In the hustle and bustle of city life, it may be easy for drivers to slip through an intersection without allowing pedestrians to make it safely across. That's why laws were passed in 2010 that place a burden on all Chicago drivers to do their part to reduce the number of pedestrian accidents around the city. Similarly, pedestrians are required to exercise caution and avoid jumping out in front of traffic that may not be reasonably able to stop for them.
]]> According to the Chicago Department of Transportation, though, behavior has changed only minimally since the laws went into effect. Only about 10 percent of drivers on average stop at crosswalks that are not police enforced. Even where police do enforce the law, observance of the law has been recorded as being only 30 or 40 percent better.Chicago officials urge residents on both sides of the issue to do their part by exercising a bit more patience, common courtesy and thoughtfulness as they drive or walk to their destinations.
Auto accidents of any kind can be expensive and damaging to both property and person. Those involving pedestrians are no exception. Indeed, considering the direct human element involved, some might argue that such accidents are worse.
Some say that a nod or mouthed thank you can help raise awareness that pedestrians, like drivers, are just trying to get somewhere safely. Others suggest that paying a just a little more attention would go a long way toward improving conditions.
Either way, Chicago drivers and pedestrians both have a responsibility in this realm. So what do you think? Couldn't we all benefit from some good old fashioned respect for one another?
Source: Chicago Tribune, "Crosswalk law hasn't brought much change," Mary Schmich, May 9, 2012
]]>On May 2, a man was discovered underneath a vehicle in Chicago's East Ukrainian Village where apparently he was the victim of a hit and run accident. Investigators state that the man, listed as being in his 50's, suffered multiple blunt force trauma injuries before he was left - and later found - on the side of the road. The man survived for only one day before succumbing to the multiple injuries.
]]> Investigators from Chicago's Major Accident Investigation Unit are currently searching for the vehicle and driver responsible for this accident. The identity of the man who died was not immediately known and authorities are working to identify the body.Hit and run accidents can leave a community in a state of shock. It is difficult enough for many people to sympathize with a driver who hits another vehicle and does not stop to offer assistance, but hitting a pedestrian and leaving the scene with the man injured on the side of the road seems to portray the worst in driver responsibility or care.
Once the man who died from this hit and run accident has been identified and the family notified, his family will no doubt face expenses associated with his medical care and funeral costs, as well as the added stress of an ongoing investigation into who is responsible for the life of their loved one. Illinois families such as this one may be able to seek damages from the driver responsible to help them with the expenses incurred.
This case is still under investigation and any decision to file criminal charges will have to wait until the driver is identified.
Source: Chicago Tribune, "Man dies a day after hit-and-run crash in East Ukrainian Village," May 3, 2012
]]>That intrigue never really turned into worldwide (or even national) prominence, but Segways are still around. In general, Segways are used by security guards in rural settings or shopping malls, but some still have them for personal use. No matter the context of a Segway ride, though, the injury risk posed by a Segway accident is undeniable.
]]> Often when a Segway rider gets into an accident, it is because they are not used to the vehicle. It takes some time to become accustomed to the balance and control needed to keep a Segway upright and running smoothly.Legally, though, the vehicle lands in a gray area.
What is a Segway considered? Is it a motor vehicle or a bike? How about the operator? Is the person on the Segway a driver or a pedestrian?
Depending on the circumstances and what is proven following a Segway accident, it can affect the result of a personal injury suit; and make no mistake about Segways, they can cause serious injuries.
In fact, a college student in Connecticut was hurt while riding the vehicle at a Segway-sponsored event. He was not wearing a helmet, nor was he offered one - and after falling off the Segway, he suffered a traumatic brain injury. After filing suit against Segway, he was awarded $10 million.
Source: ABA Journal, "Attractive Nuisance? When Fun Factor Overshadows Risk, Lawsuits Are Sure to Follow," Brian Sullivan, April 1, 2012
]]>It also calls into question the liability of transportation systems in fatal accidents, may they involve a bus, a train or any other commercial vehicle.
]]> A 2010 accident in Oregon has spurred national discussion about the safety of these vehicles. In Portland, a bus driver swerved across lanes to make an illegal left turn - while allegedly speeding - before crashing into a crowd of pedestrians who had the right-of-way and were in the crosswalk. Two of the pedestrians were killed in the crash while three others survived with serious injuries.The driver was cited with six traffic violations and, upon an investigation by TriMet -- Portland's transportation system -- was fired for her negligence.
