Chicago Accident and Injury Lawyer Blog

A 25-year old man was killed Saturday morning after being struck by a tractor-trailer hauling anhydrous ammonia. The truck was traveling northbound on US 67 early Saturday morning and was negotiating a set of curves when it struck the young man, who was standing in the roadway. The man, a resident of Jerseyville, was pronouced deat at 5:50 a.m. and had passed away before paramedics could administer medical treatment.

The tractor-trailer was severely damaged and had to be towed from the scene. The death is still under investigation by the Greene County Coroner's Office, the Illinois State Police and the Greene County Sheriff's Office.

A tragic car accident on January 14, 2006 left Aaron Bachman, 21, and D.J. Bachman, 15, dead. The two were killed when their vehicle was struck by a Winnebago Sheriff's Deputy responding to a domestic disturbance call. The deputy, Joseph Boomer, was traveling more than 100 miles per hour at the time and had neither his emergency lights nor his sirens on when the crash occurred.

In response to this horrific tragedy, State Representative Ron Wait (R-Belvidere) has sponsored a new bill known as "Bachman's Law," which will require police officers to activate both their lights and sirens whenever they go faster than the speed limit on their way to a call. Current state law does not require officers to do so. Rep. Wait calls the bill "common sense legislation" that will protect citizens and law enforcement officers alike.

The Illinois House passed the bill on March 25, 2009 after receiving overwhelming support. Rep. Wait is confident it will pass the Senate and become law.

The Illinois General Assembly is considering legislation which would permit county or city governments in Cook, DuPage, Lake, McHenry, Kendall, Will in the Chicagoland area and Madison and St. Clair counties in metro St. Louis to install camera-radar mechanisms on heavily-trafficked and accident-prone streets. Motorists exceeding the speed limit and caught on camera would get a $100 ticket in the mail. The infraction would not count against the number of moving violations necessary to suspend a driver's license.

Rep. Joseph Lyons, D-Chicago, co-sponsoring the proposal with Sen. Terry Link, D-Waukegan, proposed the bill because "people are driving just too darned fast." Lyons and Link pointed to federal statistics showing that in Illinois in 2007 there were 520 speed-related deaths. They also cited statistics that suggest that cameras have reduced accidents in El Paso, Texas by 80%; annual crashes in Dayton, Ohio by 37%; and that cameras monitoring red-light runners in Chicago since 2003 have reduced that problem by 55%.

Critics of the legislation allege that it's an effort by municipalites to pad their treasuries. Link countered that lives will be saved as a result and also noted that if you're not speeding, you've got nothing to worry about.

I think this is great legislation. Speed is a primary factor in the majority of fatal car accidents. This is one more incentive to encourage drivers to slow down and drive more safely.

There is legislation pending in the State Senate which would authorize cities within Cook County, the collar counties, and two counties near St. Louis to erect cameras to ticket drivers who are speeding. The legislation would take effect early in 2010. There are currently nine (9) states that use of speeding cameras, including Iowa. This legislation must still pass the Senate and House and be signed into law by Governor Quinn before taking effect. There are many law enforcement, municipalities and safety groups favoring the plan.

How can this legislation impact a motor vehicle accident and associated litigation?

Often, an intersection collision will boil down to the issue of who had the green light. A contested red light case could be difficult and problematic when it comes down to a “he said/she said” case and there are no independent witnesses. However, if you have photographic proof that the opposing party ran a red light, this potentially difficult liability case could turn into a “slam dunk” liability case.

Similarly, speed is often an issue in a motor vehicle collision. Speed is often an issue when a truck is involved in a collision. Having proof of a defendant’s speed on video could be all that is required to successfully obtain a favorable result for an individual injured in a motor vehicle collision.
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Continue reading " ILLINOIS DRIVERS MAY SEE AN INCREASE IN CAMERA USAGE ON THE ROADWAYS " »

A four-year old boy died yesterday morning after being found in the pool of the Omni 41 Health Center in the northwestern city of Schererville, Indiana on Tuesday. The child was attending a supervised camp called "Spring Break Escape."

Camp officials are presently reviewing the incident and the camp's policies.

