• 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

auto crash

AV Makers Must Report All Crashes, NHTSA Mandates

July 17, 2021 by Levinson and Stefani Leave a Comment

Automakers must report all crashes that involve either partially automated driver-assist systems or fully autonomous vehicles, as recently ordered by the National Highway Traffic Safety Administration.

The American government’s highway safety agency has made it clear it will be cracking down in regards to overall automated vehicle safety–more than it has in the past. Until recently, the agency had still not issued any automated tech-related regulations due to hesitancy about interfering with the adoption of these innovative safety systems.

The mandate, which was released at the end of June, will require that companies operating vehicles equipped with driver-assist systems or operating completely autonomous vehicles, as well as the vehicle and equipment manufacturers themselves, must immediately report autonomous vehicle-involved crashes that occur on public roads. If a driver-assist system was being utilized immediately before or during a crash on a public road, that crash must also be reported.

“By mandating crash reporting, the agency will have access to critical data that will help quickly identify safety issues that could emerge in these automated systems,” said Steven Cliff, Acting Administrator for NHTSA.

Through these reports, NHTSA will be able to identify safety defects and issue a defect investigation or even deploy a crash investigation team when needed. The agency has already dispatched investigation teams to analyze 31 crashes that involved partially automated driver-assist systems over the last six years. Out of those crashes, 25 in particular were using Tesla’s autopilot system and reported 10 deaths, according to the agency’s data.

These kinds of driver-assist systems are meant to help keep a vehicle at a safe distance from any vehicles in front of it as well as keep the vehicle centered in its designated lane. Still, though, most manufacturers, and Tesla itself, make sure drivers know that although the system may be operating on autopilot, they must still be alert and ready at all times to intervene when necessary. In fact, there have been instances of Teslas using the company’s autopilot system and hitting a roadway barrier, crashing into semi trucks crossing in front of them, and getting in the way of emergency vehicles.

The National Transportation Safety Board has been investigating these crashes and has recommended that Tesla, along with the NHTSA, only allow Tesla’s autopilot system to be operated in the areas where it is known to be able to safely do so. NHTSA should also mandate that Tesla develop an improved system that ensures drivers must be paying attention, the NTSB recommended. As of now, there have been no changes made by NHTSA.

These agencies are also looking into a myriad of non-fatal partially automated system-involved crashes in vehicles like a Volvo XC-90, a Lexus RX450H, and two Cadillac CT6s. Some investigative teams have also been deployed to look into a crash involving an Uber-operated Volvo XC-90 (during which a pedestrian was struck and killed), as well as a crash involving an automated Navya Arma low-speed shuttle bus.

“Collecting crash data, and hopefully data from crashes which were avoided, can help serve a variety of purposes from enforcing current laws to ensuring the safety of customers, as well as paving the way for reasonable regulations to encourage the deployment of safe advanced vehicle technology,” explained executive director for the Center for Auto Safety, Jason Levin. The Center for Auto Safety is an advocacy group and nonprofit and has been urging the NHTSA for years to implement strict oversight onto automated vehicle usage.

According to this order, companies will need to report all crashes involving partially automated vehicles or fully autonomous vehicles within one day, as long as they were serious enough to require a tow-away or involve a death, air bag deployment, hospital-treated injury, or any pedestrians or bicyclists.

Additionally, the requirement will not apply to consumers owning autonomous or partially autonomous vehicles or to the auto dealers selling these vehicles. All other crashes involving these kinds of vehicles that involve property damage or injury must be reported once a month.

Think Top Safety Scores Mean Safer Cars? Think Again, New Study Says

April 4, 2021 by Levinson and Stefani Leave a Comment

Even while driving in a car with top safety scores, the difference between driving safely and driving just a few miles per hour faster can make crash injuries exponentially worse, according to new research.

A vehicle that is given a score of “good” during crash tests conducted by the Insurance Institute for Highway Safety–a top score in this testing–at 40 miles per hour would likely earn a “poor” rating during an identical test conducted at just 5 miles per hour faster, according to the study. These kinds of tests are typically done at vehicle speeds of around 35 miles per hour and don’t necessarily depict the actual danger of the speed with which drivers typically travel on American roadways.

Still, consumers usually rely on these crash test scores given by either independent or government testing groups when purchasing a vehicle.

Testing cars at higher speeds seems like a viable solution, but that isn’t actually the case, said IIHS spokesperson Joe Young. IIHS, an insurance-funded advocacy and research group, co-authored this study.

