Chicago Accident and Injury Lawyer Blog

As you travel to and from the holiday gatherings with family and friends to share a meal this Thanksgiving, be very careful on the roads. Thanksgiving day ranks number one as the day with the highest number of traffic fatalities.

There is a high volume of traffic on the road. AAA Chicago estimates 38.3 million Americans will travel 50 miles or more from home this holiday, a 2.7 percent increase from last year's 37.3 million travelers. "Airports and highways will be busier than ever," says Beth Mosher, director of public affairs for AAA Chicago. "The higher prices will not keep people home for Thanksgiving." Approximately 31.7 million travelers expect to go by motor vehicle, a 2.6 percent increase from those who drove a year ago.

Unfortunately, an average of 573 vehicular deaths occur in the United States on Thanksgiving day. There were 623 traffic fatalities in the United States in 2006 (the most recent year on record).

So this Thanksgiving holiday, enjoy the time with your loved ones, give thanks for all of your blessings and be cautious while traveling.

This Thanksgiving holiday, the Illinois State Police, Illinois Department of Transportation and local police are partnering to reach 100 percent seat belt compliance through a Click It or Ticket campaign. During the campaign, more than 135 state, local and county police agencies will dedicate 15,000 hours of enforcement details from November 17th through November 30th.

The past two years, Illinois motorists have exceeded the 90 percent mark with regard to seat belt use.

Since the primary seat belt law was signed into law five years ago, Illinois has seen a significant drop in roadway fatalities each year. In 2003, there were 1,454 fatalities. As of mid-November this year, there have been 888 fatalities.

An investigation is underway regarding a fatal accident that occurred on November 18, 2008 at the intersection of 179th and Route 6 (Southwest Highway) in Orland Park. An SUV driver was making a turn onto westbound Southwest Highway and was struck by a mid-sized school bus traveling eastbound. The driver of the SUV suffered injuries resulting in his death.

The "traffic concerns" at this intersection were the subject of a November 10, 2008 Village of Orland Park meeting. Reportedly, a resolution was recently unanimously passed to intercede with the Illinois Department of Transportation (IDOT) to reduce the speed limit in the area between Wolf and Will-Cook Road on Southwest Highway from 55 m.p.h. to 45 m.p.h.

There is debate regarding whether a traffic light would be helpful at this intersection. A train station and entrance to a subdivision are both located nearby.

Continue reading " DANGEROUS ORLAND PARK INTERSECTION SITE OF FATAL ACCIDENT " »

The Federal Aviation Administration (FAA) has awarded a $9 million dollar contract to Honeywell International, Inc. and Aviation Communications & Surveillance Systems to test and install satellite-based ADS-B (Automated Dependent Surveillance-Broadcast) systems to help improve runway safety. Considering airports are are still using the radar systems developed during World War II, government encouragement to improve technology could not have come soon enough.

With present-day radar, pilots rely on air traffic controllers and a see-and-avoid strategey that literally entails looking out the window to avoid wandering in the way of - or colliding with - other aircraft on the runways. By constrast, ADS-B provides a full-color, topographical map on a computer screen and shows where the pilot's plane is, where other planes are, and the weather systems around them. ADS-B essentially gives the pilot "an extra set of eyes" according to Terry von Thaden, a professor in the Institute of Aviation at the University of Illinois at Urbana-Champaign.

ADS-B's ability to update in real-time is especially important on runways where there are many planes in close proximity. Commercial airline traffic is expected to top one billion passengers anually by 2016 (compared with 769 million in 2007); this increase will result in more aircraft than ever taxiing, taking off and landing on airport runways, so improved technology to help out our pilots will be more important than ever.

Alaska tested out ADS-B technology in a 1999 to 2006 joint venture between industry and the FAA. Accidents decreased by a whopping 47%. Not only does ADS-B improve safety, but it is also expected to increase airline eficiency and help the environment by enabling more tightly spaced landings and reducing time spent in holding patterns (which can save between 40 and 70 gallons of fuel per landing).

Continue reading " SATELLITE TECHNOLOGY TO MAKE SKIES FRIENDLIER " »

Would you know what to do in the event that you got in an accident with a CTA bus? Or if you were injured while riding the El? Section 41 of the Illinois Metropolitan Transit Authority Act governs actions against entities such as the CTA and minute details can make or break your ability to successfully bring a claim against the CTA.

