Chicago Car Accident Lawyer Blog

A fatal car accident that occurred on July 5th and left a teenage girl dead has been found to be caused by texting while driving. The teenage driver was killed after she got into an accident and her car rolled over and she was ejected from the vehicle. The police investigators found the victim's cell phone next to her body and upon opening it discovered an unfinished text message time-stamped at close to the same exact time of the crash. The victim was also not wearing her seat belt at the time the accident occurred. To read more about this teenage car crash, please click on this link.

This accident is just one of so many accidents that are caused by texting while driving. Studies have shown that text messaging while driving can be as dangerous and impairing as driving while under the influence of drugs or alcohol. While many drivers think that they can just quickly read or send out a message without getting too distracted from the road, this is unfortunately often not the actual case and so many people get into accidents as a result of text messaging while driving. Illinois injury attorneys remind drivers that it is illegal to send or read text messages in Illinois while driving, and that if you are driving anywhere it is never a good idea because of the inherent dangers it creates. Hopefully the anti-texting laws will create change and people will stop doing something so dangerous and that places themselves and others in such great danger.

New legislation in Illinois will make the fines for drivers with small children passengers increase if the driver does not have the appropriate car seat for all child passengers that require car seats. All children under the age of eight in Illinois are required to be in a car seat and up until now the fine for not abiding by this law was a fine of $50. The new law increases the fine to $75 for the first offense and a fine of up to $200 for later offenses. For the first offense, drivers will have the option to take a class that teaches about proper installation of child safety seats as oppose to paying the fine. According to The Chicago Tribune, the purpose of the training class option is to teach drivers about the importance of child safety seats and hopefully lead to less injuries to children in the event of a car accident. To read more about this recent legislation and child safety seats, please click on this link.

It is very important to understand what safety seat is appropriate for each child, depending on weight and age, and at what point a child is safe to just wear a seat belt. Each year thousands of children are killed or seriously injured in car accidents, and making sure that they are properly protected is one way we can help to protect kids in an accident. Chicago accident attorneys ask you to make sure that you have a car seat for all child passengers under the age of eight and that you make sure that the seat is installed properly and has not been recalled for any safety issues. If you are unsure whether or not your safety seat is installed properly, please click on this link to find the location nearest you that you can take your car to have checked to ensure that the safety seat is installed properly.

Recent legislation is currently underway on a federal level to address the issue of the safety standards with automakers. These actions are in response to the recent issues that the Toyota Corporation has faced due to their cars' acceleration problems. The new laws that are being proposed are attempting to force the National Highway Traffic Safety Administration to create, as well as enforce, stricter safety standards for all automakers in an effort to hopefully reduce the number of car accidents that occur due to unsafe vehicles. This new act is called the Motor Safety Vehicle Act of 2010 and would require set standards for electronic components in cars, as well as increased penalties for car companies that fail to maintain the safety standards that are in place.

The bill, as it stands now, has been amended and changed some from the original proposal and may go to the U.S. House as soon as later this week. According to The Washington Post, some people who are strong advocates of the original bill contend that the bill as it stands now does not impose the level of safety standards that are needed to keep drivers safe and argue that the original bill is what is really necessary. Regardless of what the bill says, there is no doubt that new safety measures and requirements need to be implemented in light of the recent safety issues with Toyota vehicles that have led to several fatal car accidents. To read more about the proposed federal legislation known as the Motor Safety Vehicle Act of 2010, aimed at creating safer cars and reducing auto injuries and fatalities, please click on this link.

A recent study has shown that Chicago cab companies have a complex system in place that may limit the amount that passengers are able to collect in the event of a personal injury or wrongful death resulting from a cab accident. The way the system is structured, a person injured is likely to never recover more than the $350,000 minimum required by the City of Chicago, even in cases where the injured party requires lifetime medical care or when the family is suing on behalf of a victim that was killed as a result of an accident.

According to The Chicago Sun Times, this change in damage recovery resulted about twelve years ago when Chicago stopped cab companies from being able to have a monopoly on owning cabs within the city, and as it stands now, no one company can own more that twenty five percent of city-issued taxi medallions. Prior to this, two Chicago cab companies had a complete monopoly on the system and typically held multiple layers of insurance, which would be available to protect the company in the event of a lawsuit and provide higher monetary damages for victims. The new system allow companies to argue that the driver is a private agent and without being able to show that the driver is an agent of the company, the recovery can be much lower for victims. While the legislature coming in to stop monopolies is good for cab companies and clients alike, these changes made it harder for injured victims of Chicago taxi accidents to recover the amount they deserve for the harm or injury caused. To read more about the damage recovery caps for cab accidents in Chicago, please click on the link.

