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Someone hit my car – Now what?

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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.

When you’re buying car insurance make sure to read the fine print

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Have you ever bought a car you could barely afford, or thought you paid too much? Nobody wants to drive around in a piece of junk, and for many Americans, your car is part of your identity. So, picking just the right one is important. But then you have to figure out how you’re going to pay for it. Maybe you’ve saved up enough cash to purchase your dream ride. Perhaps, you just want to lease. A lot of us get financing from a bank. You put some amount down and drive away with a payment you have to make every month. But that’s not the end of the story. Now you have to get insurance. Everyone knows, you can’t drive off the lot without insurance coverage. Yet, it might not be the first thing on your mind when you’re excited about a new car, or one that is at least new to you. 

In Illinois, it’s mandatory to have at least $25,000 in liability coverage. That is, if you cause a crash, you have to have at least that much coverage on your policy. To be more precise, it’s $25,000 per person and a total of $50,000 per incident. In other words, supposing an Illinois driver caused a crash that resulted in three people being injured. If none of those people bore any responsibility for their injuries, there would have to be a determination on how to divide the $50,000 insurance policy limits of the at-fault driver. If the damages those three people suffered combined to an amount in excess of $50,000, that determination can be complicated. 

We haven’t even mentioned property damage yet. If that car you just bought gets wrecked, how will you pay to get it fixed or to buy a new one if it’s totaled? Illinois doesn’t require you to buy collision coverage. So, if your car is damaged in a crash and you only have liability coverage, you may be left to fend for yourself. However, even if you do have collision coverage, it may not be enough to cover your loss. 

Back in 2008, the mortgage foreclosure crisis was in the news and we all kept hearing a lot about people that were underwater in their homes. What that meant was that people had borrowed more money to buy a house than the house was now worth. So, if they couldn’t pay the monthly note, selling the property wouldn’t fix the problem because they wouldn’t’ get enough from the sale to pay all the money they borrowed back to the bank. They would then be left with no house and an unpaid debt they were still responsible for. 

The same principal works with cars. Only, the reason why you could be left paying back the bank for a car you no longer have isn’t because you didn’t pay your bills. You could have paid every single bill on time and been the most responsible and safe driver. If someone else causes a crash that isn’t your fault, for example, you get rear ended at a stop light after you have been waiting at the red light for three minutes and the person behind you smashes into your rear bumper because he was looking at his phone, having a car that is worth less than the amount you owe the bank will leave you having to pay off a debt for nothing. 

This is because most auto collision policies only cover the value of the car. Supposing you buy a used car that you really wanted, but you don’t have the cash to buy it outright, so you borrow the money from your local back. The bank paid the dealer so you can have use of the car, but the bank still owns that vehicle until you pay them back. Add interest to the deal and the fact that your car continually depreciates in value and you could get into a situation where the fair market value of that car is less than how much you still owe the bank. If that car gets totaled, even if you pay all your bills on time and the crash was not your fault, if your insurance company contract says you only get how much the car was worth at the time of the crash, you still owe on that loan from the bank. 

So what do you do? The obvious answer is to buy a car you don’t have to borrow a ton to get. However, if you’ve already found yourself in the situation described above, talk to your lender. See if you can cut some kind of deal. Talk to the dealership too and see if they can either roll the existing loan into a new finance deal or come up with some other solution within the allowable rules that will allow your bank to help you out. Most importantly, is read your insurance contract and know your money. Educate yourself on exactly how the payment structure will work, how much the car is actually worth, and what your insurance policy covers. Some insurance companies may offer a policy that will allow you to replace your car. Find out. And if you have questions, ask. And lastly, be safe. 

Number of Traffic Fatalities Down in 2019

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With 2019 now in the rearview mirror, new data suggest the last year of the decade proved to be a positive one for drivers across the United States, as traffic fatalities saw a year-over-year decrease of 2.2% throughout the first 9 months of the year. According to Transport Topics, the National Highway Traffic Safety Administration estimated there were 26,730 fatalities that occurred in 2019. While the statistics alone appear to be alarming, many should see this as a positive sign as it makes “the third quarter of 2019 the eighth consecutive quarter for year-over-year declines in traffic deaths since Q4 of 2017.”

Not only does this data establish that the United States has consistently been decreasing the number of traffic fatalities each year, but it proves that more drivers on the road and more miles being driven on average across the entire United States does not necessarily mean more fatalities will occur.

For instance, the Federal Highway Administration has also released data showing there has been a 1% increase in overall miles travelled by Americans in the first nine months of 2019, with an increase of 24 billion miles.

While this news is certainly positive and provides the nation with an idea of the direction in which certain initiatives are going, it’s important that we do not view such statistics in a vacuum.

To be sure, there has been a 2.2% decrease in traffic fatalities, but as is often the case, there is no silver bullet approach when it comes to trying to curb what can often feel like inevitable results.

According to the National Safety Council, a non-profit organization specializing in decreasing preventable deaths, the Road to Zero Coalition has been actively promoted. The Safety Council’s plan to eliminate all road deaths entirely serves as a guide for both state federal governments to adopt specific strategies to ultimately put an end to all traffic fatalities by 2050.

As highlighted in the report generated by the council, the strategies proposed are based on three “approaches” the coalition has found to be integral to succeeding in their initiative:

1.     Doubling Down on What Works

Supporting policies that are based on research in roadway design and construction, vehicle engineering, law enforcement, consumer education, and trauma care. 

2.     Accelerating Advanced Technology

Establish new partnerships with manufacturers, technology companies, and EMS and trauma systems, as well as with public safety and health groups.

3.     Prioritizing Safety

Adopting a “Safe System Approach” that prioritizes using proven safety methods which allow for individuals to make mistakes, yet such mistakes will not result in actual death.

In addition to establishing an overall guide for states to adopt, the council also holds “Road to Zero” webinars which serve as an introduction for new members joining the coalition to learn what other cities and states have already encountered in attempting to implement such strategies.

Although the task that the National Safety Council is trying to accomplish appears to be far larger in scope than what is realistically possible, such ambition has not gone unnoticed. Since its inception, the Road to Zero initiative has garnered roughly 900 members of the coalition. Among those members include the Federal Highway Administration, Federal Motor Carrier Safety Administration, and the National Highway Traffic Safety Administration. This is precisely what needs to occur across the United States for such lofty goals to be achieved.

It may seem unrealistic for us to be able to completely curb traffic fatalities when a 1% increase in the miles travelled across the country resulted in 24-billion-mile increase; however, when such a large number of companies and organizations are united behind these goals, there will be results.

Some may view the 2019 traffic fatality statistics as nothing more than a necessary update to the public to establish that the funding and donations being received are actually paying dividends. While that may be true to some extent, it is absolutely essential to remember that a silver bullet does not exist, and the efforts being put forth by such organizations as the National Safety Council are truly worth monitoring.

It could very well be the case that over the first few months of 2020 a spike in traffic fatalities occurs, but that should not mean we stop implementing these strategies in the future. Even without a silver bullet approach to decreasing traffic fatalities, our states, cities, and communities owe it to citizens to provide smart and convenient traffic routes and policies. Without implementing such policies, their failure to do so could render them accountable for future fatalities that were otherwise preventable.

A Left Turn On a Green Light Can Still Be Dangerous

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Everybody knows that green means go. Kids learn this concept in pre-school. However, every driver should know that turning left on a green light with approaching oncoming traffic requires waiting for the intersection to clear or for there to be enough space to avoid hazards before proceeding with the left turn. This rule is even stated in Illinois traffic law.

Government statistics show that crashes occur more frequently in circumstances involving left hand turns than right hand turns. The reason for this can probably be explained through commons sense reasoning. Left hand turns take longer and cover more space. Drivers often have to time their left turns to avoid oncoming traffic that also has a green light unless they are turning left at an intersection that had a traffic control light that includes a left turn only green arrow. But, even in those situations, motorists will still need to look for pedestrians crossing over the street that they intend to turn into or other vehicles disobeying the traffic signal. Obstructed views can also make left turns more challenging. Although, a good rule of thumb for those situations is to wait to turn until you can see that the intersection is clear and it is safe to turn.

Other Cars May Be Blocking Your View

When turning left, a driver’s view can be obstructed by other cars or trucks waiting to turn left from the opposite direction. Depending on how curved the road is, or how big the vehicles are on the other side of the street, a left turning driver may not be able to see oncoming traffic from his or her vantage point until those drivers make their turns or move out of the way.

Road Design Might Contribute to Obstructed Views for Left Turns

Additionally, the features of a road or intersection can make it tough for drivers to see each other. Take a street like Stony Island in Chicago, for instance. For motorists traveling southbound on Stony Island Avenue approaching 69th St. in Chicago, one factor to consider is that there are a group of trees in the center median of Stony Island just south of 69th Street. If you wish to make a left turn from S. Stony Island Avenue on to eastbound 69th Street, you have to make the turn from the designated left turn lane. When the light is green for drivers attempting to turn left, it is also green for cars coming from the opposite direction traveling northbound on Stony Island. As you approach this intersection heading south on Stony Island Avenue, you have to keep a look out for vehicles heading north on that same street if you intend to turn left on to 69th Street. You should also be aware in that situation to make sure the trees in the median aren’t preventing you from seeing any oncoming vehicles heading north.

David Struett, a reporter for the Chicago Sun Times, recently published a story about a fatal crash at this same intersection where a car that was attempting to turn left onto eastbound 69th Street collided with a motorcycle heading north on S. Stony Island Avenue. Both of these drivers had a green light at the time of the crash. The driver of the motorcycle died as a result of his injuries from this tragic incident.

How Can I Make Left Turns Safer?

For intersections where making a left turn requires looking past obstructions, either natural or man-made, and avoiding oncoming traffic, the way to make traveling easier and safer for drivers is to avoid making that left turn altogether. I understand that this may sound strange, but considering the hazards that this intersection may impose on every driver’s goal of avoiding collisions and arriving at their intended destination safely, taking another route that could include 3 right turns instead of a tricky left could be the safer option. Not to mention the potential gas savings that come from less stopping and idling that left turns require and right turns do not. Besides, if it’s safer to make right turns than it is to make left turns generally, why not avoid turning left if you don’t have to? Every driver who makes a decision to take more safety precautions on the road has the potential of making things safer for all travelers.

Nashville Bans Electric Scooters After Man is Killed

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Nashville wants scooters out until there is more oversight

Nashville mayor, David Briley, took to Twitter last Friday to announce he was submitting a recommendation to the City’s Metro Council to enact legislation that would immediately terminate its shared urban mobility device (SUMD) pilot program, effectively removing all ride-share electric scooters from the streets until further review and oversight of numbers, safety, and accessibility is completed.

As reported by the Tennessean, the crash that caused the injuries that led to the death of a 26 year old man in Nashville occurred on May 16, 2019. Three days later he was pronounced dead at Vanderbilt University Medical Center. According to police, a witness reported seeing the man make an improper left turn after leaving the sidewalk and entering the roadway into the path of an SUV. A toxicology report stated that the man’s blood alcohol content was at 0.198% on the night the crash happened.

Electric Scooters aren’t generally allowed on sidewalks

These electric scooters are meant to be used within bicycle lanes and there was such a lane present in the area where the crash occurred. Riders are not permitted to operate the scooters on sidewalks in Nashville’s business district where this incident happened, according to local police. After the man’s death, his family posted a petition online calling for a ban on SUMD scooters in Nashville.

Regardless of how the crash occurred, drivers have a duty to keep a proper lookout for pedestrians, bicycles, and scooters. And, all people traveling on roads should use reasonable caution to avoid collisions. Electric scooters add an extra element to traffic that make the roads that much more congested. There were 8 companies participating in Nashville’s scooter-share pilot program. Chicago has 10 vendors supplying a combined total of 2,500 e-scooters. However, Chicago isn’t letting them go downtown yet, maybe not ever.

Is downtown the best place for e-scooters?

High traffic areas, like business districts and downtowns, may require more planning on the part of municipalities to make sure that these programs are introduced with safety in mind. Getting somewhere faster, cheaper, and easier sounds great, but that doesn’t matter if riders are more likely to get injured. 

The question is, are scooters meant to be a replacement for other forms of urban transportation, or are they meant to be a go-between to allow people to travel from more residential areas to other forms of transit more quickly and cheaply? The go-between model seems to make more sense and that’s the approach Chicago is taking. Mary Wisniewski included a map in her Tribune article  on the arrival of e-scooters in Chicago showing where the City will allow these devices to operate this summer. The neighborhoods, as opposed to the loop, may be a better fit for Chicago, which already has a lot of ride share vehicles taking people from place to place in addition to the busses and trains that already service passengers. People who need to get from their home to an L-stop may find a scooter more convenient than walking, hailing a cab, or ride-share. Yet, in these less congested areas, both scooter riders and automobile drivers need to keep a proper lookout for each other to avoid collisions as they share the road.

The bottom line is, no matter if you’re walking, biking, riding, or driving, it’s important to pay attention to other people on the roadway. That means keeping off cell phones and getting a ride from someone else if you’re tired or had too much to drink. And, with decriminalized marijuana coming to Illinois, fellow travelers need to add cannabis to the list of things not to combine with operating a vehicle. Safety should be foremost in everyone’s mind wherever they go.

Kids Under 2 Require Rear Facing Child Seats in Illinois

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Effective January 1, 2019, the Illinois legislature amended the law known as the Illinois Child Passenger Protection Act, requiring children under two years old to ride in rear facing child seats unless they weigh more than 40 pounds. This rule change also includes new fines. Violators will be assessed $75 for the first offense, and $200 for each subsequent failure to comply.

Illinois law already required children under 8 to ride in a secure child safety seat. A child’s safety is, of course, the reasoning behind these regulations.

A study conducted by the Centers for Disease Control and Prevention found that 35% of kids under age 12 that died in car crashes in 2016 in this country were not properly restrained. That means, that of the 732 motor vehicle crash deaths in that age group, at least 256 stories may have gone differently. That’s hundreds of families who might have had a different outcome.

Because Illinois law considers the first violation to be a petty offense, a person who has been charged with violating the Illinois Child Passenger Protection Act for the first time may avoid a conviction by successfully completing a child passenger safety instructional course and proving proof in court that they have a proper child safety seat for their vehicle.

Parents or guardians who have questions about how properly install child safety seats should reach out for help. One resource could be your local fire department. There are certified child passenger safety technicians who are available to help at firehouses, police stations, and sometimes hospitals. The National Highway Traffic Safety Administration keeps a list that can be found here: http://www.nhtsa.gov/cps/cpsfitting/index.cfm

Chicago residents can find help by phone too:

Chicago Police Department: Dial 311
Chicago Fire Department: 312-747-6691

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