Tag Archives: free legal consultation

Self-Driving Tesla Involved in Fatal Traffic Accident

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Self driving cars are the wave of the future. That is what you will hear from the people at Google and electric car manufacturer, Tesla. Manufacturers state that the technology is foolproof and completely safe. Unfortunately, this may not be true as of yet. News hit the wires over the weekend that a motorist whose Tesla vehicle was on autopilot while driving in Florida, was involved in a fatal car crash with semi tractor trailer.  According to news reports On May 7th at 3:40 p.m. on U.S. in Williston, Florida, 45-year-old Joshua Brown was killed when his Tesla Model S went under the trailer of an 18-wheel semi and the roof of his car was torn off by the impact.

According to Tesla’s press release, this is their assessment of what happened:

“Autopilot engaged when a tractor trailer drove across the highway perpendicular to the Model S. Neither Autopilot nor the driver noticed the white side of the tractor trailer against a brightly lit sky, so the brake was not applied. The high ride height of the trailer combined with its positioning across the road and the extremely rare circumstances of the impact caused the Model S to pass under the trailer, with the bottom of the trailer impacting the windshield of the Model S.”

Tesla CEO Elon Musk also responded fatal traffic accident on twitter. He stated that the Tesla’s radar did not detect the truck because of its height, and thus the radar probably confused it with an overhead traffic sign.

This is obviously a sad and tragic event. But it also proves that self driving cars are not immune to car accidents, let alone traffic fatalities. The National Highway Traffic Safety Administration is currently investigating the accident. How does this event affect the family and/or estate of the deceased driver? Well, if it is found that the truck was at fault for negligently pulling out in front of the deceased, then the truck driver could be held accountable in a normal negligence and wrongful death cause of action. The family could also sue Tesla under a product liability or auto defect count. Their attorneys could plead and argue (with expert testimony) that Tesla’s safety system was defectively designed and built because it could not properly detect the difference between a truck and an overhead highway traffic sign.

Regardless, I believe it is fair to say the self driving vehicles are not completely safe and there may need to be modifications as the technology moves forward.

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

Star Trek Actor Died In Vehicle That Was Recently Recalled For Auto Defect

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Multiple news outlets reported over the weekend about the freak and tragic death of Hollywood actor, Anton Yelchin, who died when his Jeep Grand Cherokee rolled backwards in his driveway and pinned him against his mailbox pillar and security fence.

It turns out that the 2015 Jeep Cherokee was recently recalled for an auto defect based on complaints from drivers who had trouble telling if they had put the automatic transmissions in park. If they were not in park and a driver left the vehicle, it could roll away.  According to the National Highway Traffic Safety Administration, a global recall of 1.1 million vehicles was announced by automaker Fiat Chrysler in April.  As of April, the company had reports of 212 crashes, 41 injuries and 308 property damage claims potentially caused by the shifters, it said in documents filed with the government.

The recalled vehicles, including nearly 812,000 in the U.S., have an electronic shift lever that toggles forward or backward to let the driver select the gear instead of moving along a track like a conventional shifter. A light shows which gear is selected, but to get from drive to park, drivers must push the lever forward three times. The Grand Cherokee gear shifters were changed in the 2016 model year so that it works like those in older cars.

It is unclear at this time as to whether the defective gear shift was involved in Mr. Yelchin’s death or whether he had received the recall letter from Chrysler.

If you drive a 2015 Jeep Grand Cherokee, it is highly urged that you take the vehicle into your dealer for defective gear to be replaced.

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

IDOT Urging Pedestrians & Motorists To Pay Attention In Order to Avoid Accidents

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As I wrote recently, traffic accident and traffic fatalities were up in Illinois in 2015 from 2014 and appear to up again in 2016. More specifically, car accidents involving pedestrians are up in Illinois from this time last. The Chicago Tribune took note of these recent trend in article asking the question why? According to the Illinois Department of Transportation (“IDOT”), they are urging both pedestrians and drivers to put their phones down and focus on the the road in front of them.

“We urge pedestrians to use caution and common sense when crossing the street — use crosswalks where available and make sure to pay attention to your surroundings. We urge motorists to be cautious as well — be alert for pedestrians, especially when approaching intersections,” IDOT Secretary Randall Blankenhorn said in a statement.

Some local suburbs, including Naperville, are making an effort ticket distracted drivers. Naperville joined several other suburbs recently along the Route 59 corridor, including Aurora and Plainfield, as part of a joint enforcement campaign that gave out 32 citations for cellphone violations in a single day.

Is this enough? Probably not. It seems every time I’m driving around town I see drivers around me with their noses in their phones. This occurs all the time, and not always when at a stop light. So what is the solution? As I have written many times before, I believe Illinois needs harsher penalties for distracted drivers. Especially when there is a traffic accident, injury and certainly a fatality. This means higher fines and the threat of jail time.

If you or someone you love has been injured in a Chicago car crash or Chicago pedestrian 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.

