Illinois Plaintiff's Lawyer Personal Injury Blog- Legal News and Insights from Champaign Urbana Attorneys Koester & Bradley, LLP

When and How Most Illinois Car Accidents Happen

6/29/2019

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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

 

Koester & Bradley Discusses How and When Auto Accident Happen

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:

  • Evening and nighttime hours are the most dangerous--so stay alert!
  • Impaired driving is not just due to alcohol--it can also be from marijuana and even fatigue.
  • The slower you travel (within speed limits) the safer you will be.  Speeding is a major cause of Illinois Accidents as well.

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

The Vital Importance of Tires for Driving Safety

6/18/2019

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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

 

Koester & Bradley Tells You All You Need to Know About Burning Rubber

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.  

Are your Tires Worn Out?  

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. 

NHTSA & TIRE AGING TESTS

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. 

TIRES:  HOW OLD IS TOO OLD?

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. 

TIRE RECALLS

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. 

CONCLUSION

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

How to Avoid Personal Injuries on Pedestrian Roadways

11/07/2018

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An often overlooked cause of injury in Illinois is pedestrian and vehicle accidents.

-Ryan Bradley, Partner, Koester & Bradley, LLP

Many cities across Illinois, including Champaign-Urbana, are taking measures to increase bicycle and pedestrian traffic.  Most pedestrian traffic is centralized in a downtown area, however motorists are well-served to keep a lookout for pedestrians on all roadways.  

Now That it is Raining, Be Careful Driving in Floods

10/04/2017

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Stay safe while driving during flood conditions in Champaign Illinois and Beyond.

With little rain in Illinois over the last few months, you must drive with extra caution when the sky actually opens up. Recent floods caused the deaths several people, including some trapped in their car by water. Therefore, we want to provide you with tips about  Automobile Accidents and Safety during floods.
  • Don't drive over water. You may think that the water is not too deep and that you could easily pass it so long as you drive slowly. However, though a stream may appear small, it could still be dangerous. Moreover, according to the National Weather Service, even twelve inches of moving water can sweep away a small car and two feet of rushing water can carry away most vehicles.
  • Drive cautiously. If you must over water, be cautious. Check to see whether other drives are passing over the water. How deep is the water? Is there debris moving through the water? Note that water can also damage roads, causing an unseen danger.
  • Drive defensively. Though you know to proceed with extra caution during fierce weather, not all drivers will do the same. Some drivers think they are invincible and will drive too fast or will not break fast enough to slow down. Be aware of your surroundings and other drivers at all times.
  • Remove distractions. Don't talk on your cell phone unless you are reporting an accident. Don't eat or put on make-up while driving. Watch the road. While these are good tips for any kind of weather, it is especially important during severe weather.
  • Get help. If you get stuck on the road because of waters, call your local police or fire department. If you become injured by another driver, contact your local authorities then contact us.

Illinois Plaintiffs Lawyer Personal Injury Blog by Koester & Bradley, LLP 

Legal News and safety tips with Illinois Impact from the Accident and Personal Injury Firm Koester & Bradley, LLP

Authors

Ryan R Bradley is a personal injury and litigation lawyer based in Champaign County Illinois focused on representing injured clients and businesses navigate the maze of litigation to financial recovery.  


Tom Koester is a personal injury attorney based in Champaign County in Central Illinois focused on representing the injured and victims of Medical Malpractice and Personal Injuries.