Congratulations to Our Founding Partner, Ken Levinson, on Being Named a Committee Chair of the Chicago Bar Association Once Again!

July 9, 2019 by Levinson and Stefani Leave a Comment

Ken has just received the congratulatory plaque from the Chicago Bar Association.

Our firm would like to congratulate Ken on becoming the Chair of the Chicago Bar Association – Solo & Small Firm Practice Committee for the seventh year in a row! Ken is coming up on a decade of leadership and being chair of the committee. He is always looking to help and serve this wonderful community.

The CBA’s Solo & Small Firm Practice Committee is known for hosting an educational lunch-and-learn once a month throughout the year. At these lunch-and-learns, a variety of topics are covered to help small or solo practices. These topics can range from how using technology can help clients and firms to ethics. The sessions will have training available to attorneys to help serve them in making sure that they are up to date with the updated rules of professional responsibility, especially with technology and other often-changing issues. These lunch-and-learn sessions also delve into how attorneys can best market their small or solo practices and help provide guidelines on how to run them more professionally. Additionally, the committee has invited judges to speak at some of these sessions, giving attorneys the opportunity to hear the advice these judges have to give, as well as being able to sit in on some round-table discussions. This is just a glimpse into what the committee has in store for the upcoming year.

“I feel it’s not only important, but an obligation in this wonderful profession to help other attorneys, especially younger lawyers starting out in practice.” – Ken Levinson

These monthly meetings hosted by the Solo & Small Firm Practice Committee are also incredible opportunities for all attendees to meet each other, learn more about their practices, and be a community that can help and serve one another and the clients. It also allows provides a space where attorneys can discuss different approaches to coping with the stress that often comes with practicing law and support each other. Additionally, in the spring, the committee will host a half-day educational program, where there will be speakers who will provide lawyers with some incredible tips and guidelines for the best way to improve their practices.

Governor Pritzker’s Capital Plan, Rebuild Illinois, and Its Effects on Transportation in Illinois

July 8, 2019 by Levinson and Stefani Leave a Comment

Train moving on the tracks at a CTA Station in Chicago

On June 28, 2019, Governor J.B Pritzker signed a $45 billion capital plan, known as the Rebuild Illinois plan, into law. The plan will be used to fund several different projects, including work on roads, bridges, and Illinois transportation over the next six years. In fact, transportation will be receiving the most funding, with an estimate of $28.6 billion to be spent on expected projects to fix Illinois’ infrastructure. According to an article in Crain’s Chicago Business written by Greg Hinz, the estimated breakdown of the $28.6 billion is currently set at “$23 billion for roads and bridges, $3.4 billion for mass transit, $442 million for the Create freight rail decongestion plan and another billion for other railroad and aviation projects.”

As part of a way to pay for the funding needed for these projects, the state had doubled the motor fuel tax from 19 cents to 38 cents a gallon for both gasoline and diesel fuel starting July 1, annually bringing in an additional $560 million for the state and $90 million for local government. This tax has been met with mixed reaction, with some, such as the trucking industry, celebrating the tax in hopes it will help improve road safety (as mentioned in a previous blog), while others who favor being fiscally conservative have criticized the move. Additionally, ride-hailing trips will be placed with a new levy of $1 a ride, which is projected to generate $214 million a year. According to briefing papers released by Pritzker’s team and quoted in this article, ““Rebuild Illinois will put the state on a path toward repair and recovery to ensure Illinois continues to be an economic leader in the state,” the paper says, contending that the project will create 540,000 direct and indirect jobs. “Since 2013, 13 states have raised or reformed their motor fuel tax,” it adds, with neighboring Michigan, Minnesota and Wisconsin leading the parade but Illinois having “one of the lowest motor fuel taxes in the country.””

