Articles Posted in Car Accident

The Chicago bicycle lawyers at Abels & Annes are representing a cyclist injured last week (July 8) after being rear-ended by a driver.

The client was northbound on LaSalle in the bike lane. As he approached Schiller he was rear-ended.

The at-fault driver was ticketed and the client was taken by Chicago Fire Department ambulance to the emergency room at Northwestern where he was treated for injuries to his left leg and foot and multiple abrasions.

The Chicago personal injury lawyers at Abels & Annes continue to see vehicles colliding with bicyclists on a regular basis. Please remember, cyclists have the same rights on the road as a motor vehicle.

The Illinois Department of Transportation is running a public service announcement this summer. “There is plenty of room for us all, Please Don’t Squeeze,” emphasizes the legal requirements to give cyclists at least three feet of clearance when making a pass.

IDOT estames more than 4,000 Illinois residents are seriously injured each year in bicycle accidents. Nationwide, cyclists join motorcycle riders as the only group to see an increase in accidents and fatalities during 2008, which saw a historic drop in accident rates for passenger cars and trucks, according to annual statistics released this week by the National Highway Traffic Safety Administration.

In 2008, 716 cyclists were killed, compared to 701 in 2007. The 52,000 riders who were injured was a 21 percent increase from the 43,000 hurt in 2007 — by far the largest increase in any category.

In Illinois, cycling fatalities jumped from 18 to 27; the state estimates another 4,000 are seriously injured each year.

High gas prices and a down economy has more people riding bicycles out of necessity than ever before. Thousands more bicycle for recreation and fitness– taking advantage of Chicago’s extensive system of bike trails, which is slated to grow to more than 500 miles by 2015.

An excellent map of Chicago-area bike paths and trails is available by clicking here.

As a motorist, please remember: Each bicycle on the road is one less car adding to the congestion. Please give our bicycling friends and neighbors a break. Every bicycle accident has the potential to be very serious or life threatening.
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One out of every three fatal traffic crashes in 2008 was alcohol related, according to statistics released this month by the National Highway Traffic Safety Administration.

In fact, Mothers Against Drunk Driving calls DUI the most frequently committed violent crime in the United States.

Nationwide, fatal alcohol-related crashes dropped from 13,041 in 2007 to 11,773 in 2008.

And, while alcohol-involved traffic fatalities in Illinois also declined, from 1,248 in 2007 to 1,043 in 2008, the overall rate of alcohol fatalities was slightly higher than the national average.

Alcohol-related fatal crashes are four-times more likely to occur at night than during the day and 1.5 times more likely to occur on the weekend.

The Chicago personal injury and wrongful death lawyers at Abels & Annes urge you to take this issue seriously, use a designated driver, call a cab or stay where you are if you have had too much to drink.

Those driving late at night — particularly on the weekend — should also be vigilant in watching for and avoiding erratic drivers.

As part of its Summer Safe Driving series, Abels & Annes looks at some of the issues surrounding drunk driving in Illinois.

Illinois has taken some tough steps to combat drunk driving: On Jan. 1 it became one of only six states to require a first-time DUI offender to have a Breath Alcohol Ignition Interlock Devices installed on his or her vehicle as a condition of gaining driving privileges.

Illinois offers a DUI Factbook where motorists can get a host of information on the state’s DUI laws, penalties and programs to combat drunk driving. According to the book, the state’s legal limit of .08 would be surpassed by a 170 pound man consuming four drinks in one hour or a 137 pound woman consuming three drinks in an hour.

A drink is defined as a can of beer, glass of wine or shot of liquor.

A shocking 86 percent of drivers who failed a breath test in 2007 tested between .10 and .24, which is three-times the legal limit.

Additionally, the state reports a person’s risk of having a crash begins to increase significantly at .04 — half the legal limit — and increases substantially thereafter.

Common remedies like fresh air, coffee, food or a shower will not help a person get sober.

