Illinois budget impasse threatens to halt road construction

June 16, 2017 by Levinson and Stefani Leave a Comment

A July 1 deadline looms

The Illinois Department of Transportation announced this week that statewide roadwork might come to a halt at the end of June, a consequence of the Illinois budget crisis, now on the verge of entering its third consecutive year. As a result, the state won’t be able to pay contractors by a July 1 deadline.

Chicagoist reports that the IDOT has informed construction crews that all roadwork must stop by June 30, pending a stopgap measure or a budget resolution. A stopgap measure was used last summer to prevent a similar situation from escalating.

This all comes as Governor Bruce Rauner calls for a special session of the state legislature beginning next week to hammer out a budget, a prospect that seems unlikely given the staunch refusal of both Republicans and Democrats to relinquish ground on several fronts.

Credit rating agencies have indicated that the state’s failure to compromise will lead to yet another downgrade; Power Ball and Mega Millions have threatened to drop Illinois from its roster of participating states. But the issue we’re most concerned about is safety. More people are expected to road trip this summer with gas prices remaining low. On top of that, we’re in the midst of the most deadly and dangerous travel seasons of the year, as newly licensed teenagers, take advantage of the opportunity to hit the road during the hot summer months.

In other words, the delay of construction or any other matter pertaining to the safety of highways and interstates could lead to even higher traffic casualty rates than expected. Few things are more to state government than protecting its citizens. Let’s see if the state can put the partisan politics aside and do just that.

What are Joliet’s most dangerous intersections?

June 15, 2017 by Levinson and Stefani Leave a Comment

W. Caton Farm Rd. and Frontage Rd. Photo: Google Maps

Our attorneys analyze the Top Ten

Joliet residents, take note: One intersection is more dangerous than all others. Over the last six months, 14 total collisions have occurred at the intersection of W. Caton Farm and Frontage Road, making it number one on our list of Joliet’s ten most dangerous intersections between January and June of this year. Rounding out the top three are IL-59 and Vermette Circle and IL-53 and S. Chicago Street. Our designation of “most dangerous” is determined by total number of collisions.

Date range: January 1, 2017-June 1, 2017; stats compiled with help from the Joliet Police Department

No. 1: W. Caton Farm Rd. and Frontage Rd.

Caton Farm is a four-lane road, divided by a single yellow line, on a relatively unmarked stretch of road. Frontage funnels to Caton Farm by way of a winding curve, enforced by a single stop sign. There are no prominent street lamps in the vicinity and the frequency with which accidents take place is likely aided by a small hill to the left, obstructing the view of oncoming cars. The stats also suggest that the collisions are not only frequent but severe. Nine injuries have occurred in at least 14 cases in which a police report was filed. Going a step further, we can reasonably conclude that Caton Farm Rd. is one of the most dangerous roads in Joliet; based on information gathered on 40 different intersections, Caton Farm Rd. accounts for 30 total collisions.

IL-59 and Vermette Circle. Photo: Google Maps

No. 2: IL-59 and Vermette Circle

The intersection of IL-59 and Vermette Circle netted seven collisions and two reported injuries. Traffic is fast, heavy, and congested, a four-corner intersection that sees commercial trucks and small autos cross paths regularly. Making matters more complicated, the juncture is surrounded by populated and attractions like shopping centers, fast-food chains, and a nearby preschool that funnels towards the interstate. These types of intersections are notoriously dangerous for the reasons we mentioned above, but perhaps more so because the juncture lends itself to one problematic tendency: speeding while another car is in the midst of a left-hand turn.

IL-53 and S. Chicago St. Photo: Google Maps

No. 3: IL-53 and S. Chicago St.

IL-53 and S. Chicago street saw six collisions and one injury over the last six months. Based on a birds-eye-view from Google Maps, it’s evident that a major point of tension is the layout of corresponding streets like 4^th avenue, which runs like an S-shape between the intersection. Like the previously mentioned top two on our list, IL-53 is a four-lane road with traffic running in opposite directions, making traffic dense and frequent.

