Chicago Accident and Injury Lawyer Blog

Pontiac Fire Chief John Cummins recently proposed charging accident victims for technical rescue services, such as extractions. The fees, Cummins explained, would help pay for overtime costs associated with calling a second fire department vehicle to the scene. Cummins suggested charging a $300 per hour flat fee, which could be charged to a person's car insurance. Cummins pointed out that $300 is only half of the $600 maximum fee set by Illinois state law.

Cummins was previously fire chief in Stone Park which charged a $250 fee. The fire department was able to collect this fee in 98% of cases.

The Pontiac City Council voted to approve writing a draft of the proposal. Several details still need to be worked out, but early reactions to the proposal were positive, with at least one alderman noting that this practice would shift costs from the government to the individual or the insurer.

A review of US Department of Transportion (US DOT) statistics shows that an average motorist could drive a billion miles (or the distance from Earth to Jupiter and back) before being involved in a car accident that resulted from a motorist making a rolling stop on a right-hand turn. Nevertheless, municipalities such as Schaumburg, have used red light cameras to generate more than $1 million from right-on-red tickets. Of the 10,000 photo tickets issued since November, only about 200 involved the straight-through type of violation used to justify the devices.

A "violation" occurs when a motorist passes the stop bar painted on the pavement at any speed greater than 2 miles per hour. Because of the design of the monitored intersections, however, motorists often must pull into the crosswalk past the stop bar to see cross traffic before initiating a turn. This means that drivers can be mailed a ticket even if they fully stop before turning.

Supporters of red light cameras insist that the cameras prevent common and deadly t-bone collisions at intersections, but the statistics indicate otherwise. According to a 2001 National Highway Transportation Safety Administration report, 6.33 million crashes occurred in 1998, 1.72 million of which involved one vehicle cutting into the path of another. Of this amount, only 99,000 were classified as "right-turn into path" crashes, the least common type. The number of right-turn accidents was only 20,000 when narrowed to collisions occurring at intersections with traffic lights. And of these, only 2,378 were caused by the violation of the traffic signal.

There is no question that red light cameras serve an important purpose when it comes to encouraging drivers to stop for red lights, but it appears as though municipalities may be taking advantage of these devices for their own revenue generating purposes. Keep this in mind the next time you go to make a right turn on red.

Continue reading " STUDY SHOWS THAT RIGHT TURN ON RED CRASHES ARE RARE " »

The personal injury law firm, The Law Offices of Jeffrey J. Kroll, has settled a wrongful death lawsuit brought by the widow of a man who was killed in the tragic "Toys for Tots" incident that occurred at the intersection of Cornelia and Western in Chicago on December 5, 2004. The decedent, Frank Griseto, a DuPage County sheriff's deputy, was riding his Harley Davidson motorcycle in the charity event when he was struck by a car.

"Toys for Tots" is an annual event involving motorcycle riders that parade from Western Avenue from Dan Ryan Woods to the 4th Marine Corps Division at Foster & Troy carrying presents to donate for needy children at Christmastime. Sadly, Mr. Griseto was killed while involved in this charitable event.

A DuPage County judge recently approved the wrongful death settlement.

Continue reading " $1.47 MILLION WRONGFUL DEATH SETTLEMENT IN 'TOYS FOR TOTS' TRAGEDY " »

A recent study suggests that hands-free cell phone devices are just as dangerous on the road as their handheld counterparts. According to experts, engaging in a conversation on a mobile device while driving distracts the brain and delays reaction times. Drivers are more likely to swerve between lanes, slow down and miss important signs when carrying on a conversation with a mobile device.

The National Safety Council (NSC) urged legislators in all fifty states to pass laws prohibiting drivers from using cell phone devices. Currently, six states and the District of Columbia ban handheld cell phones by drivers. Janet Froetscher, president of the NSC points out that, "When you're on a call, even if both hands are on the wheel, your head is in the call."

