Chicago Car Accident Attorney Blog

The National Transportation Safety Board wants all 50 states to ban cellphone use by drivers. No texting, no tweeting, no talking — not even on a hands-free phone.

It's a standard that goes beyond anything on the books in any state. The board has no authority to impose it. The data on accidents involving cellphones is inconclusive, the government is not our nanny, and eating a chili dog while driving is dangerous, too.

Continue reading "Chicago Drivers: Hang up and drive!" »

Almost 6 years after a runway accident that left a six year old child dead, the city of Chicago is taking steps to improve safety at Midway Airport.

The city will purchase several pieces of property around the airport, then demolish the buildings to set up "runway protection zones".

The Chicago City Council approved the acquiring of these properties during a council meeting on Tuesday.

Four businesses will be lost as a result of the buffer zone.

Sammy's Kitchen, a popular breakfast spot at 5544 West 55th Street for the past 17 years is one of the businesses.

The owner, unhappy with the decision by the city, will not speak publicly about the buffer zones until she hears from the city.

Customers are not holding back.

"It's been such a fixture here and someplace that I've enjoyed coming to for many years," one patron told WGN this morning.

"I hope it does not go," another customer said. "They've got good food here, and the prices are reasonable."

In 2005, a Southwest Airlines jet skidded of a snowy runway into traffic killing a 6 year old boy. The car the boy was a passenger in was crushed under the plan'es nose and fusilage. He was in the car with his parents and his two siblings.

A Mobil gas station and the building that Central Drugs is located in at 5600 W. 63rd st, are also part of the buffer zone acquisition.

City aviation officials told the Sun-Times that these acquisitions are critical -- not only for runway protection zones but also to improve the navigation approach path to the runways.

I was running late for work that morning. I was getting dressed and as usual, had the tv on. I overheard the newscaster say that a plane had hit the world trade center. I thought to myself how odd that was and was expecting to see a small private plane that somehow had flown off course.

When I looked at the tv and saw the commercial jet imbedded into the building, I immediately realized that this was no accident. How does a commercial jet fly into one of the tallest buildings in New York City? Mintues later as I was watching the smoke billowing from the north tower of the World Trade Center, I witnessed another plane fly into the south tower. I couldn't believe my eyes. Not only did this confirm that the first plane crashing into the north tower wasn't an accident, I came to the realization that we were under attack. While I finished getting dressed I watched the broadcast with fear and anxiety.

I left my apartment for the drive to the city. I lived in Bensenville at the time, so I drove the Eisenhower expressway everyday to work. While I was in my car, I was listening to the radio and the events unfolding in New York. I felt so sad for the people trapped in the floors above the crashes knowing they would never make it out alive.

The drive into the city was very strange. The Eisenhower expressway was literally a parking lot. No one wanted to drive. Everyone was stopped listening to their car radios. Then came
the news that a plane had crashed into the pentagon. Then the news came that the south tower collapsed. Then flight 93 went down in a field in Shanksville, PA and then the collapse of the south tower. I couldn't believe what I was hearing.

What ordinarily may have been a 50 minute drive turned into a two hour drive. People were paralyzed. No one wanted to move for fear that they may miss something. When I eventually made my way into the River North Area, a mass exodus was underway. The management of the city's skyscrapers like John Hancock and the Sears tower had ordered evacuations.

When I arrived at my office, my co-workers were listening to the coverage on the radio. How could somethnig like this happen?

As the day wore on the answers to who and why became more clear. We were under attack by a group of extremists who wanted to bring our country to its' knees, begging for mercy. Our very way of life was under attack that day. How would we ever recover from these events?

In the days following the attacks, I watched with intensity as I am sure most Americans did, the recovery efforts at ground zero. Every image from the scene brought tears and a feeling of anger. Eventually, though, that anger turned to pride. To see how we as Americans came together to support the recovery efforts and start the healing process. I eventually would start to smile when I would see an American flag whether it was on someone's house or attached to a car antenna. We were Americans and we were proud to be Americans. Nobody would take that away from us.

I can remember everything on that day so vividly. I think that is what is really important about the 10 year anniversary. Remembering. Remembering those who lost their lives. Remembering the firefighters, police officers, paramedics and all the other workers who worked tirelessly for days, weeks and months on end. Remembering that, although the terrorist tried to destroy our way of life on that day, nothing could destroy our faith, pride and love of our way of life and the freedom we enjoy that other countries can only envy.

Summer is the time is for driving; road trips, vacations, family outings.

you may not involved in an accident during these times, but chances are you will be involved in at least one accident in your lifetime.

