a list of driving tips to use when the roads are snowy and icy. Below is a list of driving tips:

  • Always wear a seat belt. It’s the law in Illinois.
  • Slow down. Slower speeds, slower acceleration, slower steering and slower braking all are required in winter driving conditions.
  • Drop it and drive. Put down the handheld devices – it, too, is the law in Illinois.
  • Don’t crowd the plow. A snow plow operator’s field of vision is restricted. You may see him, but he may not see you.
  • Avoid using cruise control in snow and ice.
  • Watch out for black ice on roads that appear clear but can be treacherous.
  • Be especially careful approaching intersections, ramps, bridges and shady areas. All of them are prone to icing.
  • Do not travel during bad weather unless absolutely necessary. If you do have to make a trip, check the forecast and make sure someone is aware of your travel route. Consider taking public transportation if it is an option.
  • Prepare an emergency car care kit that contains jumper cables, flares or reflectors, windshield washer fluid, a small ice scraper, traction material, blankets, non-perishable food and a first aid kit.
  • Carry a cell phone and a car charger in case of emergency.
  • Follow Scott’s Law. Slow down and move over for stopped emergency, construction and maintenance vehicles. ·
  • For more winter driving tips, check out this short IDOT video

Please be careful when driving in winter weather, but if you or someone you love is injured in a Chicago car crash or Chicago truck accident, then call Chicago personal injury lawyer, Aaron J. Bryant, for a free legal consultation. Call 312-614-1076 for a free legal consultation.

Should Rideshare Companies Track Car Accident Statistics

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I read an interesting article in the Red Eye this week, that investigated whether companies like Uber, Lyft and Taxi companies track the number of traffic accidents their drivers are involved in. You can read the article here.

The answer to the above question is no. Not only do rideshare and cab companies not track their driver’s car accidents, but neither does the state. All car accidents in Illinois that are reported to law enforcement must include an Illinois Traffic Crash Report. The investigating agency must fill out the report, which includes all of the driver information, whether medical treatment was required, whether traffic citations were issued and, most often, which driver was at fault for the traffic accident. The report also includes a box to check whether a driver was in a commercial vehicle (i.e. a tour bust or commercial van etc..) The report does not include a rideshare or taxi company classification. So, in theory, it is incredible difficult to to track the number of car accidents are caused by rideshare and taxi companies each year.

Should this change? Should the city of Chicago or the state alter the traffic crash reports to include a section regarding rideshares and taxi companies? I think the answer is yes. How do we know how safe these companies and their drivers are? I think it would be beneficial to start tracking these accident and classifying the type of drivers involved. This type of data would help local and state legislators determine if stricter driver qualifications are required for Uber and Lyft drivers. Should background checks and stricter driver testing be required? I don’t know the answer but we could learn a lot more if there were actual statistics taken on the number of car crashes occur every year.

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.

Special Traffic Enforcement Coming For Memorial Day In Illinois

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The weather is warming up and the number of motorists on the road is increasing. This is especially true with the Memorial Day holiday weekend coming up. According to the Chicago Tribune, several area police department and the Illinois State police are instituting their annual traffic enforcement policies “drive sober or get pulled over” and “click it or ticket.”

Specifically, the Arlington Heights police department from May 16 through the 30 will be implementing seat belt enforcement zones, impaired driving saturation patrols, and a Roadside Safety Checkpoint. The checkpoint will take place of Saturday, May 21, 2016 on Arlington Heights Road south of Algonquin Road.

Officers working the campaigns will be attempting to identify and cite motorists who choose to drive without using their safety belts, are driving under the influence of alcohol or drugs, or are committing other traffic-related offenses. The campaigns are funded with federal traffic safety funds, which are administered by the Illinois Department of Transportation – Division of Transportation Safety.

Be careful over the coming holiday weekend. There will be a lot of travellers on the road and unfortunately some of them will be drinking and have their heads in their phone.

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.

Extended Net Not Enough To Protect Fan At MLB Game

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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

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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

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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

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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

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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

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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.