Illinois legislature

Illinois Legislature Sends Bill to Governor’s Desk to Help Injury Victims Get Justice Sooner / End Delays

January 29, 2021 by Danylo Terleckyj Leave a Comment

Insurance companies seem to have a reputation. You may have heard the phrase, “delay, delay, delay, don’t pay.” Well, legislators in Springfield are trying to change that. We’ve all experienced interruptions due to the COVID-19 pandemic. Court houses have shut down as well and only relatively recently have cases been back on the court call for mostly remote video link proceedings. This reality has put a lot of injury victims in an unfair holding pattern when it comes to legitimate, meritorious claims. With some Illinois county courts already being among a few of the busiest in the nation, this has made an already frustrating process for plaintiffs an even more difficult one.

People who have been injured because of no fault of their own may not be able to work or earn a living in addition to other financial hardships they may have experienced because of their loss. All this, and we haven’t even begun to discuss their injuries and medical appointments. Corporations and insurance companies don’t often have to deal with similar monetary burdens when a claim arises against them. With few exceptions, they keep operating and generating revenue. The current system seems allows them the benefit of delaying payment on legitimate claims.

In an effort to remedy this situation the Illinois House and Senate passed a bill early in January of 2021, that if Governor Pritzker signs, would add 9% per year prejudgment interest to wrongful death and personal injury verdicts. Currently, the law allows post-judgment interest after a verdict. According to court statistics, the overwhelming majority of cases settle before trial. This bill would only apply to approximately 3% of cases that result in a judge or jury determining if the hurt party bringing the lawsuit had a valid or meritorious case.

Some may argue that this law is unfair to companies that have a right to dispute the value of claims and the government shouldn’t try to speed up payments by making them settle more quickly or face a penalty. However, Illinois is quite late to the game when it comes to this type of law. 46 of 50 states already have some form of a prejudgment interest law on their books. In reality, the law helps to reduce unreasonable delays for legitimate claims. If a case goes to trial and the person who brought the lawsuit loses, of course, no interest will be assessed. An injury or wrongful death claim will still need to be proven in court for this change to apply. Additionally, the passage of this bill won’t make companies pay the full amount of interest if the claim that started before the law takes effect. Instead, yearly interest will start to accrue after the bill becomes law for those cases.

In reality, when it comes to legitimate claims, insurance companies and corporations don’t stand to lose much of anything at all by having to pay interest on cases where they delay settlement. Whereas injury victims with meritorious claims will likely be treated more fairly by having their cases resolves sooner. Moreover, the public will benefit from a court system that is less bogged down by such a large case load. This change could benefit everyone.

$25 Million Directed to Infrastructure Speed Grants in Illinois

July 26, 2020 by Levinson and Stefani Leave a Comment

$25 million in grant funding is set to help expedited infrastructure project work, according to Illinois Governor Jay “J.B” Pritzker and the Illinois Department of Commerce and Economic Opportunity.

These Rebuild Illinois funds will accelerate public infrastructure projects across Illinois that can begin as early as this summer–projects which would have faced extreme delays due to many local governments recently losing much-needed revenues. These losses are one effect of a heavy decrease in vehicle travel due to shelter-in-place orders in the wake of the coronavirus. The heaviest hit comes from toll fees and fuel taxes, and overall state transportation revenue is planned to decrease by about $50 billion throughout the next year and a half, according to The American Association of State Highway and Transportation Officials.

“This will keep key public infrastructure projects in the pipeline and will support the return of skilled labor to job sites for the busy summer season,” said Pritzker in his announcement last month. “Starting today, local governments with shovel-ready projects, including school districts, townships, and other entities, can apply for this funding.”

Those eligible for grants include local governments and public entities with important public infrastructure projects in the works that could begin within 90 days of receiving their funds. Projects eligible for funding must also be public assets, not have recurring expenses, and must be permanent. They must also meet “shovel-ready” guidelines and the Illinois’ Business Enterprise Program minority business participation requirements.