A recent study conducted by the University of Utah found that drivers engaging in a cell phone conversation on a headset were more likely to make errors behind the wheel than a driver talking to a front-seat passenger. The study concluded that conversations with a front-seat passenger can actually mitigate accidents because the passenger can help observe road conditions and warn the driver of possible hazards.

Previous studies have concluded that talking on a cell phone while driving is as bad as driving drunk. The risk of getting into a car accident while talking on a wireless device is growing as the number of cell phone subscribers increases. There are 270 million cell phone subscribers in the United Sates, up from 76 million in 1999. In a survey by Nationwide Insurance, 80% of people admitted to talking on their cell phones while driving. About 45% acknowledged having been hit or nearly hit by someone using a cell phone while driving.

Legislation alone won't fix this problem. People must be aware that talking on a cell phone, whether handheld or hands-free, is a dangerous and risky habit. Save your phone calls until after the car ride.

Continue reading " TALKING ON A HANDS-FREE CELL PHONE IS STILL DANGEROUS " »

A Cook County jury awarded a verdict for $1,310,624.40 to clients from the Law Offices of Jeffrey J. Kroll. The trial involved a bond trader who was walking through Ogilvie Train station in Chicago and slipped and fell on water. No warning signs were displayed to indicate that the water was present. The plaintiff shattered his knee cap when he fell, which required extensive surgeries and physical therapy to rehabilitate. The roof on the premises had a history of leaking water when there was precipitation outside for at least seventeen years.

The jury apportioned the majority of fault to the leasing agent, MB Real Estate Services LLC (MB), who had knowledge of the leaks. Testimony showed that MB did not want to use certain methods of protecting its invitees from the leaking water, such as not placing out garbage cans to collect the water.

Also found to be at fault was the company providing janitorial services to the building, ABM Lakeside, for their failure to clean up the leaking water.

There was no offer of settlement made by either defendant.

The trial was presided over by Judge Carol Pearce McCarthy.

Continue reading " JEFFREY J. KROLL RECEIVES $1.3M VERDICT " »

Last night, one of the engines went out on an American Airlines flight on its way to Chicago from John Wayne Airport in California's Orange County. News reports indicate that none of the 149 passengers and crew of six on board were injured.

American Airlines spokesman Billy Sanez said the engine on Flight 1236 died just minutes after takeoff at 3:21 p.m. The aircraft, which is a 757, was diverted to Los Angeles International Airport, where it landed safely about 10 minutes later.

An eastbound Amtrak train struck and killed a 14-year-old Chicago boy last night around 7 p.m. in Lansing, Illinois, according to news reports and police.

The incident occurred at the Canadian National Railway tracks at 182nd and Locust Streets. The victim was identified as Christopher Davis of the 6700 block of South May Street, according to the Cook County medical examiner's office.

Continue reading " YOUNG MAN STRUCK BY AMTRAK TRAIN " »

The Insurance Institute for Highway Safety conducted tests recently and concluded that the 2009 versions of the Chevrolet Silverado 1500, Dodge Ram 1500 and Nissan Titan do no provide good protection in side car crashes. The Dodge Ram, equipped with standard side air bags, earned the second-lowest score of "marginal." The Titan and Silverado received the lowest mark of "poor" when tested without optional side air bags. When tested with optional safety equipment, the Titan improved to "marginal" while the Silverado continued to receive a poor rating.

According to the vice-president of IIHS, David Zuby, these pick up trucks perform worse than many vehicles the Institute has evaluated. Passengers in cars are typically more vulnerable in a side crash because their bodies are in line with the fronts of vehicles, but even with the higher seating positions in trucks, these three pickups missed the mark.

The Silverdo's low marks are attributed to a combination of poor side structure and a lack of side air bags. GM retorted by pointing out that the Silverado and Sierra received top scores in the government's front and side-impact tests.

All three manufacturers noted that they pay attention to test results such as this as a part of their effort to continuously improve the overall performance of their vehicles.

