Tag Archives: free legal consultation

City of Chicago Agrees To $38 Million Settlement In Red Light Camera Lawsuit

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The Chicago Tribune reported this week that the City of Chicago has come to a preliminary agreement with a class of plaintiffs who sued to city for unfair practices with the red light cameras. The proposed settlement is for $38.75 million, but still needs final approval from city counsel.

The class action lawsuit, which was filed in March 2015 and received class certification last year, alleged that the city violated its own rules by failing to send a second notice of a violation before guilt was determined, and by doubling the fine for late payment of tickets sooner than allowed. Following the filing of this lawsuit, city administration responded by changing the city ordinance to eliminate the requirement for a second notice. In September 2016, the city passed an ordinance to give those who hadn’t gotten second notices from 2010 to 2015 a do-over, sending notices giving people the right to request an administrative hearing to contest their tickets. Emanuel’s lawyers argued that brought them into compliance.

As part of this settlement, approximately 1.2 million people will be receiving 50% back on previously paid tickets.   Those who qualify will receive letters in the mail in upcoming months notifying them they were part of the suit and telling them how to collect their refunds.  Under the settlement, people who got tickets from 2010 to 2015 will be paid out of a $26.75 million pot. The city also will forgive another $12 million in motorists’ unpaid tickets.

I think this a positive development. I think it shows the city is being held accountable for their actions. I have long written on this site that the red light cameras were a money grab for the city. Looking at these lawsuits, settlements, indictments and convictions for the red light camera company Redflex, all I can do is sort of chuckle. It is sad for the city. What is even more sad is that the cameras didn’t make the city safer. Study after study showed that the net benefit of the cameras was a push at best. It makes me think I was right all along. These never should have been installed.

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.

Online Petition Pushes For Dedicated Bike Line In Wicker Park Neighborhood

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Milwaukee Avenue, between Armitage and Division Streets, in the Wicker Park neighborhood of Chicago, is one of the busiest in the city. Adding to the congestion is the number of bicyclists who attempt to navigate next cars and CTA buses. A new online petition, posted by the Active Transportation Alliance, is pushing a dedicated bike lane on this stretch of road.

According to data provided by the Chicago Department of Transportation showed more than 5,000 cyclists — and 13,000 vehicles — travel the Milwaukee Avenue corridor daily. Specifically, more than 800 cyclists ride through the triple intersection of Milwaukee, Damen and North avenues during the morning peak times to commute, according to the city.

According to the Chicago Tribune, the city is looking into the feasibility of installing a dedicated bike lane. By removing metered parking spaces to create a bike lane would mean the city would have to reimburse the parking meter company for spaces taken out of service. On-street parking would become an even greater obstacle for residents, shoppers, and restaurant and bar patrons. Another issue could be where loading zones would be located for businesses on Milwaukee.

City officials are planning a community meeting this summer to discuss proposed “near term” improvements based off the neighborhood master plan that could be implemented later this year to improve safety, slow car traffic and increase space for people biking and walking. The Milwaukee corridor is also heavily used by pedestrians, Claffey said. Such recommendations for Milwaukee Avenue could range from adding bike boxes and new crosswalks, closing the slip lanes that allow vehicles to turn right, installing curb “bump-outs” to shorten the distance for a pedestrian crossing a street and reducing the posted speed limit.

There are no easy answers here regarding a dedicated bicycle lane. I believe it would make traffic safer for everyone who travels on this stretch of road. Especially during rush hour. But the city will have to come up with the money to make it feasible. Where does that money come from? Additional metered parking in the neighborhood? If a bike lane would make the street safer and decrease traffic accidents, then  I think it should be a priority for the city counsel. Hopefully this online campaign will increase the awareness and force the city to act.

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

Harvard Professor Touting Tougher Penalties For Texting And Driving

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The Chicago Tribune published a fantastic interview with Jay Winsten, an associate dean of the Harvard School of Public Health, regarding his role in the creation of the designated driver and now his push prevent distracted driving. You can read the entire interview here.

Two things stand out in this interview for me. The first is that Professor Winsten points out that texting and driving continues to grow in this country because it doesn’t have the stigma that drinking and driving does. “There’s absolutely no social stigma connected with distracted driving today—unlike drunk driving, which took years to develop that social stigma. And Mothers Against Drunk Driving (MADD), starting in 1980, had a lot to do with that. But today, you know, if someone asks me at a cocktail party what I’m working on, and I say distracted driving, they’ll laugh and talk about their own behavior and how they’ll have to change because they themselves are a distracted driver. There’s no stigma of any kind associated with it. . .”

