Posts Tagged ‘Chicago Car Accident Lawyer’

Distracted Driving Leads to Injury and Wrongful Death

Tuesday, June 22nd, 2010

Our Chicago wrongful death attorneys have previously discussed some of the recent incidents in Illinois highlighting the dangers of distracted driving.  Although some still take distracted driving lightly, experts estimate that engaging in distracted driving is roughly comparable to driving after drinking four alcoholic beverages.  Distracted driving, while dangerous at all times, is particularly dangerous at high speeds.  At about 55 miles per hour, a driver who takes his eyes off the road for 5 seconds essentially drives the length of an entire football field with his eyes closed.

Some estimates put the percentage of automobile accidents in the United States caused by distracted driving as high as 80%.  Indeed, a distracted driver is 23 times as likely to be in an accident.  When drivers take their eyes off the road for as little as 2 seconds, crash risk doubles.  As many as 28% of accidents in the United States are caused by drivers distracted by cellphones and texting.  And while much of the media attention lately has focused on texting, the very real danger of driving while using a handheld cellphone should not be ignored.  Drivers using a handheld cellphone have a risk of causing an accident four times greater than those who refrain, and comparable to a drunk driver.  Yet studies show that 81% of Americans use a handheld cellphone while driving.

Additionally, many Americans mistakenly believe that driving while on a hands-free cellphone is no different than talking to a passenger in the car.  Yet science shows that this is false:  our brains process information differently depending upon whether we are talking to a live person or using a cellphone, and are unable to multitask as effectively while doing the later.  If you doubt this, ask yourself if, while having open-heart surgery, you would be comfortable with your surgeon chatting on a hands-free cellphone.  Your intuition should give you all the answer you need.

Distracted driving is a particular problem among teens and young drivers.  Our Chicago personal injury lawyers urge parents to carefully discuss distracted driving and its consequences with young drivers, and monitor their driving habits closely.  Drivers under 20, especially inexperienced drivers, have the highest rate of fatal crashes caused by distracted driving.  Drivers under 21, and those with less than 6 months experience, engage in a great number of bad driving practices.  As well as engaging in distracted driving, they are more likely to drive to quickly and drive too close to the car in front of them.

Legislation recently introduced in the Senate Commerce Committee could help to reverse this disturbing trend.  The legislation, called the Distracted Driving Prevention Act, aims to reduce distracted driving by encouraging state action.  If passed, the Act will provide grants to states who enact state legislation banning texting and the use of handheld cellphones, and the use of any cellphones by those under 18.  The bill’s other provisions are aimed at public education on the dangers of distracted driving, and research into safer mobile communications. The legislation is supported by the National Safety Council.  Our Chicago car accident attorneys join their voice with that of the NSC and urge the Senate to pass this legislation as soon as possible.

Allstate Insurance Company has also launched a campaign against distracted driving – but in Canada.  It calls the campaign “Action against Distraction.”  The campaign is focused on teenagers, and works with schools to reach them.  It tries to make students aware of the many simple distractions, from using a GPS, to talking on a cellphone, to adjusting the radio, to applying makeup, to simply talking to friends, which can lead to a fatal auto accident.  The campaign also includes a video of teens sharing the worst examples of distracted driving they have witnessed, and an online pledge against distracted driving that teens and their parents can sign.  Teens who sign the pledge are entered to win an IPAD – and they are entered again if they share the pledge with friends.

Likewise, a British public service announcement available on Youtube targets teenage drivers with a gruesome, realistic staging of a texting teen driver who crashes her car and kills two of her friends.  The U.S. Department of Transportation has also launched a website, www.distraction.gov, aimed at educating the public about the dangers of distracted driving.

We profoundly hope that these combined efforts will influence the public to drive safely and undistracted.  In the meantime, distracted drivers will continue to injure and kill themselves and others, to the tune of 1.6 million accidents in the United States each year.  Those injured by distracted driving should take legal action against those who injured them.  Perhaps the threat of civil liability, if nothing else, will convince American drivers to act responsibly.

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

Recent Truck Accident Highlights Winter Road Danger: Falling Ice

Monday, January 11th, 2010

truck accident falling iceAn unfortunate accident last week highlights a winter driving danger being ignored: falling snow and ice off the tops of semi-tracker trailers.  To speak with a top Chicago truck accident attorney, call Passen Law Group at (312) 527-4500.