The American Academy of Pediatrics (AAP) recommends the following tips to help prevent drowning:
* Never leave your children alone in or near the pool, even for a moment. An adult who knows CPR should actively supervise children at all times.
* Practice touch supervision with children younger than 5 years. This means that the adult is within an arm's length of the child at all times.
* You must put up a fence to separate your house from the pool. Most young children who drown in pools wander out of the house and fall into the pool. Install a fence at least 4 feet high around all 4 sides of the pool. This fence will completely separate the pool from the house and play area of the yard. Use gates that self-close and self-latch, with latches higher than your children's reach.
* Keep rescue equipment (such as a shepherd's hook or life preserver) and a telephone by the pool.
* Do not use air-filled "swimming aids" as a substitute for approved life vests.
* Remove all toys from the pool after use so children aren't tempted to reach for them.
* After the children are done swimming, secure the pool so they can't get back into it.
* A power safety cover that meets the standards of the American Society for Testing and Materials (ASTM) may add to the protection of your children but should not be used in place of the fence between your house and the pool. Even fencing around your pool and using a power safety cover will not prevent all drownings.

Remember, teaching your child how to swim DOES NOT mean your child is safe in water.

The Chicago Suntimes is reporting that six people were injured, four critically, after a van collided with an SUV on the northbound lanes of the Dan Ryan Expressway (I-94) at 71st Street at 3:05 a.m. on Sunday.

Reportedly, the SUV collided with a van, which rolled over in the course of the crash, according to Fire Media Affairs Director Larry Langford, who said an EMS Plan 1 was called and six ambulances were sent to the scene.

Four people were critically injured in the crash. Two men, ages 51 and 54, were taken to John H. Stroger Jr. Hospital of Cook County. Two women, both 53, were taken to Northwestern Memorial Hospital, according to Langford.

Two other people were taken to St. Bernard Hospital in “stable” condition, including a 23-year-old man and a 22-year-old woman, Langford said.

Both sides of the expressway were initially shut down as emergency crews responded to the crash, according to Langford, who said the EMS Plan 1 response was secured at 3:35 a.m.

Continue reading " FOUR INJURED CRITICALLY IN DAN RYAN ACCIDENT " »

The National Sleep Foundation’s recent poll estimates that Americans get an average of about 6.7 hours of sleep on a week night. The hours of sleep received per night have gradually decreased over the past decade. For example, in 1998, only twelve percent of Americans slept less than 6 hours. Now, 20 percent sleep less than six hours.

With more people being stressed about the economy, sleep deprivation is common place. It is well known that sleep deprivation can be greatly influenced by stress. Unfortunately, there are effects of sleep deprivation that could be fatal to the general public. A recent study by the National Sleep Foundation found that sixty percent of adult drivers admit driving while sleepy in the past year. According to the National Highway Transportation Safety Administration (NHTSA), sleepy drivers account for approximately one hundred thousand car accidents a year in the United States.

Of more concern is the rise in the number of commercial vehicle accidents caused by a professional driver’s inattentiveness or fatigue. Federal Regulations prohibit a truck driver from driving a commercial vehicle while the driver’s ability or alertness is impaired by fatigue or any other factor which would make it unsafe for the driver to operate the commercial vehicle (49 C.F.R. Section 392.3). There are regulations which prescribe a maximum number of hours that a driver can be on duty during any day or week and require a driver to maintain a daily log of work status (49 C.F.R. Section 395 et. seq.).

Continue reading " DROWSY DRIVING IS A DANGER ON THE ROAD " »

As a plaintiff’s personal injury law firm, the Law Offices of Jeffrey J. Kroll deals with expert witnesses on an almost daily basis. Jeffrey J. Kroll has lectured to expert witness organizations on a number of occasions and the most common question asked of him is “what are you looking for in an expert witness?” What I want from an effective expert witness is simple - yet, difficult to find. Although Christopher Columbus sailed the Seven Seas, we set sail for different “C’s” in our search for an expert witness. What we seek in an expert witness is the following:

1. Credible - Another way of gauging an expert’s credibility is assessing his or her believability. Is this expert believable? If the expert has published something which is inconsistent with the opinions in your case, that could impact his or her credibility. It often takes years to build credibility as an expert witness and only one case to destroy it. Experts should be careful in getting involved in the wrong cases.