Continental Connection Flight 3407 crashed around 10:40 p.m. Thursday night into a home in Clarence Center, N.Y., about five miles from Buffalo Niagara International Airport. Fatalities include all 48 people onboard and one person inside the house.

The 74-seat Q400 Bombardier aircraft, operated by Colgan Air, was flying from Newark Liberty International Airport in New Jersey and preparing to land at Buffalo Niagara International Airport.

The recordings from air traffic control reveal no apparent distress from aboard the aircraft. One pilot is heard communicating with air traffic control and is asked to flight at 2,300 feet. A minute later, the controller receives no response from anyone in the aircraft.

After the crash, at least two pilots in the area are heard saying they have been picking up ice on their wings.

Continental's press release said relatives and friends of those on Flight 3407 who wanted to give or receive information about those on board could telephone a special family assistance number, 1-800-621-3263.

A Department of Justice special court will hand down rulings today in cases asking whether certain vaccines cause autism in children.

Parents in three test cases which were heard in 2007 alleged that exposure to thimerosal, a mercury-containing preservative which is found in some some vaccines, combined with the MMR (measels, mumps, rubella) vaccine caused autism in their children. The government defended by aruging that the parents' claims were not supported by "good science." Presently, the Center for Disease Control (CDC), the World Health Organization (WHO) and the Institute of Medicine have found no credible link between vaccinations and autism.

Today's ruling will affect only families that claim MMR vaccines and thimerosal-containing vaccines can combine to cause autism. Families who have claimed that thimerosal-containing vaccines alone or that MMR vaccines alone can cause autism will be unaffected by today's decision.

Since 2001, thousands of parents with autistic children have filed petitions seeking compensation with Vaccine Injury Compensation Program at the Department of Health and Human Services. By mid-2008, more than 5,300 cases were filed in the program, 5,000 of which await adjudication.

The University of Chicago (U of C) is in the midst of a major restructuring that includes a plan for changing how it admits emergency room patients. Along with 450 layoffs, the emergency room may decline to accept every illness and injury under its new Urban Health Initiative plan The decision involves a new version of patient triage, essentially weeding out the individuals who could be treated elsewhere.

Costs are the driving force behind the change. According to the medical center, 40% of the 80,000 patients who go to its emergency room every year do not need to be there. The medical center says that these patients could be treated at community hospitals (whose costs are 30 to 40 percent lower than the U of C). These visits cost the hospital tens of millions of dollars a year. Additionally, the hospital has seen a rising number of uninsured patients and those covered by Medicaid.

I see the value in a plan for individuals to seek treatment at a facility that is appropriate for the level of their injury. Obviously, not every cut calls for emergency room treatment. However, the concern is that patients may not get the care that they need. It is concerning to think that people will be turned away. "This is tricky," said Jim Unland, president of The Health Capital Group, a consulting firm based in Chicago. "If patients really need to be in an ER and the U of C is turning them away, I have a problem with that."

Continue reading " UNIVERSITY OF CHICAGO BUDGET CUTS: IS TURNING AWAY PATIENTS FROM THE ER DOING NO HARM? " »

Three people including a 9-year old boy were killed and an 11-year old girl was injured in southern Illinois last week in a head-on collision caused by a drunk driver who previously served five years in jail for drunk driving convictions. The driver had a blood alcohol level of 0.29...more than three times the 0.8 limit and was driving on a revoked license. He was still serving supervised release from his previous conviction.

The drunk driver was driving northbound in the southbound lanes of Illinois Route 255 for 8 minutes before slamming into the vehicle carrying four passengers.

The driver, Newton M. Keene, has been charged with 3 counts of reckless homicide; 3 counts of aggravated driving with a blood alcohol level of .08 or more which results in death; 3 counts of aggravated driving under the influence of alcohol which results in a death; 1 count of aggravated driving with a blood alcohol level of .08 or more causing great bodily harm; 1 count of aggravated driving under the influence of alcohol causing great bodily harm; 1 count of aggravated reckless driving; and 2 counts of aggravated driving while under the influence.

