Articles Posted in Auto Accidents

Kelly Holleran from the Madison Record reports that a mother is suing, on behalf of her minor daughter, the driver of the car her daughter was in for driving above the speed limit and for failing to exercise due care. She is also suing for herself as well.

The mother claims that the driver of the car was speeding upwards of 60-70 miles per hour. This, she claims, caused the driver to lose control of the car and they went off the roadway and the car flipped at least three times before ejecting her daughter and coming to a stop. Both mother and daughter received injuries from the auto accident that included severe and permanently disfiguring injuries that precluded them from normal work plus mental and physical anguish. The mother is claiming over $100,000 plus costs in damages.

Be aware that driving over the speed limit does not help one’s case in matters like these. The speed limit may be up for negotiation but due care is definitely a case for the mother and daughter. The driver’s duty is to the other cars on the road and to his/her passengers to drive in a manner that is careful to all of them. Did the driver do all that she could to prevent the accident? Did she slow down?

Data released by the Illinois Department of Transportation’s Division of Traffic Safety shows that more people are killed in motor vehicle accidents that occur between midnight and 3 a.m. than any other time of the day. Illinois law enforcement officials blame drinking drivers and drivers who don’t buckle up their safety belts. Data for the years 2005-2008 shows that 73 percent of drivers who died in late-night motor vehicle accidents were not using their seat belts.

Illinois law enforcement is mounting a campaign to crackdown on alcohol impaired drivers, and drivers who are not using their seat belts. These efforts will be ongoing through Labor Day. Illinois State Police will be joined by over 300 local law enforcement agencies in conducting 200 roadside safety checks. Law enforcement agencies will be conducting alcohol impaired driving saturation patrols and night safety belt patrols. Illinois motorists should be aware that impaired driving or not wearing their seat belts could lead to an arrest or a traffic ticket.

The National Highway Traffic Safety Administration ( NHTSA ) estimates that 13,250 lives were saved in 2008 because people in passenger vehicles were using their seat belts. Across the nation, over 75,000 lives were saved during the 5-year period from 2004 to 2008. According to NHTSA estimates, 391 lives were saved in Illinois in 2008 by proper seat belt usage.

Illinois Governor Pat Quinn signed a bill into law that bans motorists from sending text messages while driving. Attending the bill singing ceremony at Northeastern Illinois University were Chuck and Gloria Wilhelm, parents of Matt Wilhelm, who died after he was struck by a woman downloading ring tones to her cell phone. Governor Quinn stated that the new law will “save lives and make the roads safer for our loved ones. We want everyone to know that distracted driving will not be tolerated in Illinois.”

The new measures will make it illegal to compose, send or read text messages, instant messages and e-mail on a cell phone or surf the internet while driving. The ban also includes personal digital assistants (PDAS) and portable or mobile computers. The ban does not cover the use of global positioning systems (GPS) or navigation systems.The governor also signed House Bill 72, which will make it illegal to use a cell phone while driving through a school speed zone or in a highway construction zone unless it is a hands-free device. The new legislation will go into effect on January 1, 2010.

Illinois joins a growing number of states and municipalities that have adopted bans on texting while driving. Driving while distracted is a serious problem: The National Highway Traffic Safety Administration (NHTSA) estimates that 25 percent to 30 percent of reported crashes involve drivers not paying attention. This means that distracted driving is a factor in over 1.2 million vehicle crashes a year in the United States. Studies show that the risk of a crash or near-accident is 23 times higher for motorists who are text-messaging while driving. People using cell phones are much more likely to be in a crash involving personal injury.

According to statistics released by the Illinois Department of Transportation, there are over 7000 work zone motor vehicle crashes a year in Illinois resulting in 2600 injuries and 33 fatalities, including an average of 2 worker fatalities. Motorists account for eighty five percent of work zone fatalities. Motorists are urged to Please Slow Down! in work zones so that they can arrive at their destinations safely.

Safe driving tips that motorists should follow in work zones include watching for signs posted a minimum of one-half mile in advance of construction zones. Reduce your speed to the posted speed limit,generally 45 m.p.h. Work zone speed limits are to be obeyed at all times of the day. Workers do not have to be present to receive a speeding ticket in a work zone. Fines for speeding in a work zone are a minimum of $375 for the first offense and a minimum of $1000 for the second offense. Mandatory court appearance is required for all work zone speeding violations. Don’t tailgate! Rear-end collisions caused by tailgaters are one of the most common crashes in work zones. Stay alert and minimize distractions. Don’t talk on cell phones. Watch for workers. Keep an eye out for the orange and lime-green that workers wear when on the job. Finally, expect the unexpected: traffic patterns may change in construction zones; sudden stops also may be required.

The Illinois Department of Tranportation stresses that slowing down in work zones will only add seconds to the overall length of a trip, so when you see the orange work zone signs, Please Slow Down!

Police all over Illinois are cracking down on Scott’s Law violators while those in Lake County in particular are becoming more aggressive.

“Scott’s Law” requires drivers to slow down and move over when they are passing emergency vehicles including fire and police cars and trucks, tow trucks, and highway maintenance vehicles. This law took effect in 2002 and the number of tickets being written each year is climbing. The law was written after Lt. Scott Gillen, a Chicago firefighter, was struck and killed while working at a traffic accident in 2000. There have been other incidents of death and injuries at these types of accidents since. According to the National Law Enforcement Memorial Fund 18 people were killed last year and 14 the year before.

Drivers who get caught violating Scott’s Law can receive a ticket of up to $200 plus traffic school and supervision. Violating the law twice can lead to a discretionary suspension of the driver’s license. In either case if there is property damage or personal injuries penalties can increase up to a $10,000 fine and a three year loss of license.

An SUV rolled over on Wednesday on the Edens Expressway killing its driver, Michael Kalinski. The SUV Chevrolet Trailblazer vehicle crashed when the driver lost control for unknown reasons. The vehicle then flipped and rolled into a ditch off the Edens Expressway near Skokie.

The driver was apparently not wearing a seat belt and was ejected form the vehicle.

Every year approximately 5,000 people die and over 100,000 people are injured in large truck crashes according to the Public Citizen website. Despite the fact that large trucks make up just 3 percent of all registered vehicles, large trucks account for 9 percent of all vehicles involved in fatal crashes and are responsible for 12 percent of all crashes involving fatalities.

Congress is currently working on a bill to limit the size of large trucks on our roads. Any such legislation should be supported by anyone concerned about highway safety.

According to the National Safety Council:

Drivers who use cell phones are four times more likely to be in an auto crash while using a cell phone.

There is no difference in the cognitive distraction between hand-held and hands- free devices.

Nearly 100 Children were killed and 2,000 injured in 2007 when they were backed over, mostly on residential driveways the National Highway Traffic Safety Council reported.

The report found that 221 people were killed and 14,000 were injured by backing vehicles. Ninety-nine of the deaths and 2,000 injuries were children under 14 years old.

Legislation sponsored by former New York Senator Hilary Clinton will require vehicles to offer additional mirrors, sensor devises and cameras to help reduce blind spots with the intention of reducing the number of these tragic accidents.

A taxi struck and killed Minh Pham, 89, on Saturday, on the Northside of Chicago about one block from his house. The accident happened at about 9 a.m.

The taxi driver was cited for no insurance and for failure to exercise due care for a pedestrian in the roadway.