At Koester & Bradley, a large percentage of our personal injury arise form auto accidents. We see many common themes such as distracted driving, speeding, and even projectiles from children in rear seats. Learning abut the causes of Illinois car accidents is a great way to minimize the chances of accidents for cautious drivers. --Tom Koester, Partner, Koester & Bradley LLP
Auto mishaps are the leading cause of death among individuals aged 1 to 34 years old nationally. The same general pattern holds true for Illinois as a state and also Champaign County and Central Illinois where Koester & Bradley focuses its personal injury practice. Over 40,000 individuals each year in the United States die as a result of auto accidents. While these statistics might be frightening, a simple understanding of the threats of motor vehicle and truck accidents can aid you in planning trips to minimize threats of potential crashes.
According to information from the National Freeway Website Traffic Safety Administration (NHTSA), automobile accidents are most likely to happen:
According to statistics, the majority of deadly car accident occur between the hours of 6 p.m. and 12 a.m. This should really be no surprise since this is when most people are the most tired. 28% of all fatal traffic crashes occur during this time frame. As nighttime sets in, there are typically more intoxicated or impaired drivers on the roads. The second most unsafe time of day is between the hours of 3 p.m. and 6 p.m. 16% of all fatal traffic crashes occur during this time frame. These times of day tend to me more harmful due to the number of drivers hitting the road, e.g. “heavy traffic” for commuters coming home from work.
Weekends also yield higher amounts of motor vehicle accidents. Reported auto accidents are higher on Saturdays and Sundays than on any other day of the week. Tuesdays and Wednesdays tend to have fewer reported accidents.
While there are plenty of auto accidents that occur in Winter months as a result of road conditions, more accidents actually occur in the Summer months. The NHTSA reported that August is the leading month for traffic accidents to occur. Experts believe that when the temperatures rise, more drivers tend to hit the roads and thus, more accidents occur.
Anytime a driver chooses to operate his/her motor vehicle impaired whether under the influence of alcohol or medications, the danger of a car or truck accident increases. The NHTSA has reported that an alcohol impairment at a Blood Alcohol Content of 0.08 can significantly boost the risk of motor vehicle and truck crushes by about 8 times. The threats of these crashes are increased by 25% when a driver is impaired by marijuana.
Accidents caused by impairment from marijuana are an issue that Illinois and Champaign County will have to deal with in particular with both medicinal and recreational pot use legalized in Illinois. In fact, Illinois police are already trying to prepare for the problem.
While impaired driving is the reason for a significant amount of auto mishaps, the NHTSA reports that 95% of all automobile accidents are created at last partly by human error.
What does this mean for drivers in Champaign-Urbana and Central Illinois who want to avoid car accidents and the accompanying injuries? All drivers must understand:
Have you or a loved one been harmed in an automobile accident? If so, contact the Illinois motor vehicle accident lawyers at Koester & Bradley, LLP. Our skilled and compassionate attorneys have been offering assistance to our clients since 1895.
To find out more about our services, please call 217-337-1400 to schedule a free initial consult with one of our partners at Koester & Bradley, LLP.
By: Tom Koester, Koester & Bradley, LLP
Tires are expensive for a reason. Tires represent the most important connection that your car make--to the road. Proper tire maintenance can save lives, while poor tires can cause serious injury. --Ryan Bradley, Partner, Koester & Bradley LLP
At Koester & Bradley our auto accident lawsuit team as well as our trucking accident litigators constantly see the carnage that can result from poor tire maintenance and worn out tires. It is understandable that Illinois drivers are reluctant to think about tires. A good set of tires can cost between $400 and $1,000. However when you realize that the tires on your vehicle are the sole connection that your car makes with the road, the cost seems more reasonable.
It is estimated that over 33,000 crashes occur each year as a result of tire degradation. Tire degradation is caused by (1) time, (2) ambient and operating temperatures, (3) flex fatigue, (4) partial pressure of oxygen in a tire and (5) constructing and compounding characteristics. Although recent tire degradation has received a great deal of recent press, it is not a new problem but one that is been studied vigorously since the 1980s. In fact, M. Pottinger wrote an article, “The Effect of Tire Aging on Force and Moment Properties of Radial Tires, in 1981 where he notes that “the physical properties of rubber such as modulus elongation, loss factors, etc. undergo significant changes over extended periods of time due to ozone, temperature, oxidation, humidity and other environmental factors.” Similarly, M.A. Jacobson addressed the aging effect tires in his 1982 article, “Accident Avoidance-How Age Deterioration Can Affect Car Safety”. He notes that the tread and sidewall rubber crack and harden due to age and exposure to sunlight, ozone, high temperatures and oxygen. A 1986 article, “The Aging of Tires – Influence on the Damage Frequency” by F. Nowakowski discussed a study of 146 tread separation failures and concluded that a correlation existed between tire age and tire failures. Nowakowski’s study advised that tires older than 6 years should be removed regardless of tread depth. A June 1988 press release from Goodyear Commercial Tire Management informed the pubic that stored tires age and can be rendered unusable just as tires left in the elements.