The professor is absolutely right. Plus, he points out that not everyone drinks, let alone drinks and drives. On the other hand, almost everyone has a smart phone, young and old, and people have trouble putting them down.

The second point he makes is that anti-texting laws are difficult to enforce, thus people aren’t afraid to pick the phones up when behind the wheel.

So what is his solution? The first is to push for better technology. Technology (maybe an app) that will tract you phone usage while driving. Technology that could possibly limit your phone usage while driving. His other suggestion is a second round of legislation. Legislation with tougher fines and stricter enforcement. I’m going to pat myself on the back here, but this is something I’ve been writing about for at least 5 years. I have said over and over on this blog, that the laws against texting and driving need to have teeth. Legislators need to consider making texting and driving a Class A misdemeanor, which is the same as a first time DUI offense. I don’t necessarily believe all texting and driving offenders should be charged at that level, but at least in situations that result in traffic accidents, or personal injury.

Finally, Professor Winsten is pushing for another awareness campaign, similar to the designated driver ads we saw in the 1980s. With the help of Hollywood, he believes this could be just as effective in curbing distracted driving.

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

Bicycle Dooring Accidents In Chicago Up 50%

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A report from the Illinois Department of Transportation (IDOT) stated that there were 300 dooring accidents (when a bicycle crashes into an open car door) in 2015. This was a 50% increase from 2014. There were 203 in 2014 and 270 in 2013 but down from the 334 reported in 2012 and 336 in 2011. IDOT first started collecting this data in 2011. The data also showed that there was a 3% total increase bicycle accidents from 2014 to 2015.

The question remains why there was such a sharp increase in dooring accidents in 2015. The safety advocate group, Active Transportation Alliance, told media outlets that it is unclear whether the increase is merely due to stepped up enforcement and more vigilant reporting by those involved. Regardless, the group also believes that 300 plus dooring accidents per year is unacceptably high.

It must be pointed out that drivers who negligently open their door in front of a bicyclist is punishable under local Chicago ordinance § 9-80-035, which carries a fine of $300.00.

So what can drivers and bicyclists do to avoid these accidents and what can the city do to lower this trend? First, I think the city should at least consider increasing the fine for the offense as a preventative measure. Second, drivers, when parked on busy city streets need take the extra precaution of looking at their side mirrors before opening their doors. Chicago drivers need to accept the fact that Chicago is one of the busiest and most prolific cities for bicyclists in the world and should learn to share the roads, even when parked. And finally, bicyclists must understand how dangerous it is to bike around a crowded city like Chicago and must constantly remain vigilant about their surroundings.

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

 

Should We Worry Who Trump Appoints As NHTSA Director?

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The Detroit Free Press published an interesting article this week regarding regarding the pending appointment of a chief executive National Highway and Traffic Safety Administration (“NHTSA”). The NHTSA is the agency charged with regulating the safety of the nation’s automobiles. According to the article, consumer advocates are fearing the worst: that Trump will appoint an automobile company executive.

Rosemary Shahan, president of the Sacramento, Calif.-based Consumers for Auto Reliability and Safety group, said she would not be surprised if Trump reaches out to an auto executive to fill the position of National Highway Traffic Safety administrator, vacant since Trump took office in January.

“He has a penchant of appointing people who have been regulated and allowing them to dismantle agencies,” Shahan continued. “You have all these companies who have been under investigations for safety violations recently. I wouldn’t be surprised if he appointed somebody from one of them. It would be consistent with his other appointments.”

Trump’s track record to date is not encouraging. He appointed an oil executing to run the EPA, which is the agency charged with protecting our environment. He appointed another oil executive as his Secretary of State.

We can’t jump to conclusions yet as no one has been appointed. But we should be wary of an appointment of an auto executive as there would be, in my opinion, an obvious conflict of interest if, say, a CEO of a major auto maker is appointment. Whose interest would they put first? The bottom line of the auto companies? Or, the safety of the consumer? Time will tell.

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.

Chicago Aldermen Propose Use Of “Textalyzer” By City Police

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The Chicago Tribune reported this week that two Chicago Aldermen are interested in new traffic technology called a Textalyzer, a device developed by Israeli company Cellebrite — which can access a phone’s operating system to check whether it was being used to text, email or perform other functions. Its name is a play on the Breathalyzer, which can help determine whether a driver is legally drunk.

