A Driver Crashed into Culver’s in Morton Grove, So Let’s Talk About Car Incursions

On Monday, a 79-year-old woman lost control of her vehicle on Dempster Street and crossed through the parking lot, crashing into the front of the building. The family of four who was seated at the point of impact all sustained injuries, but the good news – the VERY good news – is that none of those injuries appear to be serious. The driver was uninjured.

According to ABC 7 News, the driver was changing lanes and lost control of her vehicle. Police are investigating whether that loss of control was caused by a mechanical error, a driver error, or a medical issue, per CBS News.

We’ve been following this story for a few reasons. Mostly, we wanted to make sure everyone was going to be okay. We also have a soft spot for Culver’s (and we’re not the only ones. The franchise’s Wikipedia page says there are close to 900 of them across 26 different states). From a purely professional standpoint, though, what we found interesting was the type of accident – a car “incursion,” or building strike accident.

According to the Storefront Safety Council (SSC), which tracks these types of collisions:

• Storefront crashes occur more than 100 times per day
• 46% of all storefront crashes result in an injury
• 8% of all storefront crashes result in a fatality
• Each year in the US, as many as 16,000 people are injured and as many as 2600 are killed in vehicle-into-building crashes.

And these numbers are probably low. When the SSC teamed up with the British insurance company Lloyd’s of London, they learned that their data likely “reflects only a fraction of the total of storefront crashes which occur every single day: At the most conservative, it appears that the SSC database captures 1 in 12 incidents (8.33%).”

In short? Vehicles strike buildings a lot; we just don’t always hear about them.

What leads to a building strike accident?

The SSC’s data shows there are six common causes of building strikes (and one seventh, general category they call “other). Per their data, they are:

• Operator error – 22%
• Pedal error – 17%
• DUI ­– 15%
• Traffic accident – 12%
• Ramraid/Crash and grab (AKA, theft) ­– 6%
• Medical – 9%
• All other causes ­– 21%

There’s one thing the list doesn’t mention, and that’s mechanical failure. And the reason we want to talk about this specifically is because the car involved was a Toyota Corolla.

First, some quick history on why the brand matters

Back in 2009-2010, Toyota issued a recall because of a “sticky” accelerator. There were a ton of stories on the news, and many of them specifically called out the Corolla. In the end, Toyota had to pay $1.2 billion as part of a deferred prosecution agreement – not because its pedals were bad, but because Toyota lied about the risks. (As we learned from Watergate, it’s never the crime; it’s the cover up.)

A few years later, the Department of Transportation revealed that while some of the “stuck pedal” crashes were the result of faulty floor mats, which would could get jammed under the gas pedal, most of those crashes were actually the result of human error: “Data from many of the ‘black boxes’ from cars involved in incidents of unintended acceleration showed that in most cases, the brakes were never even touched.” So it appears that mechanical failure may not have been to blame at all.

On the other hand, a man in China just drove 300 miles when his car was stuck on cruise control and the brakes failed to engage, so you never want to rule out a mechanical defect, even if it seems unlikely.

Mechanical failure, pedal confusion, and sudden unintended acceleration

So, back to the issue at hand. We don’t know how old the vehicle was, and we don’t know if it was one of the cars that actually does have a sticky accelerator. What we assume to be true, though, is that the car incursion was the result of sudden unintended acceleration (SUA). And that makes this a far more complicated issue that you might assume.

A mechanical defect – an issue with the throttle or the pedal itself, or even poorly design floor mats – can absolutely lead to SUI. When they do, the driver and anyone else who is injured may have a solid product liability case against the auto manufacturer. But SUA can also be the result of pedal confusion: where a driver mistakes the gas for the brake and ends up driving instead of stopping.

Pedal errors (or pedal misapplication) are fairly common causes of car crashes, especially for older drivers. A recent study out of Japan “found that older participants have longer reaction times, slower decision times, and greater brain activation in the parts of the brain involved with inhibition and switching tasks. These findings suggest insights into the causes of accidents involving elderly drivers who mistake the brake for the accelerator.” Essentially, the report says that for older drivers, the act of driving actually requires far more brain activity than it does for younger but experienced drivers.

As we know, the driver in Monday’s accident was 79 years old. So the chances are good, if the science is correct, that this may have just been a terrible accident in the truest sense of the word.

What should I do if I’m injured in a building strike collision in Chicago?

If you are a passenger, a building occupant, a cyclist, or a pedestrian – the group mostly likely to be injured, by the way – and you are injured in a building strike collision, the single most important thing you can do is seek medical attention as soon as possible. Do so not only because it may help you in the short and long-term, but also because if you decide to pursue a lawsuit, your medical history will become critically important. So you want to get your injuries documented as soon as possible, and follow up on your care as your physician recommends.

Once you have been treated, then you should give us a call. Our Chicago car accident lawyers have experience with these types of claims, and understand the complexities of proving liability in pedal error crashes. To learn more about our services, or to schedule a free consultation, please call us or fill out our contact form. We’re based in Chicago and serve the entire Chicagoland area.