Chicago Accident and Injury Lawyer Blog

Today, state health officials confirmed that nine people have probable cases of swine flu in Illinois. As a result of the possible outbreak in Chicagoland, three schools have closed. Kilmer Elementary in Chicago's Rogers Park neighborhood was one of the schools to close. The other two schools are in Kane County.

It is imperative that the flu be taken seriously as it has lead to death in other parts of the world. Schools closures are done in an effort to stop the transmission of the flu from student to student.

Chicago Public Schools CEO Ron Huberman says Kilmer Elementary will be closed for at least 48 hours, possibly more, after a student of the school is considered to have one of the probable cases. The student is a 12-year-old girl who is hospitalized, but her condition appears to be improving according to Illinois Department of Public Health Director Dr. Damon T. Arnold.

Swine flu cases are erupting worldwide. The World Health Organization (WHO) raised the alert level to a phase 4, two levels short of declaring a full pandemic.

The other probable cases in Chicagoland include: a 25-year-old Lake View man, a 36-year-old Woodlawn woman; a 20-year-old of undisclosed gender from Roger's Park; and a 35-year-old Hegewisch woman. The suburban cases are a 27-year-old Elmhurst man, a 12-year-old Kane County girl, an 18-year-old Geneva man, and a 6-year-old Lake County girl.

By "probable," Arnold said the state means the person exhibits the symptoms of the flu, and preliminary testing has ruled out other known flu viruses -- but the actual swine flu virus has not yet been confirmed. However, Arnold said these cases are 99 percent likely to be actual swine flu.

I was happy to read in today's Chicago Sun-times that Mr. T proudly served jury duty this week. I have heard of people complaining when the jury summons arrives in the mail, but it truly is an important service and our civic duty. Americans should be proud to serve on a jury and not take the constitutional right of a jury trial for granted. Much of the world does not have the right to have a group of your peers consider your case.

The Sun-times reported that there was no bad attitude on the part of the actor regarding jury duty.
"If you're innocent, I'm your best man," he said. "But if you're guilty, I pity that fool." Mr. T was called for jury duty at the Cook County Criminal Court where he signed autographs and took pictures with fans. The "Rocky III" and "A-Team" star told stories during down time, autographed books and posed for pictures with other potential jurors, county employees -- and the family of the defendant in the case he could have ended up hearing.

"I enjoy doing my civic duty along with my friends I've met," said the Chicago-born actor, 56, motioning to the 20-plus potential jurors who'd been in the room with him for about five hours. "I enjoyed the people that were around me. It's not about 'The A-Team;' it's the J-Team -- the jury team."

A 13-year old boy from southern Illinois was crushed and killed by a dump truck Saturday in a bizarre accident. Investigators say the driver of the truck stopped when the gravel in back began shifting. He asked two boys to help him dump some of the gravel and offered to pay them. The boys began helping him unload the gravel from the back of the dump truck when the truck somehow tipped over and crushed the one boy.

The truck driver was taken into custody due to a suspended license and an outstanding warrant from California. Police have not said if charges would be filed against the driver for the accident that killed the young teen.

My most heartfelt condolences go out to the friends and family of this young man.

Continue reading " SOUTHERN ILLINOIS TEEN KILLED BY DUMP TRUCK " »

As a medical malpractice attorney in Chicago, I have previously discussed the University of Chicago's Urban Health Initiative. Data (from an 8 month period analyzing 396 patients) provided from the U. of C. to the Chicago Tribune showed that one in three of the patients being redirected from the U. of C. emergency room to Mercy Hospital and Medical Center are poor and uninsured.

Nearly 7 percent of the patients have no health insurance coverage. 25 percent of patients transported by ambulance 5 miles north to Mercy were covered by the Medicaid health insurance program for the poor, which is known for paying hospitals low rates, particularly in Illinois.

During the same eight-month period tracked, 31.3 percent of the patients admitted to U. of C. from its emergency room were covered either by Medicaid or were uninsured.

U. of C. is the state's largest private provider for patients covered by Medicaid and also serves a large number of people with no health coverage.

