Articles Posted in Car Accident

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The City of Naperville is situated in a diverse area of DuPage County. Naperville contains residential areas, commercial areas, schools, churches, parks, and rivers. In addition, unincorporated areas surround Naperville. Naperville’s recent growth and development have presented challenges for city officials, who are charged with providing and maintaining safe transportation. In order to prevent car accidents, truck accidents, and motorcycle accidents, the City of Naperville has developed a comprehensive Traffic Safety Plan (the “Plan”). A goal of the Naperville Comprehensive Transportation Safety Plan is intended to save lives and reduce injuries by lowering the number and frequency of crashes. Like the Truck Route Plan, Pedestrian Plan, and Bicycle Plan, the Traffic Safety Plan sets forth policies and practices designed to achieve the plan’s goal to reduce car accidents in Naperville.

Some of the policies include:

– Requiring developers to provide dedicated sidewalks for pedestrians and bicycles.
– Lobbying state and federal governments for additional traffic safety funds.
– Considering car crash rates or truck accident frequency when prioritizing capital
improvement projects that may impact vehicle crash rates.
– Promoting and enforcing seat belt usage to reduce injuries and save lives.

Some of the practices include:

– Considering traffic safety when reviewing new development plans.
– Developing and implementing driving education programs, especially for younger, less
experienced drivers.
– Identifying and examining locations with a high frequency of car accidents.
– Evaluating school access in terms of motor vehicle safety issues.
– Encouraging alternative forms of transportation, such as bicycles and walking paths.
– Minimizing conflicts between motorists, pedestrians, and bicyclists in all future
development plans.
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A common risk faced by Illinois drivers is being struck by a driver that is underinsured. To save money on premiums, many drivers carry only the minimum amount of bodily injury liability coverage, which is $20,000. So what happens when you are involved in an accident with a driver who does not carry enough liability insurance to cover your personal injuries? If you elected to carry underinsured motorist insurance coverage, you may be protected from the risk posted by an underinsured driver.

History of UIM Coverage

Prior to underinsured motorist (UIM) coverage being offered by Illinois insurance carriers, motorists had the option of carrying only uninsured motorist (UM) coverage. UM coverage is insurance that offers protection from drivers who do not carry automobile liability insurance at all. If an insured motorist carrying $100,000 of UM coverage was involved in an accident with a motorist who had bodily injury liability limits of $20,000, the injured person could recover nothing from his or her UM policy; the only remedy was to collect the at-fault driver’s limits of $20,000. In effect, the responsible, insured driver would have been in a better position if the other driver had been completely uninsured. E.g Hathaway v. Standard Mut. Ins. Co., 285 Ill. App. 3d 67 (1996). Legislators responded to this inequity in 1980 by enacting a statute requiring insurance companies to offer underinsured motorist coverage in amounts equal to uninsured coverage. See 215 ILCS 5/143a-2.
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In car accident cases, lawyers for each party are permitted to conduct written discovery by issuing subpoenas, propounding a list of written questions called “interrogatories,” or serving document requests. The use of discovery to obtain personal information posted on social media sites has recently become a hot topic. To what extent should discovery in a lawsuit be allowed when it seeks information from personal social media accounts? More specifically, should someone’s Facebook account be a subject of discovery when that person has been involved in a motor vehicle accident?

Recently, Federal Courts have addressed whether Facebook and social media sites are discoverable in civil litigation. In 2011, the United States District Court for the Eastern District of Michigan, in Chauvin v. State Farm Mut. Auto. Ins. Co., denied the defendant’s request to access the plaintiff’s Facebook account and held that “…discovery requested is available through less intrusive, less annoying and less speculative means…there is no indication that granting access to Plaintiff’s private Facebook account would be ‘reasonably calculated’ to lead to discovery of admissible information.” Chauvin v. State Farm Mut. Auto. Ins. Co., Case No. 10-11735 (E.D. Mich 2011). The Court saw no reason for one party to have access to the other’s Facebook page where there were much less intrusive ways to obtain the same information. In 2011, a Pennsylvania Court in Piccolo v. Paterson held that the plaintiff in a car accident did not have to accept a friend request on Facebook from the defendant, particularly since the defendant wished to access the plaintiff’s posts and view pictures of the accident.
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Most Kane County residents are aware of the dangers of using cell phones while driving, but many still answer the phone while driving or even text while driving. Significantly, statistics show that a driver who is texting has the same impaired response time as an intoxicated driver. If you must use your cell phone while driving, some helpful safety tips are:

– utilize a hands free device – avoid using your phone in bad weather, stressful situations, or heavy traffic – make phone calls when you aren’t moving – avoid looking up numbers or trying to take notes while driving and
– keep your conversations short
The risks are more pronounced when drivers text. While texting, the driver’s gaze constantly shifts between his phone and the road. Experienced drivers, including truck drivers, fare no better when texting. A study showed that truck drivers who text and drive are approximately 20 times more likely to get into an accident.
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Victims of car accidents often suffer cervical (neck) strain known as “whiplash.” A whiplash injury can occur as a result of both a low speed and a high speed collision. Whiplash most often occurs in rear-end collisions. Neck injuries, including whiplash, occur because the sudden force of a vehicle impact causes the occupant to decelerate rapidly, moving the neck past its normal range of motion. The crash victim’s head moves forward, then backward, very quickly, and unexpectedly.