“This program is about putting people back on the job now,” said Tim Drea, President of Illinois AFL-CIO. “We applaud Governor Pritzker for being proactive and innovative. The return of every dollar spent on public works is another brick in rebuilding our economy, both in terms of jobs created and economic development created by improved infrastructure.”

Fast-Track grant source funding comes directly from Rebuild Illinois, which is a $45 billion plan passed to offer Illinois’ first comprehensive capital plan in over 10 years. DCEO is also spearheading multiple programs under Rebuild Illinois, such as funding new public works projects, investing in broadband capacity expansion, incentivizing business development, and other efforts that will work to promote economic growth throughout the state.

The grant program is one of multiple economic growth efforts implemented by DCEO to help promote economic health after the challenges of COVID-19, and is initiating relief programs that will allow over $100 million to become available to areas throughout Illinois. Some of these relief programs include: the Downstate Small Business Stabilization Program, the Emergency Small Business Loan Fund, Emergency Hospitality Grants, and other efforts that will serve communities and businesses in need.

“We recognize the unique challenge and burdens that COVID-19 is placing on us all, and we are taking steps to provide relief to businesses and communities,” said director of the Department of Commerce and Economic Opportunity, Erin Guthrie. “Through the Fast-Track Public Infrastructure Grants program, the administration will provide a much-needed boost for works across the state as well as the critical infrastructure projects our state depends on.”

Fast-Track front-loads part of a Notice of Funding that will push forward available funds between $500,000 and $5 million. These grants will be dispersed on a rolling basis, and will be prioritized to areas that are most in need.

The main goal of these grants is to restore significant public works projects that may have been paused or cancelled due to COVID-19. These funds will be used toward projects like water and sewer system expansion, school modernization reinvestments, and bringing necessary updates to other public buildings. They will also help laborers return to work in time for the upcoming construction season.

Communities that may need more time or that do not currently have projects meeting the shovel-ready criteria can submit an application to receive a grant for remaining funds by the end of June. DCEO is also conducting a series of webinars with local governments to give more information on these new Fast-Track Grants. You can find a list of upcoming outreach efforts, as well as more small business resources, here.

Chicago Looks to Curb “Blocking the Box” in Traffic

February 20, 2020 by Levinson and Stefani Leave a Comment

It’s no surprise that Chicago has its fair share of traffic. Spend one afternoon in the loop and you will quickly be reminded that while the “L” is efficient for the amount of people who take it, there is still a great amount of people who rely on driving into the city via their own cars or through rideshare. Often what’s most frustrating is sitting at a traffic light and finally getting that green light you have been waiting for. But, instead of taking that left turn on green, you are stranded in the middle of the lane as another person blocks the intersection attempting to make their way through a yellow or red light. This has become known as “blocking the box,” and while it can be found pretty much in every city throughout the world, we find ourselves continuously asking “why?”.

In a recent report by the Chicago Tribune, the newspaper tackled this same issue and had the chance to speak with a spokesman for the Chicago Department of Transportation. “CDOT is leading the administration’s efforts to develop a comprehensive congestion mitigation plan,” which will provide a focus on fixing the blocking issue that continues to plague downtown Chicago, said Michael Claffey. Unfortunately, for some people, this comprehensive plan seems to be too far in the future to handle what is currently happening, leaving some pointing to what other larger cities have already done to mitigate the damage and congestion that “blocking the box” causes. For example, the Tribune spoke with Ald. Brendan Reilly, whose ward is in downtown Chicago and he proclaimed, “This is a subject that’s very frustrating to me . . . Every budget session in the last 12 years, I’ve been asking the city to enforce ‘Don’t Block the Box.’” Mr. Reilly’s statements certainly are not being ignored, as Mayor Lori Lightfoot has made it a key part of her administration to dramatically change Chicago’s transportation infrastructure for the better. However, with what appears to be an easy issue to fix, the city really hasn’t done much to enforce it.

