Articles Posted in Negligence

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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On June 1, 2011, construction began on the Butterfield Road (IL Route 56) widening project. Upon the project’s conclusion, approximately six miles of Butterfield Road, from Naperville Road in the City of Wheaton to Route 59 in the City of Warrenville, will be widened from two lanes to four. The project will also include updated intersections, additional turning lanes, and additional lanes at the major cross streets of Wiesbrook Road, Orchard Road, and Naperville Road to improve capacity at Butterfield Road intersections. According to the Daily Herald, the project is scheduled to conclude in the fall of 2012.

Butterfield Road Car Accidents

When planning the project, the Illinois Department of Transportation conducted a crash analysis on the section of Butterfield Road to be improved. The IDOT study found a total of 670 accidents on this stretch of Butterfield Road. The study found that 88% of the accidents were rear end collisions and turning accidents. The study also investigated eight intersections along Butterfield Road, including: IL Route 59, Batavia Road, Winfield Road, Wiesbrook Road, Orchard Road, Cromwell Drive, Naperville Road, and the Danada Square and Naperville road intersection. From 2004 through 2006 there were 387 accidents at these intersections, causing 83 personal injuries. Again, approximately 90% of the accidents at these locations were rear end collisions and turning accidents. The road widening and updated intersections are designed to lower the number of car accidents, truck accidents, and motorcycle accidents that occur on Butterfield Road.
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Naperville city planners expect Naperville’s population to grow to 155,000 by the year 2020. This population growth sparked the Naperville City Council to create the Comprehensive Transportation Plan (the “Plan”), which represents the desire to maintain mobility and safety throughout the City of Naperville.

The City of Naperville’s Comprehensive Transportation plan has 14 component parts. They include:

1. Master Thouroughfare Plan 2. Trip Reduction Plan 3. Transit Plan 4. Pedestrian Plan 5. Bicycle Plan 6. Neighborhood Traffic Mitigation/Calming Plan 7. Traffic Safety Plan 8. Traffic Enforcement Plan 9. Intelligent Transportation Systems Plan 10. Truck Route Plan 11. Air Quality and Noise Management Plan 12. Coordinated Roadway Improvement Plan 13. Arterial Landscape Plan 14. Parking Plan Continue reading

The Kane County 2040 Transit Plan (the “Plan”) represents the long-term plan for Kane County’s transportation future. The Plan is designed to meet Kane County’s transportation needs until the year 2040.

The Plan takes into account the varied transportation needs of the county–from the rural areas in the western part of the county to the urban areas to the east. With Kane County’s population projected to rise by nearly 300,000 people over the next 30 years (most of which will occur in the urban areas in the eastern part of Kane County), the Plan seeks to balance the transit needs in the rural areas with those needs in the urban areas.
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A motor vehicle accident or pedestrian accident can be a traumatic experience and has the potential to cause painful personal injuries, such as a broken bones, painful back injuries, or head injuries. In 2010, there were approximately 89,000 persons injured in motor vehicle crashes in Illinois. This means that nearly ten people are injured in motor vehicle accidents every hour.

When an injured person incurs medical bills for treatment of injuries related to the accident, it is important to understand what may be required in order to obtain reimbursement. In Wills v. Foster, the Illinois Supreme Court held that Illinois follows the “reasonable value” approach in determining whether a plaintiff is allowed to recover their medical bills. In presenting medical bills as evidence, there are several potential pitfalls that a plaintiff should consider.
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When a motor vehicle accident occurs, there will invariably be physical damage to the motor vehicles. It is common for the cars involved in an accident to be photographed at the scene of the accident. Such photographs are often helpful in demonstrating the severity of the collision at trial. However, the photographs are not automatically admissible at trial to prove injuries or damages. Illinois Appellate Courts have wrestled with this question for years, and the Illinois Supreme Court has yet to clearly resolve the dispute.

Formerly, photographs depicting damage to a vehicle were admitted into evidence as long as the attorney laid the proper foundation. In Cancio, the Court found that although photographs of the plaintiff’s vehicle revealed little damage, they were relevant and helpful for the jury to consider in determining the extent of the plaintiff’s injuries. Cancio v. White, 697 N.E.2d 749 (1st Dist. 1998). In DiCosola, the Illinois Appellate Court ruled that the trial court had the discretion to keep photographs out of evidence, especially without the use of expert testimony. DiCosola v. Bowman, 794 N.E.2d 875 (1st Dist. 2003).
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