I understand the need to educate people who do not have true medical emergencies that they should be treated at appropriate facilities, but I remain concerned that individuals who need immediate treatment may get turned away under the U. of C.'s program.

Car accidents can be very stressful for anyone involved, including children. There was a car crash involving three cars on Sunday, April 26, 2009 in Chicago's Woodlawn neighborhood and the news media reported that children were involved in the wreck. Four people were injured in the crash, including two adults and two children. The crash occurred at 63rd and King Drive. Emergency crews responded to the scene. One victim was taken to Stroger Hospital of Cook County and one adult and two children were taken to Provident Hospital.

In general, when children are involved in a car crash, it can be very unsettling for them even if they do not appear to be physically injured. Symptoms of acute stress disorder (ASD) can include frequent or upsetting thoughts or memories about the crash, avoidance of reminders of the crash, like refusing to get into a car; jumpiness or constantly feeling in danger; and dissociation or emotional detachment. Parents and caretakers should monitor the child's emotional reaction to the crash. Seek medical attention not only for the physical injuries, but also speak to a doctor or a counselor to ensure that the child's emotional well-being is stable after a traumatic experience, such as, a car accident.

Continue reading " CHILDREN IN A CAR CRASH SHOULD BE MONITORED FOR STRESS " »

The United States is bracing itself for a swine flu outbreak as the government declares a public emergency. There are twenty (20) confirmed cases of swine flu in five states as of noon today, Sunday, April 26, 2009. Eight of the confirmed cases involved students at a preparatory school in New York. Another seven cases were confirmed in California, two each in Kansas and Texas and one in Ohio, said Dr. Richard Besser, the acting director of the Center for Disease Control (CDC).

Symptoms of swine flu include fever, lethargy, lack of appetite, coughing, runny nose, sore throat, nausea, vomiting and diarrhea according to the CDC.

According to the U.S. Department of Energy, drivers can benefit the environment by driving slower and less aggressively. The government agency reports that aggressive driving (speeding, rapid acceleration and braking) wastes gasoline. Aggressive driving can lower your highway gas mileage 33% and city mileage 5%.

Drivers should also avoid high speeds. Above 60 mph, gas mileage drops rapidly. The website, http://fueleconomy.gov shows how driving speed affects gas mileage.

Specialized brand bicycles announced a voluntary recall of its 2004 Roubaix Comp 18, 2004 Roubaix Comp 27, 2004 Roubaix Pro 18, and 2004 Roubaix Pro Frameset bicycles this week. According to the U.S. Consumer Product Safety Commission (CPSC), the cable stop on the bicycle can loosen, which can cause the rider to lose control and fall from the bike.

The voluntary recall was initiated after Specialized received reports of two falls that resulted in fractures requiring medical attention and surgery.

The recalled bikes were sold nationwide from September 2003 through August 2004 at authorized Specialized dealers for between $1600 and $4000. If you own one of the recalled bikes (the model names of the recalled bikes can be found on the top tube of the bike frame), you should immediately stop using it and return it to an authorized Specialized dealer for an approved repair, free of charge.

Additionally, Specialized has voluntarily recalled its 2009 Model bicycles due to a defect in the handlebars which poses a fall hazard to the rider. Specialized initiated this recall after receiving reports of the handlebars breaking during use, one of which caused a rider to suffer head trauma and a puncture wound to the arm.

This recall involves HL handlebars (model number ALR-14 NTFOV) on the following 2009 models: Cross Trail Comp, Myka HT Elite, Myka HT Comp, Rockhopper, Rockhopper Comp Disc, and Rockhopper Comp Disc 29. If you have purchased one of these models, stop using it immediately and contact a Specialized dealer for a free replacement handlebar.

Continue reading " BICYCLE RECALL DUE TO FALL HAZARD " »

With the warmer temperatures and sunnier days, many homeowners are starting to work on their gardens and spruce up their lawns. Unfortunately, with the annual rush to get yards in shape too often, there is also a rush... a rush to the emergency room to treat an injury. In 2007, there were 78,773 injuries treated in U.S. hospital emergency rooms for the use of lawnmowers. Chainsaws accounted for 26,669 injuries. Even the handheld trimmers and small powered garden tools accounted for close to 20,000 emergency room visits. Therefore, homeowners need to be careful. The tools and equipments used to make lawn care maintenance easier can be hazardous when not used safely. These products all require special care.

The Consumer Products Safety Commission offers safety tips for the use of outdoor power tools and equipment. For example, here are some of the tips they recommend:

1. Never allow young children to operate or play on powered equipment;

2. Always turn off the machine before leaving it unattended;

3. Always turn off the machine when refueling;

4. Always turn off the machine when clearing debris from in or around the machine;

5. Use caution when refueling. Ensure the fuel is kept in an appropriate, child-resistant container.

6. When using a ride-on lawnmower, mow up and down slopes and not across the slopes. This will help prevent tip-overs.

7. Eye and hand protection are essential to safeguard against stones, sticks and other flying debris.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY WISHES YOU A HAPPY EARTH DAY WITH TIPS FOR SAFE YARD CARE " »

Each year, more than a quarter of a million children are treated in hospital emergency rooms for injuries related to skateboarding, scooters and biking. If you add into the mix, baseball related injuries or other activities that require helmets, it is obvious that wearing a helmet shows you are using your head.

For many sports related activities, a helmet can reduce the risk of serious head injury and even save lives. If you are wearing the appropriate helmet during a fall or collision, the impact energy will be absorbed by the helmet, rather than the head and brain.

It is important to note that all helmets are not created equal. There are different helmets for different sports. While some can be worn for multiple sports or activities, each helmet is designed to protect your head from the impacts common to that particular sport or activity. Common sense will dictate that a baseball helmet is different than a bike helmet. Bicycle helmets manufactured after 1999 must meet the Consumer Protection Safety Commission’s Bicycle Helmet Standards. The Consumer Product Safety Commission does produce a guide, “Which Helmet for Which Activity,” which can assist you in choosing your helmet.

Continue reading " HELMETS PREVENT HEAD INJURIES TO CHILDREN " »

A 27-year old woman from Astoria, Illinois was killed Friday morning in Schuyler County when a smi collided with her vechicle on Route 24. Both vehicles were traveling westbound when the collision occurred. The woman, who was not wearing a seat belt, was pronounced dead at the scene. The driver of the semi was not injured. Illinois State Police are investigating the cause of the accident.

The Federal Motor Carrier Safety Administration (FMCSA) concluded in a 2006 study that drivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance. The study investigated a national sample of fatal and injury crashes between April 2001 and December 2003 at 24 sites in 17 states. Each crash involved at least one large truck and resulted in at least one fatality or injury. Action or inaction by the driver of either the truck or other vehicle was the critical reason for a whopping 88% of the crashes.

The U.S. Department of Transportation reports that there were 154 fatalities resulting from large truck accidents in Illinois in 2007 alone. This is 154 too many. Everyone must do their part to reduce this number.

Continue reading " ILLINOIS WOMAN KILLED IN COLLISION WITH SEMI " »

I have previous posted on www.chicagoaccidentinjurylawyer.com about the devastating, fatal crashes and significant dangers in the medical helicopter industry. It is evident that the industry needs extensive safety improvements to reduce the number of crashes.

The results of a study outlining the necessary improvements will be released this week. Textron, Inc.'s Bell Helicopter commissioned Aerospace Risk Management Inc. to perform a safety study to closely examine what steps should be taken to reduce the risks of medical helicopter flights. The study examines the structural and financial issues that may be at the root of the problem and is being described by aviation safety experts as the most comprehensive report ever about enhancing safety for patients and crews.

The Wall Street Journal is reporting that there is strife within the industry regarding the study and its exposure of the risks of medical helicopter flights. Apparently some operators have stated that they will pull their orders from Bell Helicopter if the study is released under its name. The study has been turned over to Flight Safety Foundation, a safety advocacy organization supported by industry.

More than 30 organizations have provided data; however, members of the Air Medical Operators Association, which represents companies flying some of the largest emergency medical helicopter fleets, have been particularly critical. An association spokesman said "we didn't know what sources were used and we weren't part of the research."