“At first glance, increasing crash-test speeds sounds like a good way to improve design, but it actually could have unintended consequences,” explained Young. “Stiffer structures required to perform well at higher speeds might actually make lower-speed crashes more dangerous, since crumple zones wouldn’t engage as well.”

Should roadway speeds be limited to around 40 miles per hour, then? IIHS says ‘no’–crashes need multiple factors coming into play.

“In the real world, you may have time to apply the brakes, or you might strike a vehicle from behind that is moving in the same direction, or you may strike something that weighs less than your vehicle,” said Young. “All of these things impact how much energy is involved in the crash” and its severity.

Still, though, the continuous raising of speed limits in some states cannot go on if roadways are to get safer, Young noted.

“We know that changes to the state speed limit have a direct effect on fatalities, yet states continue to raise them,” he said.

IIHS researchers, the AAA Foundation for Traffic Safety, and crash-test dummy manufacturer Humanetics all collaborated on the study, and tested three 2010 Honda CR-V SUVs, all with similar maintenance histories and mileage counts, at speeds of 40 MPH, 50 MPH, and 55.9 MPH. THE CR-V was given a “good” crash-test rating across multiple categories when initially tested, and was also believed to represent an average American vehicle in regards to size and age. All three of these tests simulated a “moderate overlap” driver’s side crash, replicating what typically happens when a vehicle endures a partial head-on collision with another car or a barrier.

The Honda’s safety structure wasn’t able to adequately absorb impact at higher speeds, and allowed the crash force to reach the dummy in the driver’s seat. Therefore, a driver enduring a crash at 50 miles per hour has a “considerably lower” chance of surviving than one enduring the same crash at 40 miles per hour, according to the test results.

The results showed that the passenger compartment wasn’t deformed during the 40 mile-per-hour impact, and was given a “good” score. At 50 miles per hour, though, the chance of head, neck, and leg injuries increased significantly, giving the vehicle a “poor” score.

Crash results became severe at a hit of 55.9 miles per hour, with the dummy’s legs partially crushed, its head sticking out of the newly-broken window of the driver’s side door, and significant impact to its head from the deployed airbags.

“Designing a car with a good crash protection is a careful balance,” said Jennifer Stockburger, Consumer Reports’ Auto Test Center’s director of operations. Vehicle structures and their crumple zones must be strong enough to protect against passenger space deformation while still being able to deform just enough for the vehicle to absorb some of the energy of impact itself instead of allowing it to be transferred to a driver or passenger. “Speed can alter that balance in a negative way,” she noted.

CR’s safety policy manager, William Wallace, explained that a particular advanced safety system is especially beneficial in crash situations like these. “Automatic emergency braking that works to prevent or mitigate crashes at highway speeds has enormous potential,” he said. “While many of today’s new car models come standard with city-speed AEB, and some come with pedestrian detection, highway-speed AEB is less common. Automakers should keep improving their AEB systems to save lives down the road.”

Additionally, systems including lane departure warning, blind spot monitoring, and forward collision warning are also extremely helpful in helping drivers prevent crashes or in having time to reduce crash speeds, Stockburger added.

“This study shows that speed has a significant effect on the level of injury vehicle occupants may sustain,” she said. “So, even if these systems can’t prevent the crash entirely, if they are successful in prompting an earlier reaction from the driver or vehicle that reduces the speed of the vehicle at the time of impact, they will provide benefits.”

Someone hit my car – Now what?

March 2, 2021 by Levinson and Stefani Leave a Comment

It is my firm belief that motor vehicle collisions are avoidable. They are almost always the result of someone’s carelessness or misstep somewhere along the way. Whether a crash resulted from a vehicle not being properly maintained, or a sleepy or fatigued driver, car crashes can be avoided. However, what if you do everything right and still your vehicle is hit by another car in a situation that was entirely not your fault?

You can imagine a driver going the speed limit or even slower, or with the flow of traffic, and then that driver stops after a light ahead of them turns yellow then red, or other cars slow down or stop because of traffic backing up. This is an extremely common scenario. It is so common, in fact, that most people don’t even give it any thought. It’s just part of the world we live in. No one thinks about it unless someone traveling through this transportation system we are all accustomed to doesn’t pay attention, or looks at their phone when they should be looking at the road, other cars, or hazards up ahead, and hits someone or another car. This of course, disrupts everything. It disrupts movement on the roads, people’s schedules, and worst of all, it can cause someone to be seriously injured or killed. In Illinois alone, over 1000 people died in traffic crashes in 2019. Each one of those people lost, should be alive and with us today, yet sadly, they were lost in preventable tragedies. When this occurs, the victim or their family is left to pick up the pieces.

I’m writing this series of blog posts about the aftermath of motor vehicle crashes to let people know what they might expect to encounter if they were unfortunate to have been involved in a collision that was no fault of their own, and so that people can better understand how things work with car insurance, traffic tickets that are issued when a crash occurs, medical bills, and the legal system, or the system of justice where people seek to make themselves whole. Although when faced with a permanent injury or the death of a loved one, that isn’t actually possible because we simply can’t change the past, but we try our hardest to make things right.

Some people may be surprised to learn that in Illinois, the person who was injured by another driver who was actually at fault for a crash will be responsible for securing their own medical treatment. In other words, although the person responsible for the damages caused in a crash should ultimately compensate the person who they injured for reasonable medical treatment related to those injuries, this doesn’t happen right away, or while the injured party is getting care. Compensation from the responsible party in this case would happen when the case is finally resolved by settlement or a verdict, if the case were to be decided in court by a trial.

Additionally, even though a crash was not your fault, you may benefit from opening a claim with your own insurance company relating to medical payments or possible coverage if the other driver who caused the collision had no insurance or not enough insurance. In reality, there are numerous aspects of the aftermath of a motor vehicle crash that many hard-working people, who have had little to no experience with the legal system might be surprised to learn about, or just wouldn’t have known how best to navigate.

To be sure, all the answers to the question of what to do if you’re the victim of a crash can’t possibly be contained in an online article, or even a whole series of them. There is no substitute in these cases for a consultation with an experienced professional. I highly recommend seeking advice from an experienced attorney with a good reputation who practices in the area of personal injury as soon as is reasonably possible after a crash. Nevertheless, I am hopeful that the information contained here and the posts that will follow will give people more of an insight into how the system works in Illinois. Please stay tuned and be safe.

$8 Million Granted in Roadway Safety Efforts, Including ND’s Autonomous Crash Truck

March 15, 2020 by Levinson and Stefani Leave a Comment

Commuters are already moving about before dawn on the streets of Washington DC United States Capital City

The state departments of transportation and local governments of 10 different states are receiving part of the Federal Highway Administration’s $8 million in grants for Accelerated Innovation Deployment or AID demonstration programs, as announced January 21st.

These grants will work to accelerate the implementation of new transportation technology, improve traffic management, speed up completion times for bridge projects, and improve overall roadway safety in Alabama, Arkansas, Colorado, Florida, Illinois, Iowa, Michigan, Minnesota, New York, and North Dakota.

“These funds will help support our state and local partners across the country in their efforts to deliver more resilient roads, bridges, and highways for the traveling public,” said FHWA administrator, Nicole Nason.

One of these efforts is that of North Dakota, which received $241,687 for its autonomous crash attenuator truck.

A crash attenuator itself is a tool used to lessen crash impact, and is often installed at the end of a guardrail. An attenuator truck, or a “crash truck,” is typically positioned at the ends of work zones to help protect workers from collisions.

“[The attenuator] dampens or deflects that vehicle that’s coming into the work zone,” NDDOT engineer Travis Lutman said. “This is a big box, essentially, that is meant to deflect or absorb the impact of a crash so it doesn’t enter the work zone and hurt anybody.”

As of now, NDDOT uses an attenuator-mounted truck which must be operated by a driver. According to Lutman, the FHWA will be used for new autonomous vehicle tech in order to create a system allowing a driver-operated lead vehicle to communicate easily with an autonomous follower vehicle.

This attenuator-equipped follower vehicle would not need a driver in a work zone, but a human operator would need to aid in transporting the vehicle to and from the zone itself. Lutman said the autonomous attenuator truck would be useful in tasks like crack sealing, lane striping, and bridge cleaning.

The overarching goal of this new system is to increase safety around work zones, especially for the operator of current crash trucks.

“We want to get him or her out of that vehicle, creating a safe work environment for them,” said Lutman.

He also explained that Fargo will be the first city to implement the technology as efforts move forward between North Dakota and Minnesota.

Additionally, in Florida, the Florida Department of Transportation and the City of Orlando are using their joint $1 million AID grant for a segment of a larger project aiming to better manage traffic flows around downtown Orlando–which will specifically seek to improve “traffic signalization” at roadway intersections throughout the downtown area.

In New York, the state Department of Transportation will work to improve traffic incident management with its $740,000.

