Tag Archives: free legal consultation

NHTSA Calling For Nationwide Takata Airbag Recall

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Wired magazine, among other news outlets, reported last month that Takata, a manufacturer of airbags, are recalling their product on 7.8 million vehicles. The recall is based on a study by the National Highway Traffic Safety Administration (“NTSA”), which states that airbags that could explode with too much force when they inflate. Extra force can be enough to rupture the airbag’s container, sending plastic and metal fragments into passengers.

The car manufacturers affected by the recall include more than 50 models from Toyota, Honda, Mazda, BMW, Nissan, Mitsubishi, Subaru, Chrysler, Ford, and General Motors, made between 2000 and 2011. NHTSA is telling drivers of affected vehicles to “take immediate action,” meaning get themselves to a car dealership and get their airbags checked out. It’s especially concerned about drivers in Texas, Alabama, Mississippi, Georgia, Louisiana, Guam, Saipan, American Samoa, Virgin Islands and Hawaii (all hot, humid spots).

The New York Times reported today that the NHTSA is now calling for a nationwide recall rather than specific states or territories that are more prone to humid weather. The agency said a recent airbag failure outside the regional recall area had prompted it to take the action.

What does this all mean for Takata and the automakers? For one, it is going to cost a lot of money for the millions of airbags that need to be replaced. Second, both Takata and the automakers have or will face wrongful death lawsuits that are attributed to flaws in the airbags. At least five (5) deaths have been attributed to faulty airbags. This could increase the longer these faulty bags are being used.

If you have a vehicle that you believe contains a faulty airbag you should click here to determine if the year, make and model contain a Takata airbag.

If you or someone you know has been injured in a Chicago auto defect accident or Chicago car crash, 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

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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

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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.

Bicycling Magazine Ranks Chicago No. 2 Among Most Bicycle Friendly Cities

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According to Bicycling Magazine, Chicago now ranks as the second best city in the United States for bicyclists. Chicago was previously ranked number 5 in 2012 and number 10 in 2010.

The magazine cited the city’s Navy Pier Flyover construction project, the recent hike in fines for dooring cyclists, and the plans for new protected bike lanes as a few of the reasons Chicago rose in the rankings. It also applauded the city for helping Chicagoans “re-discover” cycling.  Although the magazine did not cite the rise in bike sharing, credit must be given to the city for its’ partnership with the company Divvy. Divvy bikes are available throughout the city for short term rentals, which has definitely increased the interest in bicycling in Chicago.

Mayor Rahm Emanuel has been taking a lot of heat for various issues such as the red light and speeder cameras, but credit must given for following through on his bicycling initiatives. He has made it a point to make the life for bicyclists much safer and has made bicycling much more accessible 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 attorney, Aaron Bryant, for a free legal consultation at 312-614-1076.

 

Odds Of A Vehicle – Deer Collisions In The U.S. Doubles In October, November & December

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State Farm insurance company released a study today that says that the odds of a U.S. driver colliding with a deer is about 1 out of 169. According to the study, those odds double over October, November and December due to deer hunting season.  “Periods of daily high-deer movement around dawn and dusk as well as seasonal behavior patterns, such as during the October-December breeding season, increase the risk for auto-deer collisions,” said Ron Regan, executive director for the Association of Fish & Wildlife Agencies. “Changes in collision rates from year to year are a reflection of changing deer densities or population levels – more deer in a given area increases the potential for collision. Deer populations are also affected by conditions such as new or improved roads with higher speeds near deer habitat, changes to hunting seasons to manage wildlife, winter conditions, and other related factors.”

State Farm provided a list of precautions when driving in areas that are high in deer population:

-Use extra caution in known deer zones.

-Always wear your seatbelt

At night, when there is no oncoming traffic, use high beams

-Avoid swerving when you see a deer Scan the road for deer and other danger signs

-Do not rely on devices such as deer whistles

Remember, if you are unfortunate enough to collide with a deer, and you are injured, you can be compensated for your injuries, medical bills and lost wages if you have uninsured motorist coverage. This is why it is so important to pay for full insurance coverage: including uninsured and underinsured.

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

New Illinois Bill No Longer Requires Ticketed Drivers Hand Over License As Bail

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The Chicago Tribune reported last month about a new bill that was signed into Illinois law that no longer requires drivers cited for traffic violations hand over their license to the Court as bail bondsman insuring they attend court or pay their fine. According to bail bond agents, certain speeding violations and other moving violations such as causing an accident would require the ticketed driver hand over their license to the police officer as bail. The arrest bail bonds said the driver would have their license returned to them by the judge at court after either pleading guilty or after the ticket was dismissed.

Senate Bill 2583, sponsored by Sen. Michael Noland, D-Elgin, and State Rep. John D’Amico, D-Chicago, goes into effect Jan. 1, 2015. “A driver’s license is an important form of identification, and without it many residents may run into problems during everyday situations when a valid ID is required,” Gov. Pat Quinn said in a statement. “This common sense legislation will allow law enforcement officials to continue doing their jobs while letting motorists hang onto a vital piece of identification.”

I think this bill makes sense and held little leverage over the heads of ticketed drivers. Drivers know, or at least soon find out, that failing to show up for court or paying their fine could lead to a suspended driver’s license or sometimes a warrant for their arrest.

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

Driver Cited In Chicago O’Hare Bus Crash

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There has been an update in the Chicago bus crash that injured 15 passengers as it approached O’Hare airport early Friday morning. According the NBC News Chicago, the bus driver was cited by Chicago police for failing to produce a valid license and failure to maintain her proper lane as she is alleged to have swerved into a median.

