Chicago Personal Injury Lawyer Blog

Last month, Dallas Cowboy's defense lineman, Josh Brent, was charged with intoxication manslaughter after he crashed his car, killing his teammate Jerry Brown. As with many drunk driving fatalities, Brent had a history of driving while intoxicated. If Brent was legally intoxicated at the time of this crash, Brent may also face a hefty civil personal injury lawsuit from Brown's family for both compensatory and punitive damages.

According to police, Brent was driving his Mercedes Benz at a high rate of speed during the early morning hours of December 8, 2012 when he hit a curb and flipped the car. His passenger and teammate, Jerry Brown, was found unresponsive at the scene. He was pronounced dead later that morning in the hospital.

At the crash scene, Brent was given a sobriety test--which he failed. Brent has a history of drunk driving dating back to his years at the University of Illinois. In 2009, Brent was arrested near campus for DUI. After pleading guilty, Brent was sentenced to 60 days in jail and two years of probation. If convicted for this latest offense, Brown will face between two and twenty years in prison, along with a maximum $10,000 fine.

Continue reading "Dallas Cowboy Charged With Intoxication Manslaughter After Deadly Crash" »

Although Toyota continues to deny any defect in connection with the unintended acceleration lawsuits filed against them, the company has recently agreed to settle a portion of its claims for over $1 billion. The settlement represents the largest in US history involving an alleged automobile defect. This settlement does not apply to individuals who suffered personal injury or the families of those who died in connection with crashes due to alleged unintended acceleration. Instead, the settlement applies to certain current and former Toyota owners who saw the value of the vehicles diminish because of recalls involving alleged unintended acceleration defects in their vehicles. More information on the Toyota settlement, including those who may be entitled to compensation, can be found at: http://www.toyotaelsettlement.com/.

Sudden unintended acceleration occurs when there is an unexpected and uncontrolled acceleration of a vehicle. In some instances, the unintended acceleration is accompanied by a loss of effective braking. Sudden unintended acceleration is not a recent problem, nor is it unique to Toyota vehicles. Crashes causing serious injuries and deaths have been blamed on various alleged defects involving unintended acceleration. The most common causes attributed to unintended acceleration include electrical failures, mechanical failures, and pedal misapplication. The first two problems are commonly blamed on vehicle defects; the latter is associated with driver error. In 2009 and 2010, Toyota recalled over 14 million of its vehicles manufactured between 2007 and 2011 because of concerns related unintended acceleration problems and/or brake defects.

Before Toyota's largest and most publicized recall in January 2010, over twenty deaths were blamed on an alleged defect with certain Toyota defects. There is considerable dispute over whether the any crashes from a pedal problem are due to an electrical problem, a pedal entrapment problem from floor mats, driver error, or other cause. In most if not all personal injury and wrongful death lawsuits filed against Toyota involving unintended acceleration, Toyota blames the crash on driver error.

Continue reading "Toyota Settles Unintended Acceleration Non-Injury Lawsuits For Over $1 Billion" »

One of the most dangerous things a driver can do is stare at their cell phone rather than the road ahead. As confirmed by a recent State Farm Insurance survey, the biggest offenders are young drivers--those who ages 18-29. Indeed, 68% of young drivers admit to texting or emailing while driving. Likewise, 48% of young drivers surf the internet while driving. As a personal injury lawyer that has handled many serious auto accidents involving distracted driving, none of these statistics are surprising.

Of course, older adults are not immune to texting or emailing while driving either. According to State Farm's survey, 34% of older drivers admit to texting while driving. That is up 2% from last year. Despite all the campaigns against texting while driving, the rate of texting while driving continues to rise every year--as do deaths and injuries from crashes related to texting while driving.

Drivers who text, email, or surf the internet while driving put their lives and the lives of others on the road at risk. Indeed, distracted driving is the most common culprit of all auto accidents. According to the Department of Transportation, over 3,000 people were killed in 2010 from distracted driving related crashes. That same year, 416,000 people were injured in crashes involving distracted driving. Perhaps most telling of all, 18% of all crashes in 2010 involved a distracted driver.

