Blog

Professional Football is Back: Avoid Being a Victim of Drunk Driving This Season…

September 6, 2019 by Levinson and Stefani Leave a Comment

Football is back. For some of us in Chicagoland, that means screaming at the TV alone in frustration and joy for the next four months. For others, it’s a collective experience of doing the same thing surrounded by friends and family. And, yet another group of us, about sixty-thousand or so, will gather together on the Museum Campus to attend the battle on the gridiron in hopes of seeing our team defeat the opponent in stupendous fashion. Speaking of fashion, a great many of these enthusiastic spectators will be dressed in jerseys ready to suit up in case da coach needs ‘em. My prediction is that he won’t, but if you’ve ever used the word “super” to describe your commitment as a fan, far be it from me to dash your hopes and kill your dreams of experiencing glory and having the chance at lining up, if only just once, in T formation.

No matter how you plan to enjoy watching the ball game, while getting there and back, strong safety should be your primary goal in defending against traffic crashes. Ok, I know that was corny. I’m a dad, so I like dad jokes. However the sentiment here is what counts. You want to be able to have fun watching the game without worrying about getting hurt in a crash heading home.

People should know better, yet the Centers of Disease Control and Prevention reportedthat 3,866 people died as the result of car crashes involving drunk drivers between 2013 and 2012 in Illinois. A lot of people enjoy having a drink on game day. That should be fine as long as it’s done responsibly. That means, anyone getting behind the wheel of a motor vehicle should be sober; not sobered-up, but sober.

How Long Should You Wait to Drive After Drinking?

Is 48 hours too long to wait to drive after having that last drink? I don’t think so. It’s generally known that it takes about an hour for a person’s body to metabolize one standard drink. Yet, alcohol can be detected in a blood test for up to 12 yours after having a drink. Not only that, consuming alcohol has other, longer-term effects on your body. Having five or more drinks in one night can affect your mind and body for up to three days. Drinking slows down your metabolism and endurance, making it harder to stay fit even if you exercise. Even if your workout performance is of no concern to you, driving a car is still a physical activity. Alcohol also inhibits nutrient absorption. Not only do beer and liquor contain no vitamins or minerals, they deplete the essential elements, such as B12 and zinc, your body needs to maintain focus and energy, which are also needed to properly operate a motor vehicle.

So even if your team’s offense doesn’t show up to do their job, you’ll most likely still be expected to show up to work on Monday. If you’re going to drink during the game, get a driver or use public transportation, even the next day. Having litigated car crash cases for a few years now, I can share from experience that, heaven forbid, if you were to find yourself a party to a motor vehicle crash lawsuit, there is a high probability that you will be asked, under oath, in a deposition whether you consumed any alcohol within 24 to 48 hours before having been involved in a collision.

Negligence is preventable. Every one of us can take steps to improve our chances of getting home safely so that we can enjoy the whole season without injury or worse. So, have fun this season, be safe, and go (registered trademark of a certain team that plays in a certain town that won a certain game in 1985)!

In the News – Week of September 2nd

September 6, 2019 by Levinson and Stefani Leave a Comment

New Data Provides Further Insight on Chicago’s Scooters

A new study conducted by DePaul University researchers has discovered that the electric scooters the city recently adopted as part of a four-month long trial are now being used as legitimate choices for commuting during morning and evening rush hour periods. What was once deemed a fad that many cities throughout the United States were quickly shutting down due to safety hazards and an overall lack of regulations for the public has now shown that maybe they are more useful than originally thought. The study, which was done by the Chaddick Institute for Metropolitan Planning, looked at 12 hours of data from a single day in the month of July. Ultimately, what this data was able to show was that in the roughly 2000 scooters trips that were taken in single day, a majority of the rides took place between 7-9am and 5-7pm.