What happens when one or both vehicles involvedi n an auto accident do not have insurance?

According to the Insurance Research Council, In the US, there is a 1 in 7 chance that a driver is uninsured.

The bad economy has also caused an increase in the number of drivers without insurance.

From 2003 to 2007, the number of uninsured motorists declined before increasing to just over 14% in 2008 and dropping to just below 14% percent in 2009, according to the IRC.

The bad economy is thought to be the reason.

“The leveling trend in the percentage of uninsured motorists is an unfortunate consequence of the economic downturn and illustrates how virtually everyone is affected by recent economic developments,” said Elizabeth A. Sprinkel, senior vice president of the IRC, in a press release.

“Despite laws in many states requiring drivers to maintain insurance, about one in seven motorists remain uninsured. This forces responsible drivers who carry insurance to bear the burden of paying for injuries caused by drivers who carry no insurance at all,” Sprinkel said.

In a new study, “Uninsured Motorists, 2011 edition,” the IRC determines their estimates for the number of uninsured drivers by comparing the number of uninsured mtotorist in 2008 and 2009 based on the number of uninsured motorist insurance claims versus the number of bodily injury claims.

In 2009, the five states with the highest uninsured driver estimates were Mississippi, 28 percent; New Mexico, 26 percent; Tennessee, 24 percent; Oklahoma, 24 percent; and Florida, 24 percent.

The five states with the lowest uninsured driver estimates were Massachusetts, 4.5 percent; Maine, 4.5 percent; New York, 5 percent; Pennsylvania, 7 percent; and Vermont, 7 percent.

Illinois falls in between with 15 percent uninsured.

In a previously issued report, the IRC predicted a lsmaller number of uninsured motorists, citing ahistorically strong connection with the national unemployment rate. The strength of the relationship weakened slightly in light of more recent data.

Mandatory insurance law.

Even though Illinois requires all drivers to be insured, many are not.

Drivers allow their policies to lapse or drive into Illinois from other states resulting in uninsured drivers, explains Missy Lundberg, with State Farm Insurance Public Affairs in Downers Grove.

“If you are involved in an automobile accident, no matter how minor, always ask the other party for their insurance information,” Lundberg said.

“Jot down pertinent information if they do not have an insurance card with them such as name, address, phone number, make and model of the vehicle, and the license plate number. Ask them directly if they have insurance. Call the police and make a police report no matter how small the loss appears,” she said.

Drivers should also complete the Illinois Motorist Report provided by the police officer. This report is sent to the Illinois Department of Transportation and the accident is recorded.

If an accidents results in damages, property or bodily injury, IDOT will ask them to provide proof of insurance.

If the driver cannot prove insurance, post a bond or pay for the loss, IDOT can suspend a driver's license if the driver cannot prove that they have insurance, if they cannot post a bond or if they cannot pay for the loss.

Illinois Secretary of State’s office recommends that i you are hit by uninsured motorist and they are responsible for the accident, report the accident with an Illinois Crash Report and send it to IDOT:Illinois Department of Transportation Accident Report Office, 3215 Executive Park Drive, Springfield, IL 62766; (217) 782-4516.

The driver should indicate on the report that they were hit by an uninsured motorist and request that the case be certified to the Secretary of State for suspension under the Safety and Financial Responsibility Law.

The Secretary of State will certifiy the case and subsequently suspend the driver's license of the at-fault uninsured driver. The license plates of the vehicle involved in the accident will also be suspended. The suspension will remain in effect until restitution is made or until other requirements under the law.

Another option available to a victim of an uninsured motorist is to file a court judgment against the uninsured motorist. If the judgment remains unsatisfied for 30 days, the victim may submit it to the Secretary of State’s office for suspension.

Lundberg adds that “if a driver has collision, medical payments or uninsured motorist (insurance) coverage, these coverages will reimburse you for your property damage and injury claim …” The insured motorist’s company then will seek damages from the uninsured driver.

Drivers are in compliance with Illinois’ mandatory insurance law if they have vehicle liability insurance in these minimum amounts: $20,000 — injury or death of one person in an accident; $40,000 — injury or death of more than one person in an accident; and $15,000 — damage to property of another person.

Drivers always must carry an insurance card in their vehicle and show it upon request by any law enforcement officer.

Liability insurance is required for all motor vehicles requited to display license plates and that are being driven, including cars, vans, motorcycles, recreational vehicles, trucks and buses. Trailers are not required to have liability insurance.

Some vehicle classes — such as dealer, rental and tow trucks — require higher liability minimums and proof of insurance under other Illinois laws.

