In a relatively rare bit of good news for Detroit, a traffic safety group announced recently that it rated 72 model-year 2009 vehicles as “Top Safety Picks.” The Insurance Institute for Highway Safety, an insurance-industry research group, rates brand-new cars each year according to how well they protect passengers in front, side and rear impacts. The press release announcing this year’s picks noted that the 72 models that made the cut this year are more than twice as many as the 2008 crop, and nearly three times the number with the top rating in 2007.

To qualify as a top safety pick, cars, trucks and SUVs must have electronic stability control as a standard or optional feature. Electronic stability control uses computers to automatically detect skids and correct steering by applying brakes in a way that sends the vehicle where the driver is trying to go. Vehicles also must get top scores in IIHS crash tests for front, side and rear impacts, taking into account the availability of safety features like side curtain airbags and correctly designed head restraints. Frontal-impact crash tests are conducted at 40 mph; side crash tests at 31 mph; and rear crash tests measure force on the neck during a 20-mph rear-end accident.

As an Illinois car accident lawyer, I’m interested in vehicle safety ratings in part because not every vehicle deserves an A. Substantial safety defects in new cars (and older ones) are more common than you might think. You may remember the Bridgestone/Firestone tire recall about a decade ago, which affected hundreds of thousands of cars and trucks; those tires are actually blamed for multiple deaths from tire blowouts that caused drivers to lose control at high speeds. Other dangerous flaws in vehicles include improperly attached seatbelts; SUVs and vans prone to rollover accidents; and improperly placed fuel tanks that can burst into flames.

Illinois residents convicted of driving under the influence of alcohol will have a tougher time repeating their mistakes starting in 2009. As the Rockford Register Start reported, a new state law takes effect Jan. 1, 2009, requiring first-time offenders to install a breathalyzer-like device in their vehicles if they wish to continue driving to essential destinations like work during a license suspension. This ignition interlock device requires drivers to breathe into a tube that tests their breath for alcohol before the vehicle will start. Drivers must pay for the installation and lease of their own devices, as well as a monthly monitoring fee; they may also choose to bypass these costs by not driving at all while their licenses are suspended.

According to Mothers Against Drunk Driving, Illinois is one of eight states with a law requiring an interlock device for anyone convicted of DUI. Ten others, including Missouri and Kansas, require it for offenders with a high blood-alcohol concentration or for repeat offenders, and Oregon requires one for people whose licenses are reinstated after a DUI license suspension is over. The new Illinois law is close to MADD’s model law, which calls for a device to be installed within about a month of any DUI conviction.

Drunk driving, and driving under the influence of drugs, is an accident risk so well-known that it’s almost a cliche. As an Illinois auto accident lawyer, I see the destructive effects of intoxicated driving more often than I’d like — wrongful deaths, serious burns, head injuries and other very serious injuries. A breathalyzer device on the ignition can cut down on those tragedies by providing an objective test of whether the driver is safe to drive.

A new study weighs in on an ongoing debate: Is talking on a cell phone truly more distracting than talking to someone in the car with you? According to researchers at the University of Utah, the answer seems to be yes. The study, published Dec. 1 in the Journal of Experimental Psychology: Applied, asked drivers ages 18 to 26 to chat while they used a sophisticated highway driving simulator. They were asked to tell a friend — either over the phone or in the “car” — about a life-threatening situation they’d been in. A control group of drivers not talking at all was also included.

The study found that drivers talking on the phone were four times more likely to miss their exit than drivers talking to a live human in the next seat. About half of the subjects talking on a hands-free phone missed their “highway” exit, while just one-eighth of the drivers talking to a traveling companion missed it. Drivers on the phone were also more likely to drift from their lanes and leave too much following distance between them and the vehicles in front of them. Interestingly, the study found no substantial difference in the driving of people talking to passengers and people not talking at all.

The researchers had several possible explanations for their results. One is “inattention blindness,” a phenomenon in which the brain’s ability to process visual information is actually reduced while the person is talking on the phone or distracted by another abstract task. Another explanation is that passengers in the vehicle can help drivers concentrate by steering or changing the conversation in response to events on the road. In fact, the study found that passengers did talk about traffic with the drivers. It also found that drivers on the phone tended to change the complexity of their sentences and talk more when driving tasks became difficult. Researchers speculated that this might be an attempt to control the conversation, so they didn’t have to pay close attention to it.

The family of a woman killed in a 2007 drunk-driving accident is pushing for felony DUI charges against the two motorists involved in the accident. According to CBS 7 Chicago, the woman was a passenger on a motorcycle operated by Eugene Bikulcius when a car driven by Carol Miller made an illegal left turn into their path. The two on the motorcycle were coming from a bar, and the pattern of the accident suggested that they were traveling at a high speed. Miller was arrested the night of the accident for misdemeanor DUI, but Bikulcius was not.