As many in Chicago and the surrounding suburbs already know, traffic in the city can be grueling. Just like any large city, it seems that the traffic will simply never end. This new research seems to suggest that some individuals throughout the city may be turning from public transportation and vehicles altogether, and joining the scooter sharing fleet. Joseph P. Schwieterman, one of the researchers who conducted the study stated “I thought perhaps scooters were a novelty and people would use them in their leisure time, to make their social activities a little easier, but what we found is that rush hour is when most of the money is being made.” Such results from the pilot program are very important to note. While the scooters may seem like non-factor in the larger view of the city’s infrastructure as a whole, the reality is that people will go to great lengths to make their trips quicker in the morning and evening. While Chicago has clearly experienced the negatives associated with scooters, data such as this may begin changing people’s perspectives of the scooter sharing program altogether.

Of course, just because people are beginning to adopt the pilot program, does not mean it is in the best interest of city residents. As we have continuously covered, allowing scooters within city limits poses a severe risk to pedestrians and bicyclists in the city, as well as the scooter riders themselves. At this point, there have not been any developments regarding the most pressing issue – the fact that the scooter companies have failed to establish insurance coverage for riders. This effectively creates an insurance gap which could place riders in a dangerous and expensive situation if an accident were to occur. All of this is to say that while the scooters become more popular and the city becomes accustomed to seeing them, the city should also be making strides to make them much safer and establish further regulations that ensure that riders and the surrounding public are protected legally as well.

Lightfoot to Hold Town Hall on Budget Spending; Updates Expected Regarding the City’s Infrastructure

Mayor Lightfoot has announced that she will be holding several town hall meetings for Chicagoans in September 2019 to allow for open discussion regarding the City’s budget as a broader attempt to provide transparency to the city’s residents. One of the topics that will likely be discussed is how the city plans on spending the significant increase in funding it is set to receive as part of Governor Pritzker’s $45 billion capital plan that was announced in May of 2019.

We previously wrote on the plan’s overall impact on the crumbling infrastructure throughout the state, especially the roads and freeways connecting Chicago to the surrounding suburbs. Mayor Lightfoot’s townhall should hopefully provide some further updates on announced projects, such as the Kennedy Expressway reconstruction and the I-80 Ridge Road to Lincoln Highway rebuild. While these projects will likely take a significant amount of time to be completed, its important they are followed through as it was announced earlier in May that Illinois drivers were losing roughly $18.3 billion per year due to poor infrastructure and traffic.

Further, the City of Chicago has released a 2020 Budget Survey that asks city residents which areas of the budget should receive reduced or increased spending. If you are interested in attending any of the meetings, see below for further information:

6:00 p.m. to 8:00 p.m. Wednesday, September 4 at the Copernicus Center on 5216 W. Lawrence Ave.
9 a.m. to 11 a.m. on Saturday, September 14 at Roberto Clemente High School on 1147 N. Western Ave.
6:00 p.m. to 8:00 p.m. on Thursday, September 19 at Southeast United Methodist Youth and Community Center (The Zone) at 11731 S Ave.
6:00 p.m. to 8:00 p.m. on Wednesday, September 25 at Lindblom Math and Science Academy, 6130 S. Wolcott Ave.

As Labor Day Nears, Some Tips for Staying Safe and Avoiding the Dreaded Traffic

September 4, 2019 by Levinson and Stefani Leave a Comment

Many throughout the United States will use the upcoming Labor Day Weekend to go on their last planned road trips and family outings prior to the holiday season. As we are all very much aware, Labor Day has a long history of being designated for such activities; one last opportunity to get out and enjoy the end of summer. However, with that excitement comes the downside of having to hit the road alongside what often seems like every other family in the city. As we would all like to believe that traveling over Labor Day Weekend will be a smooth and easy process, the reality is that Chicago has nearly three million residents and it will most certainly show this weekend. Not only will the traffic be far worse for those tempted to get out of the city and explore different parts of the region, but the drivers will be that much crazier and eager to get where they are going.

