• Skip to main content

Levinson and Stefani Injury Lawyers

Client-first legal representation for injury victims. Injured? Free Consultation:

(312) 376-3812

  • Home
  • About Us
    • Attorneys
      • Ken Levinson
      • Jay Stefani
      • Vanessa A. Gebka
    • Practice Areas
      • Truck Crashes
      • Bus Collisions
      • Auto Accidents
      • Child Injuries
  • Firm News
  • Library
    • Articles
    • Cases
    • Law
    • Video
  • Blog
  • For Lawyers
    • Focus Groups
  • Free Case Review

Blog

Boston inks deal to test self-driving cars. Is Chicago next?

September 14, 2016 by Levinson and Stefani Leave a Comment

Autonomous Vehicles

The folks in Bean-town have peered into their crystal balls and one of the things they’re seeing is self-driving cars. The Boston Globe reported this morning that the city has struck a deal with a group of unnamed tech companies and manufacturers to test autonomous vehicles, beginning in a matter of months. Coincidentally Uber is set to unleash a fleet of autonomous cars (though this particular fleet will include an actual human behind the wheel for safety reasons) on the streets of Pittsburgh later today.

More from the Globe: “If this technology is going to yield benefits for the consumer, we want to make sure it works in the city of Boston,” said Chris Osgood, the city’s chief of streets. “We want to make sure we’re doing our due diligence and understanding what the implications are. How do we set up the right policies and take the right approach to this so it’s going to have the biggest net benefit?”

Counting Pittsburgh, it seems Boston is the second major city in recent months to commit to exploratory testing. Could Chicago be the third? Here are four reasons why it might.

The mayor is a big Uber fan

His brother, Ari, is also a big investor. Back in 2014 reports started swirling that Rahm’s younger brother stood to make nearly a billion dollars from his Hollywood agency’s dealings with the popular ridesharing company, which is venturing into autonomous territory. On top of that, David Plouffe, a strategist to then-Senator Obama’s presidential campaign in 2008 and former White House mainstay, now serves as one of Uber’s most prominent strategic advisors. The mayor has also favored rideshare-friendly legislation that keeps it at a premium in the Windy City (much to the consternation of the highly regulated limousine and cab service industry). Now that Uber has unleashed self-driving cars on the roads of Pittsburgh, it’s easy to imagine the company heading further west to a place that fits its self-driving test criteria and where it’s ostensibly been feeling the love.

Chicago has one of the largest populations in the country

This goes beyond the Uber and ridesharing craze. Chicago is a major city with a major population—nearly 2.7 million people to be more precise. That’s good enough for third on the national charts, behind only Los Angeles and New York. A study in 2015 by Zen99, a resource for folks who depend on 1099s, found that Chicago ranked ninth out of 70 U.S. markets that were favorable for ridesharing users. That’s not counting the untapped potential of autonomous ridesharing either. One could assume that a city that loves alternative modes of public transportation is bound to look closer at the ways self-driving cars impact the broader economy, both commercially and otherwise.

Like a good neighbor, State Farm is here

So is Allstate, based in Northbrook. They’re two of the biggest auto insurance companies in the country and the insurance industry has been wrestling with the notion that self-driving cars may reduce crashes and potentially eliminate them altogether. That poses big questions for State Farm, Allstate, Nationwide, and others, which will soon need to figure out how they’re business plays into the bigger picture. I’m not saying that either will be making a public relations push in favor of self-driving cars, but what better opportunity to do some experimentation while the guinea pig is rummaging around in your own backyard? Let’s assume the worst: self-driving cars get into tons of accidents. Maybe a public relations push on behalf of the insurance companies isn’t so far-fetched after all.

It’s the economy, stupid

The reality is this: Autonomous cars are the future of transportation. It’s not a matter of “if” but “when.” Rahm and others like to refer to Chicago as the Silicon Valley of the Midwest. If we’re to take that declaration at face value, we need to make the most of our opportunities, which could have huge economic benefits. Tech is big business and presenting Chicago as a tech-friendly hub feeds the narrative while drawing new talent to the city. Being labeled as a pioneer of autonomous transportation and the legislation that governs it has the potential to be hugely beneficial in the long run. I can already imagine Tim Cook pulling up to Apple headquarters in the West Loop. In a self-driving car no less.