The families of the deceased pedestrians and the three surviving victims are going ahead with a federal lawsuit against the driver and TriMet, claiming obstructions of their 4th and 14th amendment rights. They also say the deaths should be considered "arbitrary governmental taking" of a life and that the actions taken by the bus driver, who is a government employee, interfere with "fundamental rights implicit in the concept of an ordered liberty."
Another aspect of this unfortunate accident to consider: the driver originally made a "courtesy stop" before dashing across lanes and making the illegal turn, meaning it was not a designated bus stop. Some Metra operators could be guilty of "courtesy stops."
The lawsuit says TriMet was aware of these hazards and that the safety risks involved with "courtesy stops" should be (and should have been) addressed.
Source: The Oregonian, "Families will hold second-anniversary rememberance for woman killed by TriMet bus driver Sandi Day in Portland's Old Town," Joseph Rose, April 24, 2012
]]>What about this: in 2007, females under the legal drinking age (but who are intoxicated) have an equal fatal car accident risk than their underage (but intoxicated) males. Ten years earlier, those same females got into half as many deadly wrecks as their male counterparts. What is going on with young drivers in the U.S.?
]]> Researchers at the Pacific Institute for Research and Evaluation -- which discovered the above facts by studying data and surveys from 1996 to 2007 -- have a couple of reasons for the findings.Regarding sober drivers doubling their fatal car accident rate: "we speculate that it may have a lot to do with distraction," one researcher said. "Sober kids are more at risk, and we think it may be related to texting and the other new technologies they are using so much."
About the fatal crash rate for intoxicated underage female drivers: "Young women who drink and drive may be behaving more like young men who drink and drive," said a different researcher.
We discussed the dangers of teen drivers at the end of March in a blog post that also touched on the car accident rate of elder drivers. No matter a person's age, though, if they are driving under the influence of drugs or alcohol, or if they are looking at a GPS device or a cell phone, there is a much greater chance of a car accident occurring.
Source: MSNBC, "Drinking and driving risk increases for young women, study finds," April 3, 2012
]]>In addition, a mere 13% of people who partook in an exercise of installing a child safety seat into a car properly completed the task, according to the IIHS. The problems are due to the way cars produce their seats, which seem to obstruct and impede parents from securing seats with the "Latch" system -- Lower Anchors and Tethers for Children.
]]> Latch seats are dependent on the car's design to be properly secured. Metal anchors on the car's back seat allow the child safety seat to be attached to the vehicle itself. But, many car makers have positioned seat belts and upholstery in a way that makes it difficult for parents to reach these anchors. In fact, of the 98 best-selling cars mentioned above, 62 of them didn't even have the metal anchors visible."Sometimes parents blame themselves when they struggle with Latch, but oftentimes the problem lies with the vehicle, not the user," said the senior vice president of IIHS, who lamented that automakers could make simple changes and that "most of them aren't hard." She added that "lower anchors can be designed so they are easy to use."
Source: Chicago Tribune, "Insurance group says car design hinders use of child safety seats," Jerry Hirsch, April 11, 2012
]]>The latest Metra accident claimed the life of an 18-year-old student who was likely headed for higher education, as his father is president of Lake Forest College. Two other Metra accidents in January and February claimed the lives of two 15-year-olds who also attended Lake Forest High School.
]]> Three separate fatal incidents involving the Metra train system in less than three months seems to be more than a coincidence, and some serious questions must be raised about what safety measures Metra is (and will be) utilizing to protect young Chicago children from a clearly dangerous situation.What kind of guardrails are in place around Metra train lines? How much training does a Metra train operator receive to operate these powerful machines, and are they focused on looking for pedestrians? And maybe the most issue involves the premises of the Metra train lines. Do they have proper signs or notification warning people of the train line?
Since the three Metra accidents are separate, the details in each case may be different. However, the families of these young men will likely pursue litigation against Metra considering the repeated fatal incidents and the possible safety violations committed by Metra near the Lake Forest High School. If it is found Metra was negligent with safety standards or if their operators were reckless, a personal injury or wrongful death suit could be filed.
Source: Chicago Tribune, "Metra train kills 3rd Lake Forest High School student," Erin Meyer, Mar. 26, 2012
]]>In fact, only teenagers get into more car accidents per mile traveled than drivers over the age of 80. Further still, teenagers place second to the same group of elder drivers when you measure fatal car accidents per mile traveled.
]]> Intersections seem to be the most troubling spot for older drivers, according to information in the journal Traffic Injury Prevention. About half of all intersection crashes attributed to drivers over the age of 85 had a fatality. Most of these drivers got into the wrecks due to a degeneration in their driving ability. Those in their 70s could not properly judge when they should proceed through the intersection, while those in their 80s did not see the other vehicle.The intersection risk is not only a problem for other drivers, but pedestrians as well. Reaction times and general awareness decline as we get older. It's simply part of the natural process of aging, and it will inevitably happen to us all. But when a driver cannot tell if a person or vehicle is in their vicinity, they are a serious risk out on the road.
