Levinson and Stefani Injury Lawyers

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

(312) 376-3812

car safety

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

by Leave a Comment

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. 

As COVID-19 Brings Clearer Roadways, Vehicle Fatality Numbers Still Climb

by Leave a Comment

Although many states throughout the nation have been abiding by stay-at-home orders during this time off pandemic–which has created clearer roads and lighter traffic in most areas–the National Safety Council has reported that the overall number of vehicle-related fatalities per miles driven has risen 14% in comparison to the same time frame in 2019.

This March, the number of motor vehicle deaths dropped by 8% compared to March of last year, while the number of miles driven declined by 19%. Still, the number of vehicle-related fatalities has increased, which the National Safety Council analyzed by taking into account deaths of anyone involved in motor vehicle-related accidents–drivers, passengers, cyclists, and pedestrians.

Additionally, the mileage death rate per 100 miles travelled was 1.22 in March 2020 versus 1.07 in March of 2019. Illinois is one of the states with the largest increases in roadway deaths for the first few months of 2020, with an 11% overall increase. Others include Connecticut at 42%, New York at 17%, and Arkansas at 16%.

“Disturbingly, we have open lanes of traffic and an apparent open season on reckless driving,” said president and CEO of NSC, Lorraine M. Martin. “Right now, in the midst of a global pandemic and crisis, we should take it as our civic duty to drive safely. If we won’t do it for ourselves, we should do it for our first responders, our law enforcement, and our healthcare workers, who are rightly focused on coronavirus patients and should not be overwhelmed by preventable car crashes.”

This new data comes as a result of drivers behaving much more recklessly on the roads with the lack of traffic during the pandemic, and regional officials have been reporting upticks in local car crashes in many areas across the nation.

“What really strikes me is the incredible speed of the changes we’re seeing on roadways,” said manager of statistics at the NSC, Ken Kolosh. “Looking at other recessions, what you usually see is a decrease in the number of deaths, or the injuries and fatality rate holding steady or decreasing slightly.”

Kolosh explained that the changes in vehicle-related deaths have been unprecedented and unexpected.

“When we see the combination of both a dramatic decrease in the number of total deaths coupled with a dramatic increase in the fatality rate on our roads, that was very surprising,” he said.

The NSC also says there will need to be more analysis of the death rate increase to determine all factors that must be considered.

“Anecdotal reports indicate speeding, for example, has increased significantly since traffic diminished,” said the organization on its website. “Some states are also moving forward with ill-advised roadway tactics intended to address the COVID-19 pandemic but that could have far-reaching consequences.” Some of these consequences that the NSC listed are relaxing hours-of-service rules for commercial vehicle drivers and repealing requirements for young drivers to pass road tests before obtaining their driver’s licenses.

Additionally, the NSC explains that the 2% increase in roadway deaths in the first three months of 2020, as compared to the same time frame last year, reverses positive changes in death rates between 2018 and 2019. NSC estimates showed that after 40,000 roadway deaths over three consecutive years, fatalities finally plateaued in 2018 and dropped lower in 2019.

To keep drivers as safe as possible during this time, the NSC has some guidelines for all motorists:

-Obey speed limits, even when roads are clear.

-Practice defensive driving–stay buckled up, avoid driving while fatigued, avoid distractions, and always designate a sober driver or utilize alternative methods of transportation when needed.

-Stay off the roads when officials require you to do so–many states have asked drivers to only drive for essential errands or emergency situations.

-Stay aware of pedestrians and bicyclists, especially as many more travelers use walking and biking to safely leave their homes during shelter-in-place orders. Pedestrians and bikers should also keep in mind that clearer roadways does not mean there will be no traffic at all times, and should stay alert when crossing streets.

-For parents and guardians, stay engaged with your teen drivers’ habits and skills and continue to practice driving with them frequently.

-Companies and organizations should consider joining the Road to Zero Coalition, which aims to eliminate all roadway deaths by 2050.

Lithium Battery Led to Fiery Death in Tesla Crash, NTSB Says

by Leave a Comment

A May 2018 Florida crash involving a speeding teen driver and passenger became deadly after a subsequent fire was caused in part by the Tesla Inc. vehicle’s lithium battery, according to a recent federal investigation.

The 18-year-old driver had been previously cited for speeding, and was traveling at speeds up to 116 mph in a Model S when he lost control on a Fort Lauderdale curve with a speed limit of 25 mph, the National Transportation Safety Board explained in its December 19th report.

The report determined that the fire contributed greatly to both deaths, even though the passenger had already sustained head and torso injuries during the crash.

A passenger in the backseat was not wearing a seatbelt and was ejected from the car upon impact, but survived with various fractures.

This is one of several crashes currently under review by the NTSB involving lithium-based battery-involved fires in vehicles such as Teslas. These highly flammable batteries cause fires that are difficult to extinguish, and can even reignite hours or days after a crash has taken place.

During this accident, firefighters arrived on scene four minutes after the first emergency call, and reported the fire’s heat was incredibly strong and that they could see electrical arcing, according to NTSB’s report.

Responders used between 200 and 300 gallons of water and foam to combat the flames, but the battery still reignited two more times. Additionally, a piece of the main battery came into contact with a metal chain and briefly ignited on its own. Firefighters continued to spray the battery once more after it caught fire while being loaded onto a tow truck.

In another case which occurred in 2019, a Model S Tesla driver lost control on a South Florida road and collided with a palm tree; however, his family’s lawyers said the car’s battery and designs were the cause of his death–not the crash itself.

