Levinson and Stefani Injury Lawyers

(312) 376-3812

Hispanic National Bar Association Hosts Event at Richard J. Daley Center

(From left to right: Hon. Dan Trevino, Hon. Sandra Ramos, Hon. Mark Lopez, Hon. Elizabeth Rivera, Sandra, Hon. Diana Rosario, Hon. Rosa Silva, and Hon. Andrea Weber)

We would like to thank the Hispanic National Bar Association for hosting a wonderful event yesterday, July 17, 2019, at the Richard J. Daley Center in Chicago. Our very own Client Relations Specialist, Sandra Marceleno, had the opportunity to attend the HNBA Court Visit in Cook County and had an incredible time.

At this event, attendees were able to visit the Hon. Andrea Weber’s courtroom and observe her preside over a criminal trial. After the trial, attendees then had a chance to meet the Hon. Sandra Ramos and other Latinx judges and attorneys in her courtroom. The judges and attorneys shared their experiences with the attendees, discussing how their careers in the legal industry began, what motivated them to choose the careers they did, and giving advice to everyone interested in pursuing a career in law.

“Hearing from someone as successful as these judges, who share a similar background as me, has motivated me to continue my pursuit of a legal career.” – Sandra

The event wrapped up with a lunch at the Daley Center where people were able to sit and have more in-depth conversations with Latinx judges. Overall, the event was an incredible experience where Latina women planning to go to law school were given the opportunity to closely observe a day in court.

The Hispanic National Bar Association is a nonprofit organization that focuses on representing the interests of Hispanic legal professionals in the U.S. Organizing and hosting events such as this court visit are only one of the ways in which the HNBA opens up doors for anyone in the Hispanic community interested in law. Here in Chicago, the HNBA hosts several events for its community each year. For more information, please visit https://hnba.com/.

In the News – Week of June 8th

City Seeking Feedback on Pilot Scooter Program

In light of the city’s recent start to its four-month pilot scooter program, the Department of Business Affairs and Consumer Protection (BACP) is asking for residents of Chicago to report any scooter issues they see. According to Curbed – Chicago, individuals may use the 311 website or mobile app to report their concerns. To report an issue, go to the website and find the “E-Scooter” category, from there you will be able to report your issue.

As we have previously written, the introduction of Chicago’s pilot scooter program has gotten off to a very troubled start. Not only have there been countless reports of misconduct with the scooters, but the scooters are already proving to be far more dangerous than many believe them to be. Last month, just within weeks of the launch of the scooter program, a pedestrian was actually hit by an e-scooter rider in the city. As a result of the accident, he was found unresponsive and now has trouble speaking after being forced to undergo a procedure to his jaw. Ultimately, this is to say that the scooters are continuing to pose a significant risk not only scooter riders, but pedestrians as well. Be sure to report if you see any issues in your neighborhood as the more we can make city officials aware of misconduct, the safer both riders and pedestrians will be.

Divvy Set to Expand to the Far South Side

As reported by the Chicago Tribune, Divvy bikes in now set to begin expanding to the Far South Side after Lyft invested $50 million into the bike-sharing system. In addition, Lyft has decided to add 10,500 new electric-assist bikes to the city. This is big news for the entire city as it means that bike-sharing will now seek to cover each area of the city, essentially providing forms of transportation sharing ranging from ride-share, bike-share, and more recently, scooter-share. What’s more, it appears the city is inclined to ensure that these bikes are appropriately placed and integrated into new areas throughout the city with specific intent, rather than just to provide a mere presence.

The Chicago Tribune had the opportunity to speak with Sue Hofer, a spokeswoman for the Chicago Department of Transportation. Sue stated, “We’re going to community meetings, where people will say, ‘I think it makes more sense in front of the grocery store than in front of the bar.’” Overall, we can hope that the more communities are involved prior to the installation of these docking stations, the safer the process will be. At this time, the initial community meetings have yet to secure select dates and times for the community to gather.

Trucking Industry to Have Drive-Time Rules Deregulated

Under the Trump Administration, the Transportation Department is looking to curb a longstanding rule, which requires drivers to stop driving once they hit their 14th hour on the road. In addition to mandating that commercial drivers stay off the roads once they hit this limit, they must then take 10 consecutive hours off from driving before they can get back on the road. For those drivers who are set to drive for more than 8 hours at a time, it is also mandatory that they take a 30-minute break prior to reaching the 8-hour mark. The Trump administration and trucking industry lobbyists argue that these rules, regulated by the Federal Motor Carrier Safety Administration (FMCSA), go too far in regulating commercial drivers due to the overall effect that inclement weather, poor traffic, and the rules themselves have on drivers being able complete their deliveries in a timely manner.

While those lobbying for changes to the current rules state that the regulations hinder driver’s abilities to get paid and ultimately keep truck drivers off the roads, the most important thing to remember is the reason as to why these rules were adopted in the first place. Just like any job throughout the United States, it is mandatory that employees be given at least a 30-minute break for every 8 hours of work. In any job, these breaks are mandatory to ensure that employees are not overworked and as we all know, if we are overworked, our productivity takes a significant hit. With that being said, why should the rules be different for truck drivers? Because America is so dependent on ground shipping and can’t be forced to deal with delays? The point of this is to say that the data in no way supports the argument that these lobbyists are making. As PBS NewsHour reported on July 1st, “there were 4,657 large trucks involved in fatal crashes in 2017, a 10% increase from the year before, according to a May report issued by the Federal Motor Carrier Safety Administration . . . Sixty of the truckers in these accidents were identified as ‘asleep or fatigued,’ although the National Transportation Safety Board has said this type of driver impairment is likely underreported on police crash forms.”