The state’s 2007 statistics reports 2 of every 5 traffic fatalities are alcohol related.

• 503 people were killed in alcohol-related crashes, which was 40 percent of the 1,249 total crash fatalities.

• More than 49,600 DUI arrests were recorded by the Secretary of State’s office.

• 92 percent of all drivers arrested for DUI, who were eligible, lost their driving privileges.

• 2,516 drivers under age 21 lost their driving privileges due to “Use It & Lose It” law violations.

• 20 percent of those arrested for DUI are women, who represent 50 percent of all licensed drivers.

• Males ages 21-24 had the highest DUI arrest rate (about 26 per 1,000 licensed drivers). This rate was four times greater than that of all other drivers arrested for DUI (6 per 1,000 licensed drivers).

• 83 percent of all drivers arrested for DUI are first offenders.

The Illinois Secretary of State’s Office reports the average DUI offender is:

• male (80 percent arrested are men);

• age 34 (61 percent are under age 35);

• arrested between 11 p.m. and 4 a.m. on a weekend; and
• caught driving with a BAC of .16 – twice the illegal limit.

Penalties for a DUI can range from a 6-month license suspension to 30 years in prison for habitual offenders or DUI traffic crashes resulting in serious injury or death.

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Illinois reduced fatal accidents across the board in 2008, even seeing a drop in fatal motorcycle accidents, despite a rise in motorcycle deaths nationwide, which increased from 5,174 deaths in 2007 to 5,290 deaths in 2008.

Chicago accident lawyers at Abels & Annes are publishing the results of the annual release of accident data by the National Highway Traffic Safety Administration. While the Chicago area is still the state’s most dangerous, the reduction in fatal accidents is certainly good news for motorists.

Yet getting into an automobile is the most dangerous thing most of us do on a daily basis. Frequent review of safe-driving habits is always a good idea. And those who are injured through no fault of their own have a right to recover damages from a negligent driver.

More than 700 of this year’s fatal accidents — or 7 of every 10 fatal crashes — were caused by just two of the roads deadliest violators: drunk drivers and speeders.

Traffic Fatalities
Total: 1,043 in 2008 compared to 1,248 in 2007
Rural: 501 in 2008 compared to 433 in 2007
Urban: 609 in 2008 compared to 747 in 2007

Passenger vehicle occupant fatalities

Restrained: 722 in 2008 compared to 861 in 2007
Unrestrained: 339 in 2008 compared to 395 in 2007

Alcohol-impaired fatalities
362 in 2008 compared to 439 in 2007

Speed-related fatalities

385 in 2008 compared to 523 in 2007

Motorcycle fatalities

Total: 133 in 2008 compared to 157 in 2007
Helmeted: 32 in 2008 compared to 28 in 2007
Unhelmeted: 96 in 2008 compared to 121 in 2007

Drivers involved in fatal crashes

Total: 1,434 in 2008 compared to 1,709 in 2007
Aged Under 15: 4 in 2008 compared to 2 in 2007
Aged 15-20: 142 in 2008 compared to 252 in 2007
Aged under 21: 146 in 2008 compared to 254 in 2007
Aged 21 and over: 1,255 in 2008 compared to 1,415 in 2007.

Pedestrians
135 in 2008 compared to 171 in 2007

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The Chicago car accident attorneys at Abels & Annes urge seniors and those concerned about an older loved one’s ability to drive to get the facts and talk about the importance of keeping our older drivers safe.

Older Americans represent the largest and fastest growing segment of our population. And, while not everyone is the same, research shows that reflexes and driving ability deteriorate steadily after age 55 and can be exacerbated by loss of eyesight and hearing and other health problems, including arthritis.

Additionally, as we grow older we are considerably less able to deal with the trauma of a serious accident — research shows fatality rates are 17 times higher for seniors involved in a serious car accident.

AAA launched a new website last month — www.aaaseniors.com. The site provides families of older drivers with valuable information related to senior mobility challenges, as well as tools to help extend safe driving and/or assist in difficult discussions about transitioning older family members from a driving lifestyle.

