Illinois Personal Injury Lawyer Blog

Some area law enforcement officers are skeptical in their reaction to a proposal to ban all cell phones in vehicles.

Last week, the National Transportation Safety Board, a federal safety board, called for the first-ever nationwide ban on driver use cell phones and other portable electronic devices while operating a motor vehicle.

"More than 3,000 people lost their lives last year in distraction-related accidents," said NTSB Chairman Deborah A.P. Hersman. "It is time for all of us to stand up for safety by turning off electronic devices when driving."

The recommendation has no legal authority, and it would be up to each state to decide whether to comply with the request, or to approve some other sort of restriction.

As of Jan. 1, 2010, it has been illegal for drivers in Illinois to send or receive text messages, or to use cell phones in school or construction zones unless using a hands-free device.

Princeton Police Chief Tom Root said he has mixed feelings about the proposal.

Everyone wants to cut down on accidents, but this would be a hard law to enforce, particularly along the highways and interstates where nobody is around.

"Who doesn't have a cell phone?" Root asked.

Root said it is a education issue, and drivers need to take seriously the responsibility of what they're doing.

Root distinguished between texting and talking on a cell phone. He said texting was a different issue because it often takes two hands and long periods of time when drivers have their eyes off the road.

"With a cell phone, you have one hand on the wheel, and, hopefully, your eyes on the road," he said.

Root said he was not aware of any local accidents because of cell phone distraction.

For Bureau County Sheriff John Thompson, the cell phone ban is just another impractical item on the list of things the NTSB has recommended during the years.

"Ten years ago the NTSB announced it wanted no traffic deaths on American highways," Thompson said.

Thompson said society lives by its cell phones at this point in time. He acknowledges some drivers have problems with cell phones, but he doesn't want to see legislation try to solve the problem.

Continue reading "Princeton Illinois: Banning cell phones while driving" »

Utica officials were not surprised at the results of a blind survey the Illinois Department of Transportation conducted in November about whether the state should tear down the existing Route 178 Illinois River bridge before constructing a new span.

Overwhelmingly, out of the 160 written comments received, 108 local residents said they were in favor of building a new bridge next to the current one rather than tearing the aging one down first, thus cutting off traffic access to Starved Rock State Park and other points south of the river.

The remaining comments offered alternative suggestions not now endorsed by IDOT or merely questioned if the state had a plan for access for emergency services to the rural area.

Community concerns included:
Economic and business impact.
Access to recreational areas, hotels, churches and other attractions.
Impact to school routes and other pubic services.
Adverse travel and related environmental impact due to potential detours.
Increased traffic and increased accidents along nearby Route 71.
Estimates range beyond $20 million for the replacement project. IDOT officials have said no funding or starting date has been finalized, but environmental surveys have been initiated and engineering studies are under way to ensure the project's compliance with impact requirements.

On Nov. 29, the La Salle County Board voted unanimously to ask IDOT to keep the existing Route 178 bridge open over the Illinois River during the entire construction phase.

County Board Chairman Jerry Hicks, D-Marseilles, told The Times the resolution supporting keeping traffic flowing at the Utica point was a "no-brainer" and board members felt little need even to discuss the action.

The resolution noted a bridge closure would not only have "a major impact" on the county's share of sales tax and tourism revenue, but also affect emergency services. The resolution said keeping a bridge in operation is necessary "to facilitate snow removal and highway maintenance operations south of the Illinois River

Fall is mating season, for deer that is... Which means that drivers need to exercise extra caution on area roadways.

More than a half-a-million deer-car crashed occur annually in the US. The majority happen during November and December, mating season for the deer. According to the Insurance Information Institute, once you factor in the damage to the vehicle and injuries, the average cost per accident is approximately $10,000.

These accidents are occurring not just in suburban areas, but in the outlying areas of the city.

According to a study by State Farm Insurance, Illinois' ranking for deer car collisions is third in the country with Pennsylvania having the highest number of crashes and Michigan being second.

Here are some tips to help you avoid a crash with a deer:

• Be vigilant during early morning and evening hours when deer are most active.

• Use your high-beam headlights, which will reflect in the deer’s eyes so you can see them better.

• Blow your horn with one long blast to frighten a deer away.

• Brake firmly rather than swerving, which confuses a deer trying to dodge your car (and you can run off the road or hit another car).

• Deer seldom run alone. When you see one, look out for another.