Also, some insurance companies do not sell insurance to vehicle owners who have been driving uninsured. If a driver is having problems buying insurance, they should ask an insurance agent about the Illinois Automobile Insurance Plan.

The Illinois Department of Insurance maintains a consumer services division that will answer any questions drivers might have about auto insurance. Write: Illinois Department of Insurance Consumer Services Division, 320 W. Washington St., 4th Floor, Springfield, IL 62767 or call: (217) 782-4515.

Unfortunately, after a car accident is when too many drivers realize that they do not know what type of coverage the insurance they have. The Illinois Department of Insurance (DOI) wants to remind drivers to look over their auto insurance polices.

"When a car accidents occurs, no one can better understand the feelings of trauma and confusion than those involved," said Jack Messmore, Acting Director, Illinois Department of Insurance. "The Department is encouraging consumers to review auto insurance policies in advance to better prepare for unexpected emergencies."

The DOI offers these tips to follow after being involved in an auto accident:

Be Prepared- The law requires that all automobiles be insured. Drivers should review their policies with their insurance agent regularly to make sure that they have suitable coverage, that they are aware of their deductibles and to know whether their insurance coverage provides towing and or car rental coverage.

Filing a claim- If a driver is involved in an auto accident, they have the responsbility of reporting the accident to their insurance carrier. The driver should have a copy of a police report and information about the other driver including contact information and insurance information.

The DOI suggests contacting their office with problems filing or settling an insurance claim. They can be reached at 217-782-4515 or through their web site at www.insurance.illinois.gov

In a study conducted by Transportation for America, concluded that between 2000 and 2009 over one thousand three hundred pedestrias died in accidents invovling moving vehicles in Chicago and it's neighboring suburbs

Their study found that most streets are not design for foot traffice making them dangerous to pedestrians.

Of the 1,659 pedestrians killed statewide in traffice-related accidents, approximately 165 were children.

There are several intersections the the Active Transportation Alliances describes as dangerous includnig Chicago Avenue and South Washington Stree in Naperville in addition to several intersections in Chicago including King and 79th streets and Ashland and 79th streets.

With the summer months comes an increase in pedestrian traffic both by Illinois citizens and tourists.

AAA is asking parents to pay more attention to traffic safety for their teens during summertime. .

Between Memorial Day and Labor Day, more teen drivers are killed in car accidents than any other time of the year with the 10 deadliest days for teens occurring during these months.

“Parents should not underestimate the critical role they play in keeping their teens safe, especially during these high-risk months,” said Brad Roeber, AAA Chicago regional president, in the press release. “Life feels more care-free when school’s out and teens have more opportunities to drive or ride in cars late at night with other teens – a deadly mix."

In the summer months 2005 and 2009, over 7,00 teen drivers and their passengers were killed car accidents. On average 422 teens are killed in traffic accidents during the summer compare to 363 during other times of the year.

AAA provides the tips below for parents with teen drivers:

Don't let your teens drive just drive. Make sure they have a purpose, a destination. Teen drivers are 3x's more likely to have a fatal accidents based on how many miles they driver. They have the highest risk during their first year of driving alone.

Become an effective driving coach: By supervising their teen drivers, parents can impart skills and experience. Even after your teen gets their license, parents should still practice with them.

Limit the number of teen passengers and time as a passenger: Most states have restrictions on the number of passengers new teen drivers can have in their cars. But if you're state does not, you need to limit the number of people in the car with your teen driver. Other kids in the car can be a huge distraction for a new driver, which can endanger their lives as well as the lives of their passengers.

Restrict night driving: New teen drivers need more practice with night time driving. Keep their night time driving to a minimum until they are able to accumulate more hours behind the wheel.

For drivers who believe bicyce riders in Chicago have an unlimited right of way and can break every traffic law on the books, police were out in force yesterday to suggest otherwise.

A sting was conducted at a single ntersection near downtown for 2 hours during the mornign rush hour. But the intersection that was chosen is a busy one with bicycling commuters, widespread disregard for red lights, and plenty of collisions and near misses, authorities said.

Some 240 warnings and one ticket were issued by the end of the law enforcement and education operation, which was aimed at bicyclists pedaling through red lights and taking over crosswalks meant for pedestrians only, officials said. It was carried out by the Chicago Police Department, the Chicago Department of Transportation and the City of Chicago’s Bicycling Ambassadors program in what officials dubbed a “share the road” campaign.

“We want to let cyclists know that they are not only putting themselves at risk, but also endangering pedestrians in crosswalks and drivers who have to come to a screeching halt for bicyclists going through red lights,’’ said Carlin Thomas, share the road coordinator for the CDOT bicycle program.