“According to our research, many adult children of older drivers – the ‘sandwich’ boomers – are unaware that resources exist to effectively address the safety and mobility challenges of senior drivers,” said Brad Roeber AAA Chicago’s Regional President. “AAASeniors.com gives seniors and their families the tools necessary to create an action plan to help seniors manage the inevitable consequences of aging, continue to drive safely or transition to alternative modes of transportation, and remain independent.”

The site includes:

-Advice on how aging affects one’s ability to drive safely.

-A step-by-step guide on how to begin a conversation with an older driver about working together to develop a plan for the transition from driver to passenger.

– A variety of tools and resources from educational brochures and driver improvement courses, to tips on choosing a vehicle, to skill assessment tools and free community-based programs.

“Many adult children, grandchildren and seniors will at some point be faced with a difficult decision about a mature adult’s ability to drive safely,” said Dr. Alexis Abramson, one of the nation’s leading gerontologists. “I can’t stress enough how important it is to be proactive in developing a plan of action based on factual, compassionate and objective information, such as that found at AAASeniors.com.”

About Senior Drivers:

How Many In 1995 there were 16.5 million licensed drivers over 70 years old―a 47 percent increase from 1985.

Driving Habits Older adults wear safety belts more often than any other age group except infants and preschool children, according to the Centers for Disease Control and Prevention.

Most older drivers recognize and avoid situations where their limitations put them at risk. They drive less after dark, during rush hour, or in bad weather, and they may avoid difficult roads or intersections, according to the AAA Foundation for Traffic Safety.

Older adult drivers are less likely to drink and drive than other adult drivers, according to a study in the American Journal of Preventive Medicine in 2005.

Safety Record Older drivers become more accident-prone with age, even though they drive less. Because older drivers are more fragile, their fatality rates are 17 times higher than those ages 25 to 64 .
The accident rate per mile driven rises steadily for drivers 65 and older, and those drivers are involved in more accidents per mile driven than any other age group except teenagers.
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Nationwide traffic fatalities hit the lowest level in almost half a century last year and the fatality rate, which accounts for variables like fewer miles traveled due to the economy and last year’s gas prices, reached the lowest level ever recorded, according to the U.S. Department of Transportation.

However, more than 1 in every 4 fatal Illinois crashes occurred in Cook County. In fact, Cook County had six times more fatal accidents than any county in Illinois. And the number of fatal accidents actually increased in Will County and Kane County, the state’s second and third deadliest.

The federal government is releasing nationwide traffic statistics for 2008 this month, which counted 37,251 traffic fatalities in 2008, a 9.7 percent decline from the 41,259 deaths recorded in 2007.

Chicago accident lawyers at Abels & Annes will present the findings on this blog and our sister blog, www.chicagopersonalinjurylawyerblog,com, in the coming days.

The National Highway Traffic Safety Administration reported the 3,998 fewer road deaths is the largest decline since 1982 and the lowest overall level since 1961.

“While the number of highway deaths in America has decreased, we still have a long way to go,” Transportation Secretary Ray LaHood said.

Illinois traffic deaths declined by 16 percent, from 1,248 deaths in 2007 to 1,043 last year. The 205 fewer deaths in Illinois was the fourth-best decline in the nation after California (561), Florida (235) and North Carolina (243).

Illionois tied with Massachusetts for the 7th largest percentage decline, behind Wisconsin, Virginia, South Datkota, Montana, Nebraska and Delaware.

In the Chicago area:


Cook County: Decreased to 274 fatalities in 2008, compared to 348 in 2007.
DuPage County: Decreased to 24 fatalities in 2008, compared to 37 in 2007.
Lake County: Decreased to 26 fatalities in 2008, compared to 36 in 2007.
Will County: Increased to 44 fatalities in 2008, up one from 43 in 2007.
Kane County: Increased to 40 fatalities, compared to 35 in 2007.