The victim’s family suggests that Bikulcius wasn’t charged because he was an off-duty Chicago police officer. In fact, according to the report, Bikulcius wasn’t charged with any crime or breath-tested the night of the accident. It was only after several months of intervention by the victim’s family that the state’s attorney in the case found a hospital blood test showing a blood-alcohol concentration of three times the legal limit, and charged him with misdemeanor DUI. The family believes a felony DUI charge would be more appropriate, since felony charges are usually filed in a DUI case involving a death. But the state’s attorney told the station that an inadequate investigation left them without the evidence they needed for the more serious charge.

Regardless of whether this officer — who is now on paid leave and relieved of duty — is truly the beneficiary of police interference, drinking and driving is always a bad idea. As a Chicago car accident lawyer, I am generally sympathetic to motorcyclists in this type of accident. A car turning left in front of a motorcycle is one of the most common car-motorcycle crash patterns, and it’s often caused by the driver’s failure to look carefully for traffic. However, a BAC reading of 0.24 (three times the 0.08 limit in Illinois) makes a DUI charge appropriate in this case.

A suburban Chicago man recently died in a crash with a school bus full of college students from the University of Wisconsin at Madison on Dec. 6. According to the Wisconsin State Journal, the chartered bus was taking 17 students from UW’s German Club home from Chicago’s Chirstkindlmarket, traveling along Interstate 90 just outside Chicago. A sedan entered the highway, immediately veered across traffic lanes and ended up sideways in the path of the bus. The crash killed the driver instantly, the article said. Luckily, no one on the bus was seriously hurt and no other vehicles were involved.

The article doesn’t give a cause for the accident, but given the description of the accident and details in the article, weather looks like an important factor. Unfortunately, Illinois has seen several weather-related traffic deaths in the last few weeks, including one that killed two elderly parishioners from an Edgewater church. Life must go on even when the roads are snowy or icy, but drivers should be aware of the danger. The Illinois Department of Transportation maintains a page with tips for safe winter driving.

As a Chicago bus accident lawyer, I happen to know that bus accidents are statistically rare. According to research from the National Highway Traffic Safety Administration, buses were involved in just 0.5% of all accidents in 2006; only “other vehicles,” such as motor homes and tractors, have lower accident rates. The numbers for intercity buses are even lower — 0.1% of fatal crashes. Part of this may be because buses are driven by professionals with special licenses, which means drivers have special training. They are also generally at work when they drive, which gives almost everyone an incentive to behave better than they might when driving on their own time.

According to new federal statistics, your risk of being involved in a fatal traffic accident just got lower. In November, the federal Department of Transportation reported that traffic fatalities actually went down for most groups between 2006 and 2007. The new numbers come from the National Highway Traffic Safety Administration, the federal agency responsible for tracking and preventing auto accidents, through its latest collection of Traffic Safety Facts. These factsheets use data compiled from more than 40,000 crashes around the United States in one calendar year to present crash and fatality rates for specific groups. Groups covered include occupants of cars, large trucks and motorcycles, pedestrians, cyclists, older people and children.

The NHTSA’s research has good news for almost all of those groups. Nearly every group has seen a drop in fatal accidents. Between 2006 and 2007, fatal accidents affecting pedestrians dropped by 2.9%; bicyclists and other cyclists, 9.5%; and large commercial trucks, 3.8%. Among children 14 and younger, there was a 6.9% decrease in fatalities in all types of traffic accident; among drivers 65 and older, the decrease was 1.6%. While the factsheet for auto accidents is still on its way, a preliminary report published in August says accidents among passenger cars, trucks and SUVs dropped by 5.7%, which includes a 7.8% drop in fatal accidents involving just cars. Unfortunately, Illinois alone saw a negligible 0.4% drop in fatal accidents.

The major exception was motorcycle riders and their passengers. (The NHTSA includes riders of scooters and mopeds in its motorcycle statistics.) Motorcyclists actually saw a 7% increase in fatalities between 2006 and 2007. In fact, this reflects a steady climb in motorcycle fatalities over the last decade. The factsheet doesn’t say why this might be, but a separate report (PDF) by the NHTSA shows that more motorcycles are being registered, new motorcycles are likely to be larger, and that the rate of brand-new riders over 40 jumped by more than 200% during the past decade. The report doesn’t speculate on how these facts might influence accident rates, but they’re certainly something for older motorcyclists to consider.