Congress to NHTSA: Look into car hacking

September 13, 2016 by Levinson and Stefani Leave a Comment

wired_andy-greenberg1

Members of Congress have formally asked the National Highway Traffic Safety Administration to convene an industry-wide effort to prevent possible hacks on the computer systems in vehicles, raising the spotlight on the challenges that regulators face as technology advances and cars become even more reliable on automated programming for everyday functionality.

This latest development is one of several attempts to quash concerns that lawmakers first broached in July 2015 after an article in WIRED magazine chronicled the experiments of two hackers-turned-software engineers, who took control of a 2014 Jeep SUV by accessing its computer console from a remote location.

In that case, the hackers were able to gain control of the Jeep’s on-board diagnostics port (OBD) and steer it off its course. Automakers have been required to install OBDs in all vehicles since 1994 to test for emissions compliance. With computer software and hacking becoming increasingly sophisticated, coupled with an already-vulnerable system, congressional leaders are trying to get ahead of the curve.

Leading the charge is U.S. House Energy and Commerce Chairman Fred Upton. Upton is asking the NHTSA to report back in October with any progress and to make NHTSA staff members available to speak on the issue. The NHTSA has said that it plans to roll out a series of proposals to ensure that automakers comply with future regulations, though the timeline remains a work-in-progress.

For now, it looks like Congress is taking a more public stand to force the issue. The U.S. Justice Department has already begun the process of constructing a threat analysis team to look over the national security implications of car hacking, and this latest request from Upton comes on the heels of a report in March by the Federal Bureau of Investigation that cited a warning that cars were “increasingly vulnerable” to hacks by outside parties.

Legal miscues: How to avoid the pitfalls of insurance claims

September 1, 2016 by Jay Stefani Leave a Comment

Accident

You’ve got enough to worry about. Then you find yourself in a car crash. That alone is frustrating. But wait, there’s more.

You can count on two things coming your way after a crash: 1) a forthcoming insurance claim and 2) a call from the other driver’s insurance company.

The first part isn’t necessarily bad. At the end of the day, if the other driver is at fault, his or her insurance is the one that will end up footing the bill for the damages. How to handle the phone call from the other driver’s insurance company, however, is another matter and it can sometimes lead to unforeseen mistakes that could cost you later on.

After years of handling injury cases, I usually have a good sense of how my client’s telephone conversations with the insurance adjustor will play out. Here’s a typical scenario: The adjustor is nice, offering well wishes, asking if you’re feeling okay. He or she often returns calls promptly and assures you that the insurance company wants to “make it right” – sometimes even offering to take care of your medical bills.

Unfortunately, once it becomes clear you’re actually injured and need substantial medical care, the adjustor suddenly stops with the pleasantries; it’s not uncommon for the adjustor to stop returning your calls, which can be the first sign that something is amiss. So how should you handle conversations with those adjustors? Here are some familiar-sounding tips.

You have the right to remain silent

You have an obligation to talk to your own auto insurance company after a car crash. You do not have to talk to the other insurance company. Even the friendliest of adjustors has a job to do, and that’s to protect the other driver and the insurance company. An adjustor’s goal is to gather as much information as possible. Instead of getting into a long conversation, consider this: ask for the adjustor’s name and contact information, get the claim number, and give your basic information (name, address, and your auto insurance information). That leads to the next step.

You have the right to an attorney

Before any decisions are made, before a recorded statement is given, and certainly before you sign anything, speak with an experienced injury attorney. If you feel uncomfortable with the adjustor, or feel pressured, tell the adjustor you’d like to speak with an attorney before making a decision. Don’t be surprised if the adjustor changes his/her attitude at this point. That’s okay. You’re not looking to make friends in these situations; you’re looking to protect yourself from being taken advantage of. The insurance company has teams of adjustors and corporate lawyers on its side – you deserve to have an attorney on your side, too.

Anything you say can – and will – be used against you

Adjustors aren’t “bad people,” but they are people with a job to do. They receive extensive training, specifically from corporate insurance lawyers, on ways to get information. One of the easiest ways to get information is to be nice. Once an adjustor gets you on the phone, it’s all fair game – and if it’s not being recorded, the adjustor is certainly keeping detailed notes.

It’s common for the first conversation to be about the crash. A simple question like, “how did it happen?” is meant to get you talking. Bear in mind that the adjustor is looking for anything that he/she can use against you later. For example, we had a client mention she had her kids in the car when the accident occurred. Later in the case, the insurance company’s lawyer argued how the kids distracted our client, even though she was stopped at a red light when she was rear-ended by another driver who was on a cell phone.