The only states to see an increase in the number of traffic fatalities were Vermont (11%), New Hampshire (7.8%), Wyoming (6%) and Delaware (3.4 %).

The federal statistics show the decline continued in the first quarter of 2009; the January-March estimate of 7,689 deaths represents a nine percent decline from a year ago. It was the twelfth consecutive quarterly decline.
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A teenage driver has filed a personal injury lawsuit after an Illinois trucking accident left her paralyzed.

The injured teen, age 19, filed suit last week against 12 people and companies involved in the muli-car collision on I-270 on Feb. 4, 2008 which left her 2001 Saturn trapped beneath the semi.

The Chicago trucking accident lawyers and car accident attorneys at Abels & Annes encourage anyone who has been in an accident with a semi or large commercial vehicle to seek the advice of a qualified attorney. This case illustrates the serious injuries and complex issues such a case presents to an injury victim seeking compensation for damages.

Insuring a rental car is critical in the event of a Chicago car accident — Illinois visitors and residents alike are encouraged to know the status of their coverage as we hit the height of summer tourist and driving season.

Chicago car accident lawyers at Abels & Annes remind motorists that driving a strange car in a strange area puts rental cars at increased risk for accident.

Insuranceagents.com has issued a reminder of the importance of making sure proper coverage is in place for a rented vehicle.

“The worst thing that could ruin your trip is finding yourself in an emergency and without any rental car insurance,” the agency said. “The costs for even a minor accident could be astronomical. Do you know if you’re already insured for a rental car, or do you need additional coverage?”

Those renting a car need to check their own car insurance policy to see if it includes rental car insurance. Another source of coverage can be your credit card, which can include coverage for cars rented using the card. However, such coverage often applies only to damage to the car and not personal injury or medical expenses.

“First call your auto insurance agent to verify whether your auto insurance policy extends to rental cars as well. In general, if you are traveling for pleasure, such as a vacation or visiting family or friends, your policy will also cover a rental car,” according to the Insuranceagents.com article, ‘Rental Car Dilemma: Would You Like Insurance With That?’ “Be careful though: any gap in coverage in your own auto policy applies to your car rental.”

The article warns business travelers that personal auto insurance often does not cover someone traveling for business and supplemental insurance from the rental agency may be required.

Some typical types of supplemental coverage includes:

– CDW (Collision Damage Waiver) and LDW (Loss Damage Waiver): These waivers cover you for any theft, vandalism, or physical damage resulting from an accident.

– PAI (Personal Accident Insurance): This coverage applies to any medical costs related to an accident with the rental vehicle.

– SLI (Supplemental Liability Insurance): This type of coverage extends your liability coverage, usually up to $1 million.

-PEC (Personal Effects Coverage): If your personal property is stolen or damaged while inside the rental vehicle, it will be covered under this insurance coverage.

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Fourth of July holiday weekends claim an average of 500 to 700 lives in traffic fatalities and almost half are alcohol related, according to the National Highway Traffic Safety Administration.

2006 was the deadliest this decade with 659 fatalities, compared to the 200 that were recorded in 2007 when Fourth of July fell on a Wednesday.

The Illinois Department of Transportation is urging motorists to buckle up, stay sober, comply with posted speed limits and use extra caution in construction zones.

“While we want everyone to enjoy their holiday weekend, we must put safety first and remind motorists to not drink and drive and to be conscious of work zones,” said IDOT Secretary Gary Hannig. “We will limit lane closures where possible to provide some relief to those travelling over the holiday weekend, but some areas will still have workers present, so please obey the posted speed limits and drive cautiously.”

Illinois State Police will be conducting a DUI crackdown.

“The sad reality is that numerous lives are impacted every day in Illinois because of an impaired driver,” Illinois State Police Director Jonathon Monken said. “Even with the raised awareness about the consequences of drinking and driving, there are still those who choose to drive while impaired. That’s why the ISP will increase our enforcement efforts by working closely with our local partners during the July 4th holiday.”

