Tag Archives: free legal consultation

Study: Interlock Devices For First Time DUI Offenders Saves Lives

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The Washington Post published an article this month about a study performed by Johns Hopkins Bloomberg School of Public Health, which revealed that traffic fatalities have declined by 7 percent in states that mandate ignition interlocks for first-time drunken-driving offenders.

Interlock devices are installed in vehicles and require drivers to blow into them before the car’s ignition will start the engine. Currently, 22 states require interlock devices for first time DUI offenders. Other states require them for repeat offenders or those with a particularly high blood alcohol content. Some states let the judge decide whether an interlock is appropriate.

The study tracked fatalities for about five years before states began passing interlock laws in the late 1980s through 2013, when all states required them under some circumstances.  The Hopkins study suggested that even those with no previous DUI convictions would think twice about driving under the influence if faced with the prospect that a first-time offense would require them to use an interlock. It says partial laws that don’t mandate the devices for all offenders are less effective. More than a third of the 35,092 fatal car crashes in 2015 involved a driver who had been drinking; 29 percent of them were legally drunk and 20 percent had a blood alcohol content almost twice the legal limit or higher.

I think it is safe to conclude that the states that require interlock devices for first time offenders is saving lives. Drivers are more hesitant to even attempt to drive after drinking if they know they have to face the interlock. I think it would be important to take these findings and perform studies that involve distracted drivers. Wouldn’t you agree that drivers would be more hesitant to pick up their phones while driving if they knew there were very stiff penalties if they were caught texting and driving or they cause car accident while using their cell phone. I think this study is important and we could have predicted the outcome. Now it’s time to use this study into other areas of traffic law, including distracted drivers.

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.

New Illinois Traffic Laws For 2017

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January is almost over and I thought it would be important to list the new traffic laws that went into effect in 2017:

  1. Scott’s Law, also referred to as the “move over” law, requires drivers to slow down or change lanes when driving by a stopped emergency vehicle. Beginning in 2017, the law also will include any vehicle on the side of the road with hazard lights flashing, according to a statement from the Illinois State Police.
  2. Speeding between 26 mph and 35 mph over the posted limit is a Class B misdemeanor. A class B misdemeanor in Illinois carries a maximum penalty of of 180 days in county jail, with fines up to $1500.
  3. Driving more than 35 mph over the speed limit is now considered a Class A misdemeanor. A Class A misdemeanor in Illinois is punishable up to a year in jail with fines up to $2,500.
  4. Those who have been convicted of driving without insurance could have their vehicle impounded if they are stopped by police within 12 months of the first citation.
  5. Fines will double for drivers caught trying to go around lowered railroad crossing gates. Under a new amendment to the Illinois Vehicle Code, drivers who disregard activated gates and warning lights at railroad crossings will face a fine of $500 for a first offense and $1,000 for subsequent offenses.

It must be pointed out that if someone who is charged with speeding over 25 mph over the speed limit there is a possibility the ticket could be amended to below 25 mph in order to avoid a misdemeanor conviction. This is not guaranteed. It could depend on the prosecutor and the judge handling the matter and whether the driver has a clean driving record. You will be required to hire an attorney if you are charged with a misdemeanor.

Drive safely and follow the rules of the road. Remember, 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.

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.

 

Illinois Supreme Court Clarifies Homeowner’s Liability With Snow And Ice Removal

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It’s winter in Chicago and we have already seen quite a bit of snow. Recently I’ve seen multiple news posts from the Tribune and DNA Info reminding home and business owners of the ordinance the city council passed last year increasing fines for failing to shovel their sidewalks. The updated ordinance increased fines for failure to clear sidewalks from range of $50-$500. It also increases the fine for obstructing the public way with shoveled or plowed snow from $25-$100 to $50-$500. The ordinance requires that daytime snowfall be cleared by 10 p.m. and overnight snowfall to be cleared by 10 a.m. Warnings will be issued before tickets are given. The word from the city hall law department  was that the increased fines are aimed at the “repeat, flagrant offender.”

This raises questions for many business and homeowners as to what their civil liability would be if they do comply and shovel their walk but someone still slips and injures themselves. In other words, what if the homeowner shoveled their walk from a natural accumulation of snow but that they were accused of doing a negligent job?