Later conversations turn to how you’re feeling, which is meant to put you at ease so you’ll say you’re doing “fine” (because the adjustors know people often have a tendency to downplay their own pain). Later on, the insurance company and its lawyers will use that to show that you weren’t injured. Or if you say physical therapy is making you feel “better,” the insurance company spins it to mean you’re feeling “100% better,” as opposed to “better than before, but still not great.”

Be nice

No, this tip isn’t from the Miranda warning, but it’s equally important. Not all insurance companies have bad intentions. As I said, adjustors are doing a job. You may choose to say nothing, but that doesn’t mean you have to be rude. Be courteous. Be cordial. After you give your basic information, politely end the phone conversation. You may not need an attorney for your case, but at the very least, you should speak with one before making any decisions.

Traffic fatalities on the rise in Illinois

August 17, 2016 by Levinson and Stefani Leave a Comment

Photo by Zol87, Wikimedia Commons
Photo by Zol87, Wikimedia Commons

The Associated Press is reporting that Illinois traffic deaths are expected to top 1,000 this year for the first time since 2008, a consequence of more miles being driven, higher speeds being reported along rural highways, and an increase in younger drivers on the road.

More than 620 traffic fatalities have already occurred as of August 12, according to the State-Journal Register, a jump of 50 from the same time last year. It’s a trend that’s expected to continue through the end of the year.

The number of traffic deaths in 2015 (998) provides an ominous glimpse into the anticipated numbers of 2016 and it comes at a time when safety experts are beginning to look at several factors related to the rise.

Authorities say that most traffic-related fatalities have occurred along rural interstates where speed is the predominant factor (Illinois raised the speed limit on rural highways from 65 mph to 70 mph in 2014), but officials also say that distractions are becoming more frequent, including the use of cell phones and other handheld devices. That applies to pedestrians, as well.

“Most of our problems come down to a couple of things,” said Randy Blankenhorn, Secretary of the Illinois Department of Transportation, who spoke with the AP about this year’s expected rise in fatalities. “Avoid disruptions, whether it’s being on your cellphone or texting while you’re walking on busy streets. We see a lot of distractions, and speeding is always going to be an issue.”

Non-Profit Spotlight: Joel Feldman talks End Distracted Driving

August 15, 2016 by Levinson and Stefani Leave a Comment

Joel-Feldman
Joel Feldman, founder of End Distracted Driving, speaks with students.

Joel Feldman isn’t bothered when people ask about his daughter Casey, who was killed by a distracted driver in 2009. What bothers him is when people confuse safe driving for lucky driving. For Feldman, that distinction goes a long way toward explaining why many drivers feel they can get away with things like texting on the phone while sitting behind the wheel of a car—a task that seems innocuous in today’s digital-crazed world.

But the facts tell a different story: Over 3,331  people were killed and over 387,000 injured in motor vehicle accidents connected to distracted driving, according to the NHTSA, and the National Safety Council says that at least 28 percent of vehicle crashes are caused by texting and cell phone use alone.

Those are just some of the things Feldman discusses with students across the country as founder and lead advocate for End Distracted Driving, formed seven years ago. The organization has since put together a substantial list of volunteers that speak on behalf of EDD to raise awareness related to dangerous trends.

Feldman spoke with us by phone to talk about his organization’s work, keeping Casey’s memory alive, and what’s in store for the future of EDD.

What is End Distracted Driving and what’s your mission?

We established EndDistractedDriving.org after my daughter Casey was killed by a distracted driver in 2009. After she was killed, I realized that I was driving distracted all the time. I’m a lawyer. I represent families who have lost loved ones to distracted driving. I should’ve known better. So it made me think about the way I was driving. I was asked to speak with folks about distracted driving and one thing led to another. I started doing more talks and then I said, “Gosh, I wonder if I’m really changing people’s attitudes and behaviors.”

It’s okay talking to people and telling them the story of Casey. I like to do that to keep her memory alive. But it certainly wouldn’t have the same level of meaning if I couldn’t affect other people’s behaviors. I looked for a distracted driving presentation that was scientifically based, that had been tested. Couldn’t find one. I went to the Children’s Hospital of Philadelphia and they helped us develop a science-based distracted driving presentation. I would evaluate and update it so we were doing the best in terms of helping people decide for themselves, “Hey, I’m not the safest driver. Let me make some changes.”