Similar to other summer holidays like Memorial Day and the Fourth of July, Labor Day has proven to be one of the riskiest times for a driver to be on the road. Ultimately, according to a survey of statistics available between 2011 and 2015, Value Penguin found Labor Day to be the second most dangerous holiday for drivers, with 308 fatal accidents per year. In comparison, the most dangerous holiday was found to be Memorial Day, which resulted in 312 accidents per year. To no one’s surprise, the cities that contributed the most to these alarming numbers were the likes of Houston and Los Angeles, where driving is essentially necessary anywhere you go. For a city like Chicago, where public transit is exceptional in terms of allowing residents to navigate downtown and the surrounding suburbs, this may not seem like as much of an issue; however, with so many people leaving and entering the city limits for their dose of late summer fun, the Illinois Tollway has stated that it now expects roughly 8 million vehicles to pass through the state freeway system, with around 2 million vehicles expected to be on the road on Friday. While those numbers seem almost comical, they present a harsh reality for those living in large metropolitan areas.

Patch Illinois recently wrote a piece on this same topic regarding the best and worst times to be on the roads for the upcoming weekend. The worst time to travel for drivers will be on Friday, August 30^th as most people use that day for travelling to their destinations and plan on doing so early in the morning. Unfortunately, the issue for those hoping to beat rush hour and leave early is that most people travelling are thinking of doing the exact same thing. To put it lightly, traffic will be bad, and it will cause some to drive dangerously. Fortunately, there are a variety of sources providing great tips on things drivers can do to make traveling during this time of the year much safer.

Staying Safe While Enjoying the Holiday

We all want to enjoy the extended weekend and while traffic certainly puts a damper on the experience, USA Today has provided several key tips that may help make your experience just a little better:

Staying Safe – USA states that “there are two major reasons for accidents on highways: losing concentration while driving and ignoring the risk of big trucks. While both factors are incredibly dangerous, the former poses even more risks to others on the roads. Many will be drinking and enjoying their extended weekend with family and friends, but it is necessary that you let others drive. Monitor yourself if you have been drinking and certainly don’t risk getting behind the wheel.
Getting Your Car in Shape – “A routine check of the engine, radiator and fluids will go a long way. Tires should be well inflated and wiper fluid should be replenished. Also, check that the steering wheel and brakes work properly.” Ensuring that your vehicle is running properly and is equipped with all the proper safety features and measures necessary to drive safely is essential. Not only will your drive be far more difficult if a mechanical issue occurs, but you become part of the problem when you are forced to pull over those three lanes of traffic in the middle of rush hour. Be sure to have your vehicle maintenance up to date and keep yourself going to your destination.
Avoiding the Madness – “The most important thing you can do is leave early. Take on the highways early Saturday morning or before rush hour on Friday. If you’re driving on Labor Day, follow the same rules. Most people will brave their return home in the early evening or late afternoon. Try getting to the highways before 4 p.m. or after 10 p.m. and you should be in much better shape.” Although we previously said that the traffic will be bad no matter what over the weekend, you really are putting yourself in a better situation as far as traffic and safety goes. City drivers are already notoriously “wild” in terms of following the laws of the road, the smaller number of drivers you can be around during one of the busiest traffic days of the year, the better.

Overall, we have a responsibility to keep ourselves and others safe, just like any other day of the year. Just know that there will be dangers out there and drivers will be incredibly eager to get to where they are going. Following these tips is just a start for making your Labor Day weekend that much better. Stay safe out there and enjoy the holiday!