In Aurora, Peter Morano was severely injured when a large block of ice came off the top of a semi-tracker trailer as it was passing beneath an overpass.  According to news reports, the block of ice hit and shattered the windshield.  The driver’s nose was broken in several places, and the orbital bone of his left eye shattered.  Lacerations to his left iris may leave his vision permanently damaged.

While there is no data specifically related to how many serious motor vehicle accidents each winter are  specifically caused by ice falling off large trucks and other vehicles, there is plenty of data showing a spike in catastrophic car and truck accidents during the winter months due to weather-related factors.  f you have been seriously injured in a motor vehicle accident that you suspect was caused by the negligence or recklessness of another, contact an experienced car accident lawyer at Passen Law Group.

The accident described above raises a number of questions that have no simple answer.  For example, should the law require truckers to remove snow and ice from their vehicles prior to hitting the road?  The obvious answer is yes and, indeed, New Jersey passed such a law in October 2009.  To date, New Jersey is the only state to have passed such a law.

One problem is that such laws may run counter to current federal motor carrier safety regulations that prohibit drivers from climbing atop their rigs without proper safety equipment.  Such equipment is often only available at the terminal, if at all, and is impossible for truckers to bring with them on the road.

It stands to reason that if de-icing equipment exists for 747s, then snow and ice removal equipment exists for semi-tracker trailers.  Unlike the Federal Aviation Administration (FAA), which requires de-icing of aircraft, the Federal Motor Carrier Safety Administration (FMCA) does not require snow and ice to be removed from semis.  Thus, it is of little surprise that a survey conducted by the American Transportation Research Institute (ATRI) shows 54% of truckers “rarely or never” remove snow and ice from their rigs.

For now, New Jersey may stand as an example enacting, supporting and enforcing snow and ice removal laws in order to make roads safer for all.  Hopefully, for the sake of public safety on our nation’s roadways, other states, including Illinois, will follow.

If you have been seriously injured in a crash involving a car, truck, bus, motorcycle or other motor vehicle, contact Passen Law Group for Free Consultation with a Chicago personal injury lawyer at (312) 527-4500.

Vehicle-Train Crashes Caused By Distracted Driving

Monday, November 30th, 2009

vehicle-train crossing accidentDistracted driving remains a hot safety topic, as it is a known cause of many serious motor vehicle accidents.  Most of the focus is on distracted car and truck drivers on the road generally.  A recent news article in the Occupational Health & Safety magazine highlights the dangers of distracted driving near train tracks or railroad crossings.  Victims who are seriously injured or killed in motor vehicle accidents caused by negligence, including distracted driving, should consult with a top Chicago car accident lawyer as soon as possible.

The article discusses two public service announcements filmed in Maryland by the nonprofit rail safety education organization Operation Lifesaver, Inc. The PSAs will show two scenarios in which distracted driving “leads to danger as drivers fail to notice that they are approaching highway-rail grade crossings.” Recent studies have shown that distracted driving, such as texting while driving, can take a driver’s eyes off the road long enough to travel the length of a football field.

Train accidents of all kinds can cause catastrophic injuries or even death. There are many factors that can contribute to a train accident, and there are also many players as well as federal and state transportation laws.  An experienced Chicago train accident lawyer has a thorough understanding of all applicable laws and can help recover appropriate damages, if available.

Taking eyes off the road long enough to send a text message can also be long enough to miss railroad-crossing signals. The article points to federal statistical data showing that “inattentive drivers contribute to approximately 3 percent of all vehicle-train crashes at highway-rail grade crossings.”  Through August of this year, the month of most recent data, there have been 1,247 highway-rail incidents, causing 156 fatalities.

A highway-rail incident, as defined by the Federal Railroad Administration, is “any impact between a rail and a highway user at a crossing site, regardless of severity. Includes motor vehicles and other highway/roadway/sidewalk users at both public and private crossings.” This means that pedestrians, walking and talking or texting from a cell phone near railroad crossings, may be unaware of an oncoming train, leading to catastrophic injury or even death.

In Illinois, there were 63 highway-rail incidents between January and August of this year, 32 of which have resulted in injuries, and 14 that have been fatal.  If you or a loved one has been seriously injured in a car-train incident, contact the car and train accident lawyers of Passen Law Group today.  Call us at (312) 527-4500 for a Free Consultation.