It’s definitely about empowering people. It’s not confrontational. It’s not bloody or graphic. We figure out ways to reach different people, whether that’s middle school kids bugging mom and dad not to drive distracted, or if it’s teen drivers talking about how they can influence their moms and dads to drive safer, and, of course parents. Ask any group of parents if they would do anything to keep their children safe and they all raise their hand. Ask them to keep their hands up if they never drive distracted and all hands go down. You can create these moments where people have a little bit of discomfort, and it’s one of the things we do in our presentations to connect with people and have them decide whether there’s some adjustments they can do to be safe.

The situation with Casey is devastating. There’s no way to get over something like that, but have you found purpose in what you’re doing?

It was just the seventh anniversary of Casey’s death and it’s always a time for reflection. People will tell you, “Casey’s smiling down upon you, Casey would be so proud…” I hope so. I have found greater meaning. I love talking to kids, whether it’s middle school, high school, or college. I think they’re wonderful to work with and they’re open to new ideas. I’m optimistic. There are some in traffic safety who are not optimistic about changing our culture, but I’m optimistic that we’re going to change the way we think about driving. Just like drunk driving, distracted driving is no longer socially acceptable.

I’m kind of meant for this; I’m a personal injury attorney who’s represented families who’ve lost loved ones. I’ve represented people who were in distracted driving crashes. The year before Casey was killed I started a masters program because I wanted to learn about grief counseling. Then my daughter gets killed by a distracted driver. In some way I believe I was meant to do this all along.

Do you think people underestimate the dangers of distracted driving?  

I’m not sure people underestimate the dangers of distracted driving or not. Yes, you could say, “If people drive distracted then they must underestimate the dangers of distracted driving.” But I think that many people who understand the dangers of distracted driving do so anyway because they think “I’m a good driver, I’m an experienced driver.”

I had an appreciation of the dangers of distracted driving, but until it sunk in, I continued to drive distracted. That’s important to pay attention to. And with respect to Jay and the folks at [Levinson and Stefani] who are doing talks, they understand that that’s the reason why we talk about the excuses we give ourselves for continuing to drive distracted. You have to explore those excuses: “Hey, does this excuse really make sense and do I want to continue to take chances?”

What’s your reaction when people say, “Well, I’m a good driver, it would never happen to me”?

I let them know that in addition to meeting hundreds of moms and dads who have lost children to distracted driving, I’ve also met with people who have killed others because of distracted driving. No one who’s killed through distracted driving doesn’t give one of the excuses: I looked away for just a few seconds, it was an important call, I’ve never been in a crash, I’m a good driver. Those excuses sound pretty hollow to the family members of those you killed, and also to yourself. And once you’ve done it you can’t change things. You can’t turn back the clock.

Are kids more at risk than adults?

I think kids are more at risk because of their inexperience. The statistics show that 16-18 years olds text 33-35 percent of the time while driving; the 19-25 year olds text at about 42 or 44 percent; the 25-34 year olds text over 50 percent. So the 16-18 year olds who text a lot less, the frequency of them being in crashes, that’s attributable to distracted driving because of their inexperience. But I also think they’re more likely to listen. I think when you get a little older you get fixed in your ways, a little stubborn. You’ve been telling yourself excuses for years and it becomes so ingrained that you’re not open to change.

The thing we have working against ourselves is that most of the time when we drive distracted, we don’t have a crash. It’s that collective experience of not being in a crash that’s always there. Maybe you’re looking at the phone and saying, “You know, I’m driving, I really ought to text somebody. Should I pull over or should I not. Well, it’s just a couple seconds. I’ve done it so many times.” So it’s that collective lock, if you will, that perpetuates the feeling that we can get away with it. There’s a big difference between being a safe driver and a lucky driver.

How do you see the future shaking out as technology advances and, supposedly, more distractions become part of everyday life?

There are challenges. I wish and hope that auto manufacturers wouldn’t find it necessary to build in-voice texting, allowing you to access Facebook in the car, things like that. There’s no need for it. But they continue to do it and the government doesn’t tell them not to do it. Just before you called I spoke with a 17-year-old who is developing an app that keeps his friends and peers safe. And it’s probably every other week I talk to teenagers or college students figuring out, “Hey, has anyone tried this? What about this?”