Treatment for whiplash can be described as a neck injury to the soft tissue of the ligaments, tendons, and muscles in the neck. A whiplash neck injury, also described as a cervical strain or sprain, is considered a hypertension neck injury. Pain in the cervical area, which is often severe, is a common symptom of whiplash injury. Other symptoms include muscle spasms, headaches, neck pain, sleep disturbance, tight muscles, low back pain, tenderness in the back of the neck, poor memory, pain in the shoulders, fatigue, dizziness, vision problems, ringing in the ears, limited range of motion, and shooting pain in the arms.
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The aftermath of a motor vehicle accident can be legally complex. Often times, a person other than the driver to the striking vehicle, may be additionally responsible for the damages caused by a motor vehicle collision. Under Illinois law, two common scenarios in which a person or entity may be found legally responsible for damages caused by a negligent driver arise in (1) the parent-child relationship, and (2) the employer-employee relationship. Whether a parent or an employer is legally responsible for the at-fault driver will a careful analysis of the facts surrounding the accident and the relationships of the parties.

Parent-Child Relationship

If a child gets into an accident while driving his or her parents’ car, the injured plaintiff may be able to sue the parents in certain, but not all, situations. Parents are not liable for the injuries caused by their children merely because their child causes an accident. In Illinois, parents may be held liable under an “agency” theory for their child’s negligent driving if the child was engaged in running an errand for or doing the parents’ business at the time of the accident. Stellmach v. Olson, 242 Ill.App.3d 61, 64 (2nd Dist. 1993). However, the Stellmach Court explained that a parent is not liable for damages caused by a child who drove the parent’s car for the child’s own purposes, even if the parent consented to that use. Stellmach, 242 Ill.App.3d at 65. If, instead, the child was using the car to run a family errand, then the parent will be liable. Stellmach, 242 Ill.App.3d at 64. The question of whether an action is a family errand will be a question of fact for the jury to consider during the trial. Id.
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In March 2011, the Village of Downers Grove released its Neighborhood Traffic Study (the “Study”). The Study investigated Downers Grove’s traffic issues by studying a specific section of the community– the neighborhood bounded by Main Street, Fairview Avenue, Maple Avenue, and 55th Street. Incredibly detailed and comprehensive, the Study analyzed many different issues, including: pedestrian and bicycle facilities, intersection traffic controls, parking restrictions, and daily traffic volumes. Perhaps the most important part of the meticulous study was the evaluation of the intersection at 55th Street and Washington Street.

Intersection at 55th Street and Washington Street

One of the Study’s goals was to investigate the conditions at the intersection of 55th Street and Washington Street in Downer Grove, which may be causing vehicle accidents, car accidents, truck accidents, and motorcycle accidents and to provide recommendations for limiting the number of future accidents.
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On November 23, 2011, the U.S. Department of Transportation (“USDOT”) announced the final rule that prohibits interstate truck and bus drivers from using hand-hand cell phones while operating vehicles. The Federal Motor Carrier Safety Administration (“FMCSA”) and the Pipeline and Hazardous Materials Safety Administration (“PHMSA”) finalized the rule with the power of the USDOT . The FMCSA and PHMSA determined that the prohibition was necessary to prevent injuries and deaths caused by truck accidents. In 2009, there were 5,474 deaths and nearly 500,000 injuries caused by distracted drivers.

The final rule provides for federal civil penalties of up to $2,5750 each time a commercial truck driver is caught using a hand-held cell phone while driving. Companies that are found to be permissive in allowing their drivers to use hand-held cell phones face stiff fines up to $11,000. These penalties are in addition to state sanctions, including potential suspension of commercial driver’s license (“CDL”).
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Rear-end collisions occur every day in DuPage County. Some accidents are relatively minor and occur at slow speeds; other times, severe accidents occur as a result of a high speed, heavy impact collision. Regardless of the severity of the car accident, injuries often result. Common symptoms include pain in the head, neck, and back. Injuries may range from broken arms or legs, shoulder injuries, knee injuries, head injuries, whiplash and herniated or bulging discs.

In Illinois, the individual who rear-ends another driver is often found to be at fault in causing the accident, absent certain defenses. The rear-end driver or striking motorist who causes a rear end collision may have been following the car in front of him too closely or “tailgating.” There are exceptions to this general assumption, such as a sudden stop by the victim’s car, or in rare circumstances in which the striking motorist is confronted with a hazardous situation or sudden emergency.
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As a part of the City of Naperville’s Comprehensive Transportation Plan, the Naperville Pedestrian Plan (“Plan”) was created to design and implement policies, practices, and programs that promote a safe pedestrian experience and limit pedestrian accidents. The Plan also recognizes that there are many different pedestrian experiences and paths of travel. For instance, the Naperville Riverwalk is located west of Naperville City Hall in Riverwalk Park. The Riverwalk is pedestrian friendly and has very little interference from motorists or other uses. In a different section of Naperville, the Naperville Historic District is located north of North Central College. The Historic District is a highly mixed-use neighborhood with motorists, crosswalks, stop lights, Ellsworth Elementary School, First Congressional Church, Community United Methodist Church, many local business, etc. These areas represent different and unique pedestrian needs and desires.

Policies and Practices

In order to effectively develop and coordinate Naperville’s varying pedestrian needs, Naperville has developed a rubric of policies and practices to be considered when undertaking a pedestrian project.
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Contact Information
Naperville Office
1730 Park St #201
Naperville, IL 60563
Phone: (630) 527-4177Fax: (630) 527-4178
St. Charles Office
1700 Lincoln Hwy #G
St. Charles, IL 60174
Phone: (630) 524-2323

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