As too many Illinois residents have learned the hard way, Section 41 operates to protect the CTA...to the detriment of those who have been injured. Section 41 requires anyone seeking to commence a suit against the CTA to provide notice to the CTA within six months of the accident. The "notice" must include very specific details, including the name and residence of the person injured, the date and time of the accident, the location where the accident occurred, and the name and address of the attending physician, if any. Section 41 provides that "if the notice provided for by this section is not filed as provided, any such civil action commenced against the Authority shall be dismissed and the person . . . shall be forever barred from further suing."

It may appear that those details are simple enough...name and address; date and time; location. Appearances, however, can be deceiving. In one case, a woman whose vehicle was hit by a CTA bus, had her case thrown out for failure to include the address of the hospital doctor. She ultimately filed for bankruptcy. Another person who was involved in a 2001 CTA crash in which more than 100 people were taken to a hospital had his case thrown out for failure to specify the location of the accident. Apparently, "on the brown line in Chicago, Illinois" was not specific enough. Never mind the fact that the CTA knew full well to which accident this man was referring; his case was dismissed and he was barred from further pursuing an action against the CTA.

This law dates back to 1945 and serves to protect the CTA. Victims with legitimate personal injury claims are kicked to the curb based on technicalities. This is not only unfair, but it is not right. Many of these people have already suffered a devastating blow from the injuries sustained; it's adding insult to injury when these people are denied their day in court because of a law designed to benefit a giant agency.

Continue reading " YOU VERSUS THE CTA " »

The Illinois Department of Trasportation (IDOT), in conjunction with the Illinois State Police (ISP), is urging motorists to start preparing themselves and their vehicles for winter driving conditions. Both agencies are encouraging drivers to allow sufficient time to reach their destination and to to drive defensively.

ISP Director Larry Trent is reminding drivers that "weather conditions can change rapidly and make for hazardous driving, so motorists should make sure their vehicles are properly maintained, the emergency car care kit is updated, and everyone in the vehicle is fastened in their seat belt."

IDOT recommends these additional safety tips:
* Plan ahead and make sure before you head out: is your trip necessary?
* Don't crowd the plow -- a snowplow operator's field of vision is restricted; you may see them, but they may not see you.
* Watch out for black ice -- roads that appear clear may be treacherous. Take it slow when approaching intersections, off-ramps, bridges, and shady areas - all are prone to black ice.
* Always keep your gas tank at least two-thirds full to prevent the vehicle's fuel line from freezing.
* Dress warmly for the weather in anticipation of unexpected winter weather emergencies.
* Do not travel unless absolutely necessary.
* Make sure someone is aware of your travel route.
* Always carry an emergency car care kit that contains jumper cables, flares or reflectors, windshield washer fluid, an ice scraper, traction material, blankets, non-perishable food and a first aid kit.
* Always carry a cell phone.
* Always wear a safety belt.

Continue reading " IDOT STRESSES SAFETY MESSAGE: ICE AND SNOW - TAKE IT SLOW! " »

November 10-16 marks the National Sleep Foundation's (NSF) second annual Drowsy Driving Prevention Week, a national campaign to educate young drivers and the public about the dangers of driving while sleepy.

Car accidents are the number one killer of American teenagers - more than 5600 teens were killed in car accidents in 2005. The National Highway Traffic Safety Administration (NHTSA) has found that the fatality rate for teen drivers is four times higher than for drivers aged 25-69. Sleep-related crashes are most common in young people, who tend to stay up late, sleep too little, and drive at night. In fact, 55% of all crashes in which the driver fell asleep involved drivers 25 or younger. Dr. Meir H. Kryger, Chairman of NSF's Board of Directors believes, "Teens are among the most sleep deprived members of society. Combining sleepiness with inexperience behind the wheel can be deadly. Most teens and parents are aware of the dangers of driving while intoxicated, but many do not realize that drowsiness can have a similar or worse effect on driving performance."