Do you encounter any of these intersections on a regular basis? Tell us what you see and some suggestions that might improve road safety.

Note: This is the first in a series of posts in which our attorneys will look at dangerous intersections around the Chicagoland area. Check back for more posts with further updates and outlooks.

Five things you should know about truck crashes

June 14, 2017 by Levinson and Stefani Leave a Comment

Our firm’s founding partner addresses a few burning questions

Some things are obvious. Other things are not. Like the fact that commercial truck drivers are bound by stricter laws and regulations. And in the case of impending litigation, it’s best left to an attorney to sort those things out. Because no matter what you may believe, a truck and car crash are two very different things. Ken answers some common questions and concerns we hear on a regular basis.

From a legal perspective, what’s the biggest difference between a truck and car crash?

For starters, federal regulations apply to professional truck drivers and not the average driver. That means truck drivers are required to be extra careful because the consequences of a crash can be severe. That also means the guidelines to obtain a commercial license are much stricter. For instance, there are safety rules that prohibit truck drivers from driving too many hours, which means they’re required to take breaks to ensure safety. Drivers are also required to keep detailed records and logs related to their driving history. Ultimately, a truck crash involves much more paperwork and documentation than a typical crash between two motorists, which can be advantageous but also detrimental if the records aren’t handled or requested properly and timely.

What are some misconceptions about trucks more generally?

It probably goes without saying that the injuries involving a commercial truck are often much more severe than a car, but I’m amazed by how many people overestimate trucks and their ability to make quick, spontaneous adjustments. Fact is, they can’t. Trucks can’t stop on a dime, they can’t make sudden turns, and they certainly can’t maintain high speeds with any semblance of control. On the flip side, a lot of people underestimate the weight and size of a commercial vehicle, which by definition weighs over 10,000 pounds, failing to keep a proper distance to allow for unexpected maneuvers. The running theme is that many people take for granted that trucks can be very dangerous, and they need to be treated and respected much differently than average cars and drivers. The reverse is also true, meaning inexperienced and improperly trained commercial drivers also don’t appreciate that trucks are not as easy to operate as a normal car.

If you’re involved in a truck crash what should you do?

The first thing you should do is make sure you get away from oncoming traffic or other hazards. Find a safe area, that’s number one. If a someone is trapped, put your hazards on, light road flares, lay out cones—any kind of warning sign for other drivers. After you’ve made sure that everyone is safe, you should call the police and medical personnel immediately. Next, take down the information of the driver and their company: name, license plate number, phone number, insurance provider. You’ll want to report the crash to your insurance company and take pictures of the scene, damage to the vehicles, and anything that might seem relevant to record. If there were any witnesses, make sure you get their name, phone number, and as much identifying information as possible. Another thing I would say: You’ll likely be upset and distraught; keep your cool. You don’t want to make a bad situation worse.

Are trucking cases more difficult to litigate than car crashes, and if so, why?

Emphatically, the answer is yes. Insurance policies for auto crashes are relatively straight-forward for attorneys like us, but for trucking accidents, it can get very complicated. The truck could be leased by an independent contractor, for example, or other companies may be involved with hauling the freight. We investigate those details and make sure that everything is accounted for, including available insurance limits to cover damages, such as lost income, medical bills, and other expenses. The bottom line is that truck crashes are much more complex to litigate because there are lot more moving parts. Our job is to make sure that no detail goes unnoticed.

What are some things a lawyer can do for you?

As I mentioned earlier, a lawyer will look at who is responsible for the crash given there might be several entities and a truck driver involved. The other thing we do is look at what caused the crash more specifically, as in whether the driver may have had a medical condition or something that initiated the crash. Sleep apnea is a big issue that we deal with constantly. We work with experts—accident reconstructionists, mechanical experts, human factors experts, conspicuity experts—to find out what happened. We also look at the driver’s record, whether they have points docked on their commercial driver’s license, whether they’ve show previous instances of negligence and safety violations, and whether their employer ignored warning signs that may have prevented the crash from happening at all.