Continue reading "Chicago authorities crack down on bicyclists who don't follw the rulee of the road" »

The Safe Teen and Novice Driver Uniform Protection Act (STANDUP) sets driving laws nationwide for all new teenage drivers. According to sponsors of the act, the standardized laws across the US are shown to save lives and money.

According to Jackie Gillian, vice president of Advocates of Highway and Auto Safety, in the past 5 years, over 40,00 teens were killed in motor vehicle accidents and thousands more suffered from debilitating injuries. The cost of these crashes is over $30 billiion dollars.

STANDUP will require all states to comply with the standardization in order to received federal funds and grants for highway construction. State's that do not comply will lose their funding which will be given to states that do.

The regulations included in the Act would limit the amount of nighttime driving, would ban cell phones unless an emergency happens and would limit the number of teens as passengers in a car. A teen driver would not be able to receive an unrestricted driver's license until they turn 18. In Illinois, teen driver would not be able to obtain a learner's permit until they turn 16.

Dr. Kyran Quinlan a member of the American Academy of Pediatrics' Committee on Injury, Violence and Poison Prevent believes that passing the STANDUP Act. "Teen driving crashes are the leading cause of death for your adutls and represent a public health crisis. But we already have a proven treatment for this epidemic that would prevent thousands of deaths and injuries every year: passing the STANDUP Act will assure that every new driver, no matter where he or she lives, will have the same training, the same laws and the same protection. This bill will save lives."

Gloria and Chuck Wilhelm were in downtown Chicago celebrating their 35th wedding anniversary when they received a call that every parent hopes nevers comes.

"It was a beautiful fall day and we were downtown Chicago celebrating when we got a call from a hopsital in Urbana saying you need to come immediately,' recalled Gloria Wilhelm.

Their son Matt, 25, a recent graduate of the mechanical engineering program at the University of Illinois, was on his bike when he was struck and killed by a teenage driver. She was downloading ringtones on her cell phone.

Since the accident in September of 2006, the Wilhelms campaigned and eventually saw the passage of Illinois Matt's law which bans texting while driving, as well as, banning the use of cell phones by drivers in school and constructions.

Continue reading "Nearly 25% of all car crashes involve cell phone use" »

State inspectors are keeping the Go Bananas amusement park in Norridge, IL closed while their death investigation continues.

On Saturday, 3 year old Jayson Dansby was ridiing the Python Pit roller coaster with his twin when he was able to free himself and slip under the safety bar. The both fell to the ground and suffered head injuries.

Authorities believe he met the ride's size requirments.

Illinois regulators have records of two other injuries from the ride. A child was injured in 2006 when she hit her eye walking from the rid. Another child was injured when they bumped their head after the ride abruptly stopped. Niether injury was life threatening.

In a second incident in 2008, a young girl broke her wrist on the ride.

The Illinois Department of Labor regulates amusement parks and rides. They had no record of the previous injuries.

Illinois recently toughened up traffic laws to create a safey buffer for bicycle riders who share streets with cars. However, officials in the transportation department are rejecting the pleas from cycling advocates to keep track of the most common vehicle-bike accident, when a cyclist gets hit by a door that is flung open in the path of a cyclist, also known as "dooring."

Even though this type of accident can cause serious injuries, the IDOT doesn't consider it a moving accident.

Kim Nishimoto, who lost her soon in a "dooring" accident, considers IDOT's decision a mistake and a disgrace. On June 9, 2008. her son. Clinton Miceli, was biking on North LaSalle Street in Chicago, when a driver of an SUV opened their door in Miceli's path. He swerved to avoid hitting the door and fell off his bike into traffic. According to police he was run over by a passing vehicle.

"I had a son who had just graduated from the University of Illinois and was a brilliant graphic artist, and his death doesn't count for anything, according to the state of Illinois," Nishimoto said. "That's just not appropriate. It's an insult."

A Chicago group called the Active Transportation Alliance which concentrates on making streets safer for pedestrians, bicyclists and motorists, will begin a campaign to make the public aware about dooring accidents. They consider this type of accident to be the most preventable for city cyclists.

In a recent survey of its members, more than 50% revealed that they had been in a "dooring" accident as least once according to Ethan Spotts, spokesperson for the Alliance.
However with solid statistics, it is difficult to prove that dooring is a problem and or apply for federal and state funds to help their awarenes campaign.

Over 75 dooring accidents were reported to Chicago police in 2010 and just over 60 in 2009.

But their are no state-wide totals available according to IDOT officials.