Archive for the ‘Car Accident Law’ Category

Irresponsible Criticism of Distracted-Driving Legislation

Monday, April 23rd, 2012

The experienced Chicago automobile accident attorneys of Passen Law Group have frequently written about the dangers of distracted driving, including the use of handheld cellphones, and even hands-free cellphones, while driving. Indeed, studies have shown that using these devices create a greatly-increased risk of an accident: even as high as a risk equivalent to the risk of driving while drunk.
Now, at last, state and local legislators have taken notice. A partial ban has been in place in Chicago for some time, but local and suburban communities are gradually passing their own laws and ordinances prohibiting cellphone use while driving.

Statewide, a bill is pending in Springfield which would prohibit handheld cellphone use while driving anywhere in Illinois. Currently, handheld phone use is banned only in school zones, construction zones, and by drivers 18 and younger. Many local ordinances are stricter: an ordinance under consideration in Evanston, for example, would ban any type of cellphone use – even hands-free – while driving.

Our experienced distracted driving lawyers support both measures, and applaud the lawmakers supporting them. Yet the Chicago Tribune, which has previously provided supportive, responsible analysis of the distracted-driving problem, inexplicably came out last week with an article claiming that there was “no conclusive data” that cellphone use has any impact on driving safety.

The Tribune acknowledges the multiple studies finding greatly increased risk of an accident for cellphone users: a 1997 study out of Toronto, Canada, a 2005 study from the British Medical Journal, a 2006 study out of the University of Utah. The Tribune even acknowledges the unsurprising fact that in states with existing bans, there has been a marked decrease in accidents caused by cellphone use.
The Tribune’s reason for questioning the use of cellphone legislation is a recent study from the University of Chicago, which looked at accident rates both before and after 9 p.m. – when a cellphone discount goes into effect, and call volume spikes. Because the accident rate did not also spike after 9 p.m., the researchers concluded that cellphone use has no effect on safety. What the Tribune did not acknowledge, however, is that far fewer drivers are on the road at this hour – which leads to a reduced risk of auto accidents not only because there are fewer cellphone accidents on the road, but also because traffic around those distracted drivers is lighter.

In fact, the Tribune even criticizes the 2006 University of Utah study by noting that the study found that switching to a hands-free device did “little” to improve driver safety. Distracted-driving experts, however, have long noted that this is because the use of a hands-free device can be almost equally distracting, albeit in a different way – a fact that the Tribune acknowledges in a separate section of the same article.

Our top distracted driving attorneys urge the Tribune to reconsider its dangerous position on this important legislation. If anything, the statewide ban does not go far enough, as it allows hands-free cellphone use to continue. The power and influence of the Tribune, properly applied, could go far in putting this important legislation into place.

For a free consultation with an experienced Chicago auto accident lawyer at Passen Law Group, call us at (312) 527-4500.

share save 171 16 Irresponsible Criticism of Distracted Driving Legislation

Distracted Commercial Drivers Not Limited to Trucks

Monday, February 27th, 2012

The top truck accident attorneys of Passen Law Group have often written on the dangers of distracted driving. Distracted driving is a danger not only in casual, everyday drivers, but in commercial drivers, as well.

Truck drivers can cause distracted driving accidents in many ways: talking on cellphones, texting, using CB radios, adjusting radios and other music players, eating or drinking while driving, and many more. In fact, when people think of distracted commercial drivers causing accidents, they almost exclusively think of truck drivers.

Yet just as truck drivers are not the only type of commercial drivers, they are likewise no the only type of commercial drivers who cause accidents. One type of commercial driver often overlooked is bus drivers: both public transportation, private chartered buses and, yes, even school buses.

In fact, just weeks ago, a distracted driving accident in Bradenton, Florida demonstrated that school bus drivers, too, can cause such accidents.

The bus in question was carrying 40 students when it crashed into the back end of a large commercial semi truck. Twenty-two of the students, together with the bus driver himself, were injured in the crash and taken to area hospitals for treatment. The truck driver was unharmed and, mercifully, there were no fatalities.

