Chicago

New Marijuana Legislation Brings Challenges to the Trucking Industry

July 3, 2019 by Levinson and Stefani Leave a Comment

On May 31^st, 2019 Illinois joined 10 other states in officially making the decision to legalize recreational marijuana. The decision promises to provide a major financial boost to the state, bringing in roughly $800 million to $1 billion a year in taxes. With the potential for great financial gain, many have seen the new law as a win for the state of Illinois. While the new law does bring great economic potential, it’s important to remember it may have a variety of ramifications for those in several industries throughout the state.

As we previously touched on regarding truck driver impairment and the necessary precautions that must be taken with drug use on the rise in the United States, the legalization of marijuana does pose a threat to the truck driving industry. Just like any other driver on the road, an individual who is impaired via the use of marijuana should never get behind the wheel of a vehicle. Similar to alcohol consumption, the drug delays an individuals’ reaction time and ultimately impairs their judgement. Now pair those adverse effects with a truck driver who has been behind the wheel for up to 14 hours at a time, and this is a recipe for disaster. Unfortunately, the reality of the situation is that marijuana use amongst truck drivers has become far more prevalent, with positive marijuana tests among truck drivers increasing 4% year over year to 2.6% for the federally mandated drug testing that drivers must undergo. While that number may appear small, it is an increase, nevertheless. More importantly, we must keep in mind that although the positive test rate remains in the single digits, it is absolutely unacceptable to have drivers on the road who participate in any sort of recreational drug or alcohol use.

Unfortunately, driver impairment is not the only issue that residents of Illinois need to be considering since the new law has been passed. Over the last decade, there appears to be a new report circulated each year that warns of the truck industry being in dire need of more professionals due to the small pool of drivers to choose from. We even wrote an article on how aging truck drivers are a factor in this exact issue. With Illinois legalizing recreational marijuana and with more states following suit, the driver pool throughout the United States and Illinois will be affected. Heavy Duty Trucking wrote an article in 2018 exploring this topic in further detail and noted that “in an industry facing a driver shortage, legal use of cannabis may cut into the available driver pool. Some drivers could even consume edible cannabis unawares and fail a pre-employment drug test.” The article also cites a study conducted by the Insurance Institute for Highway Safety and the Highway Loss Data Institute, which found that in the “first states to legalize the sale of recreational marijuana, there has been a 5.2% increase in crashes.” The hope is that any time a substance is legalized, no accidents occur as a result of such substance abuse; however, while that is clearly wishful thinking, there are steps that can be taken to make certain that such drivers using marijuana are not allowed on the road.

Safety Precautions Must Be Taken to Increase Road Safety

In March of 2019, the American Transportation Research Institute (ATRI) produced a manual, Marijuana Legalization and Impaired Driving: Solutions for Protecting our Roadways, with the goal of providing useful tips on maintaining safe roads. One of the key points of note throughout the manual is the fact that it acknowledges that drug testing for marijuana is not the same as testing for blood alcohol content. The manual goes on to provide several reasons as to exactly why drug testing for marijuana is currently not a viable option to truly see if an individual has been driving under the influence of the drug:

Unlike alcohol, where impairment level is easily predicted by BAC, the severity of impairment resulting from marijuana use depends on a number of factors, including the frequency of marijuana use and consumption method. While higher doses of marijuana often result in greater impairment, this relationship is less predictable than that of alcohol and impairment.
Peak subjective marijuana impairment does not coincide with peak THC blood concentrations.
THC deteriorates rapidly in the user’s blood.
Low levels of THC in a user’s blood are not necessarily indicative of recent use.

As established by the Federal Motor Carrier Safety Administration (FMCSA) under CFR § 382, commercial truck drivers must be tested for controlled substances and alcohol use. However, it is only mandatory that a urine test be taken, not a hair analysis which has proven to be far more accurate when testing for specific drugs other than alcohol.

Moving Forward with Legalization

Unfortunately, as the federally mandated drug testing appears to be behind the curve when it comes to accurately finding whether a driver is under the influence of the drug, it appears that one of the best measures that can be taken to ensuring such drivers stay off the road for good is not only requesting that a hair analysis become a part of the federally mandated testing, but that transportation and law enforcement officials begin collecting data immediately on such drivers involved in unfortunate crashes. For example, Transport Topics cited another study conducted by ATRI, which quoted that “whether or not the federal government recognizes the legality of marijuana, it should take the lead on related federal data collection programs; . . . key to this role is identifying and conveying standards for state – and local – level data collection by law enforcement and the criminal justice system.” While this clearly appears to be a quick fix approach to driver impairment, it may be the best way to curb the increase in truck driver’s driving under the influence as more states continue legalizing marijuana. As a state, we must make certain that the public remains safe, and advocating for increased measures to keep drivers who will abuse drugs and alcohol off the roads should be something we are all for.

Chicago is Already Experiencing Issues with E-Scooters

July 1, 2019 by Levinson and Stefani Leave a Comment

Within its first week as part of a 4-month long pilot program, Chicagoans took over 60,000 rides on the city’s new e-scooters throughout various neighborhoods of city. Since its unveiling, there has already been a large number of complaints regarding the scooters. The city’s Department of Business Affairs and Consumer Protection (BACP) alone has received 45 complaints since the program first began. With that being said, it’s not as if the complaints aren’t valid. Many in Chicago are seeing scooters piled up on sidewalks, forcing pedestrians to weave throughout foot traffic. In a city of three million people, issues such as these, which may seem small at the moment, exacerbate the problem. Based on the Chicago Department of Transportation’s “E-Scooter Do’s & Don’ts,” riders are instructed to “park scooters with care.” Unfortunately, with no clear oversight due to such a high volume of pedestrian, bike, and auto traffic already in the fold, scooters may just be too difficult to track and regulate.

As the media has been reporting throughout the United States regarding cities entering pilot programs, it has become clear Chicago is not alone. Unfortunately, some of the cities that have been experiencing major issues, accidents, and even fatalities, have far stricter rules than Chicago. The only mandate in Chicago is placed on the time of day a person may ride the scooters and specific areas where riding is banned. However, if you do decide to take the plunge and try out Chicago’s new e-scooter program, be smart about it and possibly take some training courses. Lime, one of the e-scooter providers for Chicago’s pilot program, is offering “First Ride Academy” courses, which aim to provide first-time riders with scooter safety information and tips on how to park scooters responsibly throughout the city. Details on the courses can be found below:

Location: West Palmer Square Chicago, IL 60647

Dates: Every Saturday, June 29 – July 27

Tickets: Click here

A growing trend

As overall interest in scooters has grown, there has clearly been a rise in the number of accidents and injuries, as expected. However, after seeing such a high number of fatalities increase as a result of these scooters, cities must ask if it is worth the risk. As reported at the beginning of June, “there are no comprehensive statistics available but a rough count by the Associated Press of media reports turned up at least 11 electric scooter rider deaths in the U.S. since the beginning of 2018. Nine were on rented scooters and two on ones the victim owned.” The issue with the scooters is not that they are available for residents to use, it’s the fact that they are not heavily regulated, and they are not essential for transportation needs. Cities like Chicago already have established public transportation and bike systems to allow for individuals to safely navigate the city. These pilot programs force cities to integrate an entirely new mode of transportation on a mass scale into an already developed daily practice of commuting for millions of people.