Ken Levinson is the Founding Partner of Levinson and Stefani. He has successfully handled dozens of cases involving commercial truck crashes and is a leader of the American Association for Justice’s Interstate Trucking Litigation Group.

Chicago unveils Vision Zero action plan

June 13, 2017 by Levinson and Stefani Leave a Comment

The goal is to eliminate traffic crashes by 2026

Chicago finally has a plan. On Monday, the city unveiled its blueprint for Vision Zero, a three-year commitment to eliminating traffic crashes by 2026.

Initially expected in the fall of 2016, Chicago’s Vision Zero Action Plan is part of an international road safety project developed by the Swedish government in 1994. The approach is designed to change the way people think about road safety, “summarized in one sentence: No loss of life is acceptable.” Since its debut more than 20 years ago, Vision Zero has been adopted by major cities in Europe and the U.S., including New York, Boston, Los Angeles, and Seattle, each tailoring goals to fit their respective infrastructures.

For Chicago’s purposes, Vision Zero is a coordinated effort between 11 city departments, including the Office of the Mayor, the Chicago Department of Transportation, the Chicago Police and Chicago Fire Departments. Each provided input to formulate what is now the foundation to make the city’s streets and roadways safer for drivers, cyclists, and pedestrians, which have become increasingly dangerous in recent years.

Death and serious injuries from traffic crashes jumped by 8% between 2010-2014. In total, 9,480 people were seriously injured and 554 people were killed. Data and analysis provided by the city also recognizes that many crashes are disproportionate based on income level and communities that suffer economic hardship.

A notable highlight is that the plan also recognizes traffic deaths and injury as a public health issue, going as far as saying that the risks associated with traffic crashes pose a public health concern for everyone living in the city. That categorization ultimately lends itself to more community engagement and how agencies consider the impact of their programs to improve the security of Chicagoans.

But perhaps even more significant is one of Vision Zero’s core principles, which states that a traffic crash is not an “accident,” but a predictable and preventable occurrence, a guiding philosophy that is now at the heart of the city’s mission.

A few highlights from Chicago’s action plan is below, with more analysis to follow. You can find the Action Plan here.

Action Plan Benchmarks:

Reduce deaths from traffic crashes 20% citywide by 2020
Reduce serious injuries from traffic crashes 35% by 2020

Citywide Policies:

Approach death and serious injury from traffic crashes as a public health issue
Design streets so that speeds are safe for all users of the roadway
Lead by example on vehicle safety equipment and driver training
Police traffic laws fairly, focusing on education and the dangerous driving behaviors that cause most severe crashes
Commit to investing resources equitably

Video: How car insurance can help cyclists in times of crisis

June 12, 2017 by Levinson and Stefani Leave a Comment

Your coverage isn’t limited to auto crashes alone

Please note: Transcript edited for clarity, brevity, and readability.

Why is car insurance important for cyclists?

It may seem counterintuitive, but if you’re riding your bike and [the driver who hits you] has car insurance, that makes it straightforward, meaning their car insurance, is going to cover your injuries. Where your car insurance comes into play: If you get hit by a car that doesn’t have insurance, your insurance can step in [the place of the uninsured driver].

Can you provide an example?

This pops up most often in two scenarios. The first one is a hit-and-run. if you’re riding your bike and somebody hits you and takes off, your car insurance can step in and cover your medical bills related to your injuries. The second scenario is if you’re hit by a car and the driver has no car insurance. In both of those scenarios your car insurance can help.

Do you think cyclists are unaware that car insurance can help them in a crash situation, and if so why?

When most people think car insurance, they think of a car crash, meaning they’re in a car. But your car insurance covers you whether you’re in a car or not. One important factor is that you likely have what’s called a Medical Payment Provision or MedPay, which means the other driver’s insurance will pay up to a certain amount of your medical bills so you don’t have to worry about submitting bills to your health insurance or getting doctor’s bills paid right away—whether it’s an ambulance, emergency room visit, a visit to your doctor. On the flip side, your car insurance can cover the first level of your medical bills.