Like alcohol, sleepiness slows reaction time and impairs judmgent. Indeed, 17 hours of sustained wakefulness produces performance impairment equal to 0.05% BAC; after 24 hours, impairment is equal to 0.10% BAC. Unlike alcohol, however, a person who falls asleep while driving has no control of the vehicle and cannot take measures to avoid a crash. Approximately 11 million drivers admit they have had a crash or a near crash because they dozed off or were too tired to drive. According to the NHTSA, drowsy driving crashes result in at least 1,550 deaths, 71,000 injuries and $12.5 billion in monetary losses each year.

NSF recommends the following tips to avoid drowsiness while driving:
*Get adequate sleep before you drive.
*Allow time for breaks on long trips - about every 100 miles or two hours.
*Use the buddy system - ask your passenger to stay awake during the drive, to help keep you awake and to share the driving responsibilities.
*Don't drink alcohol and be aware of the potential side effects of any medications you might be taking - some cause drowsiness.
*Consume caffeine - the equivalent of two cups of coffee can increase alertness for several hours, but should not be relied upon to overcome sleep deprivation.
*If sleepiness sets in while driving, prevent a crash by pulling over to find a safe place to take a nap or sleep for the night.

Continue reading " THIS WEEK IS DROWSY DRIVING PREVENTION WEEK! " »

As noted in my blog last week, "falling back" can be good for your heart, but it can mean death for pedestrians.

Researchers from Carnegie Mellon University discovered that pedestrians walking around dusk are three times more likely to be struck and killed by cars after clocks are turned back. They concluded that 37 more American pedestrians die around 6 p.m. in November compared to October. This translates to a 186% increase in pedestrian deaths from October to November. The risk for pedestrian deaths at 6 p.m. is by far the highest in November than any other month. This risk decreases each month through May. Indeed, the risk at 6 p.m. in November, after daylight saving time ends, is eleven times higher than the risk at 6 p.m. in April, when daylight saving begins.

The spike in pedestrian deaths after moving the clocks back is directly related to the end of daylight saving time and earlier darkness, but the researchers claim it's not necessarily the darkness itself, but rather the adjustment to earlier nighttime that is the killer. The drop-off in pedestrian deaths by December suggests the risk to pedestrians is caused by the trouble drivers and pedestrians have adjusting to darkness that suddenly comes an hour earlier.

The researchers noted that the reverse happens in the morning, when daylight comes earlier. Pedestiran risk plummets, but there are fewer walkers then, too.

The Insurance Institute for Highway Safety (IIHS) has concluded that that extending daylight saving time year round could help prevent pedestrian deaths and injuries. According to their research, adding an hour of light to the afternoon increases the visibility of both vehicles and pedestrians. Researchers estimated that about 900 fatal crashes (727 involving pedestrians and 174 involving vehicle occupants) could have been avoided during 1987-91 if daylight saving time had been in effect throughout the year.

Continue reading " SETTING BACK CLOCKS IS DANGEROUS FOR PEDESTRIANS " »

A new study from Liberty Mutual Insurance and SADD (Students Against Destructive Decisions) reveals that a vast majority of teens (97 percent) feel that street racing is dangerous, listing it above cell phone use, speeding, having more than three passengers in the car, being upset, using a GPS system and changing clothes while driving.

Despite teens' realization that street racing is dangerous, 38% say that they have engaged in street racing.

Under Illinois law, driving privileges may be revoked for any person convicted of street racing and law enforcement may impound the offender’s vehicle for up to five days.

It seems that peer pressure is an effective means for stopping the racing. The research found that 87 percent of teen drivers would refrain from street racing if they were asked to by their passengers. However, only 57 percent of teen passengers said they would ask the driver to stop racing other cars.

Earlier this fall, a group of upperclassmen at a New Mexico high school hazed younger members on the football team by sodomizing them with a broomstick. As if this weren't shocking enough, there are allegations that the team coaches knew about the hazing and did nothing to stop or prevent the situation. As the scandal has unfolded, the head football coach and all five assistants have resigned; the students accused of hazing have been suspended from school through the end of the school year and the "ringleader" has been expelled. Authorities are still considering charges against both the coaching staff and the older team members.

Some people may claim that hazing is a "rite of passage," a "bonding experience" or "necessary" to understand being a part of an organization, but something as outrageous as what happened to these young high school football players goes far beyond what I would ever consider a bonding experience. StopHazing.org, an organization committed to eliminating hazing, points out that many people have misconceptions about hazing and believe hazing to be nothing more than harmless pranks. The fact, however, is that hazing at any age can be extremely harmful. Hazing at the high school level, the group points out, is particuarly dangerous because the developmental stages of adolescence create a situation in which many students are more vulnerable to peer pressure due to the tremendous need for belonging, making friends and finding approval in one's peer group.