Dave Downey, Bell Helicopters's vice president of safety, said "somebody needs to put the information out there in totality, without any bias." A Bell spokesman said the company ordered up the study to look at the root causes of accidents and that it will continue to pursue responsible measures to enhance safety.

As a parent, someone who grew up on the southside, and someone who fights for justice, I was sickened by today's news story about the water in Crestwood being tainted for decades with dangerous dry-cleaning chemicals. The saddest part is that it appears the water was used despite the knowledge that it was tainted. Consider the lengths some people go to to feed their children organic foods and use natural cleaning products in an effort to protect their children and themselves from dangerous chemicals. As a society, we support researchers, read books about superfoods, take vitamins and consider all that we can do to prevent cancer. Yet, city officials in Crestwood were allegedly supplying their constituents with chemical-laden water. People in Crestwood - not knowing the danger - have been using that tap water everyday to quench their thirst, make their morning coffee, boil their pasta and make their kids a pitcher of frozen orange juice. The list is endless. For the people of Crestwood, the use of that water was unavoidable and a part of their everyday life.

A Naperville couple sat in their vehicle in the parking lot of a McDonald’s restaurant in Arizona when the golden arches toppled off their pedestal, severely injuring both of them. The retired husband and wife were enjoying their winter in Arizona and were on their way back home to Naperville, Illinois when the golden arches toppled onto their vehicle, crushing their Chevy Trailblazer. The husband and wife were both injured. The husband suffered a laceration to his head and is in fair condition. Unfortunately, his wife suffered a fractured spinal column and sternum and was in critical condition.

There is no doubt that an investigation will ensue. Questions will arise as to whether the golden arches were properly secured. What, if anything, did McDonald’s do to ensure that the arches were properly attached to the pedestal, even in situations involving heavy winds. There could be an issue as to whether or not the McDonald’s was aware that the high winds were gusting across the reservation for the past two or three weeks and what, if anything, did they do to stabilize or mobilize the golden arches. Inevitably, there will be issues as to the corporate entity and what will they do to ensure that the “golden arches” are secure throughout this country.

Continue reading " MCDONALD'S GOLDEN ARCHES CAUSES FAMILY TRAGEDY " »

Truckers drive long hours and are not always as rested as they should be. Part of the sleep deprivation equation in some truckers may be undiagnosed obstructive sleep apnea (OSA), which is a syndrome characterized by sleep-disordered breathing, resulting in excessive daytime sleepiness, sleep attacks, psychomotor deficits, and disrupted nighttime sleep.

Unfortunately, OSA increases the risk of motor vehicle accidents, and is common among truck drivers. Approximately 2.4 to 3.9 million licensed commercial drivers in the U.S. are expected to have OSA. In addition to being unrecognized or unreported by drivers, OSA often remains undiagnosed by many primary care clinicians despite the fact that OSA increases the risks of hypertension, diabetes mellitus, and heart disease.

In a study published in the March 2009 Journal of Occupational and Environmental Medicine, 456 commercial drivers were examined from over 50 different employers. Seventeen (17%) met the screening criteria for suspect OSA. These drivers were older and more obese, and had a higher average blood pressure. Of the 53 drivers who were referred for sleep studies, 33 did not comply with the referral and were lost to follow-up. The remaining 20 were all confirmed to have OSA, but after diagnosis, only one of these 20 drivers with confirmed OSA complied with treatment recommendations.

Philip Parks, MD, MPH, is the study's lead author. Parks says, "It is well-known that obesity, a leading risk factor for obstructive sleep apnea, is on the rise in the United States. Truck drivers with sleep apnea have up to a 7-fold increased risk of being involved in a motor vehicle crash." Parks also notes, "Although it is not surprising, it is concerning that we found that drivers with sleep apnea frequently minimize or underreport symptoms such as snoring and daytime sleepiness. In our study, the majority of truck drivers did not follow through on physician recommendations for sleep studies and sleep apnea treatment." He continues, "As a result, it is possible that many of the 14 million truck drivers on American road have undiagnosed or untreated sleep apnea."

The Federal Motor Carrier Safety Administration is currently considering requiring sleep apnea screening for all obese drivers based on body mass index (BMI). The Administration requires medical certification of licensed commercial drivers at least every two years. I absolutely support sleep apnea screening for truck drivers because I belive it would help reduce the number of accidents caused on the road from lack of sleep.

Continue reading " CHICAGO TRUCK CRASH ATTORNEY SUPPORTS MANDATED SLEEP APNEA SCREENING TO REDUCE TRUCK ACCIDENTS " »

Public health officials from the Chicago Department of Public Health are testing hundreds of patients and staff members at Evanston Hospital, Northwestern Memorial Hospital and Children's Memorial Hospital after a first-year pediatric resident was found to have tuberculosis (TB). The Public Health Department is contacting anyone who may have had "significant contact" with the resident from November to April 1.

The Department of Public Health calls the situation a "cause for concern" rather than one of alarm.

The resident was working in the infant special care unit at Evanston Hospital, which is part of the Northshore University Health System, from February 11 to March 12. The department is contacting the 80 patients she treated that month and another 30 to 40 health workers. The resident also worked at Northwestern Memorial's Prentice Women's Hospital from November 3 to 21. The department is contacting 17 patients it believes may have been affected. She also worked at Children's Memorial Hospital between November 1 and April 3. In all, 150 patients and 300 staff members may be at risk for exposure, but the possiblity that any patients would have been infected is "highly unlikely" according to a spokewoman from Children's Memorial.

If you have been around someone who has TB disease, you should go to your doctor or your local health department for tests.

A University of Michigan Survival Flight plane crashed just after takeoff from Milwaukee's General Mitchell International Airport on June 4, 2007. The crash killed both pilots and a four-member organ transplant team.

The National Transportation Safety Board (NTSB) has since reported that the co-pilot may have accidentally activated the autopilot instead of a different motion control device. The NTSB will continue to look into the operations of the plane's owner, the weather, the plane's air worthiness, maintenance records and cockpit voice recodings. The NTSB won't issue its formal conclusion regarding the probable cause of the crash until after it receives all of their reports later this year.

The autopilot button is next to the other motion contol device that the NTSB believes the co-pilot intended to activate. Many aircraft makers have redesigned consoles to avoid such confusion.

The weather is warming up in Chicagoland as spring has finally arrived. With the warmer weather comes an increase in outdoor recreational activities, including boating. Boating is a lot of fun, but it can also be extremely dangerous. As a Chicago personal injury lawyer, I have represented many people injured in boating accidents. It is imperative that boat operators do not drink and drive and that the U.S. Coast Guard Rules are followed to avoid collisions between watercraft.

According to the U.S. Coast Guard, alcohol is the leading contributing factor in boating accidents; in 2007, alcohol was listed as the leading factor in 21% of the boat-related deaths.

Sadly, on the evening of Easter Sunday, a tragic boating accident occurred near St. Augustine, Florida, that took the lives of five people and seriously injured seven others. The Florida Fish and Wildlife Conservation Commission (FWC) is leading the investigation into this tragedy. According to FWC investigators, a 22-foot boat with 12 people on board struck the the rear and right side of a 25-foot tugboat. In 2007, collisions between boats accounted for 1,329 of the boating accidents reported to the U.S. Coast Guard. These collisions resulted in 66 deaths and 953 injuries.

Continue reading " BOATING ACCIDENT LAWYER ENCOURAGES SAFE BOAT OPERATION " »

There were nearly 1,200 accidents in the central Illinois city of Pekin in 2008. This represents an 8.7% increase over the five year average of 1,075 and a 6.8% increase over the total accidents in 2007.

In response to these statistics, Pekin, a suburb of Peoria, recently ranked the most dangerous intersections in the town, concluding that the intersection of Ann Eliza and Fifth Streets was the most dangerous in 2008, with 20 accidents. One block away, the intersection of Margaret and Fifth Streets is the fourth most dangerous intersection with 13 accidents in 2008. Neither intersection was the location of any fatal wrecks, thankfully.