The You Drink & Drive. You Lose crackdown began June 19 and runs through July 5. It is being supported by nearly $1 million in federal safety funds being made available by IDOT’s Division of Traffic Safety.

For more information about the impaired driving in Illinois, please visit www.drivesoberillinois.org.IDOT will suspend construction-related lane closures starting at 3 p.m. Thursday, July 2 to midnight, Sunday, July 5.

Wherever a road is closed, a detour will be posted. In some areas, there will be lane restrictions.

Due to the nature of some projects, there will be a number of work zones that will continue to have lane closures. Motorists are advised to slow down and be alert in those work zones, and are reminded that work zone speed limits are still in effect.

For more information about ongoing construction projects, motorists can check IDOT’s traveler Web site http://www.gettingaroundillinois.com. Interstate road information is also available at 1-800-452 IDOT (4368).

The NHTSA tracks traffic fatalities for New Year’s, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas.

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After failed attempts to reach a settlement, car accident lawyers at Abels & Annes have filed a lawsuit against a driver who is insured by State Farm. The claim arises out of an automobile vs. motor scooter collision which took place on June 25, 2008.

Our client was riding his motorized scooter westbound on Lawrence Ave. in Chicago, Illinois. The car in front of him had stopped to make a left turn and then came to a stop behind the car stopped in front of him.

The defendant was driving her Buick Century westbound on Lawrence Ave. She failed to stop for stopped traffic and struck the plaintiff. The front end of her vehicle hit the rear of the scooter. The force of the impact threw our client off the scooter and injured him. He landed on the pavement on his back.

The lawsuit alleges the defendant failed to keep a proper lookout, failed to stop for stopped traffic, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area, including the Plaintiff.

Following the collision the plaintiff had an immediate onset of head, neck, back and left foot pain. That night his condition worsened and he was unable to sleep.

Due to his worsening symptoms our client sought medical treatment the next day at an Urgent Care Center. He complained mostly of head and back pain. A history was taken, he was examined and diagnostic tests were performed.
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The tough economy is forcing people to reduce their automobile insurance, increase their deductibles, shop for cheaper coverage and, in some cases, even cancel their insurance.

The Chicago car accident attorneys at Abels & Annes urge motorists to carry as much uninsured or underinsured motorist coverage as they can afford. Reducing expenses by reducing auto insurance is shortsighted at best — the cost is minimal compared to the expense of being hit by an uninsured or underinsured driver.

The Insurance Research Council reports that a recent survey found 15 percent of those surveyed said they had increased their deductibles or reduced their coverage in order to reduce their premium costs.

Nine percent of those surveyed said they canceled or did not renew vehicle coverage in response to the economic downturn.

Encouragingly, the survey found most homeowners and drivers have continued their insurance coverage, even if they shopped for a lower rate.

“These findings confirm that most Americans recognize the importance of maintaining essential insurance coverage on their homes and cars,” said Elizabeth A. Sprinkel, senior vice president of the IRC. “But they also show that Americans are willing to shop and reevaluate their insurance needs in order to reduce insurance costs.”

And a proposal awaits the signature of Illinois Gov. Pat Quinn that would make failure to carry auto insurance a criminal offense, punishable by up to a year in jail and a $2,500 fine. Current law allows for a fine of up to $1,000 and license suspension of up to 6 months.

Chicago car accident attorney Dave Abels was recently interviewed about the new law and blogged about the inadequacy of the state’s mandatory minimum insurance of $20,000 per person and $40,000 per accident.

The new law is tougher, but still not tough enough.

Here is the big problem with the insurance law in Illinois. The minimum coverage is still $20,000 per person, and $40,000 per occurrence. No amount of money is going to bring a loved one back or make a family whole again, but $20,000 is a slap in the face. (I have handled car accident death cases where the victim incurred over $500,000 in medical bills before passing away).

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