Georgia Man Ticketed For Eating Hamburger & Driving

The Atlanta Journal Constitution reported that a Georgia man was given a traffic citation for driving and eating a hamburger. More specifically, the officer cited the driver for:  “exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the safe operation of such vehicle.”

It does not appear that there is a specific law against eating and driving in Georgia but the officer followed the man for two (2) miles and concluded that he was driving erratically enough that he deserved a ticket.

I did some research and there is no law in Illinois that forbids eating and driving. The Illinois State Police’s website does caution against eating and driving as ways to avoid distracted driving. Their website states: “Stop to eat or drink. Drive-through windows and giant cup holders make it tempting to have a meal while driving, but you’re safer when you stop to eat or drink. If you can’t avoid eating while driving, try to avoid messy foods.”

This may appear as a funny news bit but I believe eating and driving can be just as distracting as texting or using your phone while driving. All it takes is a second or two of not paying attention that can cause a driver to lose control and swerve into another lane or rear-end a fellow driver. This is especially true for messier foods. I agree with the State Police. Put the food down and wait until you can park somewhere to finish your meal.

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.

Red Light Camera Operator In Missouri Settles Class Action Lawsuit

According to the Kansas City Star, more than 100,000 drivers caught by red-light cameras in the Kansas City area (900,000 statewide) could get partial refunds under a proposed settlement of class-action lawsuits announced Friday.

American Traffic Solutions, which has provided the red-light cameras used in Kansas City, Grandview, Excelsior Springs and Sugar Creek, along with 23 other cities across Missouri, said Friday it had agreed to resolve all pending class-action lawsuits on behalf of those communities.

The total value of the settlement is estimated at $16 million, and each plaintiff/class member would receive a $20.00 refund from American Traffic Solutions in the settlement.

The basis for the class action lawsuit was that red light cameras were unconstitutional or in conflict with Missouri state law. In other words, the red light camera ordinance was perceived as a money maker rather than a safety provision. The Missouri Supreme Court will address the issue of whether red light cameras are constitutional within the next month.

 

As I have written here before, there is a class action lawsuit pending in Illinois against former Chicago area red light camera operator, Redflex, which alleges that this company was unjustly enriched millions of dollars through their contract with the city. It has been alleged in criminal court that Redflex employees received their contract with the city through bribes. There does not appear to be any class actions pending in Illinois which contest the constitutionality of the red light cameras.

If you or someone you love has been seriously injured in a Chicago car crash or Chicago truck accident, the call Chicago personal injury attorney, Aaron Bryant, for a free legal consultation at 312-268-7385.

 

Chicago Tribune Study: Red Light Cameras Do Not Decrease Car Accidents

The Chicago Tribune commissioned an independent study with Texas A&M University professors to determine whether Chicago’s red light cameras actually make busy intersections safer for drivers.

The study, which confirms earlier studies by Texas A&M, concluded that the cameras make very little overall difference regarding traffic accidents.  The study, which accounted for declining traffic accident rates in recent years as well as other confounding factors, found cameras reduced right-angle crashes (t-bone accidents) that caused injuries by just 15 percent.  According to a car accident attorney, there was a 22 percent increase in rear-end crashes that caused injuries, illustrating a trade-off between the cameras’ costs and benefits.

“The biggest takeaway is that overall (the program) seems to have had little effect,” said Dominique Lord, an associate professor at Texas A&M University’s Zachry Department of Civil Engineering who led the Tribune’s study.  “So the question now is: If we eliminate a certain type of collision and increase the other and overall it stays the same, is there an argument that it is fair to go with the program?” Lord said. “That is a question that I cannot answer.  “Just the elected officials can answer for that.”

So there is the million dollar question. If there is no safety benefit, and merely an economic one, should the city continue with its’ red light camera program? Mayoral candidate, Alderman Bob Fioretti, stated last month that he would do away with the program and plans on submitting an ordinance in April. What will Mayor Emanuel do? He has yet to respond.

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 312-588-3384.

Chicago Alderman Calls For End To Red Light Cameras

I’m not sure how I missed this last week, but Chicago Alderman and 2015 mayoral candidate, Bob Fioretti, has called for the end of red light cameras in the city. According to the great website, dnainfo.com, Fioretti said at a news conference at City Hall in December that he would submit local ordinance that would put an end to red light cameras.  “The majority of red-light cameras do little to create safety,” Fioretti said, citing a Texas A&M study showed they might help reduce so-called T-bone crashes of cars crossing in the intersection, only to increase rear-end, same-direction collisions involving cars either speeding up or slowing down at a yellow light.

He also said they were riddled with corruption and cited how the city ended its relationship with the original camera firm, Redflex, in a case that found city and company officials charged with federal crimes, with one already having pled guilty.

“The entire program is fraught with failed oversight, corruption and unfair enforcement,” Fioretti added.

According to this article Chicago has the largest traffic camera program in the country with 350 red-light cameras and 130 speed cameras.