In Illinois, cops are planning to crack down on seat belt usage this holiday weekend. The law in Illinois is that all drivers, all passengers riding in the front seat of a car, and all passengers under nineteen riding anywhere in the car, must be wearing a seat belt at all times the car is in motion. According to The Chicago Tribune, while this law is always in effect, Illinois state police say that they will be extra hard on people this weekend and be watching for seat belt violations extra carefully. The reason behind this crackdown is that holiday weekends are always a time of higher accident rates and more careless driving, so the cops want to make sure that everyone is wearing seat belts to try to keep the roads safer and any injuries less severe. To read more about the Illinois State Police’s safety plans to help keep people safe in the event of car accidents during the coming holiday weekend, please click on this hyperlink.

According to the National Highway Traffic Safety Administration, seat belt usage has been steadily on the rise in recent years, and in 2008 was up to ninety percent. While these numbers are good and it is obviously good that the statistics continue to rise in this regard, it is important for everyone to wear a seat belt. Chicago injury attorneys remind readers that seat belts can safe lives and can be what keeps someone from receiving serious personal injuries if they are involved in a car crash. Please make sure to do your part to reduce traffic accident injuries and always wear your seat belt and make sure that your passengers always wear their seat belts.

Motorcycle accidents account for about ten percent of all fatalities every year and it is extremely important for all motorcycle riders to remember that safety is very important. Unfortunately, in Illinois there is no law requiring motorcyclists to wear helmets but it is crucial for anyone that wants to drive or ride on a motorcycle to understand the importance and safety in wearing a helmet. Illinois is one of only three states that have absolutely no helmet requirements, even among people younger than 18. Until this legislation is changed and the law requires this extremely important safety measure to be taken, riders must make it a point on their own to make sure they and their passengers always wear a helmet. Motorcycle crashes can be very dangerous because the riders are not protected or surrounded the way they are in a vehicle and this is how so many traumatic brain injuries occur as a result of motorcycle accidents. Brain injury is what causes the most motorcycle related deaths, and if all riders would always wear a helmet the number of brain injuries would be greatly reduced. Traumatic brain injuries are injuries that cause the disrupt the normal functioning of the brain after a blow or some kind of startling jolt. According to The Brain Injury Association of America, wearing a helmet can reduce the risk of brain injury, following a motorcycle accident, saving as many as 1,500 lives a year. To learm more about the extreme dangers of motorcycle accidents, please click on this hyperlink.

Given the recent surge of warmer weather, more people are riding motorcycles and this safety issue becomes more prominent. Please remember that whenever you or a loved one gets on a motorcycle to always wear a helmet, so you can have fun safely!

In Illinois, all drivers must have car insurance for every motor vehicle they own including cars, motorcycles, trucks, and buses. All drivers must carry their insurance card, issued by the insurance company upon issuance or renewal of the insurance policy, with them at all times and be willing to show it to any police officer that asks. While it is very important to always keep your insurance card with you at all times, if you forgot it but the insurance policy is up to date some officers will allow you to prove that you have current insurance in either court or by mail to avoid a penalty. In Illinois, if a person is found to be driving without car insurance, the first offense will result in the suspension of the drivers license until the driver pays a $100 fee and shows prove of current evidence. According to Cyber Drive Illinois, the driver will also be fined $500 for driving without insurance and will be fined $1000 for driving the same car in the time period in which the license plate is suspended. Aside from just checking at traffic stops or after accidents, Illinois has started randomly selecting cars and sending the owners a questionnaire asking for current insurance policy information, and that information will be double checked with the insurance provided. To read more about the Illinois requirements for car insurance and where you can obtain car insurance, please click on this link.

The Chicago injury attorneys at Levin & Perconti strongly believe in the importance of car insurance, not only to keep drivers from getting fines, but to protect drivers in the event of a car crash. Under Illinois law, the minimum amount of insurance required is as follows: $20,000 for the injury or death of one person in a car accident, $40,000 for the injury or death of more than one person in a car accident, and $15,000 for damage to another person’s property. While this is the state required minimum, there are certain more extensive types of policies that can protect and cover drivers even if the other person involved in the accident and who is at fault has little or no insurance themselves. One type of policy that is available in Illinois is underinsured motorist policy which means that you are protected by your insurance company and can recover damages when the other driver that caused the accident’s minimum coverage will not cover the damages. Additionally, in Illinois there is the option of obtaining and uninsured motorist policy. This is similar to the previous policy but means that your insurance company will protect you against uninsured drivers that are at fault for an accident as opposed to drivers with minimum insurance. Levin & Perconti recommends these policies because of how much protection they can offer to drivers in the event of an accident with a driver who is at fault but their insurance will not be able to cover the damages of the driver who is not at fault. Damages from a car accident can be extensive, so it is always good to protect yourself and your loved ones by having a thorough and extensive car insurance policy.

