Archive for December, 2011

Cash Incentives for Reporting Holiday Drunk Drivers

Thursday, December 29th, 2011

As our Chicago auto accident attorneys have previously written about the dangers of drunk drivers on New Year’s Eve. A variety of services, both free and paid, have sprung up to help drivers who have had “one too many” – or more – get home (often also arranging to drive the drunk customer’s car home, as well). Now, program actually seeks to financially reward those who report drunk drivers statewide, if their report leads to an arrest.

The program is sponsored by The Alliance Against Intoxicated Motorists, and is known as the “drunkbusters” program. The program will provide a $100 reward to those who call in to report a drunk driver anytime through the New Year’s holiday weekend, provided an arrest is made.

The drunkbusters program itself is not new: it has been in operation since 1990. In the years since its founding, it has led to over 4,000 drunk driving arrests, and has paid out more than $418,000 to tipsters. In the past year alone, the program was responsible for 340 DUI arrests and paid out $34,000 in rewards. The funds come from DUI court fines.

Generally, however, the program extends only to certain areas: Dupage, Kane, McHenry, Lake, and Will Counties. Through New Year’s, however, the program is running statewide.

To participate in the program, those who witness drunk driving need only call the police. They should be prepared to report the driving behavior they are seeing, the appearance of the vehicle, and the location where they saw it. They can follow up with police later to see if an arrest was made. If so, they are eligible for the $100.

This program, in combination with the stepped-up enforcement of DUI laws over the holiday weekend, is geared to reducing the inevitable drunk driving accidents associated with the New Year’s holiday. Law enforcement agencies throughout the Chicago area and the state are increasing patrols and setting up extra checkpoints to catch drunk drivers.

In fact, Kane County is using its strict “no refusal” operations this holiday weekend, with prosecutors and judges standing by to issue warrants for blood tests of drivers who refuse a breath test.

We hope that these factors will successfully reduce drunk driving this holiday. We know, however, that not all drunk drivers will be deterred, and that some of those drivers will harm, and kill, others on our local roads. Our Chicago accident attorneys, therefore, are standing by to help victims and their families to put their lives back together, and to seek justice.

If you have any questions about a serious accident involving a drunk driver, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Chicago Working to Curb Dangerous Cabbies

Wednesday, December 14th, 2011

We have previously written about serious taxi cab accidents and the Chicago cab drivers whose tickets and citations disappear, over and over again. Now, at long last, it appears that action is being taken to correct this dangerous problem.

This week, Rahm Emanuael, Chicago’s mayor, announced that the city is taking steps to tackle the problem of dangerous cab drivers head-on. Mayor Emanuel’s cab driver reforms include a system for the real-time monitoring of when cab drivers receive traffic tickets.

City workers will now make a regular practice of monitoring the moving violations database kept by the Illinois Secretary of State. Thus, the city will be able to act immediately to remove a dangerous cab driver from the road, rather than waiting until the driver’s annual license renewal date comes around.
This will also permit the city to know immediately when these tickets are issued – even if they are later thrown out in court. As our top Chicago automobile accident attorneys have previously noted, cab driver tickets are thrown out at rates far higher than those of regular drivers. This is largely because cab drivers contest their tickets in court at far higher rates, and the police officers who wrote the tickets are tasked to more crucial duties and hearings – leaving Chicago judges with no testimony on the moving violation, and often no choice but to throw out the tickets.

This reform will be paired will another measure: a cooperative effort of city workers and the Chicago Police Department aimed at adding more moving violations to the city’s “watch list” – infractions that will be monitored in the database.

The mayor’s reforms also include placing limits on the number of hours which cab drivers may work each day. Driver hours will now cap out at 12 driving hours within a 24-hour period. City cab drivers will be required to install CPS and taximeter devices which will allow the city to audit cab companies and ensure that this limit is being observed.

Companies whose drivers violate the rules will face fines up to $5000. Drivers will also be required to participate in behind-the-wheel training in order to keep and maintain a Chicago cab license.

In announcing the reforms, mayor Emanuel emphasized that the city’s goal in increasing safety on Chicago streets. He also candidly admitted that the city has fallen down on the job of mandating cab driver safety in the past.

The city’s reforms also touch on cab-related issues not directly tied to safety. These include new standards for fuel efficiency in all Chicago cabs. The collection of reforms aims to “change that whole experience” of riding in a Chicago cab.

Our top Chicago personal injury attorneys are pleased to see the city taking aggressive action to stop dangerous cab drivers. We would have liked, however, to see the city taking even more aggressive action. We hope that these reforms are a first step in the journey towards safer Chicago cabs, and safer Chicago roads.

