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Archive for the category: 2nd Amendment
  • General Motors Has Set A New Precedence For Auto Recalls This Year

    General Motors (GM) has set a new precedence for auto recalls this year, as the first cavalcade of auto recalls quickly turned the safety notices into background noise ignored by many of the effected car owners. GM started the avalanche on February 2014, when they announced that they had to fix a fatally flawed ignition switch on some of their small cars. That was quickly expanded twice and now numbers 2.6 million cars worldwide. The defect is linked to 13 deaths and 54 accidents. Hoping to clean house and avoid more government fines for recall foot-dragging, GM has announced 38 recalls this year through June, covering 14.4 million U.S. vehicles. GM alone will far exceed the past decade’s annual auto industry average of 21 million cars and light trucks. GM’s stepped-up recall pace could continue into midsummer, said GM Executive Vice President Mark Reuss. In the past month, GM had announced four more recalls, with the largest for 464,712 Chevrolet Camaros. The Camaro ignition key can be bumped out of position, a problem linked to three crashes and four minor injuries. Meanwhile, other automakers are clearing their cupboards of safety-related issues to stay out of the sights of the National Highway Traffic Safety Administration, which is promising tougher oversight to prevent a repeat of GM’s 13-year dawdling before the switch was recalled. So far this year, other auto manufacturers have announced 47 recalls, covering 8.54 million U.S. vehicles, according to government records. That’s a lot, even though it seems otherwise when contrasted with GM’s overwhelming numbers. The millions of recalls that have been issued this year made the situation worse and owner response rates even lower. The typical consumer reaction seems to be, “My car’s running fine. Do I need to bother?” The fact is, car owners should be bothered, but getting them to grasp that fact is a bit like trying to push a piece of string. The National Highway Traffic Safety Administration (NHTSA) stated that about 75% of recalled vehicles eventually get fixed, depending upon the value and age of the vehicle, how serious the problem seems and how likely the owner thinks that the issue might effect their vehicle. The agency believes toning down recall commotion would hurt, not help; safety is their number one concern and they want to increase and improve ways to reach consumers, not limit the number of recalls. It’s easy to see[READ MORE…]

  • Traffic Ticket Quotas

    The policy of assigning quotas for the number of traffic tickets each officer must issue officially ended in Illinois after Gov. Pat Quinn signed legislation in June. This is good news for some drivers but ending the policy could have an effect on how Illinois police are evaluated as well as how much money some municipalities will earn from ticketing motorists. In many jurisdictions, ticket quotas were one of those traditions like doughnuts – always around but hidden in a drawer and not on the top of the desk where visitors might be able to see them. Quotas do have an upside for municipalities as traffic tickets generate income through fines. They also serve as an easy performance-measuring device for supervisors in police departments, since ticket numbers are verifiable. But the practice drew the fury of drivers who would often complain – unsuccessfully – that they were victims of an arbitrary rush on the part of police to meet a numerical goal. Some drivers argued that the number of tickets had risen at one point as a means of building public pressure to resolve tense labor negotiations between the police union and the city. Quinn was noted as saying that the law, which was overwhelmingly backed by both houses of the legislature, will allow police to exercise judgment when deciding whether to ticket a driver rather than simply pursuing a fixed number of citations during every shift. The law, which immediately went into effect, applies to local, county and state law enforcement officers. Law enforcement officers should have discretion on when and where to issue traffic citations and not be forced to ticket motorists to satisfy a quota system the Governor said in a news release; “This new law will improve safety and working conditions for police officers and prevent motorists from facing unnecessary anxiety when they encounter a police vehicle.” The Illinois law applies to the range of citations that police issue, including parking, speeding and other functions. It also specifically bars municipalities from using the number of tickets issued by an officer in their performance reviews. In a statement in April, as the measure was still being discussed, John H. Kennedy, executive director of the Illinois Assn. of Chiefs of Police, issued a statement opposing the bill. While law enforcement executives strongly agree with eliminating the imposition of arbitrary traffic ticket quotas, the bill also eliminated vital data-driven[READ MORE…]