Projects Specific to Chicago

Locally, projects that will receive parts of the fund that will most likely affect Chicago as soon as they start to take place are “the rebuilding of 16 miles of I-80 from Ridge Road to Lincoln Highway and related work for $1.01 billion; $2.87 billion in Regional Transportation Authority work, split mostly between Metra and the Chicago Transit Authority, and $277 million to begin passenger rail service from Chicago to the Quad Cities.” As part of it, the CTA stated that it will most likely use the funding allotted to rebuild tracks, stations and cars, with the Green Line and Blue Line specifically highlighted for repairs and improvement. Other projects specific to Chicago are the reconstruction of Kennedy Expressway, including adding lanes on the connector road from I-90 to O’Hare Airport. Approximately $92 million has also been set to rebuild the intersection at Stony Island Avenue and South Chicago Avenue, which Time Magazine considered the most dangerous intersection in Illinois after collecting data measuring traffic accidents that involved automobiles and pedestrians collected from the National Traffic Safety Administration spanning over 10 years. Major bridge improvements are also set for under the Old Post Office at 433 W. Van Buren Street.

Additional Areas of Transportation

Below is a list further breaking down which areas the funding for transportation will most likely be spent according to an article in Mass Transit Magazine:

New roads and bridges
Illinois Department of Transportation’s Multi-Year Plan for roads and bridges
Mass transit, including the Regional Transportation Authority (CTA, Metra and Pace)
Passenger rail, including Amtrak and other inter-city rail projects
Aeronautics
Chicago Region Environmental and Transportation Efficiency Program (CREATE)
Grade crossing protection
Ports
Other transportation projects

The list does not fully lay out all the transportation projects that will be covered by this funding but it helps give a clearer picture of where the money will go.

With Rebuild Illinois having just recently been signed into law, it will be interesting to see how the projects develop once they have been given the green light.

New Marijuana Legislation Brings Challenges to the Trucking Industry

July 3, 2019 by Levinson and Stefani Leave a Comment

On May 31^st, 2019 Illinois joined 10 other states in officially making the decision to legalize recreational marijuana. The decision promises to provide a major financial boost to the state, bringing in roughly $800 million to $1 billion a year in taxes. With the potential for great financial gain, many have seen the new law as a win for the state of Illinois. While the new law does bring great economic potential, it’s important to remember it may have a variety of ramifications for those in several industries throughout the state.

As we previously touched on regarding truck driver impairment and the necessary precautions that must be taken with drug use on the rise in the United States, the legalization of marijuana does pose a threat to the truck driving industry. Just like any other driver on the road, an individual who is impaired via the use of marijuana should never get behind the wheel of a vehicle. Similar to alcohol consumption, the drug delays an individuals’ reaction time and ultimately impairs their judgement. Now pair those adverse effects with a truck driver who has been behind the wheel for up to 14 hours at a time, and this is a recipe for disaster. Unfortunately, the reality of the situation is that marijuana use amongst truck drivers has become far more prevalent, with positive marijuana tests among truck drivers increasing 4% year over year to 2.6% for the federally mandated drug testing that drivers must undergo. While that number may appear small, it is an increase, nevertheless. More importantly, we must keep in mind that although the positive test rate remains in the single digits, it is absolutely unacceptable to have drivers on the road who participate in any sort of recreational drug or alcohol use.

Unfortunately, driver impairment is not the only issue that residents of Illinois need to be considering since the new law has been passed. Over the last decade, there appears to be a new report circulated each year that warns of the truck industry being in dire need of more professionals due to the small pool of drivers to choose from. We even wrote an article on how aging truck drivers are a factor in this exact issue. With Illinois legalizing recreational marijuana and with more states following suit, the driver pool throughout the United States and Illinois will be affected. Heavy Duty Trucking wrote an article in 2018 exploring this topic in further detail and noted that “in an industry facing a driver shortage, legal use of cannabis may cut into the available driver pool. Some drivers could even consume edible cannabis unawares and fail a pre-employment drug test.” The article also cites a study conducted by the Insurance Institute for Highway Safety and the Highway Loss Data Institute, which found that in the “first states to legalize the sale of recreational marijuana, there has been a 5.2% increase in crashes.” The hope is that any time a substance is legalized, no accidents occur as a result of such substance abuse; however, while that is clearly wishful thinking, there are steps that can be taken to make certain that such drivers using marijuana are not allowed on the road.