The Illinois Supreme Court ruled on a recent case that clarified the 1979 Snow and Ice Removal Act,745 ILCS 75/1. In a recent case, Murphy-Hylton v. Lieberman Management Services, Inc., a suburban woman sued her condominium association and property management company for serious injuries from a slip and fall on ice.  In a unanimous opinion written by Justice Mary Jane Theis, The Illinois Supreme Court affirmed the appellate court’s judgment and sent the case back to the trial court. “The Snow and Ice Removal Act provides immunity to residential property owners from claims of liability for injuries allegedly caused by icy sidewalks that result from negligent snow and ice removal efforts, but it does not extend to immunize them from claims of liability for injuries allegedly caused by icy sidewalks that result from an otherwise negligent failure to maintain the premises.”

The Court has clarified what the law has always been. If a homeowner shovels her walk from a natural accumulation of snow or ice fall, they cannot be held liable in civil court for injuries resulting from said shoveling. (i.e. if the plaintiff sues that the homeowner did a negligent job of shoveling the walk). Where a homeowner can be liable is if the ice is a result of a leaky spout or runoff that is not a result of a natural accumulation. Those were the alleged facts in the above Murphy-Hylton case.

The lesson here is that if you are a homeowner in the city, you definitely want to remove snow and ice from your sidewalk in order to avoid a fine. But, civil liability will most likely be avoided if you attempt to clear the snow and someone slips and falls anyway. I am in know way advocating to home and business owners to lazily shovel their walks. I am just trying to report what our Supreme Court clarified in this recent court case along with the ramifications could be from the city if you avoid to remove the snow and ice.

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

$12 Million Donation To Fund Separate Bike and Pedestrian Paths On Chicago’s Lake Front

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For once, some encouraging news came out recently from the City of Chicago. At the end of the year the city was announced the local hedge fund manager Ken Griffin, through urging from mayor Rahm Emanuel, will donate $12 million to the city to construct separated bicycle and pedestrian pathways on Chicago congested lakefront. The mayor’s office said in a statement the gift will help stretch the mayor’s earlier plan for creating the double paths on the North and South sides, between Fullerton and Ohio streets and 31st and 51st streets, along the whole lakefront. The work is already partially done and will be completed by 2018.

This is incredible news to thousand who bike and run up and down the pathway during Chicago’s warmer months. Anyone, who has spent time on the lakefront on a busy day can attest to how crowded it can be, and at times very dangerous. You can read here about a particularly nasty collision that took place in 2014.  As I have written in the past on this blog, there have been some dangerous collisions between bicyclists and runners on the lakefront. This new plan should hopefully provide enough space for everyone to safely enjoy that part of the city.

Interestingly though, the Chicago Tribune published an article last week that correctly points out that certain sections of construction plan may not be so easy. Specifically at areas like Belmont Harbor and Oak Street Beach, which are already very narrow stretches of pathway. It is something engineer and architects will have to study, and unfortunately may eat up some green space.

Regardless, as someone who frequents the lakefront path and someone who represents bicycle accident and pedestrian accident victims, I am incredibly encouraged by this news. I am also thankful to the generous donor. I think this will make the lakefront safer and more enjoyable for everyone.

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

DePaul University Study Looks At Bicyclists Safety At Stop Lights

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The Chicago Tribune published an interesting story today regarding a DePaul University study that looked at the safety benefits of bicyclists stopping at all traffic lights.  DePaul’s Chaddick Institute for Metropolitan Development found that just 1 cyclist in 25 comes to a complete stop at stop signs, and 2 out of 3 go through red lights when there’s no cross traffic.

It must be pointed out the bicyclists in Illinois are required to obey the same rules of the road the vehicles follow and can be ticketed for the same violation. The question is whether it is safe for bicyclists to follow these same rules 100% of the time.

The study proposes that Illinois cities consider changing their laws and allowing cyclists to treat stop signs as yield signs, and some red lights as stop signs, thus permitting cyclists to maintain their momentum. It’s known as the “Idaho stop” for a 1982 law in that state. The Idaho stop recognizes that sometimes it is safer for a cyclist to get out in front of traffic so he or she can be seen, rather than waiting obediently at the light and risk getting smacked by right-turning traffic when the light goes green. The DePaul study does not advocate the Idaho stop at all signaled intersections, and it suggests choosing those with lower traffic volumes or limiting it to late at night when traffic is light.

The Idaho Stop makes sense, especially in a heavily congested city like Chicago that has thousands of bicyclists commuting everyday. If every bicyclist came to a complete stop at every stop sign and every stop light, then I think we would see more traffic accidents. I think it would be more difficult for motorists to stop on time and we would see more vehicle and bicycle collisions.