May Is Motorcycle Awareness Month

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Spring is upon us and we are seeing a lot more motorcyclists on the road. The National Highway Traffic Safety Administration (NHTSA) has designated May as motorcyclist awareness month and are encouraging all motorists to “share the road” with each other.In a press release the NHTSA pointed out that in2014, 4,586 motorcyclists were killed in traffic crashes, a decrease of 2.3 percent from 2013 (4,692). Those deaths account for 14 percent of the total highway fatalities that year. This decrease in motorcycle fatalities continues to break a tragic trend over the last 17 years, which saw only one other decline in 2009. Injured motorcyclists also decreased from 93,000 in 2013 to 88,000 in 2014 thanks to more and more motorcycle owners using motorcycle helmets to protect themselves from injuries.

To help spread safety awareness, the NHTSA provided some tips on sharing the road:

  • Always signal your intentions before changing lanes or merging with traffic. This allows motorcyclists to anticipate your movement and find a safe lane position.
  • Don’t be fooled by a flashing turn signal on a motorcycle—it may not be self-canceling and the motorcyclist may have forgotten to turn it off. Wait to be sure the rider is going to turn before you proceed.
  • Allow more follow distance – three or four seconds – when following a motorcycle; this gives the motorcycle rider more time to maneuver or stop in an emergency. Motorcycle riders may suddenly need to change speed or adjust lane position to avoid hazards such as potholes, gravel, wet or slippery surfaces, pavement seams, railroad crossings, and grooved pavement.
  • Always look for motorcycles by checking your mirrors and blind spots before switching to another lane of traffic.
  • Allow a motorcyclist a full lane width. Though it may seem as if there is enough room in a single lane for a motor vehicle and a motorcycle, looks can be deceiving. Share the road, but not the lane: a motorcyclist needs room to maneuver safely.
  • If you are turning at an intersection, and your view of oncoming traffic is partially obstructed, wait until you can see around the obstruction, sufficiently scan for all roadway users (pedestrians and motorcyclists included), and proceed with caution. Slow your decision-making  process service down at intersections.
  • Road users should never drive, bike, or walk while distracted. Doing so can result in tragic consequences for all on the road, including motorcyclists. If you have been injured by a motorcyclist, its important to seek legal assistance from a motorcycle accident law firm.

The press release also provided safety tips for motorcyclists.

  • Wear a DOT-compliant helmet and use reflective tape and gear to be more visible. NHTSA estimates helmets saved the lives of 1,630 motorcyclists in 2014.
  • Never ride while impaired or distracted—it is not worth the risk of killing or injuring yourself or someone else. Plus, a DUI costs $10,000 on average, and can lead to jail time, loss of your driver’s license, and higher insurance rates, motorcycle accident cases need the best attorney as possible.

Don’t drink and bike and always wear a helmet. This seems like obvious advice. But remember that riding a motorcycle can be a very dangerous way to drive and doing so without a helmet is an incredibly dangerous proposition. If you are on a motorcycle and you leave your head unprotected, you increase your odds for a brain injury tenfold. Further, you are increasing your odds of a fatality. According to the NHTSA’s data inn 2014, 41 percent of fatally injured motorcycle riders and 53 percent of fatally injured motorcycle passengers were not wearing helmets at the time of the crash. And as stated above, helmets save thousands of lives every year. If you unfortunately get into an accident, then make sure you are quick to get legal assistance from a professional motorcycle accident attorney. 

Even though Illinois does not require helmet use, I cannot stress how important of a decision it is. I cannot stress how important it is for motorcycle riders to wear a helmet. Recovering compensation for damages after getting in a motorcycle accident can be a complicated process, as insurance carriers may often attempt to get around coverage regulations and deny personal injury compensation on behalf of the at-fault party. Injury victims can get the compensation that they deserve by hiring a lawyer to help them file a claim after a motorcycle accident.

If you or someone you love has been seriously injured in a Chicago motorcycle accident or Chicago car crash, 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.

Changes Coming to Dangerous Lake County Intersection

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According to the Lake County News-Sun, the intersection of Grand Avenue and Hunt Club Road could be seeing changes, as it is viewed as one of the most dangerous intersections in the county. The Lake County Board approved a $370,173 contract with Chicago-based Stanley Consultants to conduct a preliminary engineering study to identify potential safety improvements at the intersection.

Car accident statistics  show 127 vehicle collisions at Grand and Hunt Club between 2011 and 2013. Of those, 75 were of the rear-end variety, while the next most frequent type was 33 collisions during turns. The remainder included 11 sideswipes, four collisions with fixed objects like roadside signs, two collisions at angles and one rollover accident. The consulting engineers “will review the crash data and summarize crashes by year and major type to define trends and roadway deficiencies at each of the above intersections. Areas experiencing significant crash rates will be investigated so that countermeasures can be recommended.”

The report stated that the most likely change will involve a designated left turn signal for north and south bound drivers turning from Grand onto Hunt Club. There will likely be construction in the area, but there is plenty of vacant land in the area, which can accommodate an expansion of lanes.

If you someone you love has been seriously injured in an Illinois car crash or Illinois 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.