Taking a closer look into what “blocking the box” really is, however, provides further insight into why Chicago may be choosing to not heavily enforce it. For example, in 2019 Chicago was ranked the third worst city in the nation for traffic congestion, resulting in an average cost of $1,920 per driver. The city already has a municipal code prohibiting blocking the box in traffic, but this is rarely enforced. Imagine if Mayor Lightfoot had the city heavily enforce intersections for blocking. What happens during rush hour? Does an officer pull over a vehicle blocking the intersection and somehow get them safely and efficiently out of traffic? As with many of the issues we discuss, there is no such thing as a silver bullet approach. Turning to what other cities have done to resolve this issue doesn’t offer much more than what Chicago is already planning for the city. In cities like San Francisco, Seattle, and New York City, they have all undertaken what the Tribune calls “public education efforts to keep cars from blocking intersections.” Further, Baltimore has decided to issue $125 fines to offenders in specific intersections throughout the city. All of this goes to show that while cities across the United States are implementing tactics to alleviate this frequent disruption to traffic, it by no means has become the solution.

While it may be frustrating for many throughout the city to see an individual block the box during a morning or evening commute home from downtown, we can hope that the comprehensive traffic plan that Chicago officials are looking to implement will eventually do much more than just curb blocking. As stated above, this isn’t an issue that can be fixed by implementing one solution. Traffic in large cities is an issue that has a multitude of factors all playing on one another. True, installing a camera that tracks “blocking” offenders could issue tickets to those who create gridlock, but that alone will not help resolve this issue. The solution must be comprehensive, and it must allow for traffic to get better and for individuals on the road to safely commute. Chicago already ranks third worst in the nation in terms of traffic congestion, whichever solution is implemented absolutely needs to consider the effects that it will have on driver safety and curbing traffic congestion as a whole.

Chicago Transit 2020 Budget Announced–What Upgrades are in Store for the City?

November 19, 2019 by Levinson and Stefani Leave a Comment

CHICAGO — The Chicago Transit Authority has proposed its operating budget of $1.57 million for 2020, which will luckily call for no service cuts or fare increases.

The budget, announced late last month, will use tens of millions of dollars to modernize Chicago’s public transit infrastructure and will aim to make for an overall better commute experience for all city travelers.

The proposed $5.1 billion five-year budget for 2020 to 2024 will also include a monumental funding plan for the passage of the State of Illinois’ Rebuild Illinois capital bill from June of this year.

It will also continue more than $8 billion of historic transit investment that has been started, completed or announced since 2011. These particular projects include: rehabilitating rail stations and implementing new ones, expanding public arts, rail and bus modernization, rail slow zone removal, and new technology additions. This work will aim to increase reliability, reduce commute times, improve safety, and strengthen the transit experience for all customers.

“Public transportation is the great connector of Chicago, and this city has a fundamental obligation to ensure all residents of all communities have access to affordable, accessible and equitable transportation options,” said Chicago Mayor Lori Lightfoot as the new CTA budget was revealed. “I’m proud to say this budget reflects not only our priorities, but most importantly our values.”

According to the CTA, public transportation usage has dropped significantly in recent years. To gain more riders, the CTA plans to upgrade rail stations and improve the system’s reliability and quality of service.

“Despite continued cuts by the state legislature to the CTA operating funds,” said CTA President Dorval Carter, “we are grateful to Mayor Lightfoot and Illinois Governor J.B. Pritzker for fighting to finally provide CTA with a capital program that will help improve and modernize our infrastructure.”

From this budget, the CTA will invest $310 million into the $2.3 billion Red Line rail route extension project, which will work to extend the Red Line–which connects Chicago’s north side and south side to the Loop business district–south by 5.3 miles. The Red Line Extension project will also include four new and fully accessible stations at 103rd Street, 111th Street, Michigan Avenue and 130th Street.

These funds are the largest contribution the CTA has ever committed towards the RLE project, and be funneled into the new engineering and design work needed in order for it to receive federal funding.

The 2020 budget will also fund $78 million for the All Stations Accessibility Program, a plan to make all CTA rail stations completely vertically accessible. This plan was announced by President Carter in 2018 and is the first blueprint of its kind that aims to modernize rail stations that are currently non-vertically accessible. The plan will improve 42 of Chicago’s rail stations in this manner and will also upgrade elevator systems to align with the renovations.