• Pay attention to deer crossing signs — they really are there for a reason.

• If you hit a deer, don’t touch it. Injured animals can hurt you or themselves more. Move your car off the road and call police.

The Illinois Supreme court reversed a $43,000,000 verdict against Ford Motor company citing the lack of sufficient evidence in a fuel tank explosion that killed one person and severely burned another.

Dora Mae Jablosnki and her husband John, were awarded $28,000,000 in compensatory damages and $15,000,000 in punitive damages by a Madison Country jury in 2005. The Jablonskis were rear-ended at high speeds in a construction zone.

The Jablonski's were driving a 1993 Lincoln Town car. The impact caused a pipe wrench in the trunk of the Jablonski's car to penetrate the trunk and puncture the gas tank which caused the tank to burst into flames. John Jablonski was killed in the accident and Dora Mae was severely burned.

Jablonski's attorneys claim that Ford's design of the car was negligent and failed to warn buyers of the risk.

Ford claims that moving the tank forward would eliminate the rear-wheel drive and body on frame construction of the car, making it a totally different car.

The original verdict was upheld by the Appeals court but the reversal by the Illinois Supreme Court was unanimous.

More serious criminal charges are being considered by prosecutors involving a case of a Buffalo Grove woman now that the man that she struck with her automobile has died. Prosecutors are alleging that she was texting and driving.

Kelly Luch, 23, had a scheduled court appearance for Thursday in which she failed to appear. According to authorities, Luch was driving her car on Highway 53 near Rolling Meadows, when she crashed into a pickup truck which was parked on the shoulder. Marcin Niepsuj, was changing a tire on the truck when Luch hit the truck, pinning Niepsuj between the vehicles.

Niepsuj died from his injuries last week and was buried on Wednesday in Niles, Illinois. He leaves behind his wife and children.

Luch received citations for driving on the shoulder, improper lane usage and texting while driving. Investigators are looking into more serious criminal charges now hat Niepsuj died from his injuries.

Luch admitted to the Tribune that she was looking through her cell phone contacts prior to the accident, but had put her phone down before she struck the pickup.

Luch claims that she swerved to avoid hitting debris on the road which caused her to over correct and hit a semi.

Luch could not be reached for comment after the court hearing Thursday.

The judge in the case rescheduled the hearing for October 13. A warrant for Luch's arrest cannot be issued until Prosecutors charge her with criminal charges. Right now she has only been cited for traffic violations.

Can an Aurora who had the presence of marijuana in her urine, be held criminally responsible for an accident that killed two people. Does it mean that she was impaired at the time of the accident?

The Illinois Supreme Court believes it does, but her defense attorney disagrees.

Alia Bernard, 27 was charged with reckless homicide for causing an accident in May 2009 that killed two people.

If she is convicted Bernard could face up to 28 years in prison, but probation also is an option.

Bruce Brandwein, Bernard's attorney the Illinois Supreme Court's decision is overly broad and unconsitutional by holding drivers criminally responsible for an accident crash if they have “any amount” of marijuana in their system.

“For example, some states allow the lawful use of marijuana for medical reasons. A person, using marijuana where legal, and is not impaired, drives into Illinois and gets into a fatal accident may not be charged with aggravated driving under the influence, where under the same facts, a person who has consumed marijuana unlawfully can be charged,” Brandwein wrote. “There is no rational basis for this distinction.”

Brandwein, also argues to determine if a driver is impaired that a field sobriety tests is the best way.

Bernard is accused of rear-ending a stopped car On May 23, 2009, Bernard rear ended a stopped car which was pushed into an oncoming group of motorcycle riders. The accident caused a nine-vehicle pileup on Route 47 near Smith Road. Twelve other people were injured in the accident. She is free on $5,000 bond.

First Assistant State’s Attorney Jody Gleason who is the lead prosecutor on the case, wuold not declined to comment other than to say they will fight Brandwein’s motion. Gleason has until Sept. 23 to respond.

A hearing is set before Judge Allen Anderson Sept. 30. It is unclear whether Anderson will rule that day or take it under advisement

Toyota car company as committed $1,000,000 to assist the groth of Buckle Up For Life which originated in Ohio, Kentucky and California. The program will no extend to Illinois Colorado and Texas by 2012.

The program was born by the Cincinnati Children's Hospital Medical Center to help Hispanic and African American families injured or killed in car accidents.