The failure to produce a license at the scene is not a serious charge as long as she can produce a valid license on her court date. If so, the ticket will be dismissed. The ticket for failing to stay in her proper lane will be more difficult to fight if the driver is unable to show there was an intervening cause for needing to swerve out of her lane. Further, pleading guilty to this ticket could be admissible as evidence of negligence in a civil case by the injured passengers. I think it is more than likely that we will see multiple civil lawsuits for personal injuries by the passengers against the bus driver and the bus company. I have not seen any news reports on who actually owns and operates this shuttle company. It is possible that a private company runs the shuttle, which is then hired by O’Hare airport. If that is the case, then both O’Hare airport and the shuttle company could be liable for the negligent actions of the bus driver. The owner and or employer are liable to the negligent actions of its employees if the actions were performed within the course and scope of their employment. This is referred to as respondeat superior.

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

15 Passengers Injured This Morning On Shuttle Bus Accident Near O’Hare Airport

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NBC Chicago, among other outlets, are reporting this morning that 15 passengers were injured during a shuttle bus accident on I-190 while heading in to Chicago O’Hare airport. Apparently the bus crashed into a median around 6:30 a.m. this morning, tossing passenger around in the bus. A total of 10 ambulances were called to the scene and 15 passengers were injured and taken to various hospitals around the city. Fire officials said four people were transported in critical condition, five in fair-to-serious condition, four in good condition and two people refused treatment.

Robert Gembala, another firefighter who also witnessed the crash, immediately rushed onto the bus and began assisting injured passengers.

“It was unbelievable what they did,” said firefighter Steve Siavelis, who was on the first fire truck to arrive at the scene.

Injuries varied, Sampey said, with passengers at the front of the bus experiencing the greatest impact.

“People were thrown around the bus,” he said. “Some were more critical than others.”

This is the second major accident that has happened in or around O’Hare this year. This Spring, a CTA blue line bus failed to stop when arriving at the airport and crashed up and over the tracks into an escalator. Several passengers were injured in that accident as well. Hopefully those critically injured this morning heal quickly and that there are no fatal injuries.

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

Illinois Governor Quinn Vetoes Ride Share Bills

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The Chicago Sun Times, Early & Often, political website reported yesterday that Governor Quinn had vetoed the controversial ride share bill that would have put restrictions on companies like Uber, Sidecar and Lyft.

The bill would have required rideshare companies to closely track how many hours each of their drivers averaged on their platforms. Those who offered rides more than 36 hours every two weeks would have to comply with safety regulations similar to taxi drivers — namely, obtaining a public chauffeur’s license, getting fingerprinted and submitting to a criminal background check. Additionally, the companies would have to provide commercial liability insurance identical to that which is required for taxis, for all its drivers — regardless of how many hours they spend on the platform. The governor’s veto ensures that Chicago’s less rigid ridesharing regulations championed by Mayor Rahm Emanuel will stand and take effect later this week.

This was a tough decision for Quinn as he was forced to balance both customer demand with thriving technology versus a protection of the old guard – – here being the taxi companies. The taxi companies are not happy at all as they are held to a much higher standard when it comes to background checks, training and fees for licensing. My issue was whether passengers, pedestrians and fellow drivers would be protected by enough insurance. I think the local ordinance passed in May in Chicago addressed this issue among others. As I wrote here, the local ordinance requires ride share companies and its’ drivers carry $1 million in commercial auto liability per incident while the driver has accepted a ride until the completion of the ride, $1million in commercial general liability per occurrence for bodily injury, personal injury and property damage, and auto liability insurance to cover drivers when logged into app until the driver accepts a ride. Basically, this covered the loophole where drivers didn’t have any passengers in their vehicle but are actively searching for fares. The local ordinance also required a basic driver training course and clean driving record (no misdemeanors convictions such as DUI or reckless driving). It is an endless debate and there’s a chance that the veto is overridden as the original bills passed the Illinois House, 80-26 in June, and would require only 71 votes for an override. The Senate passed the measure 46-8, and would require only 36 to override.

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

Former Redflex CEO And Chicago Transportation Official Indicted On Federal Charges

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Both the Chicago Tribune and Chicago Sun Times reported last week that Karen Finley, the onetime CEO of Redflex, John Bills, a former Chicago city official, and one of Bills’s friends are  facing charges of wire fraud, mail fraud, bribery, and conspiracy to commit bribery, with Bills also facing a charge of conspiracy to commit extortion. The charges have been filed in Federal Court in the Northern District of Illinois.

Finley, who was CEO of Redflex until February of 2013, allegedly passed bribes to Bills via Bills’s friend, Martin O’Malley, in exchange for Bills’s help in receiving the red light camera contracts. Those contracts eventually led to $124 million going to Redflex, the Sun-Times said.

Last February, the city chose to block Redflex from bidding on on further traffic camera contracts, in the wake of the scandal, and eventually it chose a Xerox unit as the new red light camera operator.

This should not come as a surprise as both Redflex and Bills have come under scrutiny since last year when it was determined that alleged corruption was involved in the bidding process. As a wrote several weeks back, Redflex has also been named as a defendant in a class action lawsuit alleging that they were unjustly enriched from money they received as the red light camera operator because it was alleged that the contract was received through bribery. This is just another example of how controversial red light cameras have become in Chicago. There are some critics out there, including myself, that believe red light cameras do not actually make intersections safer and are merely a money grab by the city. I will be following the class action lawsuit closely along with the federal charges.

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