According to the wrongful death lawsuit, the Tesla’s lithium battery immediately caught fire after the crash, causing smoke and flames to fill the car and suffocate the driver. A crowd had gathered at the scene, but was unable to help.

Why? Allegedly, Tesla’s retractable door handles failed to “auto-present” and disallowed first responders to open the doors and save the driver.

“The fire engulfed the car and burned Dr. Awan beyond recognition–all because the Model S has inaccessible door handles, no other way to open the doors, and an unreasonable dangerous fire risk,” said the complaint. “These Model S defects, and others, rendered it a death trap.”

Tesla has claimed that its Model S vehicle once achieved “the best safety rating of any car test,” which is the reason his family’s attorney, Stuart Grossman, cited for Aman’s decision to purchase the luxury vehicle in the first place.

“These things, they just love to burn,” Grossman said. “The car is so over-engineered. It’s so techy, it makes you want to buy a Chevy pickup truck.”

These are only two Tesla-related deaths in a string of incidents that blame the carmaker’s technology.

In April, parking garage surveillance footage from Shanghai depicted a smoking Model S finally bursting into flames–a video which pressured Tesla to begin an internal investigation.

We’ve reported on other accidents–even deadly ones–related to Tesla’s “Autopilot” automated driver-assistance feature.

“There are a number of these cases,” said Grossman. “What the hell is going on?”

Regarding Awan’s case, as well as others, Tesla has maintained that any high-speed crash may end up in flames regardless of how the vehicle is powered. However, Awan had survived his crash–but would have been able to escape the fire had the doors been operating properly and allowed responders to pull him out.

The lawsuit says the innovative features made the car “defective” and dangerous,” and that the door handles added to the major issue of an “inherently unstable”  lithium ion battery.

“Tesla failed to warn users about the scope and extent of the defective and unreasonably dangerous conditions of the Model S,” said the complaint.

After firefighters extinguished the flames in Awan’s incident, the Tesla was taken to a tow yard, where it reignited and burned once again.

Major Car Models Recalled as Takata Discovers Deadly Malfunction in Air Bags

by Leave a Comment

Now-bankrupt air bag manufacturing company Takata has recently discovered a deadly defect in its product.

The newly-found malfunction had led to air bags exploding and hurling shrapnel, or not inflating properly in a crash at all.

This issue comes in addition to an earlier defect that killed at least 24 people and injured hundreds of others worldwide–which also had air bags unexpectedly releasing shrapnel.

On December 19th, the National Highway Traffic Safety Administration released documents detailing its investigation into Audi, Honda, Toyota, and Mitsubishi regarding their connections to Takata’s recall of 1.4 million inflators.

The current problem has already killed a driver in Australia in an older 3-series BMW. BMW has recalled at least 116,000 vehicles already, and believes the issue is so serious that it has told drivers of affected models to keep their cars parked until repairs can be made. These models include certain 1999 323i and 328i sedans–these vehicles may have Takata inflators that were manufactured before production improvements.

BMW is also recalling 34,000 of its 323i and 328 sedans from 1999 and 2000, as well a 323Ci and 328Ci coupes from 2000, which were all made between March 1998 and March of 2000. It will also recall over 74,000 of its 323i, 325i, 328i, and 330i sedans from 1999 to 2001, which were produced between May 1999 and July 2000. These vehicles may have inflators that were replaced by defective ones.

As of now, the NHTSA is saying Takata has yet to give details on specific affected makes, models, or even model years of the vehicles that may have the defective inflators, so it has told companies to recall them properly as soon as possible. The agency also says that the vehicles that will likely be recalled were made between 1995 and 2000, which is when these particular inflators were produced.

As opposed to recalls in the past, Takata’s non-azide inflators don’t use ammonium nitrate to fill air bags when deployed–but the propellant still has a tendency to deteriorate over time when exposed to humidity or high temperatures. In this case, it can deploy too quickly, causing it to explode the inflator itself. The faulty inflators also have weak seals.

Recent government documents show that Takata made around 4.5 million of these inflators around the globe, but because the vehicles have grown so old, only a portion are still in use.

Currently, Mitsubishi has told national safety regulators that its only vehicle affected is the Montero model from 1998 to 2000, but is still working to finalize its recall.

Toyota and Honda are both still working to determine which of their models will need to be recalled. Audi also said it is investigating its 1997 to 1999 A4, SA6, A8, and TT models to determine whether they are affected.

The Center for Auto Safety’s executive director, Jason Levin, says the investigation currently “highlights the need for aggressive oversight both by NHTSA and by the companies themselves in terms of when they get these reports to take them seriously and move more quickly.”

Although he believes we can’t yet tell if automakers are procrastinating on these recalls, he knows it is vitally important to get the recalls out immediately, as many drivers use their cars for long periods of time. “We need to recognize that just waiting these problems out is not going to solve the dangerous situations that defective parts can create,” he explained.

This recall comes in addition to a large series of problems regarding Takata and its inflators, which eventually sent the company into bankruptcy.

In the largest string of automative recalls in American history, 19 automakers are recalling around 70 million inflators. Takata is also recalling about 100 million of its inflators across the country.

What is left of Takata has been purchased by Key Safety Systems of China for 175 billion yen ($1.6 billion).

BMW has been working quickly to remedy the issues with its models, and intends to replace all faulty inflators with new ones shortly. The company says it will notify owners when these new parts become available.

Decisions for all affected vehicles are expected to be made soon–NHTSA has told all companies to respond with final recall decisions by January 17th. 

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

by 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.

A Left Turn On a Green Light Can Still Be Dangerous

by Leave a Comment

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.

Chat With Us