Ald. Ed Burke, 14th, and Ald. Anthony Beale, 9th, on Wednesday introduced a resolution calling on the Police Department to appear before a City Council committee “to address the use of emerging technology, such as a Textalyzer, in enforcing the city’s existing traffic laws or the investigation of vehicle accidents.”

I have written on the dangers of texting and driving on this site ad nauseum through the years, as I believe it has been proven that distracted driving is an epidemic in this country. Far too many people text and drive and it is causing serious traffic accidents and sometimes traffic fatalities. My problem with this proposal is that it calls into question whether this type of technology invades on peoples 4th amendment right to privacy. Specifically, the constitutional right against illegal search and seizures. Many people do not realize that when stopped by policy they do not have to submit to a breathalyzer or other sobriety tests. Further, people have the right refuse an officer’s request to search their vehicles. Although, it must be noted that if an officer believes there is probable cause for a search they can go ahead and do so (though anything found in such a search could be subject to the Court’s scrutiny as to whether the search was legal). The point here is whether police should have the right to seize a drivers phone and perform a “Textalyzer” analysis to determine if the driver had been using the phone at the time of the crash? I don’t believe so. It could be argued that the phone could be seized if there is overwhelming evidence that the phone was being used prior to the stop (i.e. the officer saw the driver typing into the phone while driving or the phone was in the drivers lap following a car accident).

These are all questions that need to be answered prior to the city moving forward and handing over this technology to police officers. I do not believe the City Council should rubber stamp this technology without a careful determination of the constitutional implications. Further, there is the question of whether this type of technology would be a deterrent for drivers to use their phones while behind the wheel.

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.

Uber Suspends Self-Driving Test Vehicles Following Phoenix Car Accident

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The Associated Press reported last month about a self-driving Uber vehicle that flipped over on its’ side after a vehicle cut in front it. The self-driving Uber was a test vehicle carrying two test passengers. Luckily no one was hurt in the accident. Uber released a statement following this traffic accident that they were temporarily suspending their self-driving program at their three test locations (Phoenix, San Francisco and Pittsburgh), while they investigate the accident.

The question that remain, and most be answered by auto-makers and ride-share companies, is whether these self-driving vehicles are safe. More specifically, would that vehicle have tipped over if there was a human behind the wheel.

t isn’t the first safety issue involving the self-driving vehicles or with Uber in particular. California suspended the self-driving Uber program at the end of last year due a recurrence of the vehicles running red lights.  And last year a Tesla owner died in an car accident, when his vehicle misread a truck in front of it as an overhead traffic sign.

These are issues that make me and lawmakers dubious of self-driving vehicles. One issue that caught my interest from the AP article was that Arizona was only requiring Uber to carry to minimum insurance for its’ test self-driving vehicles, which is $15,000 per person / $30,000 per accident. I don’t live in Arizona but I have friends and family who do, and I think it is unconscionable that the state would not require higher limits on self-driving Uber vehicles, when the dangers are so unknown. What if someone would have been seriously injured or had died in that recent accident.? The coverage from Uber’s insurance would not have been able to provide proper compensation to cover the  medical bills, lost wages and serious pain and suffering or loss enjoyment of life.

Many issues remain, and I think it is fair to say the roads are not ready to take on self-driving vehicles.

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.

Smart Highway Technology Coming To Jane Addams Tollway

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Many commuters may have noticed over the last several months that congestion has cleared on the Jane Addams Tollway, which is the stretch of I-90 that covers O’Hare airport up to the Wisconsin border. Widening and rebuilding efforts was recently completed as part of the second phase of the 2.5 billion dollar project to replace, expand and update the tollway. If you are looking for new tech to add to your vehicle, then consider using a CAN Display. 

The next phase is currently underway, according to WBEZ radio and the Illinois Tollway’s homepage, which involves building “smart road” technology. This third phase involves installation of dozens of huge metal archways and signs above the road located between O’Hare and Barrington. These metal archways are dynamic signs that display suggestions for drivers. For example, if there is an accident two miles down the road from driver, a sign over that lane may show a big red X, encouraging drivers to change lanes before they get to the problem spot. Another lane may show a green arrow, communicating to drivers that they should drive in that lane. Tollway engineers will remotely update the electric signs to reflect current conditions. The technology will also allow Pace buses to ride on the shoulders, much like they already do on the Stevenson Expressway in Chicago. The signs are expected to up and running within the next few months.

