Articles Posted in Auto Accidents

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.

CNN reports that in a landmark case, Massachusetts teenager, Aaron Deveau, 18, was convicted of vehicular homicide as a result of texting and driving and was sentenced to one year in prison. The prosecutor told jurors that Deveau, then 17, was texting when his car smashed head on into the car of Donald Bowley, killing the father of three and seriously injuring his passenger. Cell phone records introduced into evidence showed that Deveau sent and received 193 texts on the day of the fatal crash. The prosecutor argued that the records show that Deveau must have been texting at the time of the crash since he sent a text shortly before impact. The Defendant maintained that he was not texting but was tired and was thinking about homework and that caused him to become distracted and cross the center line. The jury found him guilty of vehicular homicide, negligent operation of a motor vehicle, and texting while driving.

The serious dangers of texting and driving were pointed out in a study conducted by University of Utah professor, David Strayer. His research demonstrated that texting while driving was by far the most dangerous distraction that drivers regularly engage in. He found that texting while driving was twice as dangerous as driving while drunk.

Currently, Illinois law prohibits drivers from texting and driving. Illinois Vehicle Code at 625 ILCS 5/12-610.2 states a driver cannot text, instant message, email, or surf the web while driving. However, this is only a petty offense in Illinois and has a penalty of fine only. The maximum fine is $1,000.00.