What should cyclists do in a hit-and-run situation?

The first thing you need to do is make sure you get medical attention. Beyond that, you want to make sure that you file a police report. That’s something that your insurance will often require. Give as much detail as you can. If you’re able, see if there are witnesses. The police may be able to do that, but they may not. A good attorney will likely send an investigator to see if there are surveillance cameras, whether it’s city red-light cameras or stores in the area. In a hit-and-run situation, you want to clearly document and prove that you were in a crash that was somebody else’s fault.

What are some of the most common problems that cyclists face in these types of cases?

The biggest problem is they wait too long. Most states have what’s called a statute of limitations. It’s basically a deadline to file a lawsuit. Here in Illinois, for example, it’s generally two years. There are some exceptions. One of the other mistakes: if the injured party can identify the car that hit them and they don’t file a police report, or they don’t exchange information. You want to treat a bike injury as if you were driving a car. You want to exchange contact information, insurance information, and you want to contact the police so there’s a police report. Get some pictures, if possible.

What are some things that cyclists can do to protect themselves?

I think most people are aware of the GoPro craze. This is a big issue with bicycles, especially because it’s not uncommon for drivers to blame cyclist. It happens regularly. I think a lot people of people have a perception that cyclists are crazy, unsafe, ignore all the rules. Something like a helmet camera can provide incredible evidence to prove that you weren’t doing anything wrong, and that the driver is the one at fault.

Chicago’s cycling initiative takes aim at South and West side

June 9, 2017 by Levinson and Stefani Leave a Comment

Free lessons this summer highlight the city’s ride-sharing program

Since Mayor Rahm Emanuel took office in 2011, Chicago has installed 115 miles of protected bike lanes to pair with 300 miles of on-street bikeways and trails. The message from the mayor’s office seems clear: Chicago is a biking town, and it’s got more room to grow. That growth appears headed for the city’s South and West sides.

Between June 12-August 28, the Chicago Department of Transportation is offering free, two-hour bike riding classes for adults at the Center for Green Technology and Kennedy King College, part of an effort to highlight the Divvy ride-sharing program. Bicycling Ambassadors will provide instruction, and, in the words of the city, “encourage adults who have never ridden a bike or not ridden bikes recently to feel comfortable riding a bike on the city’s streets.”

The classes may be part of a broad marketing campaign in coordination with Divvy sponsor Blue Cross Blue Shield (which will be giving out free helmets), but it’s an honest one that looks to correct one of it’s biggest criticisms. Divvy has expanded in recent years, completing its second major renovation in 2016 by adding 85 new bikes stations around town. Yet despite having at least 580 stations and 5,800 bikes total, according to information provided by the city, people like Bernard Lloyd, co-founder of Bronzeville Bikes, and community activist Dolores Lucas, believe that Divvy figures more prominently in places like Lakeview and Lincoln Park, whereas it’s mostly an afterthought in minority neighborhoods like Roseland, West Pullman and Riverdale, and Archer Heights.

Offering free classes on the South and West side isn’t going to fix the discrepancy overnight, but it does move the needle in the right direction. What’s more, it’s an opportunity for people to take advantage of a program that’s trending upward. In the long-term, that means at least two things: the city’s status as one of the best cycling cities in the country will remain intact, and perhaps, we’ll begin to see a residual effect as it pertains to safety.

Back in 2015, the Bicycle Advisory Council crafted a plan that aims to reduce the number of bicycling fatalities by 50 percent from where it stands now. To do that, part of the plan includes creating a cycling network, serving all residents and neighborhoods. In theory, that means more cyclists and more changes to the infrastructure of the city.

Divvy is the one of largest ride-sharing program in North America, and some 10 million trips have been taken since its launch in 2013. Hopefully, we’ll add more to that total soon.