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.

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.

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.

Some states have taken a new approach to handle the dangers behind teenage driving. New York recently put certain laws into effect that will restrict young drivers in the hope that they will lead to fewer teenage car accidents. According to an article on WIVB.com, the law requires more driving time between when teenagers receive their driver’s permits and their driver’s license. Teenagers must clock 50 hours, certain ones at night time, with only people over 21 in the car with them at the time. This law relies on parents of teenagers to be honest and to respect the reasoning behind the law of trying to make sure teenagers are ready and have practice when they are allowed to be behind the wheel without any supervision. Illinois has been looking into their teenage driving laws, and while Illinois did recently add extended driving time with parents before licensing, many feel that Illinois could use stronger teenage driving rules. Please click here to see the discussion on Illinois driving laws.

The reason that stricter teenage driving rules are so important is because teen drivers are involved in so many tragic car accidents every year. According to the CDC's fact sheet on teen driving, in 2008, nine teenagers between 16 to 19 died daily from injuries sustained in motor vehicle accidents. Teen drivers are commonly involved in car crashes because of lack of experience, underestimation of dangerous situations, speeding, and drinking. If states impose stricter laws on teenage drivers, there will be a reduction in these tragic yet preventable automobile accidents among teenagers.

A new law will go into effect on January 1st in which it will be illegal to text on a cell phone in the state of Illinois. This law includes outlawing texting while at a stop sign or stop light as well as when the vehicle is in motion. According to Review Atlas, hopefully this will reduce the number of car accidents caused by people not paying attention and texting while driving. While the law is directed at all ages, young drivers seem to be most at risk for getting in texting related car accidents and advocates of this law hope that this new law will encourage parents to talk to their teenagers about paying attention while driving. The importance of parents incorporating this advice in a talk about safe driving to their children is that texting can be very dangerous, but the new law may still make it hard to police officers to catch texters while driving. If you would like to read more about this texting ban in Illinois, please click on this link.

Effective January 1, 2010, drivers in Illinois won’t be allowed to “compose, send or read an electronic message.” This law will hopefully diminish Illinois automobile accidents.

A new ordinance is scheduled to go into effect on January 1st, in which drivers found to be driving without a license or with a suspended license (often as a result of a car accident or other impaired driving incident) will have their car impounded, requiring drivers to pay a $500 fine and a $165 towing fee to get their car back. The supporters of the ordinance say that these fees are intended to deter drivers from driving without a license and that hopefully people will think again before getting into a car without a license. People that are opposing this ordinance feel that just charging offenders and then letting them get right back on the road after paying money does not solve the problem. Regardless of what this ordinance will end up accomplishing, driving without a license is a serious issue and many of these unsafe drivers are responsible for Illinois car accidents and something should be done to try to keep the numbers of unlicensed drivers off the road. If you are interested in finding out more about this ordinance, click on the hyperlink.

Illinois law requires that all drivers have car insurance when operating a motor vehicle. In order to be in compliance with this mandatory insurance law, the minimum coverage amounts are as follows: as least $20,000 for the injury or death of one person in a car accident, at least $40,000 for the injury or death of more than one person in a car accident and at least $15,000 for damage to the property of another person in a car accident. Every driver must carry their insurance card in their vehicle and present it to any requesting law enforcement officer. Insurance companies will automatically send an insurance card to their insured and will send a new one when the previous one expires. The Vehicle Renewal Registration Application that all drivers must fill out when renewing their registration each year now has a signature requirement promising that they have current insurance to cover the registration period. Drivers that fail to keep their insurance current, or lack insurance completely, are subject to a $100 reinstatement fee as well as current proof of insurance on the first offense. If it is a repeat offense, the driver is subjected to a four-month suspension period of their license in addition to the punishments of a first time offender. For more information on the mandatory insurance requirements, click here. If you have been injured in a car accident involving an uninsured motorist, the Chicago car accident attorneys at Levin & Perconti may be able to help you seek justice. Call 312-332-2872 for a free consultation with an accident lawyer.

Due to the large number of car accidents resulting from drivers texting while driving, Illinois House Bill 71 was passed by both houses. If the bill is signed into law by the governor, police can pull over and fine anyone found texting while driving. The bill has certain exceptions for situations such as emergencies, or when the texting can be done hands-free. For more information on this Illinois text ban legislation, click here.