Continue reading "Reducing Deadly Cell Phone Related Auto Accidents: A Three-Pronged Approach" »

We have all read about the dangers of drunk driving and, more recently, texting while driving. Both activities impair a driver's ability to quickly recognize and react to dangers ahead of them. According to a recent study, drowsy driving is also a highly dangers activity that can lead to serious, if not deadly, car accidents.

This month, the California Highway Patrol (or CHP) has launched a week long campaign designed to alert drivers to the dangers of driving while tired. In a study conducted by the National Highway Institute, driving while sleepy may be just as dangerous as drunk driving. Researchers found that 17 hours of being awake is equivalent to a .05 blood alcohol reading. In many states like Illinois, a driver is legally intoxicated if their blood alcohol level is .08 or higher.

Continue reading "Recent Study Highlights Dangers Of Drowsy Driving " »

Every school day, over 22 million children will ride a school bus. Every day, the parents of these children are asked to trust that the school bus driver will perform their job safely and professionally. The last thing parents should have to worry about is whether the bus driver is drunk. However, after three different school bus drivers in Long Island, New York were arrested for driving under the influence in just one month, many parents are now wondering how safe is their child's school bus driver? In the latest DUI arrest, the school bus driver crashed into a tree while the bus was loaded with seventh grade children, injuring a little girl.

Approximately 150 people die every year from auto accidents involving school buses. Of school bus accident deaths, 80% involve occupants of the bus or another vehicle while 20% involve pedestrians. Half of all school age pedestrians run down by a school bus were between the ages of 5 and 7.

Continue reading "1 Month In One City, 3 School Bus Drivers Arrested For DUI After Crashing Their Bus" »

"Do as I say, not as I do." How many parents have said a version of this to their children? The fact is children do adopt the habits of their parents, both good and bad. According to a recent study, this principle applies to teen drivers as well.

Auto accidents are the leading cause of death for teenagers according to the Centers for Disease Control and Prevention. Out of more than 1,700 teens surveyed, most admit to making poor decision while drive. To what extent do parents driving habits influence the habits of their teen children? According to the study conducted by Liberty Mutual Insurance and Students Against Destructive Decision, teens who engage in dangerous driving most likely learned their bad habits by watching how their parents drive.

Continue reading "Are Parents At Fault For Bad Teen Drivers?" »

Last month, a 100 year-old man backed his car out of his driveway and into a group of children outside an elementary school. In the process, he injured nine kids--four of whom were listed in critical condition. The elderly driver did not accept responsibility and, instead, claimed his brakes malfunctioned.

This case raises the sensitive but important topic of driver age limits. Is there a certain age by which a driver should no longer be allowed to drive? Alternatively, is setting an arbitrary age limit unfair and, if so, how do we protect society from elderly drivers who can no longer drive safely?

Older drivers are considered among the safest drivers on the road--until they approach age 75. Statistically, once a driver becomes older than 75, they are just as likely to be involved in an auto accident as a teenager. The most common violations cited to drivers over 75 include failing to obey traffic signals, failing to yield the right away, unsafe turns, and unsafe lane changes.

Continue reading "100 Year-Old-Man Backs Car Into Group Of Children: Is 100 Too Old To Drive?" »

Auto accidents are the leading cause of death and serious personal injury for Americans. Where you live may play a significant role how likely you will be involved in a car accident. Allstate Insurance has recently filed their report on where the best and worst drivers in the US live. According to the report, the safest drivers live in Sioux Falls, South Dakota. Where do the worst drivers reside? Allstate says they live in Washington, D.C. In fact, residents of our nation's capital were determined to get into a car accident, on average, once every 4.7 years. That is 112.1 percent higher than the national average.

In attempting to determine where the best and worst drivers live, Allstate looked at the likelihood of a collision compared to the national average and how many years the average driver goes between collisions. Of course, Allstate's report is based only on Allstate drivers. However, Allstate is the second largest personal line insurance carrier in the US only behind State Farm, providing a very large sample from which to measure driver safety.

Continue reading "Where Do The Best & Worst Drivers In America Live?" »

People who text and drive know this dangerous. They know it increases the risk of an auto accident. Twenty-one year Chance Boothe of Texas can prove this point as well as anyone. Last January, Boothe remembers the last time he texted while driving. In his last text, he wrote "this is dumb. If we keep doing this I'm going to wreck my truck, going to get in a crash." Just then he crashed. Boothe's truck plummeted into a ravine before landing in a creek. The engine of his puck ended up in his lap, while the roof crumpled onto his head.