If you have any questions about a serious accident involving a taxi cab, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

When Trucking Companies Ignore the Law

Sunday, December 4th, 2011

DOT FMCSA When Trucking Companies Ignore the LawThe trucking industry in the United States is subject to an increasing network of laws and regulations designed to protect the safety of others on the roads. The Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (DOT) have created a system which, while not perfect, greatly enhances safety.  Maintenance and safety features for the vehicles, hours-of-service limits for drivers, weight and size limits for loads, and other rules all work together to protect the public.

Many drivers thus assume that trucks are largely safe, and that the companies and drivers and companies are largely following these rules and regulations. The unfortunate truth, however, is that trucking companies and drivers sometimes ignore these safety rules.

The result is unnecessary deaths and ruined lives. The experienced car accident attorneys of Passen Law Group know that overtired drivers and poorly maintained vehicles – all violations of federal law – contribute to the thousands of deaths and permanent injury each year on American roads.

Often, these violations lead to fines, suspensions, and other penalties under federal and state law.

But occasionally, a company goes so far past non-compliance that the FMCSA is driven to drastic action.

Earlier this month, the FMCSA completely shut down Gunthers Transport, LLC., a Maryland-based trucking company. The agency conducted a full review of the company’s operations. The review uncovered an ongoing pattern of violations, including both vehicle maintenance violations and hours-of-service violations.

These violations included permitting drivers to exceed the federal limit of 11 hours per day of driving, and encouraged drivers to falsify their hours-of-service records to reflect service hours within the legal limit. The company also permitted drivers to skip legally-required pre-trip safety checks for their vehicles – a risk compounded by the fact that the company operated many vehicles in extremely poor condition. The FMCSA concluded that these violations substantially increased the likelihood of serious public injuries or deaths.

As a result, the FMCSA declared the company an imminent hazard to public safety, and issued a hazard out-of-service order.

In announcing the order, Ray LaHood, U.S. Secretary of Transportation, emphasized the Department’s commitment to safety, adding that “Commercial truck companies that recklessly disregard federal safety regulations will be shut down and removed from our roadways.”

Our top trucking accident attorneys are pleased to see federal regulators taking decisive action to correct a dangerous situation.

If you or a loved one have been seriously injured in an accident involving a commercial truck, talk to an experienced trucking attorney. Our lawyers are familiar with the federal requirements, and can help you to determine whether your accident should have been prevented by compliance with those laws.

If you have any questions about a serious trucking accident, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

Secondary Victims of Train Accidents

Friday, December 2nd, 2011

train derailment Secondary Victims of Train AccidentsWhen most people think of train accidents, and their victims, they think of passengers and employees aboard the train, and pedestrians or motorists struck by moving trains. But there can be many other victims, as well – the ones that most people generally don’t think of. These can include surrounding landowners, residents, and others who happen to be located near the train at the time of the accident.

Last month’s catastrophic train derailment in Western Illinois is the perfect example. A freight train derailed near Ottawa – an already dangerous and potentially deadly occurrence. The train, which was 131 cars long, lost 26 of its cars in the derailment, a massive train crash by any standard.

But this time, the train which derailed was carrying ethanol in large quantities for Archer Daniels Midland, a corn processor based in Decatur (as well as other chemicals and materials). So, when the derailment occurred, several portions of the train exploded, and others caught on fire. At least six of the seven to nine ethanol-carrying tanker cars burned their entire store of ethanol.

The resulting disaster created massive orange flames and smoke plumes visible for miles around. The sounds of the explosions were also heard miles away. In fact, the situation was so dangerous that an entire town was evacuated as a result. Tiskilwa, a small town of 800 residents located 100 miles to the West of Chicago, was under a mandatory evacuation order, with residents relocated to a local high school.

Although the fire was contained, and those in the town escaped initial injuries, the situation could have ended far worse. In fact, some Tiskilwa residents lived within 500 feet of the derailment. The town and its residents – as well as the employees onboard the train – were lucky to escape from this train accident without serious injuries or deaths.

There is also the environmental impact of the accident to consider. Although the investigations are not complete, the Illinois Environmental Protection Agency was at work to ensure that none of the chemicals spilled in the explosion made their way into local waterways or groundwater. If they did, the potential injuries from and costs of the derailment, both monetary and human, will skyrocket.

Nothing is yet known about the cause of the accident, and initial investigations were hampered by the results of the fire. But train derailments are often caused by negligent maintenance or inspection of the train, negligent assembly of the disparate train cars, or unsafe speeds and inadequate braking.

If you have any questions about a train injury claim, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.