As I said, I’m optimistic. Middle school kids are wonderful. They know exactly what their moms and dads are doing. I underestimated them the first time I talked to them. When I do talks with middle school kids, I get emails from their moms and dads and they say, in essence, “Gosh, you unleashed a monster on me! On one level I’m annoyed with you, but on a larger level I’m really happy, because if they’re working on me not to drive distracted, I’m hoping that’ll persist through their teenage years and they don’t drive distracted.” I think there’s a lot to be optimistic about. There’s a lot to be concerned about, a lot to be scared about, but lots to be optimistic about.

What are some things people can do to prevent distracted driving?

There’s more distractions than just using your cell phone, whether you’re putting on makeup, eating, whether you’re a young parent turning to talk to your kid in the car seats in the back, guys looking at pretty girls, whatever it might be. It’s easy to focus on cell phones. If you would send out an email or a group text when you get in your car, tell everybody, “Hey, I’m going to be driving, I’m not going to pick up the phone for any reason for the next half hour. If you leave a message, I’ll call you back.”

You do that, and then you put the phone on airplane mode or turn it off, stick it in the glove compartment so you’re not tempted. That’s a simple thing to do. I’m not saying it’s easy. Even after Casey was killed it was probably a couple years when I was tempted to pick up my phone. So it takes a while because these are habits.

What’s your hope for End Distracted Driving moving forward?

We certainly want to ramp up the presentations. We have presenters all across the country like Jay in Chicago. This year we have a big campaign with the American Association for Justice doing free talks in middle schools, high schools, and colleges around the country. The 2016-17 school year, our goal is to talk to at least 100,000 kids on a 100 percent volunteer basis, which is neat. We’re going to be having a national PSA—and it was just explained to me what a meme is—a national video and meme PSA contest that we’re going to announce later in the fall. We think that’s really important. We want to continue to work on … there’s two parts to this: How are you driving yourself and what do you do when you’re a passenger in a car and someone tries to drive distracted. We’re working a lot on the conversation—how you can have a fruitful, non-confrontational conversation with the driver, how you can fashion that conversation to maximize the effectiveness that they’ll put their phone down, and that maybe, just maybe, they’ll think twice about driving distracted as a result of that action or intervention.

To learn more about End Distracted Driving, visit the website and its Facebook page. 

Woman caught texting while driving—with her feet

August 11, 2016 by Levinson and Stefani Leave a Comment

Texting-while-driving
Footage captured by Sarah and Shawn Delong .

Here’s a trend we hope isn’t catching on. A woman was caught texting while speeding along the Schuylkill Expressway in Philadelphia, except it wasn’t in the way you’d expect.

The driver, seen in the video below, was videotaped texting on her phone while steering the car with her feet, as if lounging in the passenger seat. The footage, which was captured by Sarah and Shawn Delong, lasts less than 30 seconds but the Delongs told Action News in Philadelphia that they continued to follow the woman for a good 20 minutes before finally getting her attention.

“At one point we beeped at her and I yelled ‘get off your phone!’ Sarah explained to Action News. “And she looked and smirked at me and went right back to doing whatever it was on her phone.”

The Delongs recorded the woman’s license plate and passed it along to the Pennsylvania Sate Police. No word yet on whether the woman faced any consequences.

It’s hardly the first time this has happened. Last week, a Colorado woman was caught texting while speeding down I-25 with one leg propped up on the dashboard. The sequence was captured by another driver and shared on Facebook. The video was picked up by several local news outlets and has been viewed thousands of times.

The lack of awareness or care for themselves or their fellow drivers is astounding. Distracted driving accounts for a significant number of fatal crashes in the United States. One out four car crashes in the U.S. are caused by texting while driving; and every year, roughly 421,000 people are injured in crashes that involves a driver who was distracted in some way.

But what’s shocking about these videos is the recklessness that makes these dangers all the more real and terrifying. It’s an avoidable situation that continues to be more troubling as people disregard the fatal potential of their actions. I doubt the clients we’ve worked with, who have lost loved ones because of distracted driving, would disagree. There’s just no excuse for this kind of behavior.

Let’s hope it stops.

  • « Go to Previous Page
  • Page 1
  • Interim pages omitted …
  • Page 109
  • Page 110
  • Page 111
  • Page 112
  • Page 113
  • Interim pages omitted …
  • Page 128
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising