Articles Posted in Car 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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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

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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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Naperville, IL 60563
Phone: (630) 527-4177Fax: (630) 527-4178
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St. Charles, IL 60174
Phone: (630) 524-2323

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