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Defective Tire Tread Accidents

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As simple as they seem, your tires are actually one of the most important safety features of your car. Their good condition ensures that your vehicle moves smoothly and predictably, capably handling all challenges from sharp curves or wet roads. Driving on damaged or defective tires substantially heightens your risk of having a serious accident, even on easy stretches. The National Highway Traffic Safety Administration (NHTSA) reports that in 2019, more than 600 people died due to tire-related causes. The organization has also found that about 30 percent of all critical traffic accidents related to vehicle malfunction are due to tire failure.

If you have been injured in a car accident caused by faulty tires, you may be entitled to recover damages such as medical expenses, lost wages, out-of-pocket expenses, or pain and suffering, from the parties responsible. Our lawyers will fight to ensure that you receive the compensation you deserve. Call us today at 630-898-7800 to schedule a free consultation.

Types of Tire Problems and Defects

To function properly, tires must be adequately inflated, expertly aligned and rotated, have proper tread depth, and be replaced when they become too old, among other things. When these conditions are not met, your tires could develop accident-causing problems such as:

  • tread separation
  • uneven or flat treads
  • sidewall malfunctions
  • ozone cracking
  • overfilled or underfilled tires
  • lack of tire uniformity (conicity)

Any of these tire problems can cause you to lose control of your car or experience a blowout or explosion that causes the vehicle to crash.

Who Might Be Liable in a Tire Defect Accident Lawsuit?

A number of parties could be responsible for your defective tires and the resulting crash, including:

  • The tire manufacturer. The tire manufacturer might be accountable if the tire failure was due to a manufacturing or design flaw. For example, the manufacturer may have used inferior quality materials that become defective with minimal usage, or the tires have certain structural defects that the manufacturer should have known about.
  • The tire or vehicle retailer. The tire retailer might be responsible if the tire was damaged or defective at the time of purchase, and the retailer knew or should have known about the damage.
  • The mechanic. The person who installed your tires may also be liable for a tire-related accident if they negligently installed the wrong type of tire for your vehicle, failed to install the tire properly, or failed to notice a defect in the tire that caused the accident.

If you were injured in a tire-related motor vehicle accident while on the job, workers’ compensation may cover your claim, but you may still be able to recover compensation from the third parties mentioned above.

Your Responsibility as the Vehicle Owner

Illinois is a comparative negligence state: the law apportions blame between the parties to a motor vehicle accident. For example, you might argue that a manufacturer is responsible for producing defective tires that caused an accident, but they may respond that you, as the owner of the tires, contributed to the accident because you failed to maintain your tires properly. Under such circumstances, the manufacturer might be held 80 percent responsible, and you might be considered 20 percent responsible.

To keep your tires in the best condition possible and avoid accusations of negligence, you should:

  • Inspect your tires regularly. Check for low air pressure, worn treads, cracks, punctures, and other problems at least once per month. If you spot a problem, seek expert advice and assistance promptly.
  • Replace old/worn tires. Don’t try to eke out one last season with tires showing signs of wear and tire. When they’re showing signs of age, it’s time to get new ones.
  • Rotate your tires regularly. Experts recommend rotating your tires every 5,000 to 8,000 miles.

The Importance of a Defective Tire Attorney in Aurora, Illinois

If you were involved in a tire-related accident, whether a tire blowout or accident-causing flat, you need an experienced personal injury attorney to assess your case and help you obtain the financial compensation that you deserve. Contact the attorneys at Cullotta Bravo Law Firm to discuss the accident and your options. Call today at 630-225-8341 or contact us online for a free consultation.

The Auto Safety Technology Coming Soon to a Car Near You

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The United States Department of Transportation has reported that almost 95% of all car accidents are the result of human error.

It’s no surprise, then, that many of the recent safety initiatives and tech research out of the auto industry have focused on reducing the human choice component of driving. It seems that, very soon, driving could be less an art and more a science. Fewer decisions will be up to the driver, and for the job of driving safely, we will rely on our increasingly intelligent cars themselves.

What is this tech? How will it specifically make driving safer? And—if you’re in an accident, regardless of the availability of improved safety features—how will this technology impact your ability to pursue needed compensation?

Here’s what you need to know.

Car Safety Features Improving as Soon as 2022

First of all, it’s key to realize that cars have already come a long way. From higher-quality airbags to protect passengers during a collision to blind-spot warning signals and lane departure alerts, auto safety tech has already become an expected feature in many cars.

Those features are only the start. Beginning next year, we can expect to see the following features in more and more vehicles:

  1. Cars that converse. It’s not science fiction—it’s next year’s communication system. We expect vehicles near each other to use a short-range network to warn each other of potential dangers.
  2. Monitors with 360-degree views. Instead of having to crane our heads around to check our blind spots as we park, we’ll have cameras that give us a full picture (including a birds-eye view) of our current position and conditions.
  3. Night vision tech: It’s more dangerous to drive at night, right? In 2022, that might change. Thanks to infrared lights and thermal imaging cameras, drivers can expect more situational awareness in low light conditions—making it easier to avoid collisions in the dark.
  4. Automatic braking systems: Your car may be able detect pedestrians (or other entities or objects you need to avoid) and automatically deploy your brakes. This can help unresponsive or distracted drivers avoid dangerous collisions.
  5. Infrastructure communication technology: Soon, your car may be able to take advantage of the wealth of information available on the internet to increase your chances of safety. For example, in 2022 and beyond, cars may be able to download or record information like traffic congestion, weather hazards, and data surrounding potential dangers. Then, you can use this information for your own benefit or upload that information to enhance safety potential for all.
  6. External airbags: We’re all familiar with the airbags located to our front and sides in the passenger and driver cabin. In the future, we may see external airbags that are proactive—predicting imminent collisions and activating to reduce external damage, instead of just reacting to already-present dangers.
  7. Driving with voice control: Vehicles in the near future may come equipped with a voice interface (think: Alexa or Siri). This could help keep the driver informed of environmental concerns or even allow the driver to control some vehicle functions in the event of physical deterrents (from a hand cramp to a stroke). More commonly, this tech will likely allow drivers to control music and communication reliably without taking their hands off the wheel.
  8. Windshields equipped with augmented reality: This is where the intersection between available technology and science fiction becomes readily apparent. This technology would allow the driver windshield to show animations and graphics to keep the driver informed, highlight any dangers, or provide readouts of the car’s functionality. In the future, it may even connect to traffic signals and be able to identify crosswalks for further-increased safety. Of course, tech like this is farther down the timeline.

The Cullotta Bravo Law Firm Will Help You Pursue Relief in Tomorrow’s Increasingly Tech-Savvy World

In 2022 (and beyond), we’re excited to enjoy a safer driving experience for all. However, we know that accidents will still happen. When they do, demonstrating liability could be a lot more difficult. Will we be able to use the increased amount of data at our fingertips to show fault, or will it tend to exonerate those seemingly responsible for dangerous crashes?

The attorneys at Cullotta Bravo Law Firm will always be able to provide knowledgeable support and strategic defenses so you and your loved ones can experience justice and relief. If you need assistance navigating the aftermath of a complicated crash, give our team a call at 630-225-8341, or contact us online.

Prescription Drugs and Impaired Driving

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According to the 2018 National Survey on Drug Use and Health, 20.5 million drivers over the age of 16 drove under the influence of alcohol, and 12.6 million drove under the influence of illicit drugs. In 2016, 19.7% of drivers who drove under the influence tested positive for opioids. The highest percentage of drivers who are driving impaired are ages 21-25. After alcohol, marijuana, or THC, is the most common drug involved in crashes.

Drivers under the influence of prescription drugs, or driving while drugged, make Illinois roads less safe. But what do you if an impaired driver hits you? In this blog post, we’ll discuss Illinois laws about driving while drugged, how medications affect drivers, as well as what you should do if a drugged driver hits you.

Illinois Law Prohibits Impaired Driving

Under Illinois law, a person should not drive or be in physical control of a vehicle while under the influence of any:

  • – Alcohol;
  • – Intoxicating compound;
  • – Drugs, including marijuana and methamphetamine;
  • – Marijuana (cannabis) or other medications legally prescribed by a physician; or
  • – Any combination of drugs, intoxicating compounds, or alcohol to the degree that it renders a person incapable of driving safely.

See 625 ILCS 5/11-501 (2019). An intoxicating compound includes anything listed in the Illinois Controlled Substances Act. See 720 ILCS 570/100 (2012). Driving under the influence also includes any situation where a driver’s blood, urine, or breath contains any amount of a drug, substance, or compound resulting from the unlawful use of a controlled substance.

How Prescription Medications Affect Drivers

Prescription medications affect different drivers in different ways, but many have universally known side effects that impair a user’s ability to drive.

  • – Medical marijuana: THC affects drivers’ psychomotor control and impairs cognitive functions crucial to driving, including reaction time, vision, distance and time perception, lane tracking, coordination, and balance.
  • – Prescription opioids: Opioids can cause drowsiness and impair cognitive function, reaction times, coordination, and balance.
  • – CNS depressants: Central nervous system depressants like tranquilizers, sedatives, and hypnotics can cause drowsiness and impair cognitive function.
  • – Stimulants: Prescription stimulants like those used to treat Attention-deficit Hyperactivity Disorder (ADHD) can cause an inability to focus or pay attention and have detrimental effects on perception and cognitive-motor functions.
  • – Anti-depressants: New research indicates that people taking prescription anti-depressants can have impaired attention and reaction times.

What Happens if an Impaired Driver Hits Me?

If a driver that you suspect is impaired hits you, you should take some immediate steps:

  • – First, assess your injuries. Determine if you need to call an ambulance for you, your passengers, or other drivers.
  • – Second, call the police. Calling law enforcement is especially important if you suspect the other driver is impaired.
  • – Collect Information: Be sure to immediately record the description and license plate number of the impaired driver. Get the names and contact information for any witnesses if you can. Also, record any information relevant to the crash, like the road and weather conditions. If possible, take photos of the scene.
  • – Call your insurance company: Share the information you gave to the police and send them a copy of your accident report when you have it.
  • – Contact an experienced personal injury attorney.

Whatever you do, do not leave the scene of the accident before the police arrive. Under Illinois law, there are penalties for leaving the scene of an accident if someone is injured or dead or if property damage exceeds $1,500. There are severe penalties for driving under the influence in Illinois. You will need to share your suspicions and what you observed before, during, and after the crash with law enforcement.

Victims’ Rights

In Illinois, as a victim of an impaired driver, you have the right to:

  • – Be treated with fairness, respect, dignity, and privacy and free from harassment, intimidation, and abuse through the criminal justice process;
  • – A notice and to a hearing before any court ruling giving access to their privileged and confidential records, information, or communication;
  • – Be notified of all court proceedings;
  • – Communicate with prosecutors;
  • – Be heard at any post-arraignment court proceeding regarding the release, pleas, or sentencing;
  • – Be notified of the conviction, sentence, imprisonment, and release of the accused;
  • – Be reasonably protected from the accused through the criminal justice process;
  • – Be present at the trial and all court proceedings unless prosecutors schedule you to testify and the court determines that being present would materially affect your testimony;
  • – Have an advocate and a support person at all court proceedings, subject to the rules of evidence; and
  • – Restitution

If you’ve been in a crash with an impaired driver, you may be able to recover damages from the driver for property damage but also any medical expenses, lost wages, lost earning capacity, and pain and suffering. If a drugged driver has injured you or someone you love, give us a call at 630-898-7800 or contact us online. Cullotta Bravo Law has more than 30 years of experience helping people injured in Illinois.

Accidents Caused by an Impaired Driver

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Car crashes can be caused by driving too fast, trying to make it through a yellow light or being distracted by the phone. However, when a person is involved in an accident with a drunk driver, the drunk driver often walks away suffering less harm than other drivers or passengers. This may leave the injury victim struggling to get compensation for his or her injuries.

Instead of leaving your accident claim in the hands of the insurance company, a Chicago and Aurora personal injury attorney will work to get you compensation for your injuries.

Impaired Driving Accidents in Illinois

Research indicates a driver’s reasoning and memory shows impairment with a blood alcohol content (BAC) of only 0.05%, below the legal limit. According to the Centers for Disease Control and Prevention (CDC), from 2003 to 2012, 3,866 people were killed in crashes involving a drunk driver in Illinois. In 2017, of the 998 fatal crashes in Illinois, about 1-in-3 fatal accidents involved alcohol.

Suspect the Other Driver Was Impaired

If you suspect the other driver in an accident was impaired by alcohol or drugs, you should contact law enforcement. An impaired driver may try and get the others involved to not report the accident, or even offer to pay out-of-pocket for any damages. However, once the driver leaves the scene without providing their insurance information, it may be more difficult to track the driver down to file a claim.

Drunk Driver Liability

Evidence that a driver is impaired in an accident may be used to show the driver was negligent or at fault for the accident. This is another reason why injury victims should contact the police if they suspect the other driver was impaired. If the police arrest the driver for a DUI, the courts will deal with the criminal charges. It is up to the injury victim to file a personal injury claim in civil court.

If the impaired driver is determined to be the cause of the accident, the driver will be liable for damages caused by the accident.

Getting Compensation After an Accident with a Drunk Driver

Even if a drunk driver caused the accident, the driver may not have insurance or enough money to pay for damages. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage covers bodily injury claims for at-fault drivers who do not have insurance or do not have enough insurance to cover the damages.

There may also be other parties liable for damages in a drunk driver accident. For example, if a family member allowed the impaired individual to drive the family member’s car, the family member may share liability for the accident. Additionally, a vendor may be liable for damage caused by an intoxicated driver under Illinois “Dram Shop Acts.”

If you were involved in an accident with an impaired driver, talk to your personal injury lawyer about your rights and options to get compensation after the accident.

Injury Accident Attorney in Chicago and Aurora

An auto accident in the Aurora or Chicago area can cause vehicle damage and serious injuries. Your damages may include car repairs, medical bills, and loss of income. The driver responsible for causing the accident may be liable for your damages. Contact the Cullotta Bravo Law Group today at 630-898-7800 to schedule your free consultation.

Car Accident Involving a Driver Under the Influence of Marijuana in Illinois

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On January 1, 2020, Illinois’ Cannabis Regulation and Tax Act will go into effect, decriminalizing possession of small amounts of marijuana for individuals 21 and older.  Consumers will be able to buy marijuana for recreational use from licensed sellers in the state.

While buying, possessing and using marijuana will be legal for most, it is still against the law to drive under the influence of marijuana. Victims of driver under the influence of marijuana car accidents may be able to show the other driver’s negligence if the other person was driving while high.

Negligence in an Illinois Car Accident

Most car accident personal injury claims are based on negligence in Illinois. The accident victim may be able to get compensation from the other driver who negligently caused the accident. Negligence can be shown through showing that the other driver:

  1. 1. Had a duty of reasonable care while driving,
  2. 2. Breached that duty,
  3. 3. The breach was a cause of the accident, and
  4. 4. The victim suffered damages because of the accident.

One way to show negligence in a car accident injury claim is showing that the other driver violated a traffic law which caused the accident.

Illinois DUI Marijuana Laws

Driving under the influence (DUI) is a cause of many car accidents in Illinois. When a driver is impaired by alcohol or drugs, the driver may face criminal DUI charges. An accident victim can use evidence of the DUI conviction in his or her personal injury claim to show the other person was driving negligently. This includes driving under the influence of marijuana.

Marijuana traffic lightUnder Illinois law, a driver is presumed to be under the influence of cannabis if there is a tetrahydrocannabinol (THC) concentration of 5 nanograms or more in whole blood or 10 nanograms or more in another bodily substance. This means a driver is under the influence per se, much like a driver would be with a blood alcohol concentration (BAC) of 0.08% or higher.

A driver may not appear at all impaired with a THC blood concentration of 5 nanograms, but the law would still consider the driver to be impaired and subject to criminal charges. However, even if a driver has a THC blood concentration of lower than 5 nanograms, that can still be considered with other evidence in determining if the driver was under the influence.

Was the Driver High at the Time of the Illinois Accident?

If the other driver in an accident smells of alcohol or marijuana, you should consider contacting the police to report the accident. A driver who is high may not want you to call the police and try and settle the accident “off the books.” However, it is easier for the police to deal with an impaired driver than for you to later show the driver was impaired if the police were never called.

Additionally, the other driver may simply disappear and never return your calls about paying for the damage. In a worst-case scenario, the other driver may later claim that you caused the accident and file a lawsuit against you for property damage, medical bills, and pain and suffering.

There may be other ways to show the other driver was impaired. Your attorney may be able to search text and phone records or social media accounts. The other driver may have posted pictures of smoking weed, getting drunk, or sent texts to a friend about driving while high.

Talk to your Illinois personal injury attorney after an accident, to understand how best to handle your claim. Contact the Cullotta Bravo Law Group today at 630-898-7800 to schedule your free consultation.

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"★★★★★ Highly recommend attorney Peter Cullotta and his staff! They are highly attentive to your needs and are great at following up with you. His team helped my parents settle a car accident that other attorneys werent able to figure out."
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Cullotta Bravo Law Group es miembro de:

The National Trial Lawyers

The National Trial Lawyers

Dupage County Bar Association

Dupage County Bar Association

Illinois Trial Lawyers Association

Illinois Trial Lawyers Association
Kane County Bar Association

Kane County Bar Association