Posted On: March 31, 2010

Chicago Man Killed in West Side Bicycle Accident

A Chicago bicyclist was killed on March 30th when he was struck by a car on the West Side of Chicago. The biking accident occurred when the biker was riding on North Waller Avenue and a car failed to slow down and struck the biker. According to Chicago Breaking News, the biker’s injuries were so severe that he unfortunately was unable to recover and died shortly after the biking accident. The driver that struck the man was cited with negligent driving as well as failure to reduce speed to avoid an accident. To read more about this tragic car accident, please click on this link.

While drivers must always be aware of bikers and be careful to avoid hitting them, there are also certain safety precautions that bikers can take to ensure their own safety. The Chicago accident attorneys at Levin and Perconti offer several tips for bikers to remain safe while on the road. First of all, bikers should always ride as close to the curb as possible and only veer more into the road to avoid other bikers or a dangerous situation in the road. Additionally, bikers should always have at least one hand on the handlebars and never being holding on to something that would make it impossible for them to use both hands when necessary to control the bike. Whenever there is a bike path adjacent to the street, the biker should always ride on the path instead of the street. Bike should never have more people riding that there are seats available. In addition to these safety tips, all bikes should be equipped with reflective lights to help insure cars can see them and should always have a working brake. Following these tips and making sure your bike is safe to be riding can help you have a safe and enjoyable ride!

Posted On: March 29, 2010

Illinois Car Accident Caused By Black Ice

An Illinois woman that suffered serious personal injuries in a car accident this past December has filed a lawsuit against the driver of the car who the victim alleges caused the accident. According to The Telegraph, the complaint alleges that the defendant was negligent in that he failed to keep his vehicle in control, failed to stop his car in time to avoid a car accident, failed to keep a proper lookout, and that he crossed the center line. The police reports from the car accident show that the defendant lost control of his car and caused the accident because his car struck black ice and he could not control the vehicle once it struck this very dangerous type of ice. To read more about this car accident and the lawsuit in connection, please click on this link.

Black ice can be even more dangerous that other types of ice because it is more transparent, appearing the color of the ground below it, making it at times impossible for drivers to see. This type of ice occurs when very few air bubbles get trapped inside the ice which is what makes the ice so transparent. This type of ice can be very dangerous on the road to drivers and is also often a danger to pedestrians that may also not notice it while they are walking.

According to the United States Department of Transportation website, icy pavements cause close to 200,000 car crashes yearly and account for 3% of all motor vehicle accidents each year. When the pavement condition is altered, such as when there is ice or black ice, the vehicle performance and driver’s capability to handle the vehicle are both compromised. Because of these problems that occur with ice it is important for drivers to be extremely cautious when driving in icy conditions, preferably choosing not to drive if possible. If you must drive be sure to drive slowly and very cautiously while always paying extra careful attention to the road.

Posted On: March 27, 2010

Bicyclist’s Family Files Wrongful Death Lawsuit

The family of a bicyclist that was killed in a car accident in 2008 has had filed a wrongful death lawsuit against the driver of the car. The car crash occurred while the driver was text messaging and got distracted, causing the driver to crash into the bicyclist. The driver, in his distracted state, failed to stop at a stop sign and was ticketed for causing the accident in which the young man was killed. According to About Lawsuits, the lawsuit alleged that the driver was grossly negligent when he intentionally took his eyes off the road while driving. To read more about this accident and car accident lawsuit, please click on this link.

Many states have chosen to deal with the dangers of texting while driving by enacting laws that make it against the law to text message while driving. Illinois is one of the states that have enacted anti-texting laws. In Illinois a law was enacted on January 1, 2010 that makes it against the law to compose or read text messages while driving or at any type the car is in drive, and carries a fine of $75 per offense. Unfortunately, while this law is a great attempt to try to curb the presence of texting while driving, Illinois officers have said that this law is actually very difficult to enforce. The law does not ban drivers from scrolling through their contact lists on their cell phones or for dialing numbers, and both of these acts look very similar to text messaging. At this point the Illinois law is proving hard to enforce however hopefully drivers knowing they may be ticketed for texting will make them reconsider doing it and realize the danger that it creates.

Whenever you are behind the wheel remember how distracting text messaging is to a driver and how much focus it takes off the road. Always refrain from texting while driving and if it is a matter that must be taken care of immediately, please pull off the road while you are texting. This simple act of refusing to text while driving will make you safer on the road and may prevent car crashes.