According to Mothers Against Drunk Driving (MADD), every year, nearly 13,000 people are killed by drunk drivers with an illegal alcohol level of .08 BAC or above. That means that every month more than 1,000 families must live with the tragic consequences of drunk driving. For more information on the MADD campaign to eliminate drunk driving, please click here.

My deepest condolences to the families of the victims. This is a tragedy of an unspeakable nature and it is my hope that the man responsible for this is held accountable for his actions.

Continue reading " DRIVER THAT KILLED 3 IN HEAD-ON COLLISION CHARGED WITH 14 COUNTS " »

Automobile fatalities declined in 40 states in 2008, according to a survey of state highway safety agencies. This is seen as an early sign that traffic deaths in the U.S could dip to their lowest levels in forty years. The Governors Highway Safety Association (GHSA), which represents state highway safety departments, reported that vehicle deaths dropped in 40 states and the District of Columbia out of 44 states surveyed. The average decline was a whopping 10.7%; Illinois' highway fatality rate fell by 16%. A number of states, including Alaska, Hawaii, Massachusetts, Virginia and Wisconsin, all saw declines of 20% or more.

Barbara Harsha, the executive director of GHSA, attributes the decline in fatalities to seat belt use, which reached a record high of 83% in 2008. She also points to an increased enforcement of traffic laws. Another factor contributing to the decline in fatalities was drivers reducing their speed in an effort to boost fuel efficiency.

It is my hope that fatalities continue to decrease. Most accidents are preventable. It is up to each of us to exercise caution, be alert and wear our seat belts.

Continue reading " AUTOMOBILE FATALITIES DOWN IN 2008 " »

Government advisers are recommending a ban on Darvon, a painkiller that has been on the market for fifty years. A Food and Drug Administration (FDA) advisory panel voted 14-12 last Friday to recommend withdrawing Darvon after a hearing on its risks and benefits.

Darvon, which is mainly marketed as Darvocet, is one of the top 25 most commonly prescribed medications in the United States. The drug was first approved in 1957 when there were few alternatives for pain except aspirin and powerful narcotics.

At least one consumer group, Public Citizen, has petitioned the FDA to ban Darvon because the drug offers weak pain relief and poses an overdose risk, with the potential to be used in suicides.

Drivers caught talking on their cell phones without a hands-free device or texting while driving will face sharply higher fines under a crackdown advanced today amid demands for stepped-up enforcement.

The Chicago City Council's Traffic Committee raised the penalty for driving while talking on a cell phone without a hands-free device from $75 to $100. Motorists whose cell phone conversations cause an accident will be fined $500, up from $200.

A 2005 city ordinance made Chicago the largest city in the United States to prohibit motorists from using cell phones without a hands-free device. Unfortunately, that ordinance has been widely-ignored...by both motorists and law enforcement officers. From July 2005 through April 2008, Chicago police issued 40,303 tickets for violating the cell phone ban. The monthly high occurred in October 2007 when 2,012 tickets were issued. The average number of monthly citations is 700, a far cry from the number of actual violators. As one City Council member noted, "When you drive down the street, every other person is on a cell phone." The City Council acknowledges that raising fines will do no good if police fail to enforce the ordinance, but are hopeful that the fine increase will get people's attention.

The City Council suggested two other changes, as well. One alderman recommended stiffer penalties for texting and surfing, while another championed higher fines for younger drivers.

This is a step in the right direction, but it is imperative that our police officers actively enforce the law...and that all of us drivers put our phones away while on the road.

According to a new study published in the New England Journal of Medicine, when surgical teams performed a simple checklist prior to surgery, patient morality rates were cut nearly in half and complications fell by more than a third.

The study involved 7,688 patients in 8 hospitals around the globe and reported that death rates declined from 1.5% before the checklist was instituted to 0.8% afterwards. Serious complications fell from 11% to 7%.