Source: Slate, "Give Me the Keys, Dad," Emily Yoffe, Mar. 7, 2012
]]>No matter the circumstances, a pedestrian accident almost always results in harm or serious injury to the victim. If the driver was not paying attention or acting irresponsible, a victim's injuries are compounded by a new feeling of anger. That seems to be the case in an accident that occurred just outside of Chicago, Illinois last week.
]]> A police officer witnessed a speeding car run a stop sign before crashing into another sign and finally coming to a stop. After looking into the wreck, the officer found out that the driver had hit a pedestrian earlier. It would appear that the driver was grossly negligent in the accident and, in an attempt to avoid responsibility for hitting a pedestrian, fled the scene.The pedestrian was taken to a hospital in critical condition, while the driver and his passenger were also hospitalized and treated for their injuries.
It seems that this is a straightforward case where a driver was reckless, causing undue harm to another person in the process. No matter how simple or complicated a car or pedestrian accident case may be, it is always prudent to seek proper legal representation if you have been harmed in an accident.
Source: Times of Northwest Indiana, "Crash leaves pedestrian in critical condition," Jeanette Lach, Mar. 12, 2012
]]>California is looking to become the second state - after Nevada - to enact autonomous vehicle laws, and Illinois could follow suit. The vehicles are allowed in out west, and though the proposed legislation does not change this fact, the bill aims to emphasize regulation and legal standards for self-driving cars in California. Without a driver, autonomous vehicles present a huge liability issue in car accidents.
]]> The California bill is on the table, and it defines "autonomous" vehicles as "a motor vehicle that uses computers, sensors, and other technology and devices that enable the vehicle to safely operate without the active control and continuous monitoring of a human operator."With the millions of people that drive the streets of Chicago, Illinois, regulatory laws for self-driving cars are an important topic. Proponents of the autonomous vehicles fault human error in car accidents, and that the computer equipment of self-driving cars enables the vehicles to avoid accidents and react more quickly to changes in road conditions than a human.
While regulatory legislation is a good first step with the impending presence of self-driving vehicles on Illinois roads, an emphasis must be placed on assigning liability in car accidents that involve autonomous vehicles.
Source: Wired, "California Lawmaker Wants Rules for Robo-Cars," Chuck Squatriglia, Feb. 29, 2012
]]>The first incident happened when a VH1 equipment driver - who later was found to have measurable amounts of narcotics in his blood - fell asleep at the wheel and crashed. Local authorities responded to the car accident and a nearly five-mile-long traffic jam resulted.
]]> Amidst the congestion, another collision happened. This crash was more serious though, as a speeding driver rear-ended another vehicle. The hit vehicle was stopped on the highway and had two passengers, one of whom died while the other suffered serious injuries.So how does proximate cause factor into these situations, and what does it mean? Let's start with the definition. Proximate cause is based on a sequence of events and it is based on a provision called the "but for" test.
It goes like this - one event directly causes another event to occur. It can be argued that but for the first event, the second event would not have happened. Should the situation pass the "but for" test, then proximate cause can be applied to the situation. If proximate cause is applied, liability is shared amongst any party or individual that had a hand in the incident.
In this situation, the deceased man's estate filed suit against the driver in the second crash. The driver countered this suit with an appeal, stating that proximate cause should be applied in the accidents. The logic of the appeal is that had the VH1 driver been responsible and not crashed, the second wreck would never have happened. Proximate cause would be validated, and the VH1 driver would be partially liable for the second wreck.
The appeal was tossed by U.S. District Court though, which considered the speeding of the at-fault driver in the second wreck as negligence. That played a more direct role in the fatal accident in the eyes of the court than the original crash.
Source: Courthouse News Service, "No Shared Liability in Nearby Car Crashes," Joe Celentino, Feb. 15, 2012
]]>This sentiment is further supported by the National Institute of Child Health and Human Development, which recently completed a study that measured how often a teenage driver made sudden stops or took a turn too sharply. By taking 42 teen drivers and installing equipment that measured the gravitational forces on their vehicles, the institute was able to see how often a teen driver drove in a "risky" manner and how that behavior predicated future car accidents.