Posted On: March 26, 2010

Case Law Update: Tort in Concert

Norman v. Brandt, No. 4-09-0246 (2-4-10) affirmed that a case where the plaintiff alleged that Defendant, who offered to lead cars of friends who were heading to lake to swim, drove his vehicle "in concert" with driver of vehicle from which Plaintiff was thrown to cause his injuries and death. Plaintiff's vehicle was following closely behind Defendant on a narrow country road and careened off road and rolled over in field. Court properly granted summary judgment for Defendant. Despite Defendant have exceeded speed limit, he did not commit tort in concert, per Restatement of Torts Section 876, as not attempting to race, no horseplay, and did not drive in way to encourage or substantially assist other driver to driver tortiously. This case will impact Illinois automobile accident law.

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Posted On: March 25, 2010

Illinois Teenage Girl Struck and Killed by Elderly Driver

A Southern Illinois car accident that occurred on March 24th injured two teenage girls and left a third girl dead. The tragic accident occurred when the three girls were bike riding on the side of a road in Gallatin County and an elderly man crossed over the center line striking the three young girls. According to The Associated Content, while one girl suffered injuries so severe that she died as a result, the other two girls were hospitalized with their injuries and will hopefully recover fully. To read more about this horrible Illinois car crash, please click on the link.

Unfortunately, the elderly population makes up for close to 15 percent of all traffic accidents even though the elderly population makes up only about 9 percent of the overall population. Elderly drivers and the families of these drivers should make sure that any elderly driver has a current driver’s license, has had their vision and hearing checked recently and that their reflexes are quick enough for driving. It is important to make sure that elderly drivers are in a safe position to be on the road alone, to help keep them safe as well as other drivers they may encounter.

Posted On: March 23, 2010

Other New Illinois Driving Laws

The new texting ban that went into effect in Illinois earlier this year is not the only new cell phone law aimed at reducing Illinois car accidents that Illinois drivers need to be aware of. In addition to the texting ban, the Illinois legislature also passed a law that makes talking on a cell phone while in a school zone or construction zone against the law because of the possible danger in causing car crashes in these areas. This goes for all times of day and is in effect even during hours where children and construction workers are not present. The construction zone law also apples to temporary work areas as long as a speed reduction sign is posted. The law does not ban blue tooth use, speaker mode, or emergency 911 call in these restricted areas.

Some police officials have issues with these laws now that construction season is about to start in Illinois. The public has not been made aware of these laws in very much depth and certain officials believe that it is unfair to ticket without proper warning. The hope with these officials is that officers will only issue warnings to people until the public is better informed of the new law at which time there will be a zero tolerance policy. To read more about these new laws in Illinois, click here.

Posted On: March 21, 2010

Three Illinois Teenagers Injured in Accident

A car accident on March 17th left three Illinois teenagers injured. The Peoria car accident occurred when the young driver waved to people in another car and lost control of his car and crashed into another car. According to PJ Star, the driver and the two passengers in the car were taken to a local hospital for treatment of their personal injuries. The driver and passengers in the car that was hit were not seriously injured. The teenage driver of the car that caused the accident was ticketed for failure to reduce speed to avoid an accident. To read more about this Peoria car accident, please click on this link.

Accidents like this are unfortunately more common than one may think. According to the CDC website, car accidents are the leading cause of death among teens and while the ages between 15-24 only make up for about 15% of the population, this age group accounts for about 30% of car accidents. Texting, radio playing and talking to friends can easily distract young drivers. Young drivers often lack the experience necessary to drive safely on the road and often get into accidents caused by not paying attention to the road and other drivers or by inexperience and not knowing how to handle certain situations. It is important to try to help teenage drivers understand the importance of paying attention while driving and not letting distractions keep then from focusing on the road.

Posted On: March 19, 2010

Toyota Recall Continues and Toyota Faces Big Problems

The Toyota recall continues on and at this point it is unknown what Toyota intends to do to combat the problems they have been facing in the past few months. Documents that were recently released show that back in 2007 Toyota was first made aware by the National Highway Traffic Safety Administration of floor mats becoming jammed and cause the gas pedal to get stuck, causing car accidents. Toyota’s response in 2007 was to develop a “game plan” to keep from having to have a huge recall. At this time Toyota only recalled a small number of cars (55,000) with a specific type of single floor mat in order to “solve” the problem causing vehicle crashes. Unfortunately, this did not solve the problem and three years later Toyota is in the middle of multiple recalls due to problems in their vehicles. Most recently, Toyota has recalled more than 400,000 cars and are being forced to change the brake pedals in response to a faulty brake pedal. This comes in the wake of recent recalls due to gas pedals causing acceleration and airbag problems, in all totally about 6 million cars. Toyota has faced drops in sales due to all the recent problems that were found in their vehicles. In February of 2010, Toyota sales slipped close to 9% and Toyota had pulled eight models from their line up. More than 20 people have died as a result of recent Toyota car problems and it is crucial that Toyota take active measures to ensure that safety is their priority and reduce the number of car crashes caused by their vehicles.