  • Boating Safety Issues

    Most people already knows that drinking alcohol and driving a car is a dangerous combination, however, there is less awareness of the same dangers while operating a boat. Mix water, a boat and throw in alcohol and the results can be deadly. That’s why Governor Pat Quinn signed new legislation in July to improve boating safety. “This is something that never should have happened, there should have been more enforcement out there,” Jim Borcia said. Their 10-year-old son Tony was killed two years ago on the Chain-of-Lakes while tubing with his family. A boater, operating his boat while under the influence of alcohol and cocaine, ran the boy over as his family watched in horror. Tony and his family frantically waved their hands to the boater to get his attention, but he never slowed down. Tony’s family used their tragedy to change laws. “We know there are other Tonys out there that are in danger every weekend, every day, said Jim Borcia. “Unless things change, the mindset of boats shouldn’t be associated with partying, it should be associated with responsibility.” Since the tragic accident, the family has created the Y-Not Project in Tony’s name, and raised enough money to buy a boat for the Illinois Department of Natural Resources to patrol the Chain-of-Lakes. In July, Gov. Quinn signed three new bills into law to increase boating safety. The first law will make punishment for boating under the influence more in line with driving other vehicles under the influence. The next bill will require boaters 16 and younger to pass a boating safety course and have a valid certificate, and the third law will require the operator of any boat to display a bright orange flag if they are towing a person. “From a little boy’s death has come the beginning of reform for boating safety in Illinois,” Morrison said. “Part of your pain has been turned into purpose,” she said to his parents, who have been pushing for changes in boating laws since his death. The bills, signed in July, increase the power of law enforcement officials and put new restrictions and requirements on boaters. Under one of them, a persons’ watercraft can be seized after multiple DUI offenses. In another, all people born after January 1998 will be required to take a boater safety course and hold a boater safety certificate before they can operate a boat with an[READ MORE…]

  • SCOTUS Issues Ruling Affirming 2d Amendment Rights

    Image via Wikipedia In March we discussed the fact that the Supreme Court of the United heard oral arguments in McDonald v. City of Chicago (08-1521). At issue in McDonald was whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment, thus making it applicable to the States and invalidating ordinances prohibiting possession of handguns in the home. Last week, the Court issued its decision essentially reaffirming that the right to bear arms is a fundamental right. Justice Alito, writing for the majority, stated: It is clear that the Framers . . . counted the right to keep and bear arms among those fundamental rights necessary to our system of ordered liberty. However, as explained in this Washington Post article, the decision was deliberately vague and raised more questions that it answered. In fact, it didn’t even specifically address the Chicago gun laws at issue in the case: The 5 to 4 decision does not strike down any gun-control laws, nor does it elaborate on what kind of laws would offend the Constitution. One justice predicted that an “avalanche” of lawsuits would be filed across the country asking federal judges to define the boundaries of gun ownership and government regulation. You can learn more about this decision from the following sources: SCOTUS wiki: Chicago v. McDonald SCOTUSblog: McDonald v. City of Chicago and the Standard of Review for Gun Control Laws Wikipedia: McDonald v. City of Chicago Howard Ankin of Ankin Law Office LLC (www.ankinlaw.com) handles  workers’ compensation and personal injury cases. Mr. Ankin can be reached at (312) 346-8780 and howard@ankinlaw.com.

  • SCOTUS hears arguments in McDonald v. City of Chicago

    Image via Wikipedia McDonald v. City of Chicago (08-1521) is a highly publicized United States Supreme Court case that many guns rights activists are watching carefully. This case has generated an enormous amount of attention from both sides of the issue and, as a result, over 50 amicus briefs have been filed with the Court. At issue in this case is whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment, thus making it applicable to the States and invalidating ordinances prohibiting possession of handguns in the home. On March 2, 2010, oral arguments were heard by the Court, a transcript of which can be found here. This decision comes on the tails of the Court’s ground breaking Second Amendment decision nearly 2 years ago in District of Columbia v. Heller. It is expected that whatever the determination  in this case, the Court will be just as divided as it was in the Heller decision. You can learn more about this case from the following recent articles: Chicago Sun-Times: Mayor Daley ‘Optimistic’ Supreme Court Will Uphold City’s Handgun Ban (Mar. 1, 2010) New York Times: Tailgating Outside the Supreme Court, Without the Cars (Mar. 2, 2010) Wall Street Journal: The Second Amendment and the States (Mar. 2, 2010) Bloomberg: Give Us a Right to Be Free of Those Who Bear Arms (Mar. 3, 2010) Wall Street Journal: New Ammunition for Gun Rights (Mar. 3, 2010) Washington Post: Supreme Court Does More Wrangling With Gun Laws (Mar. 3, 2010)

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