Chicago Car Accident Lawyer Blog

MySuburbanLife.com reports that the Lemont Police Department is joining the Illinois Department of Transportation, as well as, more than 500 law enforcement agencies in supporting the “Click It or Ticket” safety belt campaign throughout the month of May.

In a statement released by the Lemont Police Sergeant, our Chicago car accident attorneys learned that as of January 1, everyone – no matter what age or seating position – is required to wear a safety belt during vehicle operation. The Lemont Police Department will be participating in the campaign from May 11 through May 28.

Harrowing statistics provided by the United States Department of Transportation’s National Highway Traffic Safety Administration reveal that 130,854 passenger vehicle occupants were killed from 2006 – 2010 and over half of these occupants were unrestrained.

According to the National Highway Traffic Safety Administration, the “Click It or Ticket” program originated in the early 1990s in North Carolina where the state ultimately saw an increase in seat belt use by 20 percent in two years. From there, numerous state around the country – including Illinois – began enacting similar campaigns and programs.

NHTSA.gov reveals that the specific message behind “Click It or Ticket” is supported by strategic communications including paid advertising and earned media, ultimately helping produce substantial increase in seat belt use in a growing number of States.

Our Chicago accident lawyers learned that in the past five years, the seat belt use rate has remained at or above 80 percent with many attributing this to the likelihood that most non-seat belt users are people who fear the threat of punishment more than the prospect of death or injury. As a result, States and communities are encouraged to step up their seat belt enforcement efforts and keep delivering the ‘Click It or Ticket’ message to boost compliance with the law.

Any Chicago car accident attorney will tell you that Illinois began the “Click It or Ticket” campaign in 2000 and so far the safety belt usage rate has increased 22 percent – an estimated 4,335 lives have been saved over those ten years. According to BuckleUpIllinois.org, in 2010, the safety belt usage rate in Illinois for front seat occupants in 92.6 percent.

Additional aspects of the Illinois’ campaign include holding two “Click It or Ticket” campaigns each year. The first campaign takes place in the weeks leading up to Memorial Day weekend while the second one surrounds the Thanksgiving holiday travel period. The minimum penalty for a seat belt violation in Illinois is $60. However, the price may be higher depending on the particular county you received the ticket in and their court costs.

Earlier today, a Chicago accident lawyer at Levin & Perconti read a news report posted on Philly.com detailing a piece of legislation that has been signed by the state of New Jersey in an effort to help curb aggressive driving. Under the new law, aggressive drivers who cause motor vehicle accidents resulting in injury will be subject to the same criminal penalties as drivers who cause injury-resulting accidents while driving drunk. If an aggressive driver causes an accident resulting in minor injuries – they may be subject to 18 months in prison, all the while, if the aggressor causes an accident resulting in serious harm – the penalty may carry a five year prison sentence.

Our Chicago car accident attorneys learned that this piece of legislation stems from efforts made a 16-year-old victim of aggressive driving. The young woman was traveling with a group of friends in a passenger vehicle when another motor vehicle cut them off. The driver she was traveling with became angry and attempted to chase down the other vehicle. However, the vehicle ultimately crashed into a telephone pole – resulting in the immediate paralysis of the young woman from the chest down.

As a direct result of the accident, the young woman has had to undergo over two dozen surgeries, all the while; the aggressive driver of the vehicle she was traveling in only received a four month jail sentence. Shortly thereafter, the young woman began consulting state lawmakers on harsher sentences for aggressive drivers. Although it took roughly five years to enact the legislation, the bill was ultimately passed unanimously in both houses of Congress.

Our Illinois accident attorneys learned that this aggressive driving legislation has been noted as one of the only aggressive driving law that deals with road rage through an assault-by-auto statute. Currently, only eleven states nationwide have separate aggressive-driving statutes. In a statement released by the Governor of New Jersey, it was revealed that road rage has continued to be a huge problem in their state – largely because it is a densely populated state where roadways are often crowded and residents are known for their aggressive attitudes.

Although the state of Illinois does not maintain a specific statute on aggressive driving, aggressive driving actions are charged under Illinois’ reckless driving statutes. Penalties resulting from violation of reckless driving statutes include, but are not limited to: monetary fines, prison time, mandated aggressive driving education, suspension of license, as well as, revocation of license.