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Posted On: March 19, 2010

Case Law Update: Evidence in Car Accident Lawsuit

Ford v. Grizzle, No. 5-08-185 (2-17-10) affirmed a car accident lawsuit that filed for injuries sustained in rear-end car accident with a jury verdict for Defendant. The court properly allowed evidence of Plaintiff's three prior car accidents and back and neck injuries, including one accident for which he continued to treat following accident in question; and photographs of Plaintiff's vehicle, which showed no damage. Vehicle photos could help jury to assess relationship between vehicle damage and injuries, without aid of expert. Not error to allow Defendant's closing argument remarks that Plaintiff initially sought medical bills for all three accidents, but was asking jury for only those bills related to accident in question; remarks did not infer settlement negotiations or offers. This case will impact Illinois car accident cases.

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Posted On: March 17, 2010

Illinois Car Accident Kills Construction Worker

An Illinois construction worker was killed on March 16th when he was struck by a car on Interstate 80. The victim was patching potholes on the highway when he was hit by a car at such a high speed that the victim was forced through the windshield. According to The Chicago Tribune, the driver of the car fled from the scene of the car accident and is still being sought out. Many hit-and-run accidents occur every year when people either get scared and don’t know how to handle the situation or think they can avoid the consequences caused by their negligence. If you are ever involved in an a car crash, make sure to stay at the scene for the police.

The accident occurred in a construction zone that was clearly marked. The construction zone signs are intended to protect both the construction workers as well as the drivers. It is important to always be aware when driving and make sure to take note of construction zones and follow the construction zone special rules. According to the Illinois Tollway website, first of all pay attention so you know where the construction zone begins and ends as well as what the reduced speed limit is in that area. While in the construction zone, obey the reduced speed limit whether you can see workers or not. The penalty for hitting a construction worker may be up to $10,000 and up to 14 years in jail. To read more about this car crash in which a construction worker was fatally injured, click on the link.

Posted On: March 15, 2010

Illinois Speed Limit Increase Proposition Leads to Questions

Recently a proposal has been made that would allow Illinois drivers, both passenger and truck drivers, to drive up to 70 miles per hour when outside the city limits of Chicago. According to My Suburban Life, this new proposal is very controversial and is being considered on the heels of the recent speed increase that allows truck drivers to drive the same maximum speed on cars in Illinois (65 miles per hour). The reasoning behind the 65 miles per hour law was that many thought that allowing all vehicles to travel the same speed would reduce car accidents by creating a more uniform speed across the board. Since this law is relatively new the statistics have not yet shown whether or not this hope of less car accidents has actually occurred. Proponents of the 70 miles per hour proposal argue that the roads were created to handle this speed and that this was the speed in place before a nationwide reduction in speed back in the 1970s (in an attempt to conserve gas and energy) and that 33 states currently have this increased speed limit in place. Opponents of the new proposal say that this will create a huge safety issue and that allowing this additional speed is inevitably going to lead to more traffic and safety issues. Unfortunately the statistics available do not offer a definitive answer as to whether or not higher speed limits lead to higher car crash rates. To read more about this Illinois speed limit proposal, please click on this link.

The Chicago car accident attorneys at Levin & Perconti are interested to see what information is revealed either supporting or against this proposal and wants to remind all drivers of the importance of following the posted speed limit whenever driving. In addition to not going too fast it is also important to not drive too slowly, because driving at a drastically different speed than other drivers, whether it be fast or slow, can lead to traffic accidents.

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Posted On: March 13, 2010

Illinois Woman Killed in Early Morning Crash

An Illinois woman was killed earlier this morning when her car was struck by a passenger van. The North Side Chicago accident occurred when a van struck her car, and she was pronounced dead shortly after the accident at Northwestern Memorial Hospital as a result of multiple personal injuries sustained in the crash. According to Chicago Breaking News, this car crash is still under investigation and there is no information at this point if any citations were issued or if any charges will be filed. To read more about this Chicago car accident, click on the link.

If a loved one was killed in a car accident and you believe that the driver that caused the car accident may have been negligent, or was responsible for the car accident in some other way, you may be entitled to compensation on the part of your deceased loved one. Even if charges were not filed against the driver in connection with the accident, there may still be civil options available to the family of the victim and a wrongful death lawsuit may be appropriate to compensate the family of the victim. If you would like to discuss possible options following an accident in which a loved one was killed, please contact a Chicago accident attorney today.