As Traffic in Chicago Worsens, City and Trucking Companies Forced to Change Their Practices

August 23, 2019 by Levinson and Stefani Leave a Comment

Recent reports conducted by the Texas A&M Transportation Institute and the 2019 Urban Mobility Report have discovered that Chicago is tenth in the nation regarding the number of hours that Chicagoans waste commuting, as well as ranking third in the total number of hours spent in traffic, resulting in 352 million hours. Looking at these numbers a little closer, the report suggests that due to traffic delays, commuters lose a total of $1,307 annually, a staggering number considering the cost of having a vehicle in the city and commuting to surrounding suburbs. As the Chicago Tribune reported this week on the new study, “more congestion is occurring at periods beyond what is traditionally considered “rush hour.” The author of the report, Bill Eisele, was also able to speak with the Tribune and noted that “a third of the area’s delays happened outside the peak morning and afternoon commuting times.” Why the sudden increase in traffic? While many in Chicago would agree that such circumstances have been a long time in the making, it turns out that the recent uptick in the economy is likely to blame for the increased amount of congestion. The report cites back to some of the initial data it compiled in 1982 and found that the total number of jobs has grown 50% since then, therefore meaning there are far more people not only living in the city but commuting for work as well.

Many people who already live in large cities around the United States may say that this is common sense and as jobs grow, so does the amount of people living and working in the city. To an extent, that is true; however, there are a multitude of outside factors that make traffic in cities like Chicago far worse. For instance, we previously wrote on Chicago’s history of infrastructure issues, specifically regarding crumbling roads and bridges, especially in rural Illinois. As much as we want to think those small potholes on the freeway are a very minor issue not worth dealing with, Chicago is the third largest city in the United States and should be capable of much more. It just so happens that factors such as these are exactly what the new Texas A&M study suggests are only fueling the fire that is the increase in traffic. In his interview with the Tribune, Eisele referred to a need for “squeezing more efficiency out of the system,” essentially ensuring that traffic lights are properly timed, crashes are cleared, and more efficient options, such as public transportation and working from home are provided by employers and the city.

Ultimately, the hope is that by doing what the city already is, but more efficiently, will ultimately curb this increase in traffic. Unfortunately, there is no silver bullet that will fix traffic. The City’s infrastructure can only maintain so many commuters and it needs to take this one step at a time to really begin making a difference.

Overall Effect on the Trucking Industry

As we are all well aware, the quicker truck drivers can reach their destination, the less money lost in the process. Situations such as the ones posed in Chicago and other big cities like Los Angeles and New York cost the economy and commuters a lot of money. For instance, the report cites that the total congestion cost for the freight industry in the region totals $6.53 billion annually. Not only does that truly exhibit the ramifications of traffic issues across the United States, but it shows why steps have recently been taken to help drivers reach their destinations quicker. We previously wrote on how the current administration is aiming to cut the federal drive-time regulations currently in place that protect drivers from driving while fatigued. Unfortunately, such actions as this one eventually establish greater dangers to the drivers and others on the road. So, what can actually be done to ensure that the roads stay safe for truck drivers and commuters, while limiting the amount of money lost?

Transport Topics recently reported on a study that was conducted that could help companies alleviate the affects at issue here. Overall, the study focused on nine motor carriers and their efforts to enhance their safety records. The report listed the following keys to success for companies to increase their driver safety:

Maintaining an open-door policy for drivers to discuss safety-related issues with management.
Sharing carrierwide safety indicators with management and drivers.
Improving hiring policies and training, as well as modifying driver scheduling to reduce fatigue.
Having a zero-tolerance policy for hours-of-service violations.
Informing drivers about the company’s safety culture during orientation, and having all employees participate in safety training and education programs.
The report’s authors acknowledge the industry faces significant challenges hiring and keeping drivers, but they stress companies should resist the temptation to hire drivers to fill a slot.

For further information on the findings of the study and additional tips on driver safety, click here. As traffic congestion grows, it is well known that the roads become less safe. It is important that both drivers and trucking companies do their part, then we can push on the city to keep up with the maintenance.