Safety Precautions Must Be Taken to Increase Road Safety

In March of 2019, the American Transportation Research Institute (ATRI) produced a manual, Marijuana Legalization and Impaired Driving: Solutions for Protecting our Roadways, with the goal of providing useful tips on maintaining safe roads. One of the key points of note throughout the manual is the fact that it acknowledges that drug testing for marijuana is not the same as testing for blood alcohol content. The manual goes on to provide several reasons as to exactly why drug testing for marijuana is currently not a viable option to truly see if an individual has been driving under the influence of the drug:

Unlike alcohol, where impairment level is easily predicted by BAC, the severity of impairment resulting from marijuana use depends on a number of factors, including the frequency of marijuana use and consumption method. While higher doses of marijuana often result in greater impairment, this relationship is less predictable than that of alcohol and impairment.
Peak subjective marijuana impairment does not coincide with peak THC blood concentrations.
THC deteriorates rapidly in the user’s blood.
Low levels of THC in a user’s blood are not necessarily indicative of recent use.

As established by the Federal Motor Carrier Safety Administration (FMCSA) under CFR § 382, commercial truck drivers must be tested for controlled substances and alcohol use. However, it is only mandatory that a urine test be taken, not a hair analysis which has proven to be far more accurate when testing for specific drugs other than alcohol.

Moving Forward with Legalization

Unfortunately, as the federally mandated drug testing appears to be behind the curve when it comes to accurately finding whether a driver is under the influence of the drug, it appears that one of the best measures that can be taken to ensuring such drivers stay off the road for good is not only requesting that a hair analysis become a part of the federally mandated testing, but that transportation and law enforcement officials begin collecting data immediately on such drivers involved in unfortunate crashes. For example, Transport Topics cited another study conducted by ATRI, which quoted that “whether or not the federal government recognizes the legality of marijuana, it should take the lead on related federal data collection programs; . . . key to this role is identifying and conveying standards for state – and local – level data collection by law enforcement and the criminal justice system.” While this clearly appears to be a quick fix approach to driver impairment, it may be the best way to curb the increase in truck driver’s driving under the influence as more states continue legalizing marijuana. As a state, we must make certain that the public remains safe, and advocating for increased measures to keep drivers who will abuse drugs and alcohol off the roads should be something we are all for.

Stay Safe This Fourth of July!

July 3, 2019 by Levinson and Stefani Leave a Comment

Fireworks, barbecues, and picnics. These are only a few of the things the city of Chicago can look forward to this Fourth of July. As many people prepare to make the most of this holiday, especially with it landing on a Thursday this year and giving Chicagoans the opportunity to travel out of town on extended vacations, it’s also important to remind everyone that this is also one of the more dangerous holidays in terms of safe driving. Both local and state law enforcement urge residents to drive responsibly this Fourth of July weekend.

According to the Illinois State Police, impaired driving is a leading cause of crashes on the Fourth of July. With so many people partaking in the festivities of Independence Day, there also comes great concern that these same people might not be quite so diligent and responsible when it comes to how they get from one location to another. This issue of reckless driving, especially under the influence, is often brought up as the holiday approaches. With the Fourth of July being tomorrow, here is a list of ways to enjoy the holiday safely.

Do Not Drink and Drive: Although drunk driving has always been a heavily regulated topic, with all 50 states and D.C. having set laws that define driving while impaired as a crime when a driver’s blood alcohol concentration (BAC) reaches a specific level or above (.08 percent at this time), this is a rule that should go without saying.
Vehicle Maintenance: Getting behind the wheel while impaired is not the only concern people should have during this holiday. If you know that you will be driving during the Fourth of July weekend, make sure that your vehicle is in proper condition to be out on the road. Read about the dangers a lack of vehicle maintenance can cause here.
Remember to fasten your seat belt: According to the CDC, “seat belt use is one of the effective ways to save lives and reduce injuries in crashes.” While celebrating this weekend, remember to make your safety and that of others a top priority.
Ride-Sharing Safety:As mentioned in a previous post, residents who realize they shouldn’t be driving, or simply decide that calling a ride-share would be better than having to concern themselves with driving, should also make sure to note what safety precautions to take when it comes to ride-sharing. Always make sure to check your driver’s license plate and car information to make sure that they match up with what is stated on your ride-sharing app.
E-Scooters: Although e-scooters in Chicago are still limited to certain areas of the city, those with access to these e-scooters should remember that just because it isn’t a car, no one under the influence should be using one of these scooters for transportation. Despite having just been introduced to Chicago in the past few weeks, the pilot program has already brought on a variety of complaints. This holiday weekend, it is important to remember that these scooters need to be used responsibly to help avoid injury to yourself as well as others.
Divvy Bikes: Similar to the e-scooters, if you choose to ride a Divvy bike on your way home, make sure that you are in the proper condition to do so. Inebriated biking or scootering, especially in the city, could lead to just as devastating of results as drunk driving.
Texting while Driving: Although texting should already always be avoided at any point when someone is behind the wheel, with the recent law on texting while driving having kicked in on July 1, 2019, this is a reminder that texting and can also cost you money.
Pedestrian Safety: Drivers should keep an eye out for pedestrians. Drivers should have a duty to look out for other cars, as well as people crossing the street on foot. With people heading downtown to enjoy the Independence Day festivities this weekend, motorists should be on the lookout for people on foot as well as other vehicles in order to avoid crashes.