As a response to the Firestone tire failures, Congress asked The National Highway Traffic Safety Administration (NHTSA) in the Fall of 2000 to develop a “tire aging test” in order to evaluate the risk of failure during the life of a tire. The current regulation in 2000 only evaluated the life span and risk of new tires; tires that were already in use or were in storage were not regulated. On November 1, 2000, the Transportation Recall, Enhancement, Accountability, and Documentation (“TREAD”) Act was enacted which mandated that the NHTSA revise and update the safety standards for light-truck and passenger cars. The NHTSA reviewed the effectiveness of the current 2000 tire standards and then developed the NHTSA Tire Aging Test Development Project in 2002.
The NHTSA Tire Aging Test Development Project set out to prove two goals: (1) to understand service-related tire degradation over time and (2) to develop an accelerated, laboratory-based tire test which simulates real world tire aging and then allows the remaining structural durability of these test tires to be evaluated. The NHTSA expected that the highest level of tire degradation would take place in warmer climates and thus, Phoenix was the location chosen for the collection of on-vehicle tires. The NHTSA determined that changes in tire properties were due to two mechanisms: (1) thermo-oxidative aging and (2) cyclic fatigue during tire deformation. Thermo-oxidative aging occurs when the heat and reaction to oxygen causes the rubber compound and material interfaces of the tire to degrade. Cyclic fatigue leads to cracks and separations of the tire tread.
The NHTSA developed three methods of accelerated, laboratory-based tire testing to determine structural durability of aged tires. The first two methods (Michelin’s Long-Term Durability Endurance Test and Continental’s Passenger Endurance Test) were combined to determine tire aging and durability. Michelin’s test required the tires to be inflated to a mixture of 50% oxygen and 50% nitrogen and then run on a 1.707m roadwheel for up to 500 hours. Continental’s test required the test tires to be run on the 1.707m roadwheel under proprietary conditions for up to 240 hours. A test based on research by Ford was used for the third method which required that the test tire be inflated to a mixture of 50% oxygen and 50% nitrogen and then heated in an oven for a period of time in order to speed up the chemical reactions and test the material property changes. The heated tire was then later run on a road wheel in order to study structural durability changes.
New tires were then compared to the tires that had been aged in the laboratory setting. The NHTSA reported that over 95% of tire failures in its complaint database involved wire-coat skim compound, the tire tread and belt area, and the wire-coat wedge compound between the steel belts in the tire tread. These areas were studied in the most detail and it was found that increases occurred in the hardness, modulus, cross-link density and oxygen content. The ultimate elongation, peel adhesion and flex property also decreased over time.
The NHTSA then analyzed what variables had the biggest effect on the change in these properties. Data was then collected comparing the changes in properties to those tires taken from service in Phoenix to those tires used in the laboratory-based testing. The changes in the properties of the tire were higher in those tires used in the laboratory-based testing. The longest roadwheel test times showed the same level of change in property as the same tires used in Phoenix with a real world use of 1 to 3 years. A tire of 3 to 6 years of service in Phoenix had the same change in properties that a tire oven-aged had at the highest level. It was also found that hardness of type E, H and L tires increased during oven-aging and decreased during real world service in Phoenix or roadwheel testing in a lab setting.
Structural integrity was also tested based upon a method involving the oven-aging of tires and a stepped-up load test. Tires aged 3 weeks at 70°C had longer running times before failure than did tires aged at 60°C. C and L tires aged at 60°C at 8 weeks had no decrease in roadwheel time, despite the fact that L tires had the greatest loss in physical properties during aging tests. B and D tires had failure times below 100% load only at aging times of 8 weeks at 65°C. These same model tires had a predicted failure rate below 100% after 5 or more years of service in Phoenix. E tires used for 3 to 4 years of service in Phoenix or oven-aged for 8 weeks at 65°C produced failures below 100% of the maximum rated load for the tires. H tires used for 2 to 3 years of service in Phoenix or oven-aged from 6 to 8 weeks between 60°C and 70°C resulted in failure below 100% of the maximum rated load for the tires.
