NASCAR Driver Tony Stewart Named In Wrongful Death Lawsuit

I wrote extensively last year about the fatal car crash involving Tony Stewart when his sprint car crashed into another driver who had exited his vehicle during the race. The sprint car race took place Canandaigua Motorsports Park on Aug. 9, 2014.

As many recall, a criminal investigation occurred following the fatal car accident and Mr. Stewart was absolved of any criminal wrongdoing, including negligent homicide, often referred to as manslaughter. Manslaughter charges can be sought when the crime does not rise to the level of an intentional act. Rather, the criminal act is based on some sort conscious disregard for others, which leads to another’s death. These types of charges are often brought in fatal drunk driving cases. Regardless, a grand jury was convened and they did not believe that Mr. Stewart’s actions were intentional or rose to the level of manslaughter. The grand jury concluded that Kevin Ward’s death was an accident.

Being cleared of criminal actions did not absolve Mr. Stewart from liability in civil court. The family of the deceased driver has filed a civil wrongful death lawsuit alleging Stewart of gross negligence, saying he gunned his engine and put his car into a skid as 20-year-old Kevin Ward Jr. walked onto the track after a crash at Canandaigua Motorsports Park on Aug. 9, 2014. The car struck Ward, and he was killed. The lawsuit notes Stewart’s reputation for having a temper and claims that Stewart deliberately veered toward Ward after the collision.

It will be interesting to see how far this case goes into litigation and whether the case actually goes to trial. Mr. Stewart’s legal team will no doubt argue that Mr. Ward was negligent himself by exiting his car and putting himself into harm’s way. If this case goes to the jury, I could see them concluding that Mr. Ward was at least partially at fault for stepping out into the track. The key will be whether the Ward family can prove that Mr. Stewart skidded intentionally and that was a negligent act considering he was so close to the other driver. Further, Ward’s family must show that the skidding action caused Mr. Stewart’s vehicle to fishtail and strike Mr. Ward.

If you or someone you live has been involved 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.

Lyons Township High School Adding Traffic Light & Pedestrian Crossing

The Chicago Tribue reported this week that the town of Willow Springs has decided to add a traffic light and pedestrian crossing at Lyons Township high school located on Willow Springs Road.

Western Springs officials say the traffic light will make the area safer for motorists and pedestrians for both park and school traffic. A pedestrian crossing has also been installed at Mason Drive.

“It’s been a long time coming, and it is good to finally see this come to fruition,” said Village Trustee Sheila Hansen.

This isn’t the first safety initiative in Willow Springs recently. They have worked alongside the town of Lagrange to improve safety for drivers, pedestrians and bicyclists.

An intergovernmental agreement was signed by the two villages, the park and school districts back in November 2012 that outlined the need for the project. A traffic corridor study was also conducted from 47th Street to Adventist La Grange Hospital between the villages of La Grange, Western Springs and the school district at a shared cost of $18,500, La Grange officials said.

The total cost of the project was listed at $416,000 after bidding last fall, according to budget numbers from the village of La Grange, with $376,000 in federal Surface Transportation Program grant funding, and a $90,000 grant from the Illinois Department of Commerce and Economic Opportunity. The project includes reconfiguration of internal roadways and drop-off and pick-up procedures within the LTHS campus, alignment of the driveway entrances at Denning Park with the proposed signal at LTHS, installation of east-west sidewalk through Denning Park to connect to existing neighborhood sidewalk system, an enhanced crosswalk at Mason Drive and Willow Springs Road, and enhanced school speed zone signs with flashing yellow beacons, according to the proposal approved by the village of La Grange, the lead agency for the project.

It is good to see these suburban communities working together, which will hopefully prevent future accidents. I think it is interesting to see that this initiative did not include any talks about red light cameras or speed cameras that, as we all know, are scattered across Chicago.

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

Studies Show Summer Is Most Dangerous Time Of Year For Drivers

The Chicago Tribune published an interesting article last month about what we should expect this summer for on the highways in Illinois. Basically, the authors pointed out that that due to the increased number of expected travelers this summer, we should expect more car accidents and traffic fatalities than we saw in 2014. Going into Memorial Day weekend, Illinois already had 15 more traffic fatalities than the same time last year.

While vehicle fatalities have increased 5 percent in Illinois so far this year, motor vehicle deaths nationally increased 11 percent — to 8,250 fatalities — in the first three months of 2015, compared with the same period in 2014, according to an analysis by the National Safety Council, based on preliminary figures from the National Highway Traffic Safety Administration. The traffic safety administration’s official count includes only traffic deaths that occur within 30 days of accidents, whereas the safety council counts deaths that occur within a year of accidents.

Injuries resulting from car crashes in which medical care was received hit almost 1 million from January through March of this year in the U.S., a 26 percent increase from the same period in 2014, the safety council said.

The increase in crash-related deaths correlates to more vehicles on the roads, more total miles traveled and lower fuel prices, officials said.