Miraculously, Boothe survived his texting while driving crash. However, it was not without suffering serious personal injury. Booth sustained a fractured sternum, neck, and brain damage. He underwent six months of rehabilitation before he was finally discharged.

Continue reading "Teen Nearly Dies In Texting & Driving Crash While Texting He Might Crash" »

Purchasing a new vehicle is one of the most important decisions a consumer can make. There are many factors people use in deciding which car to purchase, including price, seating capacity, and appearance. However, as a personal injury lawyer that has handled many serious auto accident cases, I suggest vehicle safety should be the number one consideration used in purchasing a new vehicle. For those interested in automobile safety, this article discusses the safest 2012 cars that can be purchased based on information obtained from the Insurance Institute for Highway Safety and Forbes Magazine, along with the latest safety features equipped in many new vehicles. Fortunately, the safest cars are not necessarily the most expensive, as there are many vehicles under $30,000 that meet the highest safety standards.
According to the U.S. Department of Transportation, 32,885 people died in auto accidents in 2010. Although 30,000 plus deaths is a lot, this statistic represents a drop of 2.9 percent from 2009 fatalities. Improved automobile safety or crash worthiness is a major reason for this drop. Nonetheless, automobile related fatalities continue to be the leading cause of death for individuals between the ages of three and 34. According to the Centers for Disease Control and Prevention, the costs of medical care and productivity lost from vehicle crashes resulting in personal injury or death is [over $99 billion.]
There are many ways to avoid a fatal auto accidents--some of which are reasonable and while others are not. Selecting a safe vehicle is one way. Indeed, a recent Consumer Reports survey revealed that 65% of respondents said vehicle safety was their top priority among all purchase considerations. For women, the number was 74%.

Continue reading "The Safest 2012 Vehicles You Can Buy And Why You Should Consider Them" »

As we have all heard by now, this country has a serious problem with auto accidents caused by distracted driving. According to the National Highway Transportation Safety Administration, 80% of all auto accidents involve some form of distracted driving. The main reason most drivers become distracted these days is because they cannot put down their cell phone. Just recently, the NHTSA issued report on actual or near car accidents involving drivers on cell phones. Based on the report, young drivers had the highest level of cell-phone involved car accidents or near car accident incidents than any age group. Of drivers aged 18 to 20 who were involved in an auto accident, 13% admitted they were using their cell phone at the time of the crash. As a Chicago personal injury lawyer experienced in prosecuting auto accidents involving distraction, the NHTSA's report is certainly troubling--but hardly surprising.

Just recently, I was driving my own children home from soccer. In front of me was a twenty-something stopped at a green light. After five seconds, I tapped my horn and she sped off. Two blocks later, we came to a stop again. As I looked at her through her rear view mirror, I saw her head quickly tilt down and not move for at least twenty seconds. When the light turned green, traffic in front of her moved. She didn't. Once again, I honked my horn. Her head popped up and she hit the gas--but not without glaring at me from her rear view mirror. Apparently, I had distracted her from an important text or email. As we traveled another few blocks, I saw her head tilt down again but, this time, she was not stopped. She was driving down the road, with traffic in front of her, in a residential neighborhood. A half block later, cars in front of her slowed down. She didn't. I immediately honked my horn again, hoping to distract her attention to the road. Fortunately, it worked--but just barely. She slammed on her brakes and just missed hitting the mini van in front of her. Having just experienced a near miss collision, you would think she learned her lesson, right? Nope. She tilted her head back down and returned to her cell phone.

Continue reading "Cell Phone Related Auto Accidents A Growing Epidemic " »

Last month, Goodyear Tire recalled about 41,000 Wrangler Silent Armor tires made in 2009 based on concerns some could tear and lead to auto accidents. The recall comes on the heels of a fatal roll over crash in Texas involving a vehicle equipped with the tires. According to a Goodyear spokesman, there are approximately 27,000 of these tires still in service on various pickup trucks, vans and SUVs. In a letter to the National Highway Traffic Safety Administration, Goodyear said during severe weather a small number of its Wrangler SA could experience tread separation and cause vehicle damage or a vehicle crash.

