Chicago Personal Injury Lawyer Blog

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?" »

The holidays are a wonderful way to spend time with friends and family. As the holiday season approaches, it is important to remember that we must all celebrate responsibly when it comes to drinking and driving. As a personal injury lawyer who has prosecuted drunk driving cases, I am all too familiar with the risks associated with drinking and driving.

Auto accidents are a leading cause of wrongful death and serious injury in the US. The addition of alcohol increases these risks exponentially. Almost one-third of all traffic-related deaths in the US involve at least one person impaired by alcohol. In fact, one person is injured in an alcohol-related accident every minute.

Many believe drunk driving will never impact their lives. However, one in three people will be involved in an alcohol-related crash at one point in their life. For those lucky enough to avoid being a direct victim, nearly everyone will have a friend or family member who will be injured or killed in an alcohol-related accident.

Refusing to get behind the wheel while intoxicated dramatically reduces the risk of getting into an auto accident. However, even responsible people can, of course, still become a victim of drunk driving. There are many people who regularly drink and drive. In fact, a drunk driver will drive intoxicated about 80 times before their first arrest. Perhaps equally alarming, 50 to 75 percent of convicted drunk drivers continue driving on a suspended license.

Continue reading "Drunk Driving Around The Holidays: Don't Become A Statistic" »

Car accidents and other motor vehicle accidents are a leading cause of personal injury and wrongful death in the US. When motor vehicle accidents involve large vehicles such as a bus or truck, the risk of serious injury or death only increases. According to a recent report by the National Transportation Safety Board (or NTSB), the rate of fatal bus accidents is seven times higher for curbside buses than other bus operators. As a Chicago personal injury lawyer, this report reveals a serious danger among curbside bus operators that must be corrected.

There are 360 million bus passengers every year. Most bus operators pick up passengers at traditional, designated bus stops. In contrast, curbside bus operators pick up passengers from street corners, parking lots, and in front of retail stores.
Curbside bus operators have become increasingly popular based, in part, on their cheap fares. However, as with many things in life, cheaper is not always better--particularly when it comes to safety. More than half of curbside bus operator companies have been in business for ten years or less. Most curbside bus companies have 10 buses or less in their fleet. Thus, curbside bus companies are usually less experienced compared to traditional bus operators. According to the NTSB report, new bus companies were more likely to have higher accident rates and roadside inspection violations. Most alarming, the rate of fatal accidents for curbside bus accidents is seven times higher compared to conventional bus operators.

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Car accidents are a leading cause of death and personal injury in the US. Most of these accidents involve two or more vehicles. Among the worst types of accidents involving a vehicle is when the vehicle strikes a pedestrian. Last night, a six year- old girl was killed and another was injured when a car hit the girls while they were crossing the street on Chicago's South Side. As a Chicago personal injury lawyer, I am sickened when I hear these types of stories.

A "pedestrian knockdown case" is often a potentially deadly accident. It occurs when a person is on foot when hit (or knocked down) by a vehicle. A critical issue in most of these cases is whether the pedestrian was within a crosswalk at the time of the accident. A second important issue is whether the pedestrian had a red light or do not walk sign when they were injured. In general, pedestrians have the right-of- way in Illinois unless they have a red light or do not walk sign. In many instances, the driver claims he or she had the right away and the pedestrian did not and/or was outside of the crosswalk at the time of the accident. Consequently, these cases are often hotly contested.

Continue reading "6 Year Old Chicago Girl Dies When Hit By Car In Crosswalk" »

This past weekend, racecar driver Dan Weldon died during a race at the Las Vegas Motorspeedway. The British driver and two-time Indy 500 winner died when he hit a car that had spun in front of him, launching his car high into the air and into a fence. The thirty-three year old left behind a wife and two children. As a Chicago personal injury lawyer and amateur racecar driver, I am distinctly affected by Weldon's death.

Ten years ago, NASCAR legend Dale Earnhardt died in a crash when his car hit a wall at the Daytona International Speedway. Earnhardt's death brought a number of important safety improvements to racing. These improvements include mandatory head-and-neck restraint systems, energy absorbing SAFER barriers at all oval tracks, and safer racecars. As with Earnhardt's death, I hope Weldon's death will also spur significant safety improvements.

Ironically, Weldon was a key figure in testing a new Indy car designed to improve safety on the track next season. One of the key safety features Weldon and others were testing was a bodywork covering the rear wheels that would prevent cars from launching into the air as Weldon's car did in Las Vega on Sunday. In fact, there are several factors that may have caused or contributed to Weldon's death. The purpose of this article, however, is not assign blame. Instead, I wish to focus on what factors seemed to have caused or contributed Weldon's death and what safety measures should be considered to avoid similar tragedies in the future.

Continue reading "Will Safety Improve After Racecar Driver Dan Weldon's Death?" »