The leading causes of traffic accidents continue to be intoxication and the use of cell phones. Despite most states, including Illinois, which have outlawed the use of cell phones while driver, not state has banned hands free usage.The National Traffic Safety Board (“NTSB”) and subsequently the the National Safety Council  have called for a ban on hands-free cellphone use of any kind, but no states have enacted laws completely prohibiting the use of mobile devices while driving. Illinois law permits the use of hands-free devices, except in construction zones.

If you are going to be travelling on the road this summer, be sure to buckle up and put away your cell phone.

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

Illinois Police Departments Implementing 2015 ‘Click It Or Ticket’ Campaign

Illinois State Police along with hundreds of local police agencies around the state implemented the “click it or ticket” campaign, which ran from May 11 through May 25. This time of year officially kicks off the busy traffic season. I did a little research about this program and it was interesting to me to see that the main purpose, according to the Illinois State Police, is not to merely hand out tickets and collect money. The mission of this program is to influence people to buckle up and prevent injuries and traffic fatalities.

According to the buckleupillinois.com website, stated that based on research, certainty of a ticket convinces more drivers to wear seat belts, which in turn decreases injuries and saves lives. Also according to the website, motor vehicle crashes are the number one leading cause of death and disability for Americans between the ages of 4 and 34. You can click here to answer frequently asked questions about “click it or ticket.”

The weather is much nicer but there a many more drivers on the road this time of year. To me, it has always been a no-brainer to wear your seat belt. It shouldn’t matter what time of year or if there’s an increased chance of receiving a ticket. It could actually save your life or at the very least prevent a serious injury.

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 House Speaker Madigan Stands Strong Against Tort Reform

Many have heard the words “tort reform” on this blog and in media. New Illinois Governor, Bruce Rauner, has been touting tort reform around the state since he took office in January. Tort reform is the big business and insurance industry’s attempted lobby to limit what the injured can be awarded in civil lawsuits. 2005 legislation on capping medical malpractice awards was ruled unconstitutional in 2010 by the Illinois Supreme Court. The Court correctly concluded that this violated a plaintiff’s right to trial by jury.

The Chicago Tribune reported this week that Illinois Speaker of the House, Michael Madigan, held a daylong hearing for the entire House allowing victims of personal injury accidents and medical malpractice to have their stories heard. This included testimony from people like Molly Akers, who told of being incorrectly diagnosed with breast cancer and undergoing an unnecessary mastectomy. Testifying alongside Akers was Linda Reynolds, a Missouri resident who won a $4.5 million judgment but was not able to collect the full amount because of caps on damages in her state. Reynolds said she noticed a lump in her breast in 2003 but wasn’t taken seriously by her doctor. By the time she was diagnosed with cancer, it was too late, she said. Reynolds said the cancer has spread to other parts of her body over the years.

I applaud Speaker Madigan for standing strong against Rauner’s tort reform rhetoric. It’s funny when you hear the Governor and others beating the drum of tort reform and you have to think – – what if that was one of his family members that was misdiagnosed or involved in a catastrophic car accident? I do not believe he would just put his hands up in the air and say, “that’s life.” No, I believe he would react just like all other every day Illinoisans would. He would respond by holding those responsible for their negligent actions. Remember, anyone who has been injured due to the negligence of others has the right to have their day in court. They have the right to have their story told before a judge and a jury. They have a right to be compensated for their losses. Do not forget these fundamental rights when you go to the voting booth and who is trying to take these rights away.

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

 

 

DNA Info Website Produces Fascinating Information On Chicago Speed Cameras

The fantastic website, DNA Info Chicago, published an interesting article about the statistics on Chicago’s speed cameras since 2013.

First a little background on Chicago’s red light cameras. The ordinance went into effect in 2013 and authorized the city to ticket drivers traveling 6-10 mph over the posted limit  with a $35 fine. Violators traveling 11 mph over are fined $100.  The speed cameras planted near parks are active when the parks are open, generally from 6 a.m. to 11 p.m. daily and have a 30 mph speed limit. In school zones, the cameras are on from 7 a.m to 7 p.m. Monday through Friday when school is in session. The speed limit differs from 20 to 30 mph, depending on if children are present in the area.

The article revealed that of the 146 cameras around the city, only 21 (or 1/8) produced the majority of the $58 million the city has collected in fines since the program began in 2013.

The busiest 21 cameras are spread across the city, with 11 on the South Side, seven on the North Side and three on the West Side.The most productive camera can ring up more than $7,000 in fines a day, on average .

The busiest cameras tend to be on stretches where drivers feel comfortable letting loose. The top four revenue-producing cameras, for example, are found on long stretches of open road, sometimes near expressways or industrial areas, with little cross traffic.

I think this information is very interesting because the city has touted the speed cameras as a public safety ordinance, to help protect children and pedestrians in park and school areas. Yet, according to these statistics, the majority of tickets are issued in wide open thoroughfares with very little congestion. Areas that you would assume would have the most of the cameras would be focused on these dense areas. Yes, we all realize that speeding is a leading cause of car accidents and traffic fatalities. In fact, I posted a quote yesterday from the Illinois State Police that said 40% of all traffic fatalities in Illinois were caused by speeding. But, are these cameras actually effective and preventing speeding in areas that require them the most? This article leads us to answer no.

