Tag Archives: wrongful death

Arizona Back-Up Uber Driver Was Watching TV On Her Phone At Time Of Fatal Crash

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I wrote several months ago about the self-driving Uber accident that killed a pedestrian. It was unclear at the time whether the self-braking system had failed or whether the pedestrian who walked out onto the street gave the vehicle enough time to stop.

Many of those questions have now been answered in a 300 page accident report from the Tempe, Arizona police. According to a car accident lawyer, the back-up driver was watching the television show “The Voice” on her phone when the car crash occurred. The report concludes that if the driver would have been paying attention to the road rather than her phone, she could have braked on time as she could have reacted 143 feet prior to striking the pedestrian.

The National Transportation Safety Board (“NTSB”), released a separate report last month, which said the autonomous driving system on Uber’s Volvo XC-90 SUV spotted the pedestrian about six seconds before hitting her, but did not stop because the system used to automatically apply brakes in potentially dangerous situations had been disabled. Thus, the duty of stopping on time for pedestrians or other vehicles was left to the back-up driver.

The family of the deceased pedestrian has filed a wrongful death lawsuit against both the driver and Uber. In most states, Uber insures their driver’s vehicles up to 1 million dollars per accident. I’d imagine that the family of the deceased are seeking over 1 million and to collect over the policy limits they would need to allege in their complaint and prove that Uber was negligent in the training and supervision of their driver (i.e. the driver was not made sufficiently aware that the self-driving brake system would not stop in certain situations).  Maybe the drivers are overly reliant on the autonomous braking system, and that they should have been trained to be more vigilant even when the self-driving program is on. The family could also allege that Uber’s technology was faulty or that it should not have been disabled, especially at night. I will be following this case as it progresses.

If you or a loved one has been seriously injured in a Chicago pedestrian accident or Chicago Uber accident, then call Chicago accident attorney, Aaron J. Bryant, for a free legal consultation at 312-614-1076.

Will Southwest Airlines Passenger Fatality Lead To More Thorough Engine Inspections?

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Whether you fly Southwest Airlines or not, it was terrifying to hear about the passenger death occurred last month on that airline while the plain was mid-flight. The Southwest 737  engine failed, causing a blast the shattered a window and eventually killing one passenger.

Reports have indicated that a cursory inspection of the engine just two (2) days before this incident revealed that the engine seemed to be in perfect working condition.  Robert L. Sumwalt, chairman of the National Transportation Safety Board (“NTSB”), said a blade in the engine had broken in two places — where the blade attaches to the main hub and higher up, approximately at the midpoint of the blade. He said that a crack “was on the interior of the fan blade,” and that it was “more than likely not detectable from looking from the outside.”

Days after the incident, investigators are concluding that a simple visual inspection of an engine may not be enough. According to the New York Times, the company who manufactures the engine, CFM International,  recommended that airlines conduct ultrasound inspections of the blades. In the United States, carriers aren’t required to follow manufacturers’ guidelines.

The Federal Aviation Administration (FAA) is now issuing a directive that all airlines follow CFM’s recommendation to perform the more thorough ultrasound inspection. Unfortunately this is a few weeks too late.

It is important to point out that the NTSB still has not concluded what the root cause of he blade to break apart. It could have been, as suggested above, a lax inspection process. Or possibly a design defect in the engine.

I believe we will see a wrongful death lawsuit filed by the family of the deceased passenger. They will no doubt name both Southwest and the engine manufacturer as defendants in the case. The interesting thing in this case, which does not bode well for Southwest, is that the Plaintiff’s attorney and the engine manufacturer will argue that they recommended ultrasound inspections for all engines over a year prior to this incident. Southwest did not follow these instructions, and that could be viewed as negligent behavior. It could be argued that Southwest had notice of the potential issue and that the time and cost of this more intense inspection were minimal. Failure to do this inspection was negligent behavior that caused this accident. It will be interesting to see what happens and whether a lawsuit is eventually filed.

If you or a loved one have been seriously injured in a Chicago personal injury accident, then call Chicago accident lawyer, Aaron J. Bryant, for a free legal consultation.

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.

 

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.

NASCAR Driver Tony Stewart Named In Wrongful Death Lawsuit

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I wrote extensively last year about the fatal car crash involving Tony Stewart when his sprint car crashed into another driver who had exited his vehicle during the race. The sprint car race took place Canandaigua Motorsports Park on Aug. 9, 2014.

As many recall, a criminal investigation occurred following the fatal car accident and Mr. Stewart was absolved of any criminal wrongdoing, including negligent homicide, often referred to as manslaughter. Manslaughter charges can be sought when the crime does not rise to the level of an intentional act. Rather, the criminal act is based on some sort conscious disregard for others, which leads to another’s death. These types of charges are often brought in fatal drunk driving cases. Regardless, a grand jury was convened and they did not believe that Mr. Stewart’s actions were intentional or rose to the level of manslaughter. The grand jury concluded that Kevin Ward’s death was an accident.