If will be interesting to see whether the Illinois legislature takes a look at this study and decides to amend the current law.

If you or someone you love has been seriously injured in a Chicago bicycle accident or Chicago traffic 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.

Chicago Announces Launch Of “Vision Zero” Aimed To Eliminate Traffic Deaths

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The Chicago Mayor’s office announced last month that it is launching “Vision Zero” action plan with the goal of eliminating all traffic deaths by 2026. In a press release may Rahm Emanuel state, ““Every day someone is injured or worse as the result of a car crash on Chicago’s streets… these crashes are preventable, and that is why we are stepping up our efforts, developing partnerships with communities and private industry. We are going to use all the resources at our disposal to eliminate traffic fatalities and serious injuries in Chicago.”

All of the details of this new safety program will be released later this Fall, but the press release stated that the plan will look at traffic safety as a public health issue and identify priorities for the City’s engineering and education initiatives, as well as enforcement support for reducing crashes. City departments are currently working with stakeholders and the public to develop the final goals and strategies included in the plan. In 2016, more than 100 intersections will receive additional infrastructure to make it safer for people walking to cross the street. Among these is a Safe Routes to School project on the West Side that has installed 10 pedestrian refuge islands along Madison Street and Chicago Avenue. There are 10 schools located within a half-mile of these high crash areas. The City is also enhancing safety by making traffic signal improvements, resurfacing hundreds of miles of streets, installing speed feedback signs, and adding or improving 25 miles of bike lanes this year.

The city is treating this as a public health issue, as they should. Chicago has seen six bicycle traffic fatalities this year. That number equals the total number of bicycle traffic deaths from last year with three months still yet to go in 2016. Chicago is at a crossroads right now with bicycle safety. Chicago was recently named the top bicycle friendly city in country by Bicycling Magazine. We have more bicycle commuters than ever along with Divvy bike riders crowding our roads. This is a good thing. So are all of the dedicated bike lanes. But bicycle traffic accidents and fatalities are still prevalent. Bicyclers and motorists need to learn to co-exist. We need to be mindful of each other and always observe the rules of the road. “Vision Zero” is the perfect stepping stone to help lead to a better co-existence between bicyclists and motorists. I will be writing more about the initiative once the full plan is announced.

If you or one of you loved ones has been seriously injured in a 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.

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.

Chicago Area Amusement Park Lists Its’ Safety Precautions Following String Accidents At Other Parks

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It has been a dangerous summer at amusement parks around the United States. In a span of about ten days a boy died on a waterslide in Kansas City, three girls were injured after falling from a Ferris wheel in Tennessee and a boy was critically injured after falling from a roller coaster in Pittsburgh.

These recent accidents, no doubt, have amusement park operators around the country on edge. The Chicago Tribune reported last week that Six Flags Great America Park in Gurnee Illinois touted their daily safety procedures for all of their rides. According to Director of Park Operations Dameon Nelson, each ride goes through a full inspection process during the park’s offseason.  Ride tracks, trains and the ride system are checked daily before the park opens by maintenance technicians and operations staff. Each ride is put through a series of sessions to simulate different aspects of the ride, according to the park’s website.

A 2013 study by the Nationwide Children’s Hospital states that 92,885 children under 18 were treated in the U.S. for amusement ride injuries from 1990 to 2010. The study states an average of 4,423 are treated per year and 70 percent of the injuries are during the summer.  The data was collected from the U.S. Consumer Product Safety Commission, which is responsible for overseeing temporary parks, such as a county fair. Fixed-site facilities are overseen by state and local agencies. In Illinois, the state’s Department of Labor inspects all rides, and no rides can operate until they are insured and meet safety standards.

Inspections like those performed at Six Flags are necessary and it is refreshing to hear, but obviously that isn’t always enough. Especially in the four cases discussed above. Assuming inspections were made on all of those rides, something still went wrong and injuries were caused by either a defect in the design of the ride or a failure to find something faulty during inspections. The families of these children will most likely file personal injury claims based on premises liability. If lawsuits are filed they will most likely allege that there were dangerous conditions within the parks that the owners either knew or should have known about to protect their guests. I foresee a wrongful death lawsuit from the death of the young boy at the water park in Kansas City unless they are able to agree on a settlement outside of court.

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