A Chicago man who crashed into a parked car in the Wicker Park neighborhood on March 21 died today. Vito Battista was critically injured at 6:00 am when he lost control of his motorcycle and crashed into a parked car near 1400 North Western Avenue in Chicago. Medical examiner's spokesman said that Mr. Battista suffered massive head injuries.
Illinois reported 110 fatal motorcycle accidents in nine months in 2008 and 113 in 2009. A high percentage of these fatalities occurred in Chicago and the surrounding suburbs. The National Highway Traffic Safety Administration (NHTSA) statistics suggest three ways that will reduce motorcycle crashes, injuries and fatalities.
Increase helmet use:Helmets are 37% effective in preventing fatal injuries to motorcycle riders and 41% effective for passengers (NHTSA 2009) In 2008, 41% of motorcycle rider fatalities and 51% of motorcycle passenger fatalities were of riders and passengers who were not wearing a helmet. NHTSA estimates that 823 of these motorcyclists would have lived if they wore a helmet.
Reduce alcohol impairment In 2008, 30% of fatally injured motorcyclists had a blood alcohol concentration above the legal limit of .08 (NHTSA, 2009)
Reduce speed In 2008, 35% of motorcycle riders involved in fatal crashes were speeding and more than half of all motorcycle fatal crashes were single vehicle crashes which suggest that speeding was involved.(NHTSA, 2009)
Of the motorcycle injury cases that the Chicago motorcycle injury lawyers, Zneimer & Zneimer have handled, most involved cars or trucks either making a left turn in front of the motorcyclist or cars coming out from a side street or alley in front of the motorcyclist.
In a consolidated case that involved six drivers that drove cars that were insured by Founders Insurance or Safeway Insurance, the issue was whether Founders and Safeway should pay for injuries caused by a driver that drove the car without a license. Founders and Safeway argued that they did not have to pay because their policy excluded drivers who do not have a drivers license. Five of the drivers had no license, while the sixth driver had a suspended license.
The Founders insurance policy had several exclusions to its liability coverage. One of the exclusion stated that coverage does not apply “to bodily injury or property damage arising out of the use by any person of a vehicle without a reasonable belief that the person is entitled to do so." Founders argued that a person without a drivers license or a person with a suspended drivers license cannot have a reasonable belief that they are entitled to use the vehicle.
The Safeway insurance policy had a similar exclusion. The policy excluded any person "operating an automobile without a reasonable belief that he or she is entitled to do so.”
In the case of Founders Ins. Co. v. Munoz, 237 Ill.2d 424 (2010), the Illinois Supreme Court agreed. The Court stated "The policy provision at issue here precludes liability coverage when the person using or operating the vehicle does not have a “reasonable belief” that he or she is “entitled” to do so. Based on this language, Founders and Safeway argue that a person who has not been issued a driver’s license, or whose license has been suspended or revoked, cannot have a reasonable belief that he or she is entitled to drive merely because he or she owns the vehicle or was granted permission to use the vehicle..."
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The court began with the language of the policy and, in particular, the word “entitled." The court looked up the word in a dictionary for its plain meaning and noted,
"Under both policies, an “insured person” includes the named insured and any person using the owned vehicle with the permission of the named insured. As Founders and Safeway note, unless the person qualifies as an “insured person,” the coverage exclusions never come into play because the person is not covered by the policy in the first instance. This means that the term “entitled,” as used in the subject exclusion, cannot refer to entitlement based on permission or ownership because the issue of whether the person using the vehicle has a reasonable belief that he or she is entitled to do so only arises after issues of permission or ownership have been satisfied."
"The question remains whether the “average, ordinary, normal, reasonable person” for whom these policies were written ... would understand that the exclusion applies to unlicensed drivers. We agree with Founders and Safeway that the answer is “yes.” Illinois law with respect to driving privileges is clear. With limited exceptions not relevant here, no person shall drive a motor vehicle in this state unless such person has a “valid license.” 625 ILCS 5/6-101(a), (b) (West 2008). A person driving on a revoked or suspended license is guilty of a Class A misdemeanor. 625 ILCS 5/6-303(a) (West 2008). Irrespective of whether a person owns the vehicle, or is a permissive user, without a valid license, a person cannot have a reasonable belief that he or she is entitled to drive in this state. Without a valid license, a person has not been given the “right” to drive; has not been “qualified” to drive; has not been “furnished with proper grounds” for doing so..... Accordingly, each of the six drivers at issue here, who either never obtained a license or whose license was suspended, could not, as a matter of law, have a reasonable belief that he was entitled to drive simply because he owned the car or was given the keys."
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The decision of the Illinois Supreme Court will leave many accident victims without compensation for their injuries, if the driver that caused the accident had no license or had a suspended license and had an insurance with a similar exclusion. There are insurance companies that sell insurance policies to persons who do not have drivers license. It is essential to review the provisions of your policy for any exclusions to protect yourself and others on the road.
While we do not dispute the Illinois Supreme Court's observation that a person without a license is violating the law by driving, the reality is that many people drive without a license because they are undocumented This decision will leave taxpayers to pick up the tab for medical expenses for injured victims. We urge the legislators to act to prevent this from happening.
A new law amends Section 625 ILCS 5/3-707 of the Illinois Vehicle Code making it a misdemeanor to injure someone while driving without insurance. Violators could spend up to a year in jail or face a $2,500 fine.
The amendment reads as follows:
625 ILCS 5/3-707
(a-5) A person commits the offense of operation of uninsured motor vehicle causing bodily harm when the person:
(1) operates a motor vehicle in violation of Section 7-601 of this Code; and
(2) causes, as a proximate result of the person's operation of the motor vehicle, bodily harm to another person.
(a-6) Uninsured operation of a motor vehicle under subsection (a-5) is a Class A misdemeanor.
This law will have especially serious consequences for undocumented aliens who drive without license or liability insurance. The law will also have serious consequences even for aliens who are lawfully in the United States in a valid nonimmigrant status since the commission of any crime is considered a violation of nonimmigrant status under the immigration law, which will make an alien removable from the United States for violation of status.
Records compiled by the National Highway Traffic Safety Administration show that driver distraction is a significant factor in traffic crashes resulting in injury or death. The use of a cell phone while driving can increase the chances of becoming involved in a crash by 400 percent.
On January 1, 2010, two new traffic laws take effect in Illinois.
The first traffic law restricts drivers under the age of 19 (with an instruction permit or graduated license) from using a wireless or cellular phone while driving. This law law also prohibits the use of wireless telephones for all drivers, regardless of age, while operating a vehicle in a school zone or construction zone.
The law provides an exception to exclude a GPS or navigation system, and creates an exception to the electronic message prohibition for a driver using an electronic communication device while parked on the shoulder of a roadway, and creates an exception for a driver using an electronic communication device when the vehicle is stopped due to normal traffic being obstructed and the driver has the motor vehicle transmission in neutral or park.
The second traffic law prohibits text messaging, composing, reading or sending electronic messages, or accessing internet sites while driving a motor vehicle in a school speed zone or a construction or maintenance speed zone, except for a person engaged in a highway construction or maintenance project for which a construction or maintenance speed zone has been established when the person is using a wireless telephone in furtherance of that project.
The law adds exceptions for specified emergency purposes and law enforcement officers or emergency vehicle operators when performing their official duties. It also adds an exception to wireless telephone in school and construction zones prohibition for a person using a wireless telephone in voice-activated mode.
The Illinois Department of Transportation's Division of Traffic Safety (IDOT/DTS) is offering free driver training classes for motorcycle operators. The Cycle Rider Safety Training Program (CRSTP) was initiated in 1976 in an effort to reduce injuries and deaths in accidents involving motorcyclists.
The training program is free to any Illinois resident 16 years of age or older who holds a valid automobile or motorcycle driver's license or permit. The program is designed to help motorcyclists increase their skills and learn how to avoid crashes. According to the Illinois Department of Transportation, research shows that over 90% of motorcycle riders involved in crashes were self-taught or learned from family or friends. In addition, the number of licensed motorcyle riders in Illinois continues to increase. This means there are more inexperienced riders on the highways, and these riders may lack the skills and judgment to avoid crashes.
The Illinois Cycle Rider Safety Training Program (CRSTP) offers courses for beginner, intermediate and experienced riders. If you are a new motorcyclist or want to brush up on your motorcycle riding skills, please consider enrolling in one of these courses.
An Aurora woman has been accused of wrongful death and a suit has been filed against her after a motorcycle accident near Elburn on July 28th. Two motorcyclists were killed in the chain-reaction accident.
Alia Bernard, 24, has been accused of negligence in the death of Denise Thomas, 45. Thomas' husband, Wade Thomas, was also killed in the accident. The Thomas' were taking part in a Saturday morning ride with twenty other cyclists.
Apparently, Bernard rear-ended the Honda-Civic in front of her which was stopped at a light and waiting to turn left. The collision caused the Honda-Civic to be forced into the oncoming cycle traffic and the Thomas' were unable to stop before hitting the Civic.
Bernard has not been charged yet officially by the police pending an accident reconstruction report.
It's important to be prepared for bad drivers even when your vehicle is not moving. Look in your local telephone book or on the internet for courses in driving defensively.
Peter Zneimer
Sofia Zneimer