A man who hit a college student with his car and kept on going was sentenced to eight years in prison on Dec. 3, according to CBS2 Chicago. The defendant pleaded guilty to aggravated DUI in the March incident. The victim and a friend had just stopped two men from attacking a woman outside the bar. When they were approached by the men’s friends, the victim and his friend moved toward their car to escape. But before the pedestrian finished crossing the street, the driver ran a stop sign and hit him. The motorist later crashed into a utility pole and abandoned the car. He later told police that he’d had five drinks and smoked marijuana before heading home.

In this case, the driver was charged criminally for the DUI and its results. But when criminal charges aren’t filed, or when they’re not enough, victims may also choose to file a Chicago car accident lawsuit. A lawsuit over a wrongful death — any death caused by someone else’s careless or illegal actions — is always a sensitive matter, because no lawsuit can bring back a lost loved one. But a legal claim can help victims deal with the practical effects of a death that came too soon, including medical and funeral bills, loss of an income and other financial costs caused by the death. It can also help compensate victims for their intangible but very real emotional losses.

And perhaps most importantly, it can hold wrongdoers responsible for their actions in cases where charges aren’t filed, or where they just don’t seem like enough. If you have lost someone to drunk driving accident or another fatal crash caused by someone else’s carelessness, you have the right to pursue a Chicago auto accident lawsuit. Contact us at Abels & Annes today for a free consultation on your case.

Two different drivers were charged in two different accidents taking place in the same part of the Edens Expressway early on Thanksgiving. According to the Chicago Sun-Times, an Evanston man was arrested and charged with driving under the influence after he swerved into oncoming traffic at around 3:30 a.m., forcing another driver to swerve into a ditch. Both were hospitalized and not believed to be seriously injured.

Just an hour and a half later, a Chicago man fell asleep at the wheel and hit a parked vehicle belonging to an Illinois State Police trooper. Fortunately, nobody was killed, but the driver was cited for failure to yield and improper lane usage, as well as failure to drive cautiously around an emergency vehicle. The last citation stems from Scott’s Law, also known as the “move over law,” which requires drivers to slow down, change lanes if possible and drive with caution when approaching a stopped emergency vehicle with its lights on. The maximum penalty for breaking this law is a $10,000 fine and loss of a driver’s license for up to two years.

These drivers may not feel lucky, but considering what could have happened in both cases, I think they’re lucky. A DUI constitutes major legal trouble, but if this driver had killed someone, he would have had to live the rest of his life with that fact. And even if authorities chose not to charge him with vehicular homicide, the driver would still be liable in an Illinois drunk driving lawsuit brought by the victim’s family.

In Chicago, Illinois a multiple vehicle car accident shut down a major expressway on Monday, according to CBS News. The car crash was on the Elgin-O’Hare Expressway and it was reportedly caused by icy conditions. The accident involved at least 10 vehicles and it backed up traffic for miles. It occurred in the area of Gary Avenue near Hanover Park in the eastbound lanes, and the delay was so bad that many vehicles turned around into the westbound lanes. Three motorists were injured in the accident, non of them life-threatening.

The weather caused many crashes on several expressways in the Chicago area. On the Edens there were rollover crashes and vehicles sliding off the highway. IDOT reported that salt spreading on the highways was less effective than usual due to the extreme cold weather.

There has been several days of hazardous driving lately in the Chicago area. On Sunday it was icy, extremely cold, and high winds made it very difficult for drivers to keep their vehicles under control.

Two older women from Chicago were killed and two others injured in an accident that authorities attribute to snowy conditions on the road. According to the Elgin Courier-News, the women were driving south when their car slid on the pavement and landed in the path of northbound traffic, where it was hit by a semi truck. The truck driver was not injured, but two of the women in the car, both 70, were killed. Two others were hospitalized in critical or serious condition in Rockford.

Unfortunately, this sort of tragedy is a common outcome of an accident between an ordinary passenger car and a large truck (a semi, tractor-trailer or 18-wheeler). Trucks are many times the size and weight of a passenger vehicle. In an accident, simple physics means their greater weight brings greater force to the collision. Their bumpers also tend to be so much higher that cars’ bumpers can’t do their job — absorbing some of the shock of the impact. Rather, trucks’ bumpers are very frequently at the same level as the torsos, necks or heads of the people in the cars.

This can be disastrous for the occupants of the smaller vehicle, who are frequently killed or very seriously injured in accidents with trucks. According to the federal Department of Transportation, only 6% of fatalities in multi-vehicle trucking accidents in 2007 were the deaths of people inside the trucks. That’s true regardless of who was at fault for the accident. Statistically, truck drivers are much safer drivers than average, but when they do make mistakes, the consequences for the victims are very serious.

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