Posted On: March 11, 2010

Chicago Woman Dies in Drunk Driving Accident

A Chicago woman died in a car accident on March 9th in which a woman lost control of her car, drove of the highway and struck a light pole. The driver and her nine year old daughter were taken to Christ Medical Center for treatment of their personal injuries and are both expected to recover fully. According to South Town Star, a passenger in the car suffered fatal injuries. The driver of the car has been charged with drunk driving. To read more about this Illinois crash, please click on the hyperlink.

Drunk driving in a very serious crime and in Illinois drunk drivers can face up to a year loss of driving privileges, possible jail time of a year, and a $1000 fine. According to the Illinois State Police’s website, this punishment is just for the first offense and the punishment gets much more severe with more than one DUI conviction. Always remember that drunk driving is very dangerous and can hurt not only yourself but others and that in Illinois the legal limit is a .08 blood alcohol content to be considered under the influence and in turn subject to drunk driving tickets.

If you see a driver that you believe may be impaired please call 911 immediately to give the police the location of the driver. Make sure to stay out of the way of the vehicle but also keep an eye on it to give the police the most accurate description of where the car is on the road. Additionally, if you know that someone is getting behind the wheel and they are intoxicated, please try to stop them and offer them a ride to where they are going. If they insist on driving, please take note of their license plate number and call the police to inform them of the intoxicated driver.

Posted On: March 9, 2010

Chicago, Illinois Car Accident Lawyers Encourage Seat Belt Safety

The Chicago car accident lawyers at Levin & Perconti encourage everyone to wear their seat belts and reinforce how important seat belts are. Seat belts are a very necessary and simple safety measure to take whenever traveling in a car. Whenever you are a passenger in a car make sure to always buckle your seat belt and if your seat does not seem to be equipped with a seat belt, either look under the seat to see if it is stuck and can be recovered or move to another seat with a seat belt. Additionally, do not ride in a car without proper seat belts or in a car with more people that there are seat belts. As a driver always make sure that all of your passengers buckle their seat belts. Always make sure to wear your seat belt properly with the lap belt across your hip and the shoulder strap across your body diagonally. Following these simple steps and always remembering to buckle your seat belt as soon as you get into the car can make all the difference in the case of a car accident. The Click it or Ticket campaign has been a very successful campaign in increasing awareness and importance of seat belts. According to The National Highway Traffic Safety Administration, the concept behind the campaign is to remind people that no matter when or wear they are driving if they are caught not wearing a seat belt they will be ticketed. This simple message has worked on many and the national seat belt rate is currently at its highest rate of 82%.

The seat belt law is Illinois is that all front seat occupants of all ages are required to wear a seat belt. While passengers in the back seat are not required to be belted, the laws are different when it comes to minor passengers or minor drivers. Under the Child Passenger Protection Act, all passengers under 16 years must be belted regardless of where they are sitting in the car. Additionally, any drivers under 18 must only have the amount of passengers in the car that there are seatbelts and during first six months of a minor’s license they can only have one passenger under the age of 20 in the car at any time (there are exceptions for immediate family members). All passengers under 18 have to wear a seat belt no matter where they are seated if the car’s driver is under 18. For a better understanding or more complete set of Illinois seat belt laws, please click on this hyperlink to Cyber Drive Illinois. In Illinois all children under the age of 8 must be in a safety seat, whether it be a car seat (rear-facing for babies) or a booster seat (front-facing for older children). If a child is over 40 pounds they may ride in the back seat in only a lap belt if the car is not equipped with a shoulder belt. Child seat belt safety laws are very serious and parents of the child are responsible for ensuring that any person transporting their child has the proper equipment and are subject to fine if not obeyed.

Remember that seat belts are easy to wear and can safe lives!

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Posted On: March 8, 2010

Case Law Update: Motions in Limine in Automobile Accident

Ford v. Grizzle, No. 5-08-185 (2-17-10) involved a Suit filed for injuries sustained in rear-end car accident; jury verdict for Defendant. Court properly allowed evidence of Plaintiff's three prior car accidents and back and neck injuries, including one accident for which he continued to treat following accident in question; and photographs of Plaintiff's vehicle, which showed no damage. Vehicle photos could help jury to assess relationship between vehicle damage and injuries, without aid of expert. Not error to allow Defendant's closing argument remarks that Plaintiff initially sought medical bills for all three accidents, but was asking jury for only those bills related to accident in question; remarks did not infer settlement negotiations or offers. This Illinois case will have an impact on automobile accident law.