A recent study shows that text messaging while driving is very dangerous and more likely to lead to car accidents than previously suspected. The study showed that the risk was up to 23 times greater that a car accident would occur while texting than it was while not texting. The danger is due to the fact that the drivers get distracted and take their eyes of the road, which can lead to car crashes. Fourteen states currently ban text-messaging while driving, because of the dangers of texting while driving. For more information on this recent study, click here.

More information has been found in connection with a fatal car accident in which a police officer was going over a hundred miles an hour and crossed a median slamming into a passenger vehicle in November of 2007. The car accident killed two sisters and injured two other sisters. The family of the sisters who were injured in the car accident have filed a personal injury suit against the police officer, claiming negligence. There is a Act that grants immunities to state employees for mistakes made while performing official duties. The attorney for the girl’s family claims that since the accident occurred while the officer was talking on the phone, emailing and driving at excessive speeds, the officer cannot claim that he is entitled to protection from this Immunity Act. This issue is still pending in this case, and the police officer has criminal charges for the death of the two girls and injuries of the two others pending. For more information on this car accident suit, click here.

A teenage girl was killed in a car accident that the authorities believe to be a result of her text messaging while driving. The teenage girl was driving in a Chicago suburb and lost control of her vehicle because she was attempting to text while driving. The police are saying that texting while driving is even more dangerous than trying to change the radio while driving. The General Assembly of Illinois is trying to pass a bill that would make text messaging while driving illegal, as a result of the increased car accidents resulting from text messaging while driving. Current Illinois law makes talking on the phone and texting illegal while driving for anyone under the age of nineteen. For more information on this car accident, click here.

According to an article on Mystateline.com, over 25% of reported car accidents are caused by distracted drivers. One of the ways that many drivers are distracted is by text messaging while driving. This dangerous practice takes drivers' eyes and minds off the road and can have devastating consequences.

Recently, the Illinois state House passed new legislation that bans people from texting while driving in Illinois. Those who are caught texting while driving will receive tickets and repeat offenders can end up in jail. The new rule will help to decrease the number of car accidents in Illinois. To read more about the new legislation banning text messaging while driving, follow the link.

New policies in Illinois have been put into place to protect police and drivers from future car accidents. A lawsuit is currently pending against an Illinois State Police trooper who caused a fatal car accident last year in Rockford, IL. The police officer attempted to make a U-turn after witnessing a vehicle drive through a red light. As the policeman made the turn, his car collided with an SUV. The front-seat passenger sustained fatal injuries as a result of this collision. The new policies aim to prevent accidents like this from occurring.

Under previous Illinois law, police vehicles were permitted to go against traffic signals such as stoplights and stop signs with no speed limitations. A new code system was implemented in late 2008, giving police guidelines for how to react, depending on the severity of the situation.

Follow the link to read more about how these policies can prevent future car accidents.

Motorists convicted of drunken driving in Illinois will have to blow into device to prove their sobriety every time they get behind the wheel come January 1, 2009. If the driver fails to blow into the device their car will not start. The restriction is part of a new law that is a huge Illinois crackdown on drunk drivers. The measure is one of the strictest in the nation and is aimed at first-time offenders convicted of driving under the influence. Those convicted will have 14 days to get a breath-alcohol ignition-interlock device installed in their vehicle’s dash. If the driver has a blood-alcohol content above .024 the engine won’t start. Those with multiple DUI convictions previously could have been ordered to install the device. This legislation could affect as many as 40,000 offenders a year. Sponsors responded to a concern from Mothers Against Drunk Driving that alcohol-related crashes and arrests had stopped declining in recent years, thus the group argued that technology could be used to get more drunken drivers of the roads. Last year in Illinois, there were 508 deaths from car crashes involving alcohol. Other states who have implemented this legislation have found a decrease in their alcohol-related traffic fatal car crashes. To read the full story, click here.

Under Illinois law, adults who willfully provide alcohol to persons under 18 years of age are civilly liable for death or injuries caused by a minor’s intoxication. If a child was killed in a car crash because he was intoxicated, the adults who served the child would still be liable if a wrongful death lawsuit was filed.

Of course criminal repercussions accompany this conduct too, illustrated by the recent jury verdict in Lake County finding a Deerfield couple guilty of allowing underage drinking in their basement last October where two of the guests were killed in a car accident after leaving the couple’s home.

Yesterday, two Cook county parents were cited for permitting a minor to become intoxicated. The parents would have also been responsible for any death or injury that came as a result of their serving these minor’s alcohol.