A report from the National Highway Traffic Safety Association (NHTSA) stated that there have been more people who died in drunk driving crashes in July than any other month. As the city and its residents prepare to celebrate the Fourth of July and the rest of the weekend, we hope everyone makes sure to do so in a safe manner. Keep an eye out for drunk drivers and be sure to report them to the police immediately. The more drivers, pedestrians, and bicyclists feel inclined to report road safety issues, the safer we make your community.

Chicago is Already Experiencing Issues with E-Scooters

July 1, 2019 by Levinson and Stefani Leave a Comment

Within its first week as part of a 4-month long pilot program, Chicagoans took over 60,000 rides on the city’s new e-scooters throughout various neighborhoods of city. Since its unveiling, there has already been a large number of complaints regarding the scooters. The city’s Department of Business Affairs and Consumer Protection (BACP) alone has received 45 complaints since the program first began. With that being said, it’s not as if the complaints aren’t valid. Many in Chicago are seeing scooters piled up on sidewalks, forcing pedestrians to weave throughout foot traffic. In a city of three million people, issues such as these, which may seem small at the moment, exacerbate the problem. Based on the Chicago Department of Transportation’s “E-Scooter Do’s & Don’ts,” riders are instructed to “park scooters with care.” Unfortunately, with no clear oversight due to such a high volume of pedestrian, bike, and auto traffic already in the fold, scooters may just be too difficult to track and regulate.

As the media has been reporting throughout the United States regarding cities entering pilot programs, it has become clear Chicago is not alone. Unfortunately, some of the cities that have been experiencing major issues, accidents, and even fatalities, have far stricter rules than Chicago. The only mandate in Chicago is placed on the time of day a person may ride the scooters and specific areas where riding is banned. However, if you do decide to take the plunge and try out Chicago’s new e-scooter program, be smart about it and possibly take some training courses. Lime, one of the e-scooter providers for Chicago’s pilot program, is offering “First Ride Academy” courses, which aim to provide first-time riders with scooter safety information and tips on how to park scooters responsibly throughout the city. Details on the courses can be found below:

Location: West Palmer Square Chicago, IL 60647

Dates: Every Saturday, June 29 – July 27

Tickets: Click here

A growing trend

As overall interest in scooters has grown, there has clearly been a rise in the number of accidents and injuries, as expected. However, after seeing such a high number of fatalities increase as a result of these scooters, cities must ask if it is worth the risk. As reported at the beginning of June, “there are no comprehensive statistics available but a rough count by the Associated Press of media reports turned up at least 11 electric scooter rider deaths in the U.S. since the beginning of 2018. Nine were on rented scooters and two on ones the victim owned.” The issue with the scooters is not that they are available for residents to use, it’s the fact that they are not heavily regulated, and they are not essential for transportation needs. Cities like Chicago already have established public transportation and bike systems to allow for individuals to safely navigate the city. These pilot programs force cities to integrate an entirely new mode of transportation on a mass scale into an already developed daily practice of commuting for millions of people.