The National Transportation Safety Board (NTSB) studied several aged tire-related crashes in 2014. They found that aged tires are often used well beyond safe service lives. For example, in the February 15, 2014 Centerville, Louisiana crash between a school bus and a SUV, it was determined that the SUV’s driver lost control of the car after the right rear tire’s tread separated. It was determined that the SUV’s tire was approximately 12.5 years old. The crash resulted in the death of 4 people and injuries to 34 others. The NTSB also determined that recalled tires tend to remain in service several months after a recall is issued. For example, a 15-passenger church van rolled over on February 21, 2014 in Lake City, Florida resulting in two deaths and severe injuries to several minor children. It was determined that the crash was likely caused by a left-rear tire failure. The NTSB investigation determined that that the tire had been recalled for a known safety defect approximately one and half years before the crash but had continued to remain in service.
The National Highway Traffic Safety Administration (NHTSA) estimated that tire aging may have contributed to 23% of tire-related crashes. Despite their years of research, the NHTSA has not defined what is an “appropriate” tire age but merely refers to vehicle and tiremaker recommendations. “The British Rubber Manufacturers Association (BRMA) recommended in June 2001 that tires over six years of age should not be put into service and that all tires should be replaced ten years from the date of their manufacture. However, the BRMA notes that even an inspection by a tire expert may not reveal the full extent of tire deterioration.” Ford noted in its 2006 MY owner’s manuals that “tires degrade over time, even when they are not being used on the road. It is recommended that tires generally be replaced when they are six years or older.” Chrysler’s 2006 Owner’s manuals contained a similar warning noting that “tires and spare tires older than six years could result in sudden tire failure resulting in loss of control that could lead to serious injury or death.” Tire Rack notes on its website that they believe street tires have a useful life in service of between six to ten years. It is no wonder why the general public may be confused as to when tires should be replaced.
The NTSB discovered that between 2009 and 2013, only 44% of recalled tires were actually removed from service and that only 20% of affected tires are returned to the manufacturer. Under the current recall system, tire identification numbers (TINs) are compared against TINs listed on recall notices. The problem here is that TINs are difficult to locate without the use of a professional vehicle lift because the number is listed on the inside of the tire’s mounted sidewall. Cross-referencing a TIN with an individual recall bulletin is also extremely difficult as no recall database searchable by TIN is in currently in existence. Unfortunately, this forces the consumer to rely on service shops and dealers to inform them of recalls. The NTSB has recommended the following improvements: (1) the printing of TINs on both sides of the tires, (2) requiring manufacturers to create TIN searchable recall databases on their websites, (3) requiring mandatory registration of all tires at the point of sale and (3) using radio frequency identification (RFID) chips and laser scan codes to transmit recall information. Congress recently passed “Fixing America’s Surface Transportation Act” (FAST Act) which implemented NTSB’s proposed improvements #2 and #3. However, the FAST Act does not require computerized registration or NTSB’s proposed improvement #4 which would help ensure effective communication to consumers.
We know that tires will continue to degrade with (1) time, (2) ambient and operating temperatures, (3) flex fatigue, (4) partial pressure of oxygen in a tire and (5) constructing and compounding characteristics. We know that tires will continue to be put into service if they appear serviceable. Finally, we know that aged tire-related crashes will continue to occur until policies and practices are created and implemented by the government.
By: Ryan Bradley, Koester & Bradley, LLP
The number of semi truck and tractor trailer accidents throughout Illinois are on the rise. Drivers are constantly tired, and spurred on by trucking companies unconcerned with safety. Still, there are ways to stay safe on the road. --Ryan Bradley
How to share the road with Trucks
With 10 gears, 500 horsepower, hauling 80,000 pounds and an average cruising speed of 65-70 miles per hour, today's commercial vehicles were built with the long-haul in mind. But if you've ever gotten stuck behind an 18-wheeler in the city, you are all too aware of how slow and clumsy these big rigs can be off the highway. In Central Illinois in particular the prevalence of semi trucks is even higher with Illinois Interstate 57, 74, and 72 all intersecting along with smaller roads frequently used by semis. The Champaign trucking accident team at Koester & Bradley has studied the causes of trucking accidents for decades and has come up with the following tips Illinois drivers can use to protect themselves from the destructive power of semi trucks and big rigs.
Getting Up To Speed
Never pass or maneuver around a commercial vehicle - truck or bus - illegally, even if it means taking a few more minutes on your commute. Although you may think you can zip around and in front of that trucker, keep in mind that most passenger car/tractor trailer accidents are much more than fender benders.
Safe in the Zone
Most professional truck and bus drivers try to leave a safe distance between themselves and the vehicle in front of them. This cushion of space is known as the "safety zone". Yet, the safety zone is often invaded by risky drivers trying to better their position on the road.
Never zoom around a truck or bus only to pull directly in front of them. Stay out of the safety zone! As a rule when you pass a commercial truck or bus, allow 50 feet (five car lengths) between you and the big guy before merging back in front of him. If you enter the zone in front of a big rig and need to apply your brakes, the 18-wheeler on your tail may not be able to stop in time.
