Articles Posted in Auto Accidents

Pursuant to the Illinois Child Passenger Protection Act, all child passengers under the age of 8 years old are required to be restrained by a car or booster seat. However, use of a child restraint system is only the first step in protecting your most precious cargo in the event of a motor vehicle accident. As the National Institute of Highway Traffic Safety Administration (NHTSA) stated, the key to safety is “the right seat, the right size, the right use.” Our injury and accident attorneys understand that it may be difficult for parents to determine if they are using the appropriate car seat in the proper manner. The foregoing is provided by the lawyers of Zneimer & Zneimer, P.C. to guide Chicago parents in protecting their child passengers, in hopes that it may aide in the reduction of child car seat injuries and fatalities that occur as a result of a car accident.

Choosing a car seat that is both age and size appropriate for your child can drastically decrease the likelihood of injuries sustained in a motor vehicle accident. Further, considerations as to age and size must be an ongoing process as your child grows. Our injury and accident lawyers recognize that although a car seat might be suitable for a child of a certain age, it may not be suitable for that child’s size. The safety risks involved encompass both car seats that are too large for the child, and therefore may not protect against injuries in the event of a collision, as well as car seats that the child has outgrown.

The NHTSA, and the injury attorneys of Zneimer & Zneimer, P.C. as well, urge parents to fill out the manufacturer’s registration form, and submit this form to the manufacturer immediately following the purchase of a new car seat. By submitting such registration, and keeping all contact information current, you can ensure that you will be notified of important safety recalls pertaining to your specific child restraint device.

Recent tragic accidents, which took the lives of 15 teenagers, and numerous others, are a reminder to the Chicago attorneys of Zneimer & Zneimer, P.C. of the dangers of teen driving.

In one of the accidents, which occurred on March 12, 2012 in a small Illinois community in Will County, 4 teens ages 14 to 17 drowned after their vehicle plunged off a bridge. It is uncertain as to whether road conditions or speed played a role in this accident .

On the same day, another accident occurred in Ohio, which took the lives of 6 teens, ages 14 to 19, when the SUV, being operated by one of the victims crashed into a guardrail and flipped over into an adjacent pond. It was later discovered that the SUV, which was only equipped for 5 passengers, was carrying 8 passengers, none of whom were wearing safety belts. Investigators also reported that the driver was traveling faster than the posted speed limit.

There has been a growing awareness of public safety concerns in Chicago, and other surrounding Illinois cities concerning child safety seats and the laws and regulations associated with their use. Although safe driving campaigns and heightened enforcement of child passenger regulations have led to increased use of child restraint seats, surprisingly, so have the occurrence of child car seat related injuries. This can be attributed to factors such as car seats that may be improperly used, or are unsuitable for a child’s particular age or weight, as well as in cases of defective or faulty child restraint devices. The Chicago injury attorneys of Zneimer & Zneimer, P.C. urge all parents to not only restrain their child passengers, but also ensure that such children are restrained properly.

As stated in the Illinois Child Passenger Protection Act:

Motor vehicle crashes are the leading cause of death for children of every age from 4 to 14. The General Assembly further finds that the safety of the motoring public is seriously threatened as indicated by the significant number of traffic accidents annually caused, directly or indirectly, by driver distraction or other impairment of driving ability induced by the movement or actions of the unrestrained passengers under the age of 8 years.

Chicago auto accident lawyers, Zneimer Zneimer note a recently released study by the Center for Disease Control which found that 4 percent of U.S. adults admit nodding off while driving within the last month. The study found that men were more likely to report that they nodded off while driving than women. The estimates of fatal car crashes caused by drowsy drivers run from 3 percent to as high as 32 percent. The CDC urged drivers to watch for the warning signs such as having trouble keeping ones eyes open, not remembering landmarks and drifting on to the rumble strip.

The National Highway Traffic Safety Administration (NHTSA) notes that there are currently no tests available to quantify levels of drowsiness there are noted characteristics according to the NHTSA such as:

a) The crashes occur during late night/early morning or midafternoon.

Chicago car accident lawyers, Zneimer & Zneimer P.C. applaud the Illinois Legislature for passing a law amending the Illinois Vehicle Code to prohibit anyone from using a wireless cell phone while driving a vehicle within 500 feet of an emergency scene. An emergency scene is defined as one where an emergency vehicle has its emergency lights activated. (House Bill 5099/PA97-0828)

The Illinois Legislature also passed a law amending the Illinois Vehicle Code prohibit commercial drivers from texting and driving. It also prevents motor carrier’s from allowing its drivers to text and drive. The amendment also prohibits a driver from using a hand held mobile phone while driving. (House Bill 5101/PA 97-0829)

Chicago’s ordinances are more restrictive than state law. It is illegal to hold a cell phone to your ear and mouth while driving in Chicago. Texting is also illegal while driving in Chicago. Hands free cell phones and Bluetooth devices are allowed except for teens and school bus drivers. A police officer can pull a driver over immediately if he sees a driver using a cell phone in Chicago. Offenders can be fined up to $200 for texting or talking on a hand held cell phone while driving in Chicago.

The Chicago Sun-Times reports that traffic fatalities are up 9% over this time last year. So far this year in Illinois there have been 533 traffic fatalities on the streets, roads and highways of Illinois. Of these, 156 were killed in alcohol related crashes. In 143 of the fatal crashes, a seat belt was not used. In 110 of the fatal crashes, drivers were involved who were without a valid drivers license or no license at all.

According to Illinois Department of Transportation Secretary Ann Schneider: “distracted driving is playing a role.” Schneider notes that despite attempts to make the public aware of the dangers of distracted driving, about 10 percent of the state’s traffic deaths are linked to distracted driving such as texting and driving.

Adding to the number of traffic fatalities was a 70% increase in motorcycle fatalities. The spike in motorcycle fatalities is a nationwide trend that many experts link to the abnormally warm weather during the spring that brought more riders out. To decrease motorcycle deaths, the Illinois State police have announced Operation Rogue Rider which target reckless motorcycle riders on the highways and asks motorists to call police if you spot reckless motorcycle drivers.

The Chicago Tribune reported that a road-rage incident in Naperville, Illinois led to the death of a motorcyclist who was not involved in the road-rage argument. Micheal J. Moreno and the passenger of a 16 year old’s car became engaged in an argument. Moreno and the 16 year old driver then continued chasing each other and cutting each other off. This reckless driving continued for a half a mile until Moreno made a sudden left turn and struck the motorcycle driven by Gerald W. Puglise, who died at the scene. Martin attempted to flee from the scene but was caught by police a short distance from the scene of the crash. Moreno was charged with aggravated DUI, aggravated reckless driving and leaving the scene of an accident involving death. Moreno’s bond was set at $750,000,00.

Road-rage injuries are more common than most people are aware. A study conducted by the American Automobile Association found that almost 13,000 people were injured in road rage incidents between 1990 and 1997. Strikingly, out of the almost 13,000 incidents, only 413 involved female drivers. The typical aggressive driver is a younger male with a poor education and a history of criminal activity, and drug and alcohol problems according to the study.

AAA recommends that if an aggressive driver tries start a fight, do not make eye contact and try not to acknowledge the hostile driver. If the aggressive driver continues to chase you, go to a place with lots of people and call the police.