The purpose for this technology is three-fold: improve safety, reduce congestion, and develop an infrastructure for future technologies like driverless cars.

I am somewhat dubious of the future of driverless cars but the potential for safety and congestion improvements is encouraging.

Similar “smart” signs were installed in Seattle in 2010, which has seen positive results. The system (known as “active traffic management”) reduced weekday vehicle collisions by seven percent, and weekend car crashes went down by as much as 20 percent.

I will be interested to see the results of this new technology in the next few years. As I have written recently, the country as a while (and Illinois) has seen an increase in traffic fatalities over the last few years, and our city and state have been searching for answers. Hopefully adding “smart” technology is a step in the right direction.

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

Study Shows Ashland Ave Deadliest For Chicago Pedestrians

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The Chicago Tribune reported last month that through an investigation of police statistics, that Ashland Avenue has been the most dangerous for pedestrians over the last four (4) years.

The statistics showed that from 2014 to 2016 the most traffic fatalities occurred on Lake Shore Drive (15), Ashland (14), Western Avenue with (14), Milwaukee Avenue (9), and Stony Island and North avenues (8). Those numbers include motorist, bicyclist and pedestrian fatalities.

The road with the most pedestrian fatalities over this period was Ashland with 10.  Why is Ashland such a major problem for traffic accidents? Once reason the article notes is that on the South side of the city motorists who want to avoid the expressway, choose to drive on Ashland, which makes it a much busier street than others.

The article also notes that being poor can also mean you’re more likely to die in a traffic crash. The city’s Transportation Department reported this month that people experiencing medium and high levels of economic hardship make up 82 percent of the city’s traffic deaths.

What can be done on busy streets like Ashland to protect pedestrians?

One is to install refuge “islands” in the middle of crossings so pedestrians can stop and wait midblock if the light changes, and traffic bump-outs. The latter means extending concrete into the intersection to reduce the space needed to cross and get cars to slow down, Such measures have been added during resurfacing in crash-prone areas.

 

Reducing the width of vehicle lanes on arterials helps slow traffic, Schady said. Another solution, especially in the suburbs, is reducing driveway access points. Countdown lights help pedestrians see how long they have to make it across. Traffic lights can also include a delay before the light turns green so pedestrians can clear the intersection before traffic moves again.

A way to calm traffic on Ashland in particular could be a rapid transit bus system between Irving Park Road and 95th Street. The idea, proposed by the CTA and the Transportation Department in 2013, faced opposition from residents and businesses and is stuck in the planning phase.

All of these ideas are part of the “Vision Zero” initiative that the city undertook in 2014, which was to eliminate all traffic deaths in the city.

Once thing for certain is that motorists need to constantly be aware of their surroundings when driving in the city. You have to be aware of course of other drivers, but also pedestrians, especially on busy avenues like Ashland.

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

U.S. Traffic Deaths Highest Since 2007

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The National Safety Counsel reported today that there were 40,200, a 6 percent gain from 2015 and up 14 percent from 2014. This is the first time since 2007 that traffic fatalities exceeded 40,000 in U.S.

As I wrote last month, this is a disturbing trend due advances in auto safety technology that has been introduced in the last ten years. The increase in traffic deaths have been previously blamed on more drivers being on the road due to an improved economy. I believe that this was a legitimate hypothesis for 2012 through 2014 but it doesn’t explain why number keeps increasing.

As I previously discussed last month, the only conclusion I can come to is that people continue to use their phones while behind the wheel. The The National Safety Council, a nonprofit safety advocacy group,  released survey that support this conclusion. Their survey findings showed that 47 percent of motorists are comfortable texting while driving. Some 10 percent of drivers reported driving drunk, and 43 percent of them were involved in a crash while impaired, the group said. The survey also found that 16 percent said they don’t wear seatbelts on every trip, while 25 percent are comfortable speeding on residential streets.

To stem the tide, the group renewed a call for a total ban on mobile phone use behind the wheel, even hands-free systems. It also called for mandatory ignition interlocks for convicted drunk drivers, a three-tiered driver licensing system for all new drivers under 21 and other steps to curb car crashes.

I can’t say that I agree with the ban on hands free devices, but I am still convinced that there needs to be stiffer penalties on those who text and drive. This is especially true when the phone use results in a car crash that results in a personal injury.

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