With $1 million, the Alabama Department of Transportation and Baldwin County will accelerate bridge construction and next beam ultra-high-performance concrete retrofit in an effort to shorten construction time from 14 weeks to six weeks.

Arkansas will use $313,600 for 3D modeling and paperless construction to enhance Global Navigation Satellite System technology throughout engineering and construction project phases.

Colorado’s DOT will use its $800,000 for Snowplow Signal Priority, allowing prioritized treatment for snowplows at traffic lights in order to help traffic flow more easily during snow removal.

In Iowa, the DOT and the city of Dubuque will develop a next-generation traffic control system in order to link 11 different corridors and act as one large integrated system. The state was given nearly $1 million for the project.

The Minnesota DOT will use another $1 million to improve safety and access along Broadway Avenue in Winona. In Michigan, the Department of Transportation will use $1 million to accelerate bridge construction and employ Prefabricated Bridge Elements and Systems (PBES) to decrease traffic delays, currently caused by the construction of its 2nd Avenue Network Arch Superstructure project.

The Illinois Department of Transportation will also use $1 million to implement compacted concrete pavement to improve the surface of Jerseyville’s Hollow Avenue. This concrete differs from standard roller compacted concrete with its high-density asphalt-type paver instead of standard paving. Compacted concrete pavement has a similar surface finish to standard pavement, but will use a tamper screed on its high-density paver. This will compact the road’s surface without the need for roller compaction.

“The grants being awarded today will help advance innovative transportation solutions to improve safety and mobility on America’s roadways,” said FHWA’s Nason.

Convoy Trucking Proving the Industry Must Adapt

December 18, 2019 by Levinson and Stefani Leave a Comment

2019 has been a tough one for the trucking industry. Through continuous storylines covering the driver shortage to serious concerns regarding the overall business prospects for trucking companies, the industry has truly been struggling. Despite all the noise, there have been several companies who have been able to cut through the tension and make a name for themselves. Recently, it was announced that Convoy, an on-demand digital trucking platform, has raised $400 million in funding, which will help it escalate its business model and bring it to market. What exactly is a digital trucking platform? For starters, Convoy’s intention is to cut shipping costs by creating a streamlined alternative to the large amount of wasted space that occurs in most long-haul trucks. The goal is to digitally connect shippers with trucking companies. Think Uber for truck drivers; something we have already seen in the market with Uber Freight.

While the news of Convoy’s new round of funding may not appear monumental, it really is a sign that the industry could seriously pivot within the next decade. For instance, back in August of 2019, The New York Times wrote a piece about Convoy’s emergence within the industry and had the opportunity to speak with Silpa Paul, a commercial vehicle analyst for Frost and Sullivan, a prominent research company specializing in consulting for companies. In that piece, The New York Times stated that “Ms. Paul estimated that services like Convoy’s were expected to grow rapidly, from posting $210 million in broker fees in North America in 2017 to $6.7 billion in 2025.” Further, Paul had determined that the streamlined efficiency would likely not bear on a loss of trucking jobs, because there was already such a severe shortage, as announced by the American Trucking Association. For an industry struggling as much as the trucking industry is, companies finding the potential to garner billions of dollars certainly provides a few bright spots.

Moving forward, Convoy understands that although it has produced the necessary funding to evolve its business model and become a national brand for many shippers, it also faces competition from the likes of Uber Freight. That’s why it is fascinating to see where this brand goes next. According to Tech Crunch, “the company launched in 2019 an automated reloads feature that allows truckers to book multiple loads at a time. It also added Convoy Go, which allows drivers to bring their truck cab and hook up to a trailer pre-filled with cargo.” These advancements are really where we will see how profitable and transformative these digital freight shipping apps will be. While long-haul freight is likely to be where the money is for Convoy, the reality is that there are drivers throughout the industry looking to independently move freight. Allowing for drivers to bring their truck cabs to pre-filled cargo shipments truly changes how the industry functions.

Changing Industry May Bring More Challenges than Previously Believed

There is much to be said about Convoy’s business model and how it; coupled with Uber Freight, will have a tremendous impact on the industry as a whole. Unfortunately, it seems to go unnoticed that some of Convoy’s investors happen to singlehandedly turn the industry on its head already. Currently, Jeff Bezos serves as a primary investor for the company, being that both Amazon and Convoy are located in the same city and largely have the ability to overlap their business models; it’s a genius move by the billionaire. Unfortunately, we have already written about how Amazon is threatening the industry by bringing its shipping and delivery in-house to save on costs. With Class 8 tractors now on the roads for the company, a start-up with the ability to handle the “spot market” with the click of a button seriously threatens small companies. Sure, there is already a driver shortage and Convoy argues that it won’t be taking jobs, but rather rendering shipping more efficient by ensuring that freight is carrying up to its capacity. The issue is that there are many small trucking companies throughout the United States and a majority of their business relies on the “spot market” to turn a profit. In 2019, the spot market has been down. Some may argue that these new apps will help alleviate this issue; however, the long-term ramifications due to who actually has a “say” within companies such as Convoy may present far more issues for the industry and its ability to support small and medium size trucking companies in the next decade.