The checklist was comprised of nineteen tasks to be performed throughout the surgery - seven before anesthetizing the patient, seven just before the first incision, and five before the patient leaves the operating room. Basic safety tasks, such as whether enough blood was available in case of bleeding, made up another six items on the checklist.

Doctors disagree on what the results of this study mean. Some are skeptical and characterize the behavioral change as "trivial," while others think that the net effect makes for more effective teamwork which can help save lives. Whether the changes can be sustained over time, however, is another question. A phenomenon known as the "Hawthorne effect" may be largely responsible for the checklist's success. The Hawthorne effect was named for a series of experiments designed to determine how to increase productivity in a factory in Chicago. All of the tactics implemented improved worker output during the experiment, but researchers realized that the effect they were really measuring was a boost in motivation among workers who knew they were being watched. With this most recent surgery checklist, however, researchers checked whether teams behaved differently when the researchers were present and when they were not and luckily found no difference.

As a result of the study findings, the U.K's national Health Service sent out an alert to all of its hospitals, calling on them to implement the surgical checklist. Five U.S. states (New York, Washington, North Carolina, South Carolina and Indiana) have endorsed it and plan to require hospitals to use it. We will hopefully see Illinois follow suit in the near future.

A 10-year old boy died after he was found hanging from a hook in a bathroom at his school in the Evanston/Skokie School District. School officials have not given his mother an explanation for what they have described as an accident.

The fifth grade student was found unresponsive and hanging from a hook in a bathroom at about 3 p.m. on Tuesday. He died Wednesday morning at Children's Memorial Hospital in Chicago. Police and school officials have provided little information, but autopsy results were expected this afternoon.

My deepest condolences go out to the family and friends of this young boy. This is a devastating tragedy. As one school board member noted, "No one anticipates the death of their child when they send their kid to school." This horrific accident likely could have been prevented and it is my hope that nothing like this will ever happen again in the future.

Continue reading " ILLINOIS BOY DIES AFTER BEING FOUND HANGING IN SCHOOL BATHROOM " »

When we think of someone getting injured in or around a car, we usually assume it is while the car was out on the road. That is not always the case. The National Highway Transportation Safety Administration (NHTSA) has collected details regarding nontraffic crashes nationwide in its Not-in-Traffic Surveillance System. The data shows:

- An annual total of 1,747 fatalities and 841,000 injuries are due to nontraffic crashes and noncrash incidents.

- Nearly 150,000 people a year are injured by a closing car door.

- Nearly 10,000 people a year are seriously injured when using a jack or another type of hoist.

- 74,000 people a year are injured by a falling vehicle or vehicle part.

- 743,000 injuries happened from noncrash incidents such as hyperthermia and electrocution.

- 88,000 injuries annually are due to overexertion (loading and unloading cargo or pushing a disabled vehicle).

- One-third of the nontraffic crash injuries involved pedestrians and cyclists.

- 14% of the injuries involved accidentally backing over someone.

Continue reading " INJURIES FREQUENTLY OCCUR WHEN CAR IS NOT IN TRAFFIC " »

Today, the National Transportation Safety Board (NTSB) begins a public hearing on the safety of helicopter emergency medical service (EMS) operations. The hearing, which is scheduled for 2/3/09 through 2/6/09 will be telecast on the NTSB's website.

There have been a number of fatalities related to EMS helicopter crashes in recent years. The goal of the upcoming hearing is for the Safety Board to learn more about helicopter EMS operations so that it can better evaluate the factors that lead to accidents.

Continue reading " PUBLIC HEARING ON MEDICAL HELICOPTER SAFETY " »

Staffers on reality shows like "The Bachelor," "Trading Spouses," and "The Real Gilligan's Island" filed two separate class actions in 2005 alleging unlawful working conditions. These cases recently settled for more than $4 million.

For years, reality show staffers, including story editors and segment producers, have complained that production companies overwork them to keep costs low and that they are the people who create the plot and narrative of the shows. The suits alleged that Fox, ABC, CBS and various production entities told them to forge time cards and work 18-hour days with few meal breaks.