Being cleared of criminal actions did not absolve Mr. Stewart from liability in civil court. The family of the deceased driver has filed a civil wrongful death lawsuit alleging Stewart of gross negligence, saying he gunned his engine and put his car into a skid as 20-year-old Kevin Ward Jr. walked onto the track after a crash at Canandaigua Motorsports Park on Aug. 9, 2014. The car struck Ward, and he was killed. The lawsuit notes Stewart’s reputation for having a temper and claims that Stewart deliberately veered toward Ward after the collision.

It will be interesting to see how far this case goes into litigation and whether the case actually goes to trial. Mr. Stewart’s legal team will no doubt argue that Mr. Ward was negligent himself by exiting his car and putting himself into harm’s way. If this case goes to the jury, I could see them concluding that Mr. Ward was at least partially at fault for stepping out into the track. The key will be whether the Ward family can prove that Mr. Stewart skidded intentionally and that was a negligent act considering he was so close to the other driver. Further, Ward’s family must show that the skidding action caused Mr. Stewart’s vehicle to fishtail and strike Mr. Ward.

If you or someone you live has been involved 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.

Chicago CTA Bus Driver Cited For Fatal Bus Crash

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Multiple news outlets have reported about the Tuesday’s CTA bus crash in downtown Chicago that killed one pedestrian and seriously injuring seven others. The driver allegedly came to a stop at the red light at Lake Street while heading North on Michigan Avenue, then inexplicably, drove through the red light and ended up on the sidewalk after trying to avoid another vehicle. All of this led to the death of a woman and the multiple injuries.

The driver, who started his job with the CTA in September, was was issued two traffic citations for the crash. The driver  began his shift Tuesday at 6:20 a.m., driving the Clark Street #22 bus till 8:20 a.m., Chase said. His next shift began at 2:31 p.m. on the 152 Addison and 135 Clarendon/LaSalle routes before he started driving the 148 Clarendon/Michigan route at 5:27 p.m., about 20 minutes before the collision was reported.

The question (or elephant in the room) that needs to be answered is why in the world did the driver run that red light?  There are no red light cameras or speeder cameras at that intersection. It is possible that the camera from the bus could shed some light on the incident. Also, more than likely, there has to be surveillance cameras from the neighboring loop office buildings, including the mammoth Illinois Center. Regardless, the CTA will be seeing multiple lawsuits. One for wrongful death from the family of the deceased and the others for the personal injuries of those who survived the bus accident.

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

NTSB: Amtrak Train Sped Up Before Curve; Trying To Determine Why

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National Transportation Safety Board (“NTSB”) is trying to answer questions in the aftermath of the derailment in Philadelphia this week that killed 8 and injured hundreds others.  What we do know, according to NTSB board member Robert Sumwalt, In the minute or so before the train crash, the train sped up from 70 mph until it reached more than 100 mph at a sharp bend where the maximum speed is supposed to be 50 mph. It’s unclear, Sumwalt said, whether the speed was increased manually by engineer Brandon Bostian. Investigators have found no problems with the track, signals or locomotive. Sumwalt said the train, on a route from Washington to New York City, was on time as it left the station in Philadelphia a few minutes before the crash.

Mr. Bostian, who is recovering from multiple injures after the train crash, stated that he does not recall anything from the time of the accident. He has refused to speak to police at this point, but did agree to a meeting with the NTSB, which will take place in the next few days.

I think it’s clear, at least from the early investigation, that the conductor negligently drove the train up to 50 mph over the speed limit. This is what appears to be the cause of the train derailment. The question remains whether the conductor did this accidentally, was he distracted or was there a malfunction with the equipment? These are answers the NTSB, the victims and the family of the deceased all want. I will be following this case closely in the coming days and weeks.

If you or someone you love has been involved in a Chicago train derailment or Chicago bus accident or suffered from a wrongful death, then call Chicago personal injury lawyer, Aaron 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.

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.

Reckless Homicide Charges Brought In Edgewater Neighborhood Car Crash

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The Chicago Tribune reported last week that the driver, who allegedly caused a fatal car accident in the Edgewater neighborhood, was charged with reckless homicide by States Attorney’s office. Prosecutors said the driver hadn’t been drinking, had a valid license and has no criminal background. Judge Donald Panarese Jr. ordered the Russian native’s passport seized.

The accident killed a 71 year old pedestrian and injured five (5) others when the defendant driver tried to pass a CTA bus on the right side through a parking lane. After striking two (2) pedestrians, his vehicle crashed into another which caused a chain reaction.

As I wrote yesterday regarding the Tony Stewart NASCAR accident, drivers who kill someone with their vehicles are typically charged with reckless homicide, which is often referred to as manslaughter. Since it is difficult to prove intent (i.e. that the driver purposely struck the pedestrians), reckless homicide carries a much lighter prison sentence than first or second degree murder. The defendant driver in this case will also be facing civil liability through a wrongful death lawsuit by the family or estate of the pedestrian who was killed at the scene. He will most likely also be sued for the personal injuries of the five (5) others who were injured.

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