For the first time in a decade, CTA received an extremely significant funding commitment in 2019 for a State capital plan, which came in the Rebuild Illinois bill.

This capital bill will give CTA $1.2 billion in bond funding through the next five years, and includes $141.5 million in proposed projects–implementing an overhaul of the Cottage Grove Green Line station and the first phase of the Red and Purple Modernization Program, which broke ground this fall and will include a rail bypass to meet future capacity requirements and will rebuild four Red Line Stations.

Additional projects from 2020 funding will include 20 new electric buses, Blue Line O’Hare Branch traction power upgrades, Blue Line station and signal improvements, and 10 new prototypes of the 7000-series railcar, the transit system’s newest generation railcar.

The 2020 budget also includes over $26 million in cost savings and operational efficiencies such as the hiring freeze, which is projected to affect at least 200 positions–an increase of 50 from 2019. The savings will also lock power costs in at historically low prices.

CTA has continued to be negatively impacted by operating fund cuts by the State of Illinois, President Carter said. “CTA losses since the state cut our operating funds will total $180 million through 2020. We continue to call for the restoration of full operating funding for this agency so that we may better serve our customers.”

Alderman Hopkins Pushes Toward a Plan to Rebuild Lake Shore Drive

November 10, 2019 by Levinson and Stefani Leave a Comment

CHICAGO – Alderman Brian Hopkins (2nd) is currently pressuring the city to start massive movement on its long-awaited plan of adding new parkland off of Lake Shore Drive, as well as implementing a solution to an inefficient lakefront intersection at Chicago Avenue.

Hopkins is working toward a resolution that would completely rebuild–not just repave–The Drive and add 70 acres of parkland to its east.

It would also aim to expand Oak Street Beach.

Hopkins’ ward covers the stretch from the Downtown lakefront to Bucktown. Regarding his proposals, he has been requesting support from Governor J.B. Pritzker.

“The $45 billion capital bill is out there,” Hopkins explained. “And we don’t know what that’s going to be spent on. I’m pushing for this plan to finally come to fruition and get it off the drawing board.”

The alderman is also asking for a resolution to the inconvenient traffic backups caused at the Lake Shore Drive/Chicago Avenue intersection, where eastbound vehicles traveling from Streeterville make for an excessively long red light wait time in all four directions, while cars only get a few seconds to move once the light finally turns green.

“If you were a traffic engineer,” Hopkins said, “you would be fired for proposing this today. It’s just that bad.”

The resolution would also work to create a path allowing Chicago Avenue traffic to pass over Lake Shore Drive, along with with on-ramps and off-ramps to make for easier maneuvers on and off of The Drive–which would ideally no longer back up traffic.

“We really have no choice,” explained Hopkins. “We have to do something. Lake Shore Drive is crumbling. It needs to be replaced. The roadbed is beyond its useful service life. And as long as we’re rebuilding Lake Shore Drive, I think it would be a tragic waste of opportunity if we don’t also expand the parkland there.”

As of now, Lake Shore Drive has sparse greenery and boasts mostly concrete walkways and bike lanes on its sides. Hopkins’ plan would include new landfill to expand into the lake for additional parkland along the roadway.

The Drive is also under constant threat of flooding by Lake Michigan.

Mayor Lori Lightfoot has been working to add Jersey barriers to hold back rising water along the lake, but Hopkins believes this is impractical.

“It’s not going to work,” Hopkins told the City Club of Chicago late last month. “The types of erosion we’re seeing through climate change, fluctuating lake levels…we can’t get out of the way of this with Jersey walls. We have to rebuild Lake Shore Drive.”

Hopkins is waiting for much more momentum to come with the new administration in Springfield.

His project would also put into place a long-running campaign to fix Lake Shore Drive’s S-shaped curve around Oak Street Beach. This development aligns with Meigs Field’s conversion to a Northerly Island nature preservation, as well as with Downtown’s Museum Campus completion that sits just off of The Drive.