Each Chicago car accident attorney at Levin & Perconti urges readers to operate their motor vehicles with the utmost safety. It is important to avoid any and all conflict on our busy Chicago streets and Illinois roadways in order to ensure the safety of you, your

A Chicago car accident lawyer at our firm read an interesting article earlier today posted on DailyHerald.com. According to the report, members of the House of Representatives voted today to officially ban talking on a cellular phone while driving without a hands-free device. With a majority vote of 62-53 – including favorable votes from Illinois House members, the proposed ban will enter the Senate for further debate.

The regulation would ultimately hold that drivers caught talking on a hand-held phone while driving would be fined $75 for the first offense and $150 each for four or more offenses. However, drivers would be legally permitted to talk on a cellular telephone with a hands-free device or speakerphone.

Supporters for this regulation believe that the cell phone ban would decrease the amount of distracted drivers and further prevention dangerous traffic accidents. However, those who criticize the regulation believe the concept as “nanny-state legislation” that outlaws common behavior. Furthermore, critics wonder why lawmakers won’t just outright ban all activities that causes driver distraction and may ultimately lead to accidents.

Currently, the state of Illinois has already enacted legislation that bans texting or sending e-mails while driving. Unfortunately, our Chicago auto accident attorney learned that policing authorities around the state are having a difficult time enforcing due to the difficulty of determining which particular cellular phone functions are in use. However, state regulation does prohibit talking on a cellular telephone in a work or school zone.

Our Illinois car accident attorneys at Levin & Perconti are pleased to learn about proposed legislation that aims at decreasing the overabundance of distracted driving around the state, as well as, the nation. Distracted driving, which most commonly includes cellular telephone use, continues to remain a common source of devastating accidents resulting in injury and fatality. According to statistics provided by the National Highway Traffic Safety Administration, in 2009, 16% of all fatal accidents involved reports of distracted driving, while 20% resulted in injury.

Our Chicago accident attorneys continue to encourage safe driving habits for drivers of all types of motor vehicles. In order to ensure safe travel, drivers should always: keep their hands on the wheel and eyes on the road, refrain from taking calls while driving, avoid texting during vehicle operation and always wear a safety belt. These simple steps could one day help save the life of you or a loved one or prevent the premature death of another.

The New York Times discussed a study that looked at the correlation between pedestrian injuries and bicycles. Usually our Chicago pedestrian accident attorneys focus on the damage that cars can do to people, however it is also important to realize that a pedestrian can acquire serious injuries from being struck by a bicycle. The study reported that, from 2007 to 2010, approximately 1,000 pedestrians were hospitalized after being struck by bicyclists. An alarming 55% of accidents occurred in an urban city.

This study is just the beginning, because it only surveyed pedestrians who were already hospitalized; there surely are other pedestrian-cyclist accidents that were not included in the study because they did not go to the hospital. Some states are even passing new laws to make reporting bicycle-pedestrian accidents mandatory. This will allow authorities to develop new rules to reduce the occurrence of this type of accident.

It is also important to look at where the accident occurred, so better signage and infrastructure can be implemented to better protect both the bicyclists and pedestrians. It would be beneficial to ordain bike lanes separate from motorists and pedestrians to make streets and roads safer. Our Chicago bicycle accident lawyers have seen a number of new bike lanes such as this, including one on Kinzie Ave. close to our office. We would be curious to see if this change has reduced the number of pedestrian-bicycle accidents in the area, because these clearly marked lanes draw attention to the presence of bike traffic. Comparably, car accidents account for a much higher number of pedestrian injuries. But, this does not mean that bike accidents and safety should be ignored.

According to FoxNews, some cities are also planning to start bike-sharing programs where bikes can be rented and deposited, in order to encourage cycling. With more bicycles on the streets, it will be crucial for these cities to educate the public on all aspects of safe cycling. Chicago has a bike-share program in place, but just this week the City announced that this program will be expanded

Safety education and infrastructure investments are being made continuously to protect motorists, cyclists, and pedestrians who share the road. The Illinois Rules of the Road states “bicyclists have the same rights and responsibilities as other road way user” and it is important to keep that in mind. The Illinois Bicycle Rules of the Road also states the bikes have to yield the right-of-way to pedestrians who are on sidewalks or crosswalks, to slow down and go around them, or give them an audible signal to make your presence known. In many places, including Chicago, cyclists are not allowed to bike on sidewalks.