This is quite a development as I have written on this blog over and over again that red light cameras do not make our intersections safer. In fact, as Alderman Fioretti pointed out, some studies have claimed that they make intersections more dangerous because drivers are timid and often stop short when they should drive through.

I have not seen a response from Mayor Emanuel on this issue but I seriously doubt he would pull the plug on traffic cameras at this point. City Transportation Commissioner Rebekah Scheinfeld defended the cameras in a statement: “The act of running a red light is against the law and can have disastrous and life-altering consequences including serious injury or death,” she said. “Traffic safety is a serious and important issue, and red-light enforcement cameras play a key role in helping to improve public safety.”

I have not decided who I am going to vote for next month but this is an issue I will definitely keep in mind before going to polls.

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

Car Accidents In Illinois Are On The Rise

The Chicago Tribune reported this week a wealth of statewide traffic accident statistics. Although the number of traffic fatalities in Illinois is down from last year, the number of overall crashes remains high and has state officials worried since there has been an increase of auto accident lawyer firms being hired for  legal representation. There have been on average, 782 car crashes per day in Illinois this year. This is the highest rate since 2008. State officials are citing that post-recession traffic along with the drop in gas prices has led to the high number of car accidents. With the increase in accidents there has also been an increase for the need of car repairs at collision center shops. These repairs got from auto glass repair to an extensive collision repair.

Despite the increase in car crashes, state officials are pleased to report that traffic fatalities are on the decline.  “If the provisional numbers for 2014 hold up, we could have the lowest number of fatalities in Illinois in several decades,” said Guy Tridgell, an IDOT spokesman in Chicago. “We are confident that we will have fewer than 1,000 motor-vehicle fatalities in Illinois for the fifth consecutive year. Just 10 years ago, we were well over 1,300.”

State safety officials said the installation of more guardrails, barrier systems and rumble strips on roads, along with recently enacted traffic laws, are all having a positive impact. This year, for example, it became illegal for drivers in Illinois to use electronic devices unless they are hands-free.

Poor decision making remains a constant cause of traffic accidents. Almost a third of the crashes involved driving at a high rate of speed, while another third are alcohol related.

One statistic that was not mentioned in the article or by state officials is the number of car crashes related to cell phone and hand held device usage. I would like to see what the number of car crashes are related to distracted drivers. Although I have been impressed with the Illinois Legislature’s effort to curb distracted driving – – and I have written so in the past – – I would still like to see stiffer penalties for those charged with texting and driving which results in a death or serious injury. Although the increase in traffic due to the improved economy is definitely a factor, I strongly believe texting and driving has to be another reason we are seeing an increase in traffic accidents in Illinois.

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

Illinois Governor Signs Amendment To Jury Law

On December 19, 2014, Illinois Governor Pat Quinn signed an amendment (Public Act 098-1132), that changes the scope of jury law in this state. First, the new law, which takes effect on June 1, 2015, increases juror pay to $25 for the first day and $50 per day for any after that a juror serves. Second, the amendment decreases the size of a jury from 12 to 6.

These new laws have been getting mixed reviews from the media, including an op-ed in the Chicago Tribune, completely denouncing the new law. The editorial basically states that the new law is a ploy by Plaintiff”s attorneys to curry favor with its jury. I take exception to the Tribune’s take on the new law. Serving as a juror is a tough burden the court system puts on its citizens. Jurors sacrifice their time away from their families, their jobs and money to serve. A minimal bump in payment for their time served is not asking too much to reimburse people for their sacrifice to the community.

I think it is unclear right now what all of the effects will be with a 6 person jury will have over a 12 person jury.  One thing is certain, a juries will be picked much more quickly, which will shorten the length of trials. And most likely juries will deliberate for less time because there are fewer voices in the room. All of these appear to be positives.

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.

Redflex Consultant Pleads Guilty In Red Light Camera Case

I wrote earlier this year about a federal investigation involving, Redflex, the technology company that previously handled Chicago’s red light camera technology. That federal investigation led to indictments against the Redflex CEO, and consultant and a city of Chicago official for all allegedly being involved in a bribery scandal. The Chicago Tribune reported today that the “bagman,” Martin O’Malley, plead guilty to a single count of conspiracy to bribe a public official. He faces up to five years in prison.

The interesting issue here for me is whether this will affect the pending class action lawsuit against Redflex. The lawsuit, filed earlier this year, alleges that Redflex was unjustly enriched millions of dollars from this contract with the city Chicago because they allegedly received these funds through illegal bribes. It will be interesting to see if the transcripts from Mr. O’Malley’s sentencing hearing will be used as evidence in the class action lawsuit. I will be following this case closely.

No word yet as to whether the city has any plans on ending the use of red light cameras throughout Chicago. I don’t see a change any time soon.

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.

Is Siri Just As Dangerous As Texting And Driving?