Is He Making a Pass? Remember, trucks are bigger than you are.
When you make the decision to pass, always be sure you can complete your pass quickly. As you're approaching a big rig from the rear, anticipate what your passing speed needs to be and be sure you can get by without getting stuck behind another passing vehicle - you might be in one of the truck's blind spots. Better to wait to start your pass after the one ahead of you has completed its maneuver and is clear of the safety zone.
If you can't see a truck's mirrors, you're in the truck's blind spot and the trucker can't see you. Keep this in mind as you select your road position behind or alongside a truck or bus. Always make sure you can be seen. When passing, keep in mind that the truck driver has a big blind spot to his left just behind his cab. If you get caught in that blind spot the truck might start a passing maneuver of its own and squeeze you off the road or into oncoming traffic, or worse yet, collide with you.
Truck Accidents Will Still Happen
Koester & Bradley dedicates a significant amount of our practice to helping drivers injured in semi-truck accidents. Remember, trucks have one goal in mind, deliver the load as quickly as possible and pick up another load. That is how trucking companies make money--and they make lots of it. Trucking companies almost always have large insurance policies as well. This means that if you or a loved one are injured in a trucking accident, you should absolutely call a local Champaign and Illinois trucking accident lawyer so that you are paid the compensation that you deserve.
By: Ryan Bradley, Koester & Bradley, LLP
Illinois receives a wide range of winter weather from snow to freezing rain, to sheets of ice. How can you protect yourself in the event of an accident? Follow these tips.
-Tom Koester, Partner, Koester & Bradley LLP
Winter is here, and Illinois is seeing its share of snow, sleet, and ice. When driving in that type of weather, it’s crucial to be prepared. Here are some tips on safe driving and how to avoid auto accidents while driving in the snow. You may have heard these before, but they bear repeating. When we counsel clients about auto accidents that take place in the winter, and especially in inclement weather, we hear the same types of stories repeatedly.
If you’ve been the victim of a car accident, you’re probably entitled to more compensation than you think. Make sure to contact a law firm that has your best interests in mind, so that you’ll get the highest compensation possible.
By: Tom Koester, Partner, Koester & Bradley, LLP
One of the keys to receiving fair compensation for your injuries in an Illinois auto accident or personal injury case is to prove that your injuries are permanent.
-Ryan Bradley, Partner, Koester & Bradley LLP
In Illinois like almost every other state, if you were hurt in an accident and if you can win your personal injury case, you will receive compensation for your injuries. However, if you had to endure very serious injuries, there may come a time where you reach what is referred to as the maximum medical improvement. Typically, this determination is most often made in workers compensation situations, but it is relevant in automobile wrecks and trucking accidents as well. A determination of maximum medical improvement means that you will not heal anymore than you have already healed, and this determination usually comes from a doctor.
Does maximum medical improvement mean that I have no permanent injuries?
The answer is no. For example, assume that you fractured your back in an automobile accident. You undergo surgery and physical therapy. Finally, after months of treatment your spine surgeon establishes that you have reached your maximum level of improvement. This determination does not mean that you will not suffer the repercussions of you injury for the rest of your life, but only that you not get any better.
For some, this point of maximum medical improvement comes when they are fully healed. Their compensation stops and they return back to work and normal activities. Unfortunately, for serious accidents, this moment of maximum medical improvement doesn't mean they are fully healed. If you will no longer improve in condition, you will then be considered to have permanent impairment. In some cases, this means that person will never regain full range of motion in their shoulders, or it can be even more serious like a person no longer regaining the use of a limb. If this is the case, a doctor will examine your impairment to see if it will be considered partial disability or full disability. This percentage of disability will affect how much you can receive for the impairment.
If you have reached maximum medical improvement, but still are not fully healed, having your injury labeled as permanent will mean you can continue to collect a certain amount of compensation for that impairment. However, you can't ask for this during your personal injury case. It is something that must be accessed after the healing is done. If you suspect you may have permanent impairment, this means you need to communicate that with your lawyer so the settlement has provisions to provide for permanent compensation just in case permanent impairment does manifest. Koester & Bradley is an Illinois leader in receiving compensation for permanent injuries and building a case for such injuries.
If you have been hurt in an accident, you hope you won't have long-term injuries, but if you do, you want a settlement that can cover it. If you have been hurt and need help with your personal injury case, contact us today.
By: Ryan Bradley, Partner, Koester & Bradley, LLP
Hit and Run Accidents in Champaign Urbana and across Illinois are frustrating and dangerous. It is vital to stay cool and protect your right to compensation with a local Attorney.
--Tom Koester, Koester & Bradley, LLP