Chicago Experiences a Significant Increase in Pedestrian Deaths Since July 1st

August 9, 2019 by Levinson and Stefani Leave a Comment

With this summer’s introduction of e-scooters to the streets of Chicago, much of our coverage and interest has revolved around how the City plans to not only curb traffic incidents arising from scooter users’ inability to follow the makeshift laws that have been established throughout the Summer, but the overall affects such riders have on pedestrians, bicyclists, and cars that are navigating the streets alongside them. Thrown to the wayside among this news cycle has been the fact that Chicago has actually experienced a large increase in the number of pedestrian deaths since the beginning of July. As previously reported by Streets Blog Chicago, the Chicago Department of Transportation had acknowledged that pedestrian deaths as of June 2019 had actually seen a 40% decrease year over year. Unfortunately, July proved to be much more dangerous for pedestrians in the city.

According to Block Club Chicago, “between Jan. 1 and July 31, 23 pedestrians were killed in the city. Six of those deaths occurred in July, the deadliest month for Chicago pedestrians since April 2018, when eight pedestrians were killed.” Making these numbers even more problematic is the fact that many safety experts throughout the community believe the issue to be a growing number of vehicles on the road. Unfortunately, the Department of Transportation has also found that one-third of the 23 pedestrian deaths in 2019 occurred in a marked crosswalk. As we have seen time and again, distracted driving remains a likely factor in these types of deaths. And why is that? For starters, our lives revolve around technology that we believe to be easily accessible at any moment. As we are walking down the street, we can video call our friends and family members and simultaneously multitask with the abundant number of apps we have on our phones. It is pretty easy to understand how we become so desensitized to taking our eyes off the road and letting our surroundings take a backseat to what we are really focused on. But that’s not an excuse and it should remain that way as the technology we use in our everyday lives becomes more advanced.

The National Highway Traffic Safety Administration has an entire section on their website pertaining to this topic and we certainly recommend that all drivers become familiar with it. For instance, they state that “sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.” In addition, distracted driving, such as texting, has truly proved to be incredibly dangerous with 3,166 people being killed in motor vehicle crashes in 2017. All this goes to say that it just really is not worth it, and the ramifications of such driving pose far greater risks than missing a text or call from someone.

Drivers Are Not the Only Issue

While it may be easy to point fingers at the driver in situations such as these, the reality is that pedestrians may be just as negligent as the drivers themselves. As one-third of the 23 pedestrian deaths in Chicago have taken place in marked crosswalks, it is very likely that several of those instances included a pedestrian who was walking across a crosswalk while looking down at their phone or with it up to their ear. The issue with our lives revolving around these devices is not that they take our attention away from just the road, but our surroundings entirely. As we have previously written, many states have started invoking laws that ban cell phone use in crosswalks. The danger such actions pose is far too high and unnecessary just as they are for drivers. With that being said, the issue may be two-fold; however, we all know that individuals in marked crosswalks have the right of way and we should not be experiencing this issue in 2019. As a society, we have had years to adjust and understand the ramifications of these devices. It’s upon us now to make certain that drivers understand their actions and pedestrians do all they can to be safe. As Chicago has clearly had a far better year than previously regarding deaths, all it takes is a bad day and series of unfortunate circumstances for these accidents to take place. Unfortunately, whenever we see such accidents occurring where they shouldn’t, it makes the alarm bells sound and we must acknowledge that something is wrong. As Chicago becomes more populated and the number of drivers on the road increases, it will become more dangerous, but it really does not have to be that way. Distracted driving does not have to be a thing because we control these devices. We should be doing everything we can to curb it.

FMCSA Altering Motor Carrier Scoring

August 8, 2019 by Jay Stefani Leave a Comment

The Federal Motor Carrier Safety Administration (FMCSA) recently announced a plan to remove some types of truck crashes from how it tracks and scores trucking companies’ safety records. The FMCSA’s Compliance, Safety, Accountability (CSA) site, which compiles safety data on the nation’s motor carriers, had been criticized in the past for including collisions that may not have been the fault of the truck driver or trucking company. The agency has been testing the revised system since 2017, but now plans on making the changes more permanent.