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Posted On: March 7, 2010

Illinois School Bus Accident Injures Eleven

A Hanna City car accident occurred on the morning of March 4th in which three vehicles were involved, including a school bus full of eighteen students ranging in ages. According to PJ Star, eleven people were injured in the car accident that occurred when the school bus was stopped to pick up a student and another car was stopped behind the bus and a third car struck the stopped car from behind, causing that car to strike the bus. Between the three cars there were multiple injuries and the victims were taken to local hospitals for treatments of their personal injuries. To read more about this Illinois bus accident please click on the link.

Luckily, buses are built to stand up to accidents well and are one of the safest vehicles to be riding in at the time an accident occurs. This is likely why only several of the children on the school bus suffered injuries and none of them seemed to be too severe since all children were reported to have been released from the hospitals later that same day. While the statistics show that school bus accidents result in less injuries, there are still safety measures that could be implemented on school buses to further improve safety. According to Web MD, one major improvement would be a mandatory seat belt law for school buses and another very helpful improvement would be compartmentalized seating that would better protect the kids in the event of a bus accident. While school buses are safer than some other vehicles, it is important to always be aware of stopped school buses to avoid accidents. School buses stop frequently so make sure to always be paying attention to the road, and pay extra attention in areas where you know school buses often travel.

Posted On: March 5, 2010

Wrongful Death Accident Lawsuit Settles for Close to $2 Million

A car accident lawsuit has just concluded with a verdict in favor of the plaintiff of close to $2 million dollars. The car accident occurred in 2007 when a teenage girl was killed in a car accident in which another teenager was driving and tried to jump a hill going 60 miles per hour and crashed into a tree. According to KTIV’s website, the driver is currently in jail for manslaughter and this was a civil wrongful death lawsuit filed by the victim’s parents against the driver and his ex-wife (who was the owner of the car). The driver of the car was driving without a license at the time of accident and this is why the parents could sue the owner of the vehicle. In this case the owner of a vehicle was held liable because she knowingly allowed someone to drive her car without a driver’s license. To read more about this car crash settlement, please click on the link.

In Illinois there are certain laws that affect both unlicensed drivers as well as minors involved in a fatal car accident. In Illinois if a minor is involved in a car accident and criminal charges are pending, they cannot be issued a driver’s license or renew a learner’s permit until the charges are cleared. Additionally in Illinois the owner of a vehicle can be held liable when they negligently entrust their vehicle to an unlicensed driver. Both of these driving laws deal with issues and consequences of car accidents similar to the one mentioned above.

Posted On: March 3, 2010

Chicago Woman Strikes Police Officer

On February 27th a Chicago woman got into a car accident in which she struck an Illinois police officer on I-94. The accident occurred when the police officer was pulled over on the side of the highway and was standing outside of her patrol car and was then hit by the Chicago woman. According to Chicago Sun Times, the victim was conscious when emergency crews arrived and is believed to have suffered multiple broken bones but is expected to recover fully. To read more about this Chicago pedestrian accident, please click on the link.

The driver has been charged with aggravated reckless conduct for her failure to notice the police officer in time to avoid striking her. In Illinois there is an additional penalty for driver’s who fail to yield to emergency vehicles or cause accidents or injuries to public safety personnel. According to the Illinois State Police website violation of this law, Scott’s Law, can lead to up to an additional $10,000 in fines and a suspension of driving privileges for up to two years. In addition to the reckless conduct charge, the driver in this car accident was also charged under Scott’s Law, cited for improper lane usage, failure to reduce speed and operating an uninsured car. Driver distraction can be very dangerous and can lead to very serious car crashes. It is important for all drivers to be alert and pay attention every time they get behind the wheel.

Posted On: March 1, 2010

Chicago Taxi Accident Injures Two People

A Chicago taxi accident occurred early on the morning of February 28th in which both the taxi driver and the passenger suffered personal injuries. According to Chicago Breaking News, the car accident occurred when a car traveling on Clark Street crossed over the center line and crashed into the taxi carrying the victims. The car that caused the car accident then sped off and the car was later found abandoned near the crash. Both victims had to be extracted from the taxi and were hospitalized with personal injuries. For more information on this Illinois taxi accident, please click on this link.

Hit-and-runs like this accident are when a driver hits another car and then flees the scene, rather than staying at the scene to talk to the police or the other driver. Many drivers get nervous after an accident and their instinct may be to leave immediately, but it is important to always stay to make sure everyone is okay and, if there are any injuries, that the police and emergency personnel are called. If you were in a hit-and-run accident and would like to talk to a Chicago car accident attorney about what your legal options may be, please follow the link.

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