Goodyear and other tire manufacturers have faced hefty lawsuits involving serious personal injury and wrongful death for allegedly defective tires. In 2004, four people were killed in a Utah auto accident equipped with Goodyear tires. The surviving family members filed a wrongful death, product liability lawsuit alleging the deadly crash was caused by a Goodyear tire that blew out, resulting in the family van overturning on the highway. Last year, the Nevada Supreme upheld a $32.2 million dollar verdict for the family and against Goodyear.

Continue reading "Goodyear Recalls Wrangler SA Tires That May Cause Auto Accidents" »

After watching the Super Bowl, Jason Wepsiec left his home in Sauk Village to see his fiancé in Plainfield. What Wepsiec and his fiancé did not know is that he would be killed in a car accident later that morning by an alleged drunk driver. Wepsiec was traveling down I-80 outside of Chicago when the operator of an Infinity, traveling the wrong direction, crashed into Wepsiec. At age 34, Wepsiec was killed along with three of the four people in the Infinity including the driver.

According to police, the driver of the Infinity, Gustavo Vargas, was traveling down I-294 when he inadvertently turned onto westbound I-80. Rather then wait until the next exit, Vargas decided to make a U-turn on I-80 heading east in the westbound lanes to get back to the northbound Tri-State expressway. As a result of the head on collision, the Infinity exploded into flames. Both vehicles involved in this horrific car accident are nearly unrecognizable. The impact was so severe that the frontend damage to Wepsiec's Ford Escort extended to the back seat.

Continue reading "Fatal Chicago Area Car Accident By Drunk Driver Traveling Wrong Way" »

Early this month, the National Transportation Safety Board (or NTSB) recommended a full ban on the use of cell phones while driving. The proposed ban also includes any other texting devices while driving. Emergency situations are exempt from the ban. According to the NTSB, a complete ban on cell phone use by drivers, including hands free devices, is necessary to combat the growing dangers of auto accidents caused by distracted driving.

Personal injury lawyers like myself have long recognized that distracted driving is a leading cause of car accidents and other motor vehicle collisions. When a driver is distracted while driving, the risk of collision increases dramatically. This happens because the driver's attention is focused on something other than their most important task--driving their vehicle. As a result, something happens in front of the distracted driver that they do not perceive quickly, if at all, resulting in, at best, a delayed reaction to approaching danger.

Nearly everyone agrees that distracted driving is dangerous and can cause serious injury or death. Nearly everyone agrees texting, reading email, and dialing a phone number all examples of distracted driving. However, nearly every driver has guilty of this practice. All too often, the lesson of distracted driving is only realized when a serious accident occurs.

Continue reading "NTSB Wants Full Cell Phone Ban On Drivers To Reduce Car Accidents" »

In March 2012, Pennsylvania will become the 35th state to prohibit texting while driving. People who violate the law will be subject to a $50 fine. In contrast, the fine for drunk driving in Pennsylvania is $300. Among those states to ban texting while driving, the fines for drunk driving are all considerably stiffer than those for texting while driving. As a personal injury lawyer, I never understood this reasoning. After all, texting while driving is often far more dangerous than drunk driving.

In 2009, Car Driver magazine's editor, Eddie Alterman, did an experiment comparing the dangers of drunk driving to the dangers of texting while driving. While at a dessert airstrip, the experiment measured reaction times using a light mounted on a windshield for a driver who is intoxicated compared to when the same driver is texting while driving. When the light illuminates on the windshield, the driver is required to hit the brakes. While legally intoxicated, the driver's stopping distance from 70 MPH was reduced by 4 feet compared to when he was sober. While texting and driving, the same driver's stopping distance was reduced by 70 feet compared to when he was sober.

Texting while driving, reading an email while driving, and other distractions while driving are incredibly dangerous. In each situation, the driver's eyes are focused down at their cell phone. With a drunk driver, they are at least looking at the road. If a driver suddenly slams on their brakes, the driver who is looking down at their cell phone has no chance.

The fundamental danger behind texting while driving is that it distracts the driver from focusing on the road. According to the National Highway Traffic Safety Administration, over 15% of fatal auto accidents are caused by distracted driving. The number of injuries in auto accidents from distracted driving is 20%.

Continue reading "Is Texting While Driving More Dangerous Than Drunk Driving?" »