2. Competent - We often utilize teachers as experts. When an expert stays within their area of expertise, they often are very effective. Many experts get in trouble when they venture outside of their “sandbox,” their comfort zone. You need to find out the expert’s true area of expertise.

3. Convincing - I want an expert that is persuasive. An expert witness needs to recognize any nervous habits and figure out/discuss how to avoid them during their testimony. When the jury goes back to deliberate, I do not want them talking about how my expert fidgeted with a pen or looked at the ceiling before every answer. Convincing encompasses every part of examination, not just direct.

4. Confident - There is a fine line between confidence and cockiness. Jurors appreciate confidence. They do not like cockiness. An expert should attempt to maintain the same disposition on direct examination and cross examination.

5. Caring - When an expert appears that he or she is attempting to “right a wrong,” the system works. A jurors will see through the expert that is involved in the case solely for financial gain.

6. Creative - I like when an expert is able to assist me with developing a theme for the case. I like when an expert chooses exhibits that effectively gets across our case theme with the jury. An expert is an intrical part of the trial team and should be used to maximize their own effectiveness.

7. Communicate - Jurors are searching for their guide. They are searching for the teacher. I need an expert to persuasively communicate our theme, our message, to a jury.

If you think about it, the qualities that make someone a good dinner companion (personable, open, entertaining, engaging, fascinating) also makes a good expert witness. As a lawyer, I know that if a jury follows my experts in the battle of experts, it is because I won the battles of “C’s”.

The Chicago Sun-times recently reported that jurors are sending Twitter messages from courthouses across the country about their service. Experts said Tuesday that most messages posted to the social networking site are innocuous, perhaps expressing boredom.

But at least a few jurors have gone online to discuss cases they are helping decide.

In Philadelphia this week, a juror in a high-profile public corruption case told Facebook friends to “Stay tuned for a big announcement on Monday” — forecasting that a verdict was near.

Jurors are instructed by the judge presiding over their case that they are not to discuss the cases with anyone until they are dismissed upon the conclusion of the case. They are to judge the evidence in the case without outside influences. I support updating jury instructions to clarify that online communications about a case, via email, Facebook, Twitter, or otherwise are prohibited.

President Obama is nominating Indiana judge, David F. Hamilton, for an opening on the federal appeals court in Chicago. Hamilton is currently a federal district judge in Indianapolis. He previously served as counsel to U.S. Sen. Evan Bayh (D-Ind.) when Bayh was governor of Indiana.

The 7th U.S. Circuit Court of Appeals is the federal appellate court based in Chicago that covers Illinois, Indiana and Wisconsin.

On March 12, 2009, a Danville County judge approved what is believed to be the largest wrongful death settlement of a woman in a motor vehicle accident involving a truck in Vermilion County history. The woman’s family was represented by the Law Offices of Jeffrey J. Kroll. Debra Cunningham, a 49-year-old woman was killed on the evening of August 25, 2004, when her vehicle was struck by a semi-tractor trailer driven an employee of Dayton Freight Lines, a national trucking company. Mrs. Cunningham was operating her vehicle in a westbound direction on Lake Shore Avenue. The tractor/trailer was headed in a northbound direction on Vermilion Street. The collision occurred in downtown Danville, Illinois.

A severe thunderstorm had knocked the power out to that area, including the intersection’s traffic control devices. The City of Danville, a defendant in the lawsuit, had erected a non-reflective temporary stop sign in the middle of the intersection. The Law Offices of Jeffrey J. Kroll contended that the stop sign was not only placed in the wrong direction but was not reflective. The driver of the truck, familiar with the intersection, did not stop and continued through the intersection and slammed into Mrs. Cunningham’s vehicle.

The Cunninghams had been married for 22 years. Debra Cunningham was survived by her husband and five adult children. She worked for Blue Cross/Blue Shield for almost 20 years. She was actively involved with the community and her church and spent her free time with her children and grandchildren.

