Tag Archives: personal injury

Chicago Transportation Committee Approves Exclusive Lyft-Divvy Partnership

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The Chicago Sun Times reported yesterday that the Chicago city council’s, transportation committee approved an exclusive partnership between ride share company, Lyft, and bicycle share company Divvy. If approved by the city council, Lyft would be the exclusive owner and operator of all Divvy bikes throughout the city. Despite backlash from incoming mayor, Lori Lightfoot, and a number of aldermen, the deal is being touted by transportation head Rebekah Scheinfeld. Scheinfeld told the press that this agreement would be a huge boon for the city for the following reasons:

1.The city would get $77 million over nine years earmarked exclusively for transportation projects.

2. Lyft would keep all bike-sharing revenues up to $20 million annually, with the city sharing 5% of everything over that.

3. Chicago taxpayers would also receive $1.5 million a year in minimum guaranteed revenue from advertising and promotions.

4. Lyft would be free to raise bike-sharing rates, but only up to 10% per year. Anything above that must be approved by the Chicago Department of Transportation.

5. Assumption of any liability would be Lyft’s responsibility

This last point, “assumption of liability,” is something I am very interested in. If I am reading this correctly, if there any accidents caused by Divvy riders or if the the equipment on a Divvy bike fails, causing a personal injury or traffic accident, then Lyft would be liable. I assume there will be an insurance policy available on a all of these bikes in case of accident (caused by the bicyclist) or failed equipment. If this is true, and this is the agreement between Lyft and the city, then this would shift all of the potential liability costs away from the city and onto Lyft. This would be a big win for Chicago, and also to any potential injury victims.

Uber and Jump, two other ride share companies, have panned the deal as they were not included in any of the planned agreements. Though the introduction of electric scooters is still available.

We will be watching this closely once agreement plan is taken to a vote with the city council as a whole.

If you or a loved one has been injured in a Chicago bicycle accident, or a Chicago traffic accident, then call Chicago personal injury attorney, Aaron J. Bryant, for a free legal consultation.

Ralph Nader: All 737 Aircrafts Should Be Grounded For Good

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Longtime consumer rights advocate, Ralph Nader, who is best known for pushing automakers to install seat belts, made a very strong statement yesterday against Boeing. He stated all of their 737 aircrafts should be grounded and should never fly again.

Nader’s comments come just one month after his niece,
Samya Stumo, died while aboard the Ethiopian Airlines 737 Max 8 plane crashed in Indonesia, which killed all 157 passengers.

“Those planes should never fly again,” Nader stated. He is also pointing blame at the Federal Aviation Administration (“FAA”), who is charged with overseeing the safety of all air traffic in the United States. “If we don’t end the cozy relationship between the patsy FAA…and the Boeing company, 5,000 of these fatally flawed planes will be in the air all over the world with millions of passengers,” Nader said.

Both Boeing and the FAA are still trying to determine the exact cause of the plane crash. A preliminary report has pointed towards faulty software installed by Boeing on the 737s. “It’s our responsibility to eliminate this risk. We own it, and we know how to do it,” stated Boeing CEO Dennis Muilenburg in a statement released by the company last week. Boeing said it is still working with the FAA and regulatory agencies to develop and certify an “anti-stall” software update designed to keep the system from being activated unintentionally, along with additional training for pilots.

This obviously is not enough for Nader and other family members of the 737 crash victims. Nader has advocated for consumer right over the last 50 years and has succeeded in the push for change in the auto, food and drug
industries, workplace safety and clean air and water. Thankfully, the 737 Max 8 planes are currently grounded. T Boeing must correct their errors quickly and completely before any consideration to put them back in the air.

If you or a loved has been seriously injured in a Chicago product defect case or suffered a serious personal injury, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-106.

Illinois Suspends 12 Amusement Rides After Ohio Accident

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Multiple news outlets reported earlier this month that the state of Illinois has suspended 12 amusement rides after a fatal accident at an Ohio fair. In Columbus Ohio, an 18-year-old man died after he was thrown into the air and landed about 50 feet away from the swinging and spinning amusement park ride called the Fire Ball. Seven other people were injured as a result of the accident.

In response to this amusement park accident, the Illinois department of labor has decided to suspend 12 rides throughout the states. All 12 rides are manufactured by by KMG, the same Dutch company that makes the Fire Ball.

One of the suspended rides was set to be used at the DuPage County Fair outside of Chicago. The Dupage County Fair commissioner stated the following in response to the state’s decision to suspend on of their rides: All rides have to be inspected by the state, and they get certified and a sticker on them that they have passed inspection through the state. They are inspected each and every time they’re set up at any other event that goes on, usually by the municipality, the fire department in that area. In our case, here, we add one more layer to that. We get both the city and fire department, and then also an inspection team that’s independent.”

The question remains if the current inspection protocol in Illinois is enough to certify rides? Are there steps the state should implement, such as the independent inspection done by the DuPage fair? I would recommend both state and independent inspections be required before certification for state use. Hopefully this will prevent what happened in Ohio.

If you or someone you love has been seriously injured in an Illinois amusement park accident or other personal injury, 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.

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.

 

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.

 

Horrific Amtrak Train Derailment Leaves 6 Dead, Injures Hundreds

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Horrible news came in last night as an Amtrak train derailed in Philadelphia which killed 6 passengers and injured hundreds more. Multiple news outlets reported that the train, which was headed for New York, derailed at about 9:30 p.m. last night in the Port Richmond neighborhood of Philadelphia. Hospitals treated 200 passengers, with half of those being released overnight. Apparently one of those seriously injured in the train accident was the conductor.

The National Traffic Safety Board (“NTSB”) is currently investigating the cause of the train crash and spokesman said they would like to have some answers within the next 24 to 48 hours. CNN reported this morning that Investigators are seriously looking at speed as an issue in the crash. This is partly because of the angles of the train wreckage and the type of damage seen on its cars. To describe how violent the derailment was, an  U.S. Department of Transportation representative stated that the engine and two cars were left standing upright, three cars were tipped on their sides, and one was nearly flipped over on its roof. The seventh one was “leaning hard.”

Among other things, authorities will examine the condition of the track and the train, how the signals operated and “human performance,” NTSB board member Robert Sumwalt said. The speed limit in the crash area is around 50 mph.

There’s not much for me to add to this horrible event other than the NTSB and U.S. Department of transportation will and should perform a thorough investigation on the cause of this train derailment. News reports do not indicate there is anything glaring right now that would pinpoint the cause of this crash. Regardless, I think we can assume there will be multiple wrongful death lawsuits from the families and estates of the deceased and personal injury lawsuits from those who were injured. More importantly, the investigation will hopefully give us answers on how this happened and how this can be prevented in the future.

If you or someone you love has been seriously injured in a Chicago train accident or Chicago bus 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.