Our Illinois bicyclist and pedestrian attorneys advise our readers to pay attention to to pedestrians when cycling. Bicyclists should pay attention to bicycle safety laws and regulations in their city to make sure that they are protecting themselves, and pedestrians that they share the road with. Contact our Illinois bicycle attorneys with any questions.

The American Association of Justice issued a new report today that highlights a clear example of hypocrisy by a major interest group involved in the U.S. Justice System.

The U.S. Chamber of Commerce has spent millions of dollars and focused immense resources on lobbying campaigns aimed at limiting regular consumers’ access to the courthouse. The group’s affiliate, the Institute for Legal Reform, works every day to add barriers and restrictions to the right of individuals harmed by corporations to file lawsuits against those corporations.

Groups like the U.S. Chamber have worked hard to bar the courtroom door to regular individuals, like car accident victims, who may have been hurt by the negligent actions of large corporations. However, a new AAJ report explains that the U.S. Chamber itself files hundreds of lawsuits each year to advance its own interests. Apparently the justice system is only fair to the Chamber when they are doing the suing.

The National Chamber Litigation Center, the part of the organization charged with filing lawsuits on behalf of the group, annually initiates over 130 suits. Nearly 2 times a week, the group is at it again using the court system to advance it goals—while at the same time claiming that regular individuals shouldn’t have fair access to that same court system.

Our Chicago car accident attorneys at Levin & Perconti continually work for the opposite cause: to allow all victims the same balanced access to the nation’s justice system. We do not believe that there is anything wrong with allowing our truth-finding judicial process to play out. There is nothing to fear from allowing potential victims, no matter where they come from or how much money they have, to enjoy their day in court. In that way, the system truly creates a level playing field where single individuals can stand up to anyone and seek justice. Victims of deadly car accidents caused by a faulty design in a automobile should be able to explain their story to a jury and allowed to confront the company that contributed to their suffering.

As the AAJ President explains, “The Chamber has every right to seek what it believes to be justice in a court of law, even if representing the most deplorable corporate interests. But it must learn that this right to justice belongs not just to their organization or big business generally, but to all Americans.”

To read more about this shameful example of unequal access to American Justice, check out the full AAJ report Here.

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 car accident lawsuit has been filed against a police officer who is believed to have been texting while driving, which then caused a fatal accident. The car accident occurred several weeks ago and happened when the police sergeant allegedly unsafely and illegally changed lanes to enter the highway and crashed into a passenger car killing one of the people in the vehicle. According to WOAI's website, the family of the victim, as well as a surviving passenger from the crash, have filed the wrongful death lawsuit against he police officer, even though the police reports show that both drivers were to blame. The attorneys representing the victim are trying to ensure that phone records are not destroyed or tampered with so they can see if the officer was in fact texting at the time of the accident. If the officer is found to have been texting when the accident occurred this could be very serious because of how recent studies have shown the danger of texting while behind the wheel. Texting while driving is becoming outlawed in many states, including Illinois. To read more about this tragic accident, please click on the link.

According to the Health Finder website, over half a million people were injured and close to 6,000 killed last year in accidents that were caused by distracted drivers using their cell phone (either talking on or texting). Given the incredibly high number of accidents caused by driver distraction with cell phone usage, many states are cracking down on this problem by banning certain phone actions while driving. It is virtually impossible to pay complete attention to the road while checking your cell phone for a text or responding to one and this is a problem that is entirely avoidable. This distracted while driving danger also applies to police officers, and not just other drivers, and if the police officer in this case was found to be texting at the time of the accident he could face serious consequences. Even if the practice is not outlawed where he was driving, the court is very likely to find that he was at fault and that the other driver was not at fault if the officer was distracted by his cell phone at the time of the accident. Please remember how dangerous cell phones can be in terms of distracting a driver and that even one second of not paying attention to the road can lead to tragic accidents.

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.

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 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.