Injuries are frequent

Although it appears the fatalities and injuries sustained from these recent accidents are outliers, new reports are showing scooter injuries to be much more prevalent than we thought. Earlier this month, U.S. News reported a new study conducted by the American Journal of Otolaryngology finding an increase of head injuries from riding electric scooters across the United States. According to U.S. News, “between 2008 and 2017, nearly 32,000 injuries were estimated nationwide, according to a review of records in the Consumer Product Safety Commission’s National Electronic Injury Surveillance system. Accidents tripled from about 2,300 in 2008 to nearly 7,000 in 2017.” Not surprisingly, the most common injuries were concussions and brain bruising; however, this was largely due to the fact that 66% of the people injured failed to wear a helmet. What this information is telling us is that if cities fail to mandate certain safety equipment for riding scooters, the riders will not bother to wear helmets. Unfortunately, the injuries from these scooter crashes can be far more devastating. Though scooter riders in Chicago are limited to the bicycle lane, they can reach speeds of 15mph. Not requiring individuals to wear helmets under those circumstances is a risky proposition. That said, even if states or cities don’t require the use of safety equipment, we should all be doing ourselves a favor by putting a helmet on if we decide to join the scooter frenzy that’s now upon us.

As Nationwide Pedestrian Deaths Increase, Chicago Experiences a Decrease in Fatalities

June 27, 2019 by Levinson and Stefani Leave a Comment

With much of Chicago now thinking about how to make certain that the city’s new pilot scooter program runs smoothly without any incidents, in addition to already navigating Divvy bikes and ride-share throughout the city, it is easy to forget that pedestrians make up a large portion of the traffic in the city. While accidents involving bicyclists having recently been widely covered in the news, we must remember that a incredibly high number of Chicagoans are walking to and from work and school each day, especially centrally located within the loop. The good news is that between January 1^st and May 31^st of 2019 the number of pedestrian deaths decreased 40 percent year over year. As the United States has been experiencing record highs in pedestrian deaths, with a new report by the Governor’s Highway Safety Association (GHSA) reporting that “about 6,227 pedestrians were killed in motor vehicle crashes in 2018 – a 4 percent increase over 2017 and the highest mortality rate since 1990.” While those statistics present a scary reality for many commuters across the United States, it is good to see that Chicago has been able to limit the damage that having such a high population of individuals commuting within a city can pose.

On the other hand, those in Chicago must be aware that the city is going to be out in droves now that Summer is here, and Chicago residents can finally enjoy summer. Unfortunately, as we all know, the more people are outside and trying to enjoy the good weather and see what the city has to offer in its warmer months, the more potential there is for accidents to occur. With that being said, it is clear that certain measures can and should be taken by pedestrians to ensure they are safe from dangerous drivers and other commuters. According to the National Safety Council (NSC) has reported, those most at risk based on data from 2017 were “10- to 14-year-olds and 50- to 69-year-olds have 20% or more pedestrian deaths as a percentage off all traffic fatalities.” In response to these statistics, the NSC has provided a list of tips that pedestrians should be following when it comes to staying safe walking. See below for the list:

Whenever possible, walk on the sidewalk; if not sidewalk is available, walk facing traffic
Follow the rules of the road, obeying all traffic signs and signals
Cross streets at crosswalks
If no crosswalk is available and your view is blocked, move to a place where you can see oncoming traffic
Look left, right and left again before crossing the street, making eye contact with drivers of oncoming vehicles to make sure they see you
Stay alert – avoid cell phone use and wearing earbuds
Avoid alcohol and drug impairment when walking
Wear bright and/or reflective clothing, and use a flashlight at night
Watch for cars entering or exiting driveways or backing up in parking lots
Children younger than 10 should cross the street with an adult

Of particular note is safety tip number 6 provided above. As we all know, cell phones are prevalent in every aspect of our lives. Walking to and from work is no different. Similar to how distracted driving is a leading cause in automobile crashes, being distracted while walking is incredibly dangerous and the amount we see it each day is alarming. In response to distracted walking and the issues it poses for not only the individual’s safety, but placing driver’s in poor situations as well, some cities have started enacting laws that aim to curb this bad habit and provide people with tickets if they are seen crossing a sidewalk while being distracted on their cell phones. Although this may appear extreme, many cities are finding that this is absolutely necessary to maintain pedestrian safety. Overall, the lesson we can learn from these alarming statistics is that we must be aware in our morning and evening commutes and we must put our phones away. If we expect drivers to take precaution to prevent injuries from occurring, let’s do ourselves a favor and keep the phones out of our hands while we are walking.