Ultimately, this news will mean that if federal regulations are relaxed, allowing commercial truck drivers to stay on the road longer, safety measures will come down to self-checks by the drivers. All drivers should become knowledgeable of safety tips to ensure they are keeping the roads a safe place for all drivers, no matter the importance of meeting delivery needs. Here is a pamphlet created by the CDC, which provides great tips and resources for such things as sleeping disorders, driving at night, and drowsy driving. It all comes down to staying safe on the roads. Statistics establish that truck drivers who are fatigued do pose a serious risk to other drivers, so be sure to review the material available and keep others safe.

Sleep Apnea Proves to be a Contributing Factor

As we are aware that fatigued driving already plays a major role in traffic crashes throughout the United States, it’s important for us to remember that some drivers may also be experiencing certain conditions that naturally make driving fatigued a regular part of their day. This fatigue is then only made worse by the fact that drivers are working incredibly tough jobs. An article published by Sleephelp, states that “sleeping with sleep apnea causes the same amount of fatigue as getting less than 5 hours of sleep per night . . . Sleep apnea is exacerbated and, in some cases, caused by obesity. Since truck drivers are among the most likely workers to be obese (38.6% struggled with obesity, according to one study), sleep apnea and the ensuing drowsiness is more likely to be an issue for them that it is for other people.” Similar to a recent post we wrote regarding drug use among commercial truck drivers, we are not saying that each truck driver is affected be these types of sleeping disorders or levels of fatigue; however, the statistics show that people within the industry are more likely to experience these issues. In addition to the factors likely to lead to sleep apnea, the FMCSA has also provided information regarding the overall risk factors and symptoms associated with the sleeping disorder. Overall, the FMCSA list the risk factors of sleep apnea as:

  • A family history of sleep apnea
  • Having a small upper airway
  • Being overweight
  • Having a recessed chin, small jaw, or a large overbite
  • A large neck size (17 inches or greater for men, 16 inches or greater for women)
  • Smoking and alcohol use
  • Being age 40 or older
  • Ethnicity

Additionally, according to the FMCSA, the symptoms of sleep apnea include:

  • Loud snoring
  • Morning headaches and nausea
  • Gasping or choking while sleeping
  • Loss of sex drive/impotence
  • Excessive daytime sleepiness
  • Irritability and/or feelings of depression
  • Disturbed sleep
  • Concentration and memory problems
  • Frequent nighttime urination

Overall, if you have concerns that you may be afflicted by sleep apnea and its overall effects on your ability to drive, feel free to go ahead and download this form, which helps inform individuals on how to deal with the disorder. By learning about this disorder, especially by individuals within the trucking industry, it will go much farther in establishing safer roads for all.

Why Do Federal Rules Apply to Truck Drivers – Chicago Truck and Auto Crash Lawyers Explain

Commercial truck drivers are held to a higher standard than other drivers on the highway. They travel in larger vehicles that take longer to stop and take up a much larger area of the road than a passenger car does. Additionally, semi-trucks are not only regulated by the state rules of the road wherever they happen to be at any given time, but also federal law because they cross state lines on a regular basis. That is why, when people are injured in crashes involving large trucks and semis, it is important to contact an experienced attorney who is familiar with federal truck regulations.

Holding Commercial Drivers Accountable for Failing to Follow the Rules

Proper space management allows professional truck drivers to keep a safe distance from other travelers or hazards they may find on the road and it is vital for avoiding collisions. Truck drivers should be aware of their surroundings. This means not only paying attention to what is in front of them, but also to what is behind them and on either side of their vehicle. Semi-trucks take up far more space than most other vehicles. By keeping plenty of space between themselves and other cars and objects on the road, truck drivers can give themselves enough space to maneuver out of the way when something unexpected happens.

Professional Truck Drivers Should Expect the Unexpected

Vehicles on the highway are moving at a high rate of speed. A commercial driver cannot rely on other motorists to always be predictable. Traffic jams can spring up, virtually out of nowhere, and drivers need to be ready to slow down, stop, or move out of the way. This unpredictability requires drivers to be diligent and hyper aware. Also, since trucks are so much bigger than other vehicles, they need more time to stop. Drivers who leave themselves more space on the road have more time to act in case there is a sudden change in traffic patterns. A semi-truck should not follow closely behind other vehicles.

A Second for Every 10 Feet

There is a formula that most truck drivers are taught in order to measure safe distances on the highway. Most people have heard of the “2 second rule” when it comes to calculating safe distances between cars on the road. For Professional drivers, the rule of seconds starts at 4, not 2.

Figuring out how much space a commercial driver needs in order to stop safely to avoid a collision requires some pretty straight forward arithmetic. Generally, a driver needs at least 10 feet of space in front of his or her truck for every 10 feet of the length of their vehicles when traveling under 40 miles per hour (MPH). For speeds about that, drivers need to add another second. Calculating this is not hard because professional drivers should know how long their vehicles are.

A common length for a single tractor-trailer is 60 feet. When driving under 40 MPH, a trucker would need 6 seconds of space ahead of his or her cab in order to keep a safe distance. Once that truck goes over 40 MPH, the time doubles and 12 seconds is needed to have enough room to maneuver safely.

Professional drivers are not the only ones who can use the “seconds rules” to figure out where they should be on the road relative to other vehicles. A person in a passenger car can utilize his or her rear-view mirror to gauge how far a truck is traveling behind them.

The more vigilance used by all commuters will go a long way in getting people to their planned destinations safely.

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

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.

Recent Posts