According to a recent study, hazing is prevalent among American high school students. In fact, 48% of students who belong to groups reported being subjected to hazing activities. 43% of respondents said they had been subjected to humiliating activities. The study also found that almost every type of high school group had significantly high levels of hazing. Even those groups considered "safe," such as church youth groups, were found to haze their new members.

You should know that Illinois law makes hazing a Class A misdemeanor. Under this law, a person commits hazing when he or she knowingly requires the performance of any any act by a student or other person in a school, college, university, or oher educational institution of this State, for the purpose of induction or admission into any group, organization, or society associated or connected with that institution if the act is not sanctioned by the educational institution and the act results in bodily harm to any person.

Talk with your children and let them know that hazing is not fun and games; it is not tradition and silly pranks; it is abuse of power and violation of human diginity.

Continue reading " HAZING IS NOT FUN AND GAMES, IT IS AGAINST THE LAW " »

Autumn is upon us and the weather is getting chillier in Chicagoland. I have already seen frost on the pumpkin... and on my windshield! It is important to scrape any frost from your car windows before hitting the road. There have already been reports of accidents related to frosty windshields.

In Waukegan, a construction worker was struck by an SUV on Route 45, just outside of Vernon Hills. Lake County Sheriff's Sgt. Christopher Thompson said a flagger was attempting to direct traffic to enable a semi truck to back into the construction site entrance when the worker was struck by a white GMC Yukon XL. The driver of the Yukon XL was charged with failing to reduce speed to avoid an accident, driving with an obstructed windshield and failing to stop for a flagger.

Wells told police at the scene that there was light frost on her windshield, but she felt she could still see. "She did not see the flagger," Thompson said.

Additionally, a Wausau, WI man was struck by a vehicle in a parking lot when he was hit by a car early in the morning....and a frosty windshield may have been to blame. The Wausau Police Department said the car's windshield was clearly obstructed.

It is negligent to operate your motor vehicle without a clear view. Don't take the risk. Take the extra time to protect other motorists and pedestrians and scrape your windows.

Don't forget to set your clocks back, Chicagoland! This weekend we "fall back" and gain that extra hour of sleep! Never mind the fact that it will start getting dark at 4 p.m., that extra hour of sleep for one measly night is totally worth it!

And not only do we get an extra hour of sleep, but a newly published study suggests that "falling back" and getting that "extra" hour may actually prevent heart attacks. Swedish researchers, examining data from 1987 to 2006, compared the heart attack rate in Sweden in the week following daylight saving time to heart attack rates two weeks before and two weeks after the spring and fall events using a comprehensive national health registry. They discovered a 5% increase in heart attacks in the first three workdays after clocks were set ahead in the spring and a similar decrease on the Monday after clocks were set back in the fall. The researchers acknowledge that it is not a huge difference, but significant nevertheless considering nearly 1.5 billion people are affected by daylight saving time. Ultimately, the researchers theorized that small disturbances in sleep patterns may affect the heart and getting that extra hour when we "fall back" may actually produce benefits for your heart.

The National Sleep Foundation recommends the following tips to ensure a successful adjustment to time changes:

* Maintain your regular bedtime Saturday night, when clocks move back, and awaken at your regular time on Sunday morning. This can give you an “extra” hour of sleep the next morning and help reduce your sleep debt.

* Block out light and keep your sleeping area dark. Standard time causes the sun to rise about an hour earlier. This can impact sleep, especially for people accustomed to awakening before or around sunrise. The light itself can disturb sleep, so it is always best to sleep in a darkened room.

* Increase the light when you wake up. Light has an alerting affect that may help you wake up. It will also help adjust your biological clock to the “new” sleep schedule.

* Difficulty adjusting to the time change? Staying awake at night or sleeping until your desired wake-up time may be helped by gradually moving bedtime and awakening later by 15 minutes every one to two days.

Continue reading " DAYLIGHT SAVINGS TIME MAY SAVE YOUR HEART! " »