Chicago Releases Long-Expected West Side Traffic Safety Plan

October 10, 2019 by Levinson and Stefani Leave a Comment

Mayor Lori Lightfoot and the city of Chicago recently announced a West Side Vision Zero Traffic Safety Plan, which aims to address the prior administration’s intent to create a comprehensive infrastructure plan based on “crash data to identify 43 high crash corridors and eight high crash areas in Chicago,” according to SmartCitiesWorld, an online publisher specializing in infrastructure analysis. The new plan comes on the footsteps of the city’s announcement that it would spend $6 million on establishing proper infrastructure and safety on the West Side of Chicago. As part of this initiative, the Chicago Department of Transportation (CDOT), recently installed pedestrian islands at the intersection of Madison St. and St. Louis Avenue. This announcement and the work soon to begin on the West Side is all being done under the City’s Vision Zero Chicago initiative, part of a global movement that addresses fatal infrastructure issues throughout cities with the belief that crashes can be easily avoided so long as the proper infrastructure is in place.

According to the Vision Zero Principles the city prominently displays on its website, the new initiative sets out to adopt and implement specific plans that match accordingly to high crash areas. As discussed above, the recent pedestrian islands that were installed on the West Side are just the beginning of acknowledging and trying to alleviate the injuries likely to occur in neighborhoods with dangerous infrastructure issues. Overall, actions such as these fit under the umbrella of the City’s ultimate goals which it declares are to:

  • Invest equitably in communities that are most affected by severe traffic crashes.
  • Work to change behaviors and perceptions to build citywide culture of safety.
  • Make streets safer for all users.
  • Encourage and implement policies, training, and technologies that create safer vehicles and professional drivers.

All of this goes to say that Chicago understands there are communities that have long been neglected when it comes to issues such as infrastructure; and the West Side is certainly one of those communities. As the initial high crash data showed, seven of the eight high crash areas were located on the West and South sides of Chicago. With the introduction of this new plan, residents of these communities will be receiving long awaited uptick in public safety standards that will render the roads and sidewalks far safer for all.

The West Side Initiative

Although the official plan has yet to be posted to the City’s dedicated website for this topic, Streetsblog Chicago wrote an analysis of what can be expected. “The Vision Zero West Side Plan includes 15 strategies to improve traffic and pedestrian safety in East and West Garfield Park, North Lawndale and Austin. The recommendations include safety improvement around transit stations; efforts to promote walking and biking to school.” Overall, the new plan appears to go all in on alleviating a lot of the issues that have plagued this part of the City for years. What makes this plan different than other projects that have been announced in the past is the fact that it truly is comprehensive and input from community leaders on the West Side and all around the city have been taken into consideration. For example, in creating the West Side initiative, the CDOT worked with the Garfield Park Community Council, the North Lawndale Community Coordinating Council, Lawndale Christian Health Center, Build, and Austin Coming Together.

While the plan that has been proposed appears to be all about public safety policy, there’s more to it that CDOT is hoping truly transforms how people travel on the West Side and engage with their community. For example, while traffic safety is a key part of the initiative, the plan also calls for job creation and an increase in quality of life. One way it aims to achieve these two goals is through allowing residents to feel safe walking, biking, and using public transportation. While such things and fixing light poles and cleaning up transit areas seem small, the reality is that actions such as this make individuals more likely to use means other than driving for transportation purposes. As we have repeatedly addressed, the more individuals on the roads and increasing the odds of traffic throughout the city, the more crashes and injuries that will result so long as infrastructure issues remain.

Ultimately, this new initiative may appear to be no more than a pipe dream for communities that have long been promised change throughout the city, but the real hope remains that CDOT will hold to its plan and transform parts of the city and will keep those on the road safe, and the residents in the community much safer. 

  • Page 1
  • Page 2
  • Go to Next Page »

Levinson and Stefani Injury Lawyers in Chicago / Attorney Advertising