Almost any parent can attest to an increase in grey hair and anxiety on the day their teenager began to drive. Unfortunately the worry and fret may be warranted. A 2005 national statistic shows that 7,460 young drivers between the ages of 15-20 were involved in fatal motor vehicle accidents. In addition, 281,000 drivers, in the same age group, were injured in motor vehicle crashes. Although young drivers are only a small portion of the overall driving population, they represent a disproportionate share of the total amount of fatal accidents. See Illinois Secretary of State, Final Recommendations of The Teen Driver Safety Task Force, at 1 (2007) (citing National Highway Traffic Safety Administration, Traffic Safety Facts: 2005 Data).
While the statistics are upsetting, it may have been the necessary scare tactic that pushed Illinois state government to take action. As a result of the Final Recommendations submitted by Secretary of State Jesse White's Teen Driver Safety Task Force, the Illinois legislature recently enacted more stringent teen driving laws. January 1st, 2008 marked the effective date for provisions of Senate Bill 172 and House Bill 518, which both address and attempt to resolve issues regarding teen driving. See 105 ILCS 5/27-24.3 and 625 ILCS 5/2-123.
Senate Bill 172, known as Jesse White's Teen Driving Bill, sets forth more rigid learner's permit and Graduated Driver's License requirements. Most significantly, Senate Bill 172 extends the learner's permit period from three to nine months and requires 6 full hours of on-the-street driving with a certified instructor. Prior versions of the law permitted on-the-street driving to be substituted with other educational methods such as computer simulation. Also, the new law dictates tougher curfew provisions, which now apply to 17 year olds, as well as 16 year olds. See Press Release, Office of Governor, Gov. Blagojevich signs Secretary Jesse White initiative to protect teen drivers; Illinois teens driving law now among toughest in the nation (Aug. 20, 2007) (available on State of Illinois webpage).
The new law also addresses the issue of teen passengers and doubles the amount of time during which a driver with a graduated driver's license may carry only one unrelated youth passenger (excluding siblings). Passengers age 15-20 may also be ticketed for illegally riding in the car with the new driver.
Another important provision requires 15 violation free months before a new driver can become eligible for a full license. Ensuring parents confirm that their teen is complying, House Bill 518 was enacted to "make sure parents are fully involved with their teens as they go through the Graduated Driver's license process." In this respect, the Secretary of State now permits parents to access their teen's driving records until the teen's 18th birthday. Under House Bill 518, parents can access the driving records at absolutely no charge. Prior to January 1, 2008, parents would have to request a copy of the teen's record and pay a $12 fee. In 2006, under the old law, only 235 parents purchased records. See Kurt Erickson, Illinois parents get a peek at kids' driving records in January, QCTimes.com, Nov. 8, 2007, Now, the records are quickly available on the Secretary of State's homepage by link or at http://www.ilsos.gov/parentalaccess/. Parents are required to agree that the documents they are accessing are confidential records. From there, parents are asked to provide their own driver's license number or state ID number, the teen's driver's license number or "white slip" number, the teen's social security number, and the teen's PIN number. Once the information is entered, parents have instant access to violations issued to their teen.
Certainly, the tougher laws may upset eager-tocruise teens, but there is no denying the connection between tougher laws and safer drivers. A Johns Hopkins University Public Health Study shows that states with stringent restrictions on teen-drivers see about a 21 percent decline in fatal crashes involving 16-year-old drivers. See Ted Gregory and James Janega, Sweeping new rules of road, Chicago Tribune, Aug. 20, 2007. Querrey & Harrow attorneys, having zealously advocated on behalf of countless drivers for nearly 70 years, can certainly attest to the need for safe driving practices and increased awareness of the rules of the road, regardless of the driver's age.
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Jessica O'Neill is an associate in Querrey & Harrow's Chicago office and concentrates her practice in general litigation. Having clerked during law school for Querrey & Harrow, Ms. O'Neill has experience in all aspects of the litigation practice. During law school, Ms. O'Neill served as a Student Bar Association Representative and was a member of the Faculty Orientation Committee. She also served as an Editor of the John Marshall Law Review. If you have questions regarding this article, or would like copies of the materials cited, please contact Jessica via joneill@querrey.com, or via 312-540-7596.
While Querrey & Harrow grew to be a full-service firm representing clients throughout the legal spectrum, the firm was founded on defending auto liability claims and continues to represent the insureds of many large national and multi-national carriers in auto and trucking liability claims. Our attorneys have experience in the handling of automobile liability claims from small claims lawsuits to complex lawsuits and first party claims and fraud investigations. We utilize various levels of experienced attorneys to properly and economically handle any type of lawsuit or first party claim involving auto and truckling liability. Querrey & Harrow has a long tradition and is recognized in the legal community as a leader in defending auto liability claims.