Many commercial vehicle accidents are caused by a driver’s attentiveness. Similarly, many trucking collisions are caused by a driver’s fatigue resulting in the operation of a vehicle for an excessive amount of time. In this particular case, we sought to prove that the driver’s attentiveness in traveling through an intersection that he had been through before was the cause of the accident. Federal regulations prohibited the trucking company from allowing a driver to operate a commercial vehicle while the driver’s ability or alertness is impaired by fatigue, illness or any other cause which make it unsafe for the driver to operate the commercial vehicle. 49 CFR Section 392.3

Continue reading " WRONGFUL DEATH INVOLVING COMMERCIAL TRUCK NETS RECORD SETTLEMENT " »

A former part-time employee of the Illinois Center for Rehabilitation and Education, a state-run home for the disabled, was charged with raping a 22-year old woman with the mental capacity of a young child. The assult occurred in 2006, but police only learned of it recently while investigating another alleged rape committed by the same suspect at the same facility.

According to Marielle Sainvilus of the Illinois Department of Human Services, the incident was never reported to police because the victim and her guardian didn't want to press charges. It is not clear if the home was legally required to report the rape to police, but Cara Smith, deputy chief of staff for Illinois Attorney General Lisa Madigan, believes the officials should have done so out of "common sense." I agree with Ms. Smith. By not reporting this heinous crime to police, the Illinois Center for Rehabilitation and Education failed the victim and all of its residents.

The Illinois Center for Rehabilitation and Education failed all of us when it failed to report this monster to the proper authorities. All residents were victimized when the home decided to not take action against a man who clearly has no regard for human life and human dignity. Families should be able to trust the people with whom they place their loved ones. And such facilities should be held accountable when their employees fail to care for their residents as they should.

The Campaign for Safe Cosmetics commissioned an independent laboratory to test 48 top-selling children's bath products, including shampoos, bubble baths and baby lotions, for 1,4-dioxane, a cancer-causing agent. Twenty-eight of these products were also tested for formaldehyde, which is also a carcinogen and can also cause skin rashes. Unlike many other countries, the federal government does not limit formaldehyde, 1,4-dioxane or most other hazardous substances in personal care products.

Campaign for Safe Cosmetics, in conjunction with Environmental Working Group (EWG) now reports that 17 of the 28 products tested contained both formaldeyhe and 1,4 dioxane; 23 of the 28 products contained formaldehyde at levels ranging from 54 to 610 parts per million (ppm); and 32 of 48 products contained 1,4-dioxane at levels ranging from 0.27 to 35 ppm.

Strikingly, the chemicals are not disclosed on product lables because they are contaminants, not ingredients, and are therefore exempt from labeling laws. Formaldehyde contaminates personal care products when common preservatives release fomaldehyde over time in the container. 1,4-dioxane is a byproduct of ethoxylation, a chemical processing technique in which cosmetic ingredients are processed with ethylene oxide. The report notes that manufacturers can easily remove the toxic byproduct, but are not requried by law to do so.

Keep these tips in mind when shopping for your family:
* Select products with fewer ingredients and no synthetic fragrances or dyes and use fewer products overall.
* Select products that don't contain PEG-100 stearate, sodium laureth sulfate, polyethylene and ceteareth-20, which are likely to be contaminated with 1,4-dioxane.
* Select products that don't contain quaternium-15, DMDM hydantoin, imidazolidinyl urea and diazolidinyl urea, which may release formaldehyde.
* Check out this parent's buying guide for more information.

Since 2004 the Illinois Department of Transportation, along with the Illinois State Police and local police departments, have honored Illionis residents who have been involved in serious crashes and survived because they wore their seat belt. Just yesterday, twenty awards were given out to safety belt-wearing survivors of traffic accidents in Naperville. The program, coined "Saved by the Belt," is a program that raises traffic accident awareness and award victims of traffic accidents who were wearing their seat belts at the time of their collision.

Nationally, about 81% of the public wears seat belts. In Illinois, the average is much higher, with roughly 90.5% of the people using their seat belts. This high percentage translates into hundreds of lives saved each year. In fact, former I-DOT Secretary Tim Martin commented in 2004, when the program began, that people are 50% more likely to survive a serious crash by doing something as simple as buckling up.