Police blame peoples' failure to stop for red lights at the Ann Eliza and Fifth intersection for the high number of accidents. As a result, police plan to step up enforcement action for violaters of both speed and red lights. The department is instituting a new system of patrols to enforce the rules of the raod and combat general crime in noted problem areas. Officers in the Pekin Police Department were traditionally assigned to patrol general districts of the city, but now officers are closely monitoring a specific block or range of blocks within the district. Additionally, an extra squad car will be sent to help monitor repeated problem areas.

The police department hopes that their proactive efforts will help reduce the number of accidents in the future. The onus is also on the drivers to drive more safely and be aware of their surroundings.

In an effort to decrease motorcyclist accidents and fatalities, the Illinois State Police have launched a safety education campaign for the 2009 riding season.

The State Police have put together a list of safety tips for motorcyclists and motorists alike:
1. ALWAYS WEAR A HELMET! Though Illinois law unfortunately does not require a motorcyclist to wear a helmet, they are encouraged to do so. The National Highway Traffic Safety Administration estimates that up to 800 additional lives could be saved each year if motorcyclists wore helmets. As reported on my blog earlier this week, 80% of motorcyclists killed in 2007 were not wearing helmets.

2. DRIVE DEFENSIVELY! Never assume other vehicles on the road can see you; there is always a chance a car or truck can turn in front of the motorcycle and cause an accident. As such, the Illinois State Police, along with the Illinois Department of Transportation and motorcycle safety advocates, are urging the public to "Start Seeing Motorcycles" and to share the road with motorcycle riders.

3. DON'T DRINK & DRIVE! Out of the single-vehicle crashes in 2006, nationally, the National Highway Traffic Safety Administration (NHTSA) reported that 41% of motorcycle operators who died had blood alcohol concentrations of .08 or higher. In Illinois, 44% of motorcylce operators killed during 2007 had been drinking prior to their accidents. Most fatal crashes are due to a failure of the motorcyclist to negotiate a curve because of alcohol-impaired balance and coordination.

4. GET LICENSED! Of all motorcyclists killed in 2007, more than one quarter were not licensed to operate their motorcycle.

5. KEEP UP WITH MAINTENANCE! It is important to check the tires and change them if they are worn. Never operate a vehicle, motorcycle or car without making sure it is in good working condition.

A single engine, fixed-wing aircraft crashed in a field around 1:50 p.m. this afternoon in Sandwich, IL killing the two people aboard the plane. Sandwich is located approximately 60 miles southwest of Chicago.

The DeKalb County Sheriff's Office said the plane went down in a field along Route 34 just north of the Sandwich Airport, a small private air strip that is southwest of the city.

The FAA and the National Transportation Safety Board will investigate the crash.

During my career as a personal injury attorney in Chicago and the surrounding suburbs, I have represented numerous individuals who have been struck by vehicles while they were crossing the street in the crosswalk, which is supposed to be a zone of safety.

Pedestrian safety is now on the agenda in the City of Chicago. Under the law, a motorist must yield to a pedestrian who has entered the crosswalk. At crossings with traffic lights, motorists, bicyclists and pedestrians must obey their signal. At stop signs, pedestrians have the right of way, unless they begin crossing the street after the car has legally stopped and begun to proceed across the street. The City is planning on cracking down on drivers who do not yield to pedestrians in the crosswalk.

The City's plan consists of "at least 50" operations involving undercover police officers posing as pedestrians. Fines for violators will range from $50 to $500.

Sadly, last year alone, there were more than 3,000 pedestrian-related accidents on Chicago streets. More than 50 of them resulted in pedestrian fatalities, an average of one a week.

The first two-hour sting will take place April 20, with at least two a week through the end of this year. The locations of the undercover operations have not been revealed yet, bu tthey will be publicized in order to give motorists fair warning.

Each of the city's 25 police districts will get at least two stings at crosswalks near schools, senior housing and commercial districts. Most if not all of the locations will be "at or within a few blocks" of the site of a pedestrian crash in 2006 or 2007. The worst intersection in Chicago for pedestrian accidents is King Drive and 79th Street, with 13 accidents over a two-year period ending in 2005. That's followed by 79th and Ashland (11); North and California (10), and Madison and Cicero (9).