Injuries are frequent

Although it appears the fatalities and injuries sustained from these recent accidents are outliers, new reports are showing scooter injuries to be much more prevalent than we thought. Earlier this month, U.S. News reported a new study conducted by the American Journal of Otolaryngology finding an increase of head injuries from riding electric scooters across the United States. According to U.S. News, “between 2008 and 2017, nearly 32,000 injuries were estimated nationwide, according to a review of records in the Consumer Product Safety Commission’s National Electronic Injury Surveillance system. Accidents tripled from about 2,300 in 2008 to nearly 7,000 in 2017.” Not surprisingly, the most common injuries were concussions and brain bruising; however, this was largely due to the fact that 66% of the people injured failed to wear a helmet. What this information is telling us is that if cities fail to mandate certain safety equipment for riding scooters, the riders will not bother to wear helmets. Unfortunately, the injuries from these scooter crashes can be far more devastating. Though scooter riders in Chicago are limited to the bicycle lane, they can reach speeds of 15mph. Not requiring individuals to wear helmets under those circumstances is a risky proposition. That said, even if states or cities don’t require the use of safety equipment, we should all be doing ourselves a favor by putting a helmet on if we decide to join the scooter frenzy that’s now upon us.

As Nationwide Pedestrian Deaths Increase, Chicago Experiences a Decrease in Fatalities

June 27, 2019 by Levinson and Stefani Leave a Comment

With much of Chicago now thinking about how to make certain that the city’s new pilot scooter program runs smoothly without any incidents, in addition to already navigating Divvy bikes and ride-share throughout the city, it is easy to forget that pedestrians make up a large portion of the traffic in the city. While accidents involving bicyclists having recently been widely covered in the news, we must remember that a incredibly high number of Chicagoans are walking to and from work and school each day, especially centrally located within the loop. The good news is that between January 1^st and May 31^st of 2019 the number of pedestrian deaths decreased 40 percent year over year. As the United States has been experiencing record highs in pedestrian deaths, with a new report by the Governor’s Highway Safety Association (GHSA) reporting that “about 6,227 pedestrians were killed in motor vehicle crashes in 2018 – a 4 percent increase over 2017 and the highest mortality rate since 1990.” While those statistics present a scary reality for many commuters across the United States, it is good to see that Chicago has been able to limit the damage that having such a high population of individuals commuting within a city can pose.

On the other hand, those in Chicago must be aware that the city is going to be out in droves now that Summer is here, and Chicago residents can finally enjoy summer. Unfortunately, as we all know, the more people are outside and trying to enjoy the good weather and see what the city has to offer in its warmer months, the more potential there is for accidents to occur. With that being said, it is clear that certain measures can and should be taken by pedestrians to ensure they are safe from dangerous drivers and other commuters. According to the National Safety Council (NSC) has reported, those most at risk based on data from 2017 were “10- to 14-year-olds and 50- to 69-year-olds have 20% or more pedestrian deaths as a percentage off all traffic fatalities.” In response to these statistics, the NSC has provided a list of tips that pedestrians should be following when it comes to staying safe walking. See below for the list:

Whenever possible, walk on the sidewalk; if not sidewalk is available, walk facing traffic
Follow the rules of the road, obeying all traffic signs and signals
Cross streets at crosswalks
If no crosswalk is available and your view is blocked, move to a place where you can see oncoming traffic
Look left, right and left again before crossing the street, making eye contact with drivers of oncoming vehicles to make sure they see you
Stay alert – avoid cell phone use and wearing earbuds
Avoid alcohol and drug impairment when walking
Wear bright and/or reflective clothing, and use a flashlight at night
Watch for cars entering or exiting driveways or backing up in parking lots
Children younger than 10 should cross the street with an adult

Of particular note is safety tip number 6 provided above. As we all know, cell phones are prevalent in every aspect of our lives. Walking to and from work is no different. Similar to how distracted driving is a leading cause in automobile crashes, being distracted while walking is incredibly dangerous and the amount we see it each day is alarming. In response to distracted walking and the issues it poses for not only the individual’s safety, but placing driver’s in poor situations as well, some cities have started enacting laws that aim to curb this bad habit and provide people with tickets if they are seen crossing a sidewalk while being distracted on their cell phones. Although this may appear extreme, many cities are finding that this is absolutely necessary to maintain pedestrian safety. Overall, the lesson we can learn from these alarming statistics is that we must be aware in our morning and evening commutes and we must put our phones away. If we expect drivers to take precaution to prevent injuries from occurring, let’s do ourselves a favor and keep the phones out of our hands while we are walking.