The distracted driving behavior in this case was unique to school bus drivers. The driver, known to his students as “Mr. Charles,” was reprimanding a student at the time of the accident. In fact, he turned around to face the students, facing away from the road, while the threatened to write the student up for misbehavior, even brandishing the write-up pad at him.

Many students thus saw the truck before the bus hit it, and braced for impact prior to the collision. The driver, turned completely away from the road, had no such opportunity.

As a result, the bus continued moving even after it struck the truck, which failed to stop it. One of the students then attempted to brake the truck, which eventually came to rest around 500 yards from where it struck the truck.

Authorities are currently investigating the incident fully, although the cause of the accident is already well-established from the many student accounts. Our bus accident attorneys hope that all drivers take a lesson from this accident: buses are not immune from accidents, and under the right circumstances can cause just as much damage as commercial trucks.

For a free consultation with an experienced Chicago distracted driving lawyer at Passen Law Group, call us at (312) 527-4500.

share save 171 16 Distracted Commercial Drivers Not Limited to Trucks

New Laws Take Effect in Illinois

Friday, January 6th, 2012

On January 1, 2012, 214 new laws went into effect in the state of Illinois. Most laws are highly industry-specific, and will have no bearing on real people or the way they live their lives. But a few govern each of us directly. Others will have a direct impact on our comfort and safety, even if they do not require us to change our lies or behaviors.

For example, one new law modifies Illinois’ seatbelt rules. Now, all passengers riding in the backseat of a car in Illinois are required to wear seatbelts. Our experienced Chicago car accident attorneys know firsthand the safety benefit to seatbelt usage, and are glad to see our lawmakers recognize this important safety measure.

Likewise affecting the daily life of ordinary citizens is the new law, HB S860, allowing motorcyclists to run red lights, if they have stopped and waited a “reasonable” period for the light to change. Although this law may increase convenience for riders, expect an increase in motorcycle accidents as a result. Governor Quinn unsuccessfully attempted to veto this questionable new law (his veto was overridden).

Other new laws which may affect you include:

• Bus Driver Drug and Alcohol Testing: Under HB 147/PA 97-0466, non-CDL holder school bus drivers can be given drug and alcohol testing if there is a reasonable suspicion of use. Other specific testing changes bring state law in line with federal law.

• Commercial Driver’s License (CDL) Medical Requirements: HB 1295/PA 97-0208 again brings Illinois in line with federal law, requiring a current medical certificate before a license is issued. Our trucking accident attorneys are pleased to see this important safety improvement.

• Financial Exploitation of Elders: Our Chicago elder abuse attorneys are pleased to report that HB 1689/PA 97-0482 makes the laws against financial exploitation of Illinois elders, and disabled persons, stricter, by lowering the financial value which will result in felony charges.

• Railroad First Aid Kits: HB 1573/PA 97-0374) requires all railroads to have first aid kits on hand when employees are on board, in the event of a train accident or other mishap.

• SIDS Training: HB 2099/PA 97-0083 mandates that all licensed child care facilities who care for infants and newborns must complete training, every 3 years, on SIDS, safe sleep, and SUID.

• Nursing Home Infectious Disease Control: HB 1096/PA 97-0107 puts procedures in place to prevent the spread of infections and disease in nursing homes.

• Medical Malpractice Information: HB 1476/PA 97-0449 provides greater public access to information about pending medical malpractice complaints or reports before the Illinois medical disciplinary board, and increases reporting requirements.

• Hotel Smoke Detectors: HB 1398/PA 97-0447 requires all hotels to place a smoke detector 15 feet or less from every room used for sleeping.

• Synthetic Cannabis: Our products liability attorneys have previously written about the dangers of synthetic cannabis, often marketed as “incense.” HB 2595/PA 97-0193 makes five different generically-defined classes of synthetic cannabinoids controlled substances.

• Truck Weight Restrictions: SB 1644/PA 97-0201 preempts local rules and makes truck weight and size limits entirely a matter of state law. Our trucking accident attorneys are disappointed to see the ability of local governments to keep roads safe from dangerous, oversized trucks removed.

If you have any questions about a serious personal injury or wrongful death matter, 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.

share save 171 16 New Laws Take Effect in Illinois