Continue reading " UNDERCOVER OPERATIONS BEGIN AT CHICAGO CROSSWALKS " »

A Chicago Police detective crashed into the rear of a stalled vehicle last night on the Dan Ryan Expressway. A Summit man - who was killed in the crash - pulled his red Dodge over to the side of the Dan Ryan, possibly to deal with a flat tire, and it was struck by the SUV operated by the detective. The crash caused a fiery blaze in the Dodge. The driver and a passenger were killed.

The crash occurred just after 3:35 a.m. just north of 18th Street. The Illinois State Police are investigating the crash. Reports indicate that the detective was drunk and that he was taken to Northwestern Memorial Hospital where tests indicated his blood-alcohol level was about triple the legal limit of .08.

The attorneys at the Law Offices of Jeffrey J. Kroll have handled many tragic cases involving rear-end crashes and are experienced in this type of litigation.

Other motorists stopped after witnessing the crash and helped the SUV's driver from his vehicle because they saw the other vehicle on fire and thought his vehicle might catch fire too. Responding Chicago police officers apprehended the man, apparently on an exit ramp, as he tried to run away.

Continue reading " CHICAGO POLICE OFFICER CRASHES INTO THE BACK OF A STALLED VEHICLE ON THE DAN RYAN EXPRESSWAY " »

It is that time of the year. Graduation parties, proms and a host of other gatherings where teenagers and individuals under the age of 21 partake in the age old tradition of “celebrating” their conclusion of high school, community college or like events. For years, when a parent hosted a party, they could not be responsible for the injuries sustained by an underage drinker. At the time, the Illinois Dram Shop Act, 235 ILCS 5/6-21 would not permit a cause of action against a non-commercial supplier of alcohol.

Recently, however, a new law regarding the civil liability of providing alcohol to minors was enacted. The Drug or Alcohol Impaired Minor Responsibility Act, 740 ILCS 58/1 provides for damages against a person who willfully supplies alcohol or illegal drugs to one under the age of 18. Now, any person over the age of 18 who willfully supplies alcohol or drugs to any person under the age of 18 and the supplying of alcohol or drugs causes the impairment of that person will be liable for their death or injuries to individuals caused by the impairment of that person.

There are a couple of interesting side notes to this newly enacted statute. For example:

1. The economic damages that are permitted include, but are not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accident or injury or any other pecuniary loss proximately caused by the impairment of the person under the age of 18. (740 ILCS 58/10 (1)).

2. Similarly, non-economic damages can be recovered, including but not limited to, physical pain, mental suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment of life, loss of companionship, services and consortium and other non-pecuniary losses proximately caused by the impairment of the person under the age of 18. (740 ILCS 58/10 (2)).

3. The reasonable attorneys’ fees are also allowed to be recovered. (740 ILCS 58/10 (3)).

4. The cost of suit, including the reasonable expenses for expert testimony are allowed to recovered. (740 ILCS 58/10 (4)).

5. Finally, the injured party can seek punitive damages against the person who willfully supplied the alcohol or illegal drugs to the person under the age of 18. (740 ILCS 58/10 (5)).

Another interesting nuance of this statute is that neither contributory negligence nor contributory willful and wanton conduct shall apply to any injured party claiming damages under this act.

Parents, take heed of this legislation. This is a dramatic departure from the Illinois Dram Shop Act. Under the old legislation, if a minor was served alcohol at your home and then later died in a drunk driving accident, you would not face liability. The Illinois General Assembly changed all of that with the enactment of the Drug or Alcohol Impaired Minor Responsibility Act. Be aware, should you allow teenagers to drink on your property and those teenagers later get injured, you will be on the hook. And rightfully so. So think before you allow your kids (and their friends) to drink. And if you do decide to let them imbibe in the bubbly, please do so responsibly: TAKE THE KEYS.

Rookie pitcher Nick Adenhart of the Los Angeles Angels and two others were killed early Thursday when a minivan ran a red light in Fullerton, California and struck their vehicle, slamming them into a utility pole. A fourth person remains hospitalized in critical condition. The driver of the minivan fled the scene, but was thankfully caught shortly thereafter. The driver, 22 year-old Thomas Gallo of Riverside, California, has since been booked on charges of DUI, vehicular manslaughter and felony hit-