FMCSA’s Safety Measurement System

“The Federal Motor Carrier Safety Administration’s (FMCSA) core mission is to prevent crashes, injuries, and fatalities related to large trucks and buses on our Nation’s roads.” Working toward this goal, the SMS is designed to help motor carriers incorporate federal safety rules into their operations. Adherence to these regulations is assessed by reviewing on-road performance and compliance, then analyzing the data into seven categories: Unsafe Driving, Crash Indicator, Hours- of-Service Compliance, Vehicle Maintenance, Controlled Substances/Alcohol, Hazardous Materials Compliance (HM), and Driver Fitness. These categories are referred to as Behavior Analysis and Safety Improvement Categories, and are commonly referred to as a BASIC score. The BASIC score for every motor carrier in the United States is used to create a percentile-based safety ranking.

The Crash Indicator category had included all crashes involving a motor carrier’s trucks, regardless of fault. While this made the scoring system easier from a data-collection standpoint, it drew the ire of the trucking industry because it arguably penalized a truck or bus driver for a crash that was caused by someone else.

Certain types of truck crashes eligible for review

The “new” program will allow carriers, including owner-operator truck drivers, to contest certain crashes. If the crash is determined not to be the fault of the carrier or driver, the resulting points would be removed from the Crash Indicator score, thereby improving (or, more accurately, not reducing) the percentile ranking.

With the program, the following types of crashes are eligible for review:

When the commercial motor vehicle (CMV) was struck by a motorist driving under the influence (or related offense)
When the CMV was struck by a motorist driving the wrong direction
When the CMV was struck in the rear
When the CMV was struck while legally stopped or parked, including when the vehicle was unattended
When the CMV struck an individual committing or attempting to commit suicide by stepping or driving in front of the CMV
When the CMV sustained disabling damage after striking an animal in the roadway
When the crash was the result of an infrastructure failure, falling trees, rocks, or other debris
When the CMV was struck by cargo or equipment from another vehicle

Beginning in October, the FMCSA will begin accepting review requests for the following additional types of truck and bus crashes:

When a truck is hit by a vehicle that did not stop or slow in traffic.
When a truck is hit by a vehicle that failed to stop at a red light, stop sign or yield sign.
When a truck is hit by a vehicle that was making a U-turn or illegal turn
When a truck is hit by a vehicle driven by a driver who experienced a medical issue that caused the crash.
When a truck is hit by a driver who admits to falling asleep or being distracted (by a phone, passengers, etc.)
When a crash involves a driver under the influence.
When a crash involves a driver operating in the wrong direction, even if the truck was hit by another vehicle other than the one driving in the wrong direction.

Potential impact

As with many revisions to regulations and review processes, the potential impact will likely not be fully seen for some time. From a common sense standpoint, it seems fair that carriers shouldn’t be penalized for a crash that is neither their nor their driver’s fault. While that is true, there are questions that need to be addressed:

Who reviews the requests?
What kind of investigation is involved in the review?
Will there be transparency?
Will the review process be adequately funded and staffed? Or will a backlog of requests lead to nothing happening?

If the plan works as intended, it should result it more accurate safety rankings for carriers. This would, in theory, lead to safer motor carriers have better scores, and less safe motor carriers having worse scores. Obvious as this may seem, it is critically important for people who care about highway safety. A more credible scoring system would allow companies to select safer carriers to transport their cargo. A more reliable safety ranking would let shippers avoid carriers that cut corners and ignore rules and regulations intended to protect the general public.

Speaking from experience handling numerous truck crash cases, the truck is not always at fault. Or, I should say, one of the trucks isn’t always at fault. In many of our trucking cases, we represent a truck driver who was hit by another truck. Being on the road so frequently, it stands to reason truckers are more exposed to getting hit by other trucks. In a very real sense, safe trucking benefits truckers. Adhering to hours-of-service limits, hiring qualified drivers, and implementing drug awareness programs are all examples of actions carriers should be rewarded for. Safe truckers and truck companies that follow the rules should be advocating for any system that ranks them higher than those that do not.

Correctly identifying who is safe and who is not is a step in the right direction for everyone.