While I-DOT recognizes that Illinois has an admirable percentage when it comes to seat belt use, it also acknowledges that there is still work to be done, particularly in the African-American and Hispanic communities. Indeed, car accidents are the leading cause of death for Hispanics ages 1-34 and for African-Americans ages 1-14.

Click here for more information on the Saved by the Belt program. And remember to buckle up!!

An 89-year old woman afflicted with Alzheimer's disease died after wandering outside her nursing home in one degree weather early one morning in Februrary. Prosecutors in DuPage County have now charged a 23 year-old nursing home employee with criminal neglect of a long-term-care facility resident, criminal neglect of an elderly person and obstruction of justice. If convicted, she faces up to seven years in prison.

DuPage prosecutors have alleged that the nursing home employee watched three straight episodes of "Dog the Bounty Hunter" and "shrugged off" an alarm that the resident had gone outdoors. Prosecutors also claim that she was expected to make bed checks every two hours but she failed to do so. Prosecutors allege that the employee later lied about performing a 3 a.m. bed check.

The 89 year old woman's frozen body was found in the facility's courtyard after being outside for as many as five hours.

The nursing home involved, The Arbor of Itasca, has only one star out of a possible five according to a federal rating system.

Over 1.6 million Americans live in one of nearly 17,000 nursing homes in the country. This number is expected to reach 6.6 million elderly people by the year 2050. Reports of nursing home neglect and abuse are rampant, but the 1987 Nursing Home Reform Act guarantees certain rights and freedoms to nursing home patients.

Some signs of nursing home neglect include the following:
* Physical neglect: disregard for the necessities of daily living
* Medical neglect: lack of care for existing medical problems
* Failure to prevent dehydration, malnutrition, and bed sores
* Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter
* Unsanitary and unclean conditions
* Infections
* Failure to protect from health and safety hazards
* Poor access to medical services

Continue reading " NURSING HOME DEATH LEADS TO CHARGES AGAINST WORKER " »

A recent study reports that nearly 2,000 American children and teenagers are injured on elevators each year, typically by doors closing on them. Most injuries involved bruises, scrapes, sprains and strain on the arms, hands, elbows, wrists and/or fingers. Two percent of the injured were hospitalized.

More than one quarter of injured children were one or two years old. Kids that age have begun walking and are becoming more indepdnent, but they they may not yet know how to stay safe on elevators. Pediatrician Joseph O'Neil, M.D., MPH authored the study and pointed out that "Young children, especially younger than 5 years of age, often lack the strength, coordination, balance and protective reflexes needed to avoid an elevator-related injury."

O'Neil offers the following tips for elevator safety:
* Young children shoudl be closely supervised in or near elevators.
* Passengers of any age should use caution when entering or exiting an elevator.
* Parents and caregivers should be encouraged to set an example by not trying to prevent an elevator door from closing.
* Elevator doors should be adjusted to sense light pressure from a child and open in response.

The United States Supreme Court held 6-3 today that FDA regulations do not trump state law to the contrary and that state-law tort claims are not preempted by the FDA’s approval of labeling after being informed of the relevant risk.

As previously blogged about, Diana Levine lost her arm due to complications after being given the anti-nausea medication Phenergan, manufactured by pharmaceutical giant, Wyeth, incorrectly. Levine sued Wyeth in a Vermont state court and was awarded over $6 million in a jury trial. This verdict was upheld by both the state appellate and supreme courts. Wyeth then appealed to the U.S. Supreme Court, contending that the drug’s labeling and warnings were FDA-approved and that FDA regulations trump state laws to the contrary.

The Supreme Court ruled against Wyeth today, holding that the FDA's oversight of drug labeling doesn't prevent the filing of state-level consumer liability lawsuits against drug companies. So what does this mean? This is a victory for American consumers. The Supreme Court has allowed consumers to retain their remedy under the law when drug companies fail to provide adequate warnings for the safe use of their drugs. And as Levine's lawyer noted, this decision "reaffirms the important role state law plays in promoting consumer safety and providing compensation for injuries." To read the full court opinion, please click here.