Dr. Rebeccah L. Brown, associate director of trauma services and the director of the program said that the program was created because of the disproportionate number of African American and Hispanic children being treated the medical center with severe accident related injuries. "This disparity was unacceptable and we knew we had to do something about it."

Continue reading "Illinois to benefit from Toyota contribution to Buckle Up For Life" »

The current seatbelt laws in Illinois require only the front seat passengers and back seat passengers under 18, to wear their seatbelts. House Bill 219, headed for the Governor's desk, would require all passengers in a vehicle to buckle up.

Representatives from the Springfielda area voted against the bill. Sen. Larry Bomke, R-Springfield says he wears a belt when he is a passenger in the back seat. However, he believes that an adult should make their own decision on whether they want to buckle up in the back seat. "During the debate I don't recall statistics being shared on how many lives it might save or accidents reduced if seat belts were required in the backseat. I suspect it might save lives. In the front seat, you're dealing with the windshield."

The Illinois Department of Transportation (IDOT) supports the bill. According to IDOT spokesperson, Josh Kauffman, "Illinois is at historic highs in regards to statewide safety belt usage rates. This is a historic achievement. We hope that trend continues. Obviously we understand that safety belts do save lives."

Continue reading "Illinois' Governor Quinn to sign bill requiring all passengers to buckle up" »

According to the Ilinois Tollway Authority, Illinois can expect approximately 7,000,000 vehicles on the state's tollway system this holiday weekend. According to the Tollway, the holiday begins today, May 27 and goes through May 31.

Heaviest travel on Illinois tollways is expected today with nearly 1.7 millions vehicles. Daily average of vehicles on the tollway system is 1.4 million.

The Illinois Tollway, Illinois Deparment of Transportation, Illinois State Police, Illinois Secretary of State and AAA Chicago are sponsors of a campaign encouraging drivers not to text and drive. The campaign "Drive Now, Text Later," is intended to raise awareness with drivers of the dangers of texting while behind the wheel. They are hoping that the campaign will ultimately lead to a reduction in the number of cell phone related accidents.

According to Illinois authorities, cell phones were the primary or secondary cause of more than 1,100 accidents in 2010. This was a decrease in cell phone related accidents compared to 2009 when there were 1,300 accidents..

The Illinois Tollway will be removing all temporary lane closures beginning at 12pm on Friday through 9 am on Tuesday. Work will continued behind barriers to keep construction on schedule but this should have no effect traffic.

Have a great holiday weekend. Let's be safe out there!

Increasing police presence may be the only way to stop accidents along an "improved" section of Route 59. Another suggestion was to plant sturdy trees in the backyards of the homes that line that section of Route 59 to stop cars that may veer of the road.

Illinois officials have agreed to help the Joliet community pay for a fence that would add another layer of protection for residents. But the suggestion to install guardrails has been rejected by State officials.

Amy Russell, a Pheasant Landing resident whose backyard sits along that particular stretch of Route 59, says that residents have become even more concerned after a pair of accidents.

"People drag race down the road," she said. "I didn't think it was possible with the stop lights. But I guess if you're drag racing, you're not worred about the stop lights.'

Continue reading "Joliet Illinois residents worried after pair of Route 59 crashes" »

A program designed to provide information to emergency responders is underway in east Central Illinois. Across the landscape attached to several main power poles, are black tubes which contain detailed computer generated maps of farms located in the region. The maps detail locations of flammable chemicals, fuels, power switches, grain bins and water supplies and livestock on each farm.

This provides invaluable information to first responders in the event of an emergency on a farm. The responders ability to locate the information contained in the tube could ultimately save lives and limit property damage.

Amy Rademaker, began the program in Illinois, is a farm safety specialist. Growing up on a farm, Rademaker knows the dangers of the farming industry. But she belives that tragedies can be avoided by being able to locate where things are "going to go up in flames."

Continue reading "Illinois farmers to get individualized maps to avert emergencies" »

For the first time, the State of Illinois will start keeping track of dooring collisions-accidents that happen when a bicyclist rides into an open car door.

Governor Quinn ordered Illinois police departments to start recording dooring accidents on crash forms typically used for motor vehicle accidents.

The Illinois Deparmtment of Transportation will incorporate the dooring data into their annual traffic accident reports.

By ordering the tracking, officials believe this is the first step in reducing the amount of dooring crashes and thereby reducing injuries and deaths caused by the collisions.

Continue reading "Illinois to start tracking bicycle dooring collisions" »