A new study by the AAA Foundation for Traffic Safety calls into question the safety of hands-free technology used by drivers. According to a news release posted by AAA last month, dangerous mental distractions exist even when drivers keep their hands on the wheel and their eyes on the road.

The study revealed the following findings regarding the distractions drivers create for themselves while behind the wheel:

  • Tasks such as listening to the radio ranked as a category “1” level of distraction or a minimal risk.
  • Talking on a cell-phone, both handheld and hands-free, resulted in a “2” or a moderate risk.
  • Listening and responding to in-vehicle, voice-activated email features increased mental workload and distraction levels of the drivers to a “3” rating or one of extensive risk.

“These findings reinforce previous research that hands-free is not risk-free,” said AAA Foundation President and CEO Peter Kissinger. “Increased mental workload and cognitive distractions can lead to a type of tunnel vision or inattention blindness where motorists don’t see potential hazards right in front of them.”

AAA is the front runner on this type of research and stated in their press release that legislative action should be considered, much like the ban on texting and driving. They suggest that voice automated technology should be limited to core related driving functions such as climate control and windshield wipers. They also suggest that there should be a ban on voice to text technology related to social media, text messages and emails.

If this research is accurate (which I believe it is), then AAA is at the forefront here and their suggestions should be listened to. To me it makes sense that voice to text functions such as emails, texts and tweets are a distraction and dangerous because drivers often times look down at their phone to check and make sure their texts or emails are accurate.

It will be interesting to see if any states or the federal government takes any action to limit voice to text technology. It could save lives.

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

Short Yellow Lights The Cause Of Red Light Tickets Being Dismissed

The Chicago Tribune published an interesting report recently about the rash of red light tickets being thrown out by administrative law judges. The reasoning behind the judge’s decision is simple: shorter yellow lights. The city requires that yellow lights last at least three (3) seconds and video evidence has revealed that tickets are being issued to drivers because of quick yellow lights. According to the article,   Xerox State & Local Solutions took over the program in March. Since April, hearing officers have cited short yellow lights as the reason for throwing out more than 200 of roughly 1,500 rejected red light tickets, according to their written notations. In the four years before that, under the old vendor, judges blamed short yellows only 37 times out of more than 12,000 successful appeals, according to their written notes. It’s a rate 50 times higher than when the old vendor, Redflex Traffic Systems Inc., ran the program.

Asked why Xerox had so many tickets with yellow times below 3 seconds when Redflex tickets — which showed measurements to the hundredths of a second — almost never showed a time below 3 seconds, city officials declined to answer, citing an ongoing investigation by the city’s inspector general.

The red light cameras have been under scrutiny from the beginning. Media outlets previously reported, and I have discussed here, about federal bribery charges against former city officials and the prior company that managed the tickets, Redflex. Further, a class action lawsuit was filed against Redflex alleging that they were unjustly enriched millions of dollars due to their corrupt bribery tactics.

Where does this leave the city now regarding red light and speed camera tickets? I have said since the beginning that these types of tickets appeared to be a money grab, despite the mayor’s office insistence that these were implemented as purely a safety precaution. Studies have shown, which I have documented on this blog, that red light cameras actually make intersections more dangerous because drivers tend to stop quickly at intersections for fear of being ticketed. As a result, driver’s are more prone to being involved in rear-end auto accidents. Unfortunately, I don’t think red light or speed cameras are going anywhere anytime soon. And the city will continue to be blasted by the local newspapers and TV stations as long as they continue to hand out tickets that are unwarranted.

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

NASCAR’S Tony Stewart Cleared Of Criminal Charges But Could Still Face Civil Suit

NBC News reported last week that NASCAR driver Tony Stewart was cleared by a grand jury regarding possible criminal charges resulting from the crash at Canandaigua race track, which killed fellow sprint car racer, Kevin Ward, Jr. Ward climbed out of his car and ran out onto the track to confront Stewart, whose car clipped Ward, eventually killing him in the collision.

According to the criminal lawyer, Stewart would not face any criminal charges, including involuntary manslaughter (i.e. negligent homicide). Interestingly, the district attorney also stated that toxicology reports showed that Ward had marijuana in his system, which allegedly could have caused impairment.

Although Stewart is cleared from criminal charges, he could still face a wrongful death lawsuit from Ward’s estate. That lawsuit would most likely come from Ward’s parents (assuming he was not married and without children). The lawsuit would allege that Stewart acted negligently and/or recklessly at the time of the accident by failing to avoid contact with Ward. This lawsuit will be an uphill battle though. First, the decedent, Ward, left his vehicle and ran out onto the track where he should have known he would be dangerously close to speeding sprint cars. Second, based on the toxicology report (assuming was accurate), could be used to show that Ward was in an impaired state.  One thing I will point at is that all of the other sprint cars that passed Ward had no problem avoiding and driving around Ward. Ward’s attorneys could argue that Stewart did not take the proper precautions that all of the other drivers did and he could have easily avoided this accident.

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.