Chicago architect Daniel Burnham, who helped to write the “Plan of Chicago” in 1909, deemed the city’s shoreline “forever open, clear and free,” which has been publicly mandated since 1836.

18 years ago, a group of cyclists established the Campaign for a Free and Clear Lakefront in honor of Burnham’s vision–they wanted the city to remove Lake Shore Drive entirely and return it to its origins as a grassy park space. In their eyes, such a large separation between Chicagoans and Lake Michigan was in direct violation of Burnham’s ideals.

It seems they weren’t far off base.

The ‘North Lake Shore Drive project,’ has been a collaboration between the Chicago and Illinois departments of transportation, the Chicago Park District, the Federal Highway Administration, and various neighborhood groups since 2013.

Safer and more efficient roadways, a renovated drive, and new parklands are possible, but these improvements will need backing, funding, and teamwork between government groups and Chicago locals.

Alderman Hopkins’ fight is a powerful reminder of the reimagining that is needed for Lake Shore Drive–better parks and more beach space are what will allow Chicago’s lakefront to remain a scenic legacy. It won’t be enough just to prevent it from falling apart.

Coming 2016: New laws for Illinois drivers

December 22, 2015 by Ken Levinson Leave a Comment

Illinois residents will soon feel the impact of several new laws taking effect in 2016, including those pertaining to road and public safety. In preparation for the New Year we’ve put together a “Greatest Hits” list for you to peruse before the holidays.

On the road again (with restrictions)

One of Illinois’ new laws deals with a topic we’ve covered here on the blog before, stirring a bit of controversy amongst our fellow attorneys. Starting January 1, repeat DUI offenders will soon have an opportunity to obtain a restricted driving permit after meeting certain conditions determined by the state. Under the new law, a person with as many as four DUI convictions will be eligible to apply for a permit after demonstrating their sobriety and practical needs for a vehicle. Multiple DUI convictions have damaging effects on people’s driving records, which, unfortunately, has forced many drivers with revoked licenses to get behind the wheel of a car illegally. This new law aims to curb that trend. Additionally, a law from Senator Jason Barickman’s office would also require individuals convicted of two or more DUIs or reckless homicide convictions to install a Breath Alcohol Ignition Interlock Device as a condition of a Restricted Driving Permit.

Slowing it down

Senator Pat McGuire introduced a bill that will require drivers to slow down when approaching waste service vehicles like recycling trucks, an issue that intends to improve the safety conditions of workers on the job. The new law “Provides for the circumstances in which the 15 mile per hour speed limitation on passing waste service vehicles shall apply,” also known as the “slow down” law. Offenders could be forced to pay upwards of $1,000 in fines, or even face jail time.

Immunity for minors (sort of)

After a few years in limbo, the governor has signed a previously introduced bill that grants amnesty to minors who call 911 for help, as in cases of alcohol poisoning, for example. Based on the language of the bill, police would have the authority to determine whether protection from legal discipline is appropriate. The plan is modeled after a similar one addressing heroin overdoses, with at least two-dozen other states that have implemented similar laws in recent years.

Below are some other new laws that relate to life on the road:

Public Act 099-0290: The License Plate Visibility Exemption: allows for trucks with rear-attached forklifts to be exempt from the requirement that their license plate be clearly visible.

Public Act 099-0237: Reduced Weight Limit on Roads: Highway commissioners may permanently post roads at a reduced weight limit after holding a public forum regarding reasons for and against imposing the limit. County superintendents of highways then have the final deciding power in the matter after the public forum.

Public Act 099-0376: School Bus Industry Requirements: Provides that a private carrier employer of school bus drivers shall be held to a standard of ordinary care for intentional acts committed in the course of employment by a bus driver permit holder.

Public Act 099-0291: Trucking Violations: Provides that any driver who willfully violates specified motor carrier safety regulations including driving under the influence; motor carrier drivers’ hours of service; motor carrier qualifications for drivers; or other violations which would place the driver or vehicle out of service is guilty of a Class 3 felony when the violation results in a motor vehicle accident that causes great bodily harm, permanent disability or disfigurement, or death to another person.