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.

Illinois State Police Announce Special Traffic Patrols May 12 to May 24

Summer is upon us and travelling season typically picks up around Memorial Day week. There a lot of travelers on the road beginning that weekend and the Illinois State Police are responding. In a press release, the department announced that officers will conduct special traffic enforcement patrols –referred to as “sTEP” between Tuesday, May 12, and Sunday, May 24, in LaSalle County. The troopers will concentrate on speeding, failure to use occupant restraints and other driving offenses as part of their enforcement efforts. The sTEP program involves a combination of increased enforcement and public information designed to raise public awareness and compliance to all traffic laws.

According to the press release speeding is a contributing factor in 31 percent of all fatal crashes nationwide. In Illinois, speed-related car crashes account for over 40 percent of all traffic fatalities.

I would imagine we will see multiple traffic enforcement programs from state an local police over the Memorial Day weekend, which could include DUI stop zones and extra awareness on distracted drivers. As the weather gets nice there are a lot more of us out on the roads, so be safe.

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.

Chicago City Council Approves New Law On Red Light Cameras

The Chicago Tribune reported today that the Chicago city council approved a new “watered down” red light camera ordinance. The ordinance, which passed today and apparently has the mayor’s backing, The latest version requires city officials to meet with the community to present traffic safety evidence before putting in or taking out new red light cameras, but does not give residents the ability to veto a city decision. The measure also calls for the city “to engage an outside academic team” to study Chicago’s red light camera system and give recommendations about how it’s administered.

A previous version that was presented would have have increased the minimum yellow light time at Chicago intersections from 3 seconds to 3.2 seconds and required a council vote before any new red light cameras could be installed.

The Tribune aptly pointed out in their article today that the new ordinance failed to address the issues found in their scientific study performed last year by scientists from Texas A&M. Specifically, failing to address the city’s dangerously short yellow light times, which do not meet national engineering guidelines. Transportation engineering experts say that the city’s 3-second yellow lights, in combination with red light cameras, prompt many drivers to stop short to avoid a ticket. The experts agree that combination is responsible for an increase in rear-end car crashes.

So, I would say this is progress but it seems to be at a glacial pace. Though many aldermen candidates and mayoral candidates ran on platforms that would rid the city of red light cameras, have appeared to have failed to back up their campaign promises. My problem as that we know rear-end car accidents have actually increased at intersections where the city has put some red light cameras yet the city has failed to fully deal with this issue.

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.

Chicago Ranked Again As One Of Worst Traffic Cities

A new study released by TomTom.com has concluded that in 2015, Chicago has the 8th worst traffic in the United States. According to the study, an average commute that should be 30 minutes is typically 50 minutes in Chicago. The worst times for commuting are Tuesday, Wednesday and Thursday mornings and Thursday evenings. The best times are Friday mornings and Monday evenings. 

Luckily for us who live here in Chicago, the city did not rank in the top ten worldwide for the worst traffic. According to the sturdy, the worst city for traffic in the U.S. is Los Angeles and the worst in the world is Mexico City.

What does this mean for traffic accidents for Chicago drivers? Obviously, this is not good. The more congestion, the higher the odds a commuter will be involved in a car crash. Plus, the added commute time can add to stress levels, which can affect a driver’s ability. I have no data or studies to back this up, and it is simply this writer’s opinion, but I believe if there is bumper to bumper traffic, the more likely a driver will pick up his or her phone and become distracted. Think about it. If a driver is bored and sitting in traffic, doesn’t it seem more likely that they will tool around and text on their phone? I believe so, and I also believe that the more distracted drivers out there will obviously lead to even more car accidents

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.

Florida Judges Throw Out 24,000 Red Light Camera Tickets

As I have written multiple times the last few months, red light cameras have been under close scrutiny here in Chicago, especially during this mayoral election year. The scrutiny hit a tipping point a few weeks back, when city hall decided to remove red light cameras in fifty (50) different intersections across the city

A tipping point has been met in Florida. Time magazine recently reported that two (2) judges threw out 24,000 red light cameras because the enforcement procedure violated state law.   an Arizona-based vendor named American Traffic Solutions was responsible for reviewing the footage captured by red light cameras in Florida, and then it forwarded the specifics on to police. Judges ruled that the involvement by the out-of-state party is itself a violation of state law, hence the decision to negate traffic citations worth $6.3 million.

The article pointed out that more and more municipalities are dumping their red light camera programs. The state of New Jersey ended its red light camera program at the end of 2014, while officials and driver advocates in New York City have been demanding more transparency to red light camera systems—because there’s reason to be skeptical about the claims they actually improve driver and pedestrian safety.

What will happen in Chicago? Despite recent studies questioning the safety of red light cameras, allegations of fraud and short yellow light time, I believe it will be status quo. Red light cameras will not be going anywhere.

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.