Nashville Bans Electric Scooters After Man is Killed

June 24, 2019 by Levinson and Stefani Leave a Comment

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.

Nonprofit Spotlight Event: The TEARS Foundation Rock & Walk 2015

June 9, 2015 by Levinson and Stefani Leave a Comment

The TEARS Foundation is a strong, devoted organization operating in fourteen states and Puerto Rico, with the goal of helping families in one of the toughest times imaginable: after the loss of a baby. Yesterday was the annual Rock & Walk, an event to raise money for families benefiting from the Foundation’s support. Aside from financial support, the event lets them know that they are not alone in their time of need. During the event, the community comes together to walk – or rock in rocking chairs – for their bereaving friends and family members. We’ve profiled this excellent organization back in 2014, as one of our first Nonprofit Spotlights.

Levinson and Stefani is an annual supporter of the TEARS Foundation, and was a Presenting Sponsor of this year’s Illinois Rock & Walk. Despite the clouds and rain, the community joined the TEARS Foundation for this important event that serves a deep and special purpose to those families calling upon the Foundation’s support. Ken Levinson, the founding partner of Levinson and Stefani, spoke to the crowd of supporters at last Sunday’s event, which was held at the St. James Forest Farm Preserve in Warrenville, Illinois. Ken reiterated how honored we were to help support such a wonderful organization and that we will continue to do our part in the future. The event honored many of the children that attendees lost, and reminded the families they are never alone after such a tragic loss. For Ken, being asked to address those in attendance was a humbling moment.

If you’d like more information on The TEARS Foundation, the Rock & Walk, or how you can get involved, visit http://www.thetearsfoundation.org/ or contact Raquel Gorman or Dianne Umphress at (815) 546-4133.

Spring is Coming: 5 Ways to Prepare for Warm Weather in Chicago

March 9, 2015 by Levinson and Stefani Leave a Comment

Here in the office, we are getting antsy for warm weather. In an effort to combat our winter blahs, we have compiled some activities to help get ready for spring – which is coming, we hope!

1. As the snow begins to melt, and you start seeing green, make plans for a vegetable garden. Re-connect with Mother Nature and find your green thumb! Draw a diagram of where you hope to plant, and make a list of the seeds and gardening supplies you will need, so you will be ready to plant as soon as the weather allows!

This article has some great links for beginners to help you prepare for your garden.

2. Re-vamp your wardrobe — start taking inventory of your spring and summer clothing. New bathing suit styles are available in late winter (and on sale!). If you run or exercise outdoors during spring, start looking for new fitness clothing that will help you stay cool outside.

3. Speaking of outside — go outside. When the days start getting longer and the air starts getting less frigid, go for a walk and start planning all the spring and summer activities you have to look forward to!

4. Clean up. There’s a reason it’s called “Spring Cleaning” – because the best home improvement projects happen in the spring. Make plans now to spruce up the coat of paint that you’ve been meaning to get to, tidy up the garage, or start the garden (see tip number 1). If you need ideas, there’s no shortage of “DIY” projects that can be done on a budget — just check out Pinterest.

5. Whether you’re a commuter from the suburbs or you’ve let your car get buried under feet of snow while parked on your street, your car deserves some TLC after this winter. The slush, salt, and cold weather really take a toll on your vehicle. If you visit most car centers, they will be happy to rotate your tires, check your tire pressure, change your oil and fluids, and inspect your vehicle for winter damage. And, they will make sure your tires have enough tread for the rainy spring weather ahead!

As always, please feel free to reach out and share with us any other ways you and your family are getting ready for spring!