]]> After 68,000 driving trips by the 42 newly-licensed teenage drivers over an 18-month observation period, the drivers experienced 242 near-crash incidents and 37 actual car accidents. According to the lead researcher on the study, this means that reckless driving shortly after a teen driver receives his or her license is a "good predictor" of future wrecks.Practically, these "g-force" monitors cannot be applied to all vehicles. Still, the research proves useful for parents and teenage drivers. Parents should stand by their son or daughter when they are learning to drive and show them how to prevent or avoid accident-prone circumstances.
For other drivers on the road, this information is meant only as a precaution. The possibility of a car accident is always present on the road, whether the other driver is 16 or 60. The risk of an accident is inherent to driving.
However, what some drivers are not aware of is that when you get into an accident, you should not go through it alone. Consult an attorney after you get into an accident. Your legal representative can complete a thorough investigation into your wreck and inform you of any potential legal options you would like to pursue. If the other driver is at fault in the accident, then your lawyer can represent you in a personal injury case.
Source: EmpowHER, "Risky starts and stops predict teen crashes," Reuters, Feb. 20, 2012
]]>That car accident and resulting lawsuit - along with growing concerns over the lack of regulation for agencies who offer recalled vehicles - has prompted reform in the rental car industry. Recently, Hertz entered an agreement with Consumers for Auto Reliability and Safety that will see the company's processes for dealing with recalled vehicles regulated by the National Highway Traffic Safety Administration.
]]> It is a movement that is echoed by lawmakers in Congress, who will hear a bill with similar regulations later this month. The bill will also prevent rental car companies from offering recalled vehicles to customers before they are fixed.NHTSA currently has no oversight capability with rental car companies, though they do regulate vehicle manufacturers and ensure that safety recalls on their vehicles are properly handled. Another alarming note comes from the president of CARS, who says that rental cars are not necessarily armed with the same safety equipment as cars that are bought by a consumer off the lot.
Instead, rental car companies can purchase vehicles without optional safety equipment - just so long as the automobiles meet federal standards. Such a maneuver may have disabled a California woman in 2003, who suffered serious spinal cord damage after her SUV rolled over. The vehicle, which she rented, did not have a stability-control system that was optional on the vehicle.
Ultimately, this story highlights how a product's liability, and subsequent handling, can intersect with personal injury lawsuits. Car accidents that result from rental agencies negligently allowing faulty vehicles out on the road are very unfortunate, and those affected in such wrecks could pursue legal action.
Source: USA Today, "Safety advocates: Rental car recalls should be regulated," Gary Stoller, Feb. 21, 2012
]]>As the 42-year-old sat in the back, a 32-year-old man who was driving while intoxicated smashed into the back of the squad car. The 42-year-old did not survive the car accident and the responding officer received a concussion after his car spun around twice due to the force of the collision.
]]> The at-fault driver had a blood alcohol level measured at 0.249 and the Assistant State Attorney said that the 32-year-old was talking on his cell phone to try and stay awake prior to the fatal car accident. Witnesses also say that the man's car was travelling very quickly as it approached the stopped police car. The 32-year-old has been charged with a pair of aggravated DUI offenses.There are so many things involved in the build-up to this car accident that seem to indicate a reckless man engaged in negligent acts behind the wheel of a vehicle. Those irresponsible decisions resulted in someone's death, and if all of the factors before the wreck are proven, the victim's family will have more than enough evidence to take the 32-year-old to court with a wrongful death lawsuit.
It is a sad reminder of how dangerous the roads can be, and an even more unfortunate way to lose the presence of a loved one.
Source: Chicago Tribune, "Bond set at $1M for man charged in fatal squad car crash," Becky Schlikerman and Dan Hinkel, Feb. 13, 2012
]]>For one injured pedestrian, it appears the driver who hit him was not focused on his surroundings and driving recklessly. The 32-year-old man was crossing the street around the West Town area of Chicago when a car making a left turn struck him.
]]> The collision was so forceful that the injured pedestrian was tossed in the air and landed on the car, smashing into the driver's windshield. The 32-year-old's injuries included serious lacerations all over his body and he required immediate surgery. His condition was listed as serious-to-critical at a local hospital.The police have faulted the driver for failing to exercise due care while driving and pending the completion of an investigation by the city's major accident unit, the driver could receive even more charges.
Besides the potential criminal side of this story, it is quite possible the 32-year-old victim will seek civil action against the driver. The authorities placed the blame in this accident on the driver, and it sounds like the 32-year-old was an innocent bystander with the right of way. The serious injuries dealt to this man were due to another's recklessness, and he has the grounds to seek a personal injury lawsuit to compensate for his pain and suffering, medical bills and lost wages from missed work.
Source: Chicago Tribune, "32-year-old man hit by car in West Town, driver cited," Peter Nickeas and Carlos Sadovi, Jan. 28, 2012
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