The Writers Guild of America (WGA) initially helped to organize those who filed the lawsuit as part of its campaign to get reality story editors recognized as wirters, an effort that has not succeeded despite being a major issue last year during the WGA strike.

If a judge approves the settlement, about 400 class plaintiffs will split the settlement purse based on how many hours they worked, with about 20 named plaintiffs receiving an additional $8,250 each.

While the television studios and production companies view the lawsuit as "an example of a union using the wage-and-hours laws to impose costs on employers in order to gain organizational objectives," I think this settlement will encourage employers to follow the law and to treat workers properly...and that is a good thing for everyone.

Six people, four of whom were members of the American Polish Aero Club, were killed when a two-engine Piper PA plane crashed on Friday in Kenova, West Virginia.

Investigators from the National Transportation Safety Board (NTSB) were gathering evidence to try to determine why the plane crashed.

My sincere condolences go out to the families of those who died in the crash. As a director of the Polish American Association, I know what an impact that this has had on Chicago's Polish community.

The Consumer Product Safety Commission (CPSC) and Mad Dog concepts have voluntarily recalled Tony Hawk Boys' pajama sets. The pajamas, which failed to meet federal flammability standards, poses a risk of burn injuries to children. The pajamas were sold at Kohl's Department stores from September to October 2008.

The recall involves four skateboard-themed sets named "Boards Estate" (item #TH005LSB), "Heathen Skull" (item #TH006BSB), "Backspray" (item #TH007GSB) and "Stix Jester" (item #TH008RSB). The name of the product and item number are sewn in the neck and pant.

Consumers should stop using the recalled pajamas immediately and contact Mad Dog Concepts toll-free at (888) 623-3640 between 8:30 a.m. and 5 p.m. ET Monday through Friday for instructions on obtaining a full refund.

On January 19, 2009, a new regulation went into effect regarding the number of hours that a professional truck driver can work and drive. I agree with the position of the four organizations (Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition and the International Brotherhood of Teamsters) who had fought against this regulation. Their petition asked the Federal Motor Carrier Safety Administration (FMCSA) to reconsider the regulation based on findings demonstrating that much longer working and driving hours will inevitably produce severely fatigued drivers who can suffer serious health problems from excessively long working hours. Certainly, fatigued drivers are also a huge danger to other vehicles on the road as well.

Despite their fight and two court decisions against the hours of service regulation, the FMCSA re-issued essentially the same rule.

The regulation allows truckers to drive up to 11 hours in a single shift, while driving 88 hours or working 98 hours over eight consecutive days.

This regulation went into effect before the Obama Administration went into office and was not one of the regulations stayed by the Administration.

Continue reading " TRUCK DRIVERS' WORKING HOURS INCREASED " »

The U.S Department of Justice announced a new on-line database that is designed to "help protect states and consumers from automobile fraud and to provide law enforcement with new tools to investigate fraud, theft, and other crimes involving vehicles."

The National Motor Vehicle Title Information System (NMVTIS) allows state motor vehicle administrators to verify and exchange titling and brand data and provides law enforcement officials, consumers and others with critical information regarding vehicle histories. Consumers now have access to the vehicle's brand history, odometer data and basic vehicle information and can be redirected to the current state of record to access the full title record if available. Law enforcement can track the vehicle's status from state to state by accessing the system directly.

The cost to car buyers accessing the database will be about $2.50 per vehicle.

Although 73% of the U.S.'s vehicle population is in the database, not all states are fully participating. Unfortunately, Illinois is not currently participating in the database at all. Thirteen states are providing are data and inquiring into vehicle status before issuing new titles. Fourteen states are providing data, but not making inquiries (three of which are not allowing consumers access). Ten states are in the development process and fourteen are not participating.

This database is a valuable tool for consumers to protect them from odometer and theft fraud.

Continue reading " ON-LINE DATABASE DESIGNED TO PREVENT FRAUD " »