Methicillin-resistant Staphylococcus aureus (MRSA) is on the rise among children. MRSA used to be primarily contracted in a hospital setting; however, now its prevalence is on the rise in community-based settings. Nationwide Trends in Pediatric Staphylococcus aureus Head and Neck Infections, a study published in the Archives of Otolaryngology-Head and Neck Surgery, shows that from January 2001 to December 2006 there was a 16.3 percent increase in the percentage of resistance for all pediatric head and neck S. aureus infections.

Good hygiene helps reduce the spread of infection. Suggestions include:

• Wash hands thoroughly with soap and water or use an alcohol-based hand sanitizer.

• Cuts and scrapes should be cleaned and covered with a bandage until they heal.

• Avoid contact with other people's wounds.

• Avoid sharing personal items such as towels or, for older teens and adults, razors

Research shows that the number of cases is increasing at alarming rates. Part of the problem is an increased resistance to the antibiotics used to treat MRSA. Doctors are also recognizing and testing for MRSA more often.

The infection usually starts with red bumps resembling pimples. The site can become swollen.

The recent data on child safety seats unearthed by the Chicago Tribune made me question what other equipment is out on the roadway that is just meeting the minimum standards of safety. Trucks, among other vehicles, definitely fit the bill. The federal safety standards on trucks are lenient and do not feature the most up-to-date technology and safety features. In litigation, truck manufacturers often argue that their vehicles are safe because they meet the minimum standards set by the government. The could not be further from the truth. Just because the bar has been set low does not mean that something is safe.

For example, we are all familiar with the "ICC bar," which is the device attached to the back of tractor-trailers that is intended to prevent the deaths and injuries that occur when a car collides with the rear of a tractor-trailer. Many truck safety groups have advocated for the use of state-of-the-art rear impact guards on trucks to prevent more people from getting hurt. However, the government standard remains minimal.

Sleep tight, don't let the bedbugs bite... There has been increased press coverage lately regarding the return of bedbugs. Apparently, with decreased use of the bugkiller DDT (since the 1950s when bedbugs were nearly eradicated), the little buggers are on the rise in urban areas.

Reports of bedbug infestations have increased in Chicago from 900 to 1,650 since last year. New York is considering legislation to establish a bedbug task force, ban the sale of used mattresses, train exterminators, and regulate mattress disposal.

Hotel owners, especially, should be vigilant in the effort to rid their properties of bedbugs because they could be liable to their guests for the itchy bites that they receive. In Mathias v. Accor Econ. Lodging, 347 F.3d 672 (2003), the Seventh Circuit Court of Appeals upheld an award for compensatory and punitive damages from the District Court of the Northern District of Illinois for hotel guests who had sued a motel chain owner claiming willful and wanton conduct under Illinois law in allowing hotel guests to be attacked by bedbugs. The hotel owner had appealed, primarily complaining about the punitive damages award.

In upholding the jury's verdict, Justice Posner found that the evidence was sufficient to show willful and wanton conduct given that bedbugs had been discovered in the hotel two years prior to the incident involving the plaintiffs. Additionally, the hotel should have either warned its guests or taken effective measures to eliminate the bedbugs.

The Chicago Tribune has revealed test reports from the National Highway Transportation Safety Authority (NHTSA) that demonstrate that many car seats exceed injury limits. The data comes from crash tests performed by the NHTSA using 2008 model vehicles. The tests were intended to rate the safety of the cars, not the child restraint systems found inside. However, some of the child restrain systems showed remarkable levels of failure. For example, the Graco SafeSeat flew off its base during a crash.

In 2007, 63 babies were killed and about 7,000 were injured in crashes where they were strapped into infant restraints.

It is apparent that the safety testing that has been performed to date need to be reevavaulated. This research reveals that there is a difference between "sled bench" testing and testing that is perfomed in an actual vehicle. Before being sold, car seats must pass a test that simulates a head-on crash at 30 mph on a sled bench. In the analysis of the tests unearthed by the Tribune, regulators crashed actual vehicles into a wall at 35 mph.

Claybrook said the crash tests suggest something that is common sense: The effectiveness of car seats can be more thoroughly judged when evaluated inside a real car as it is crashed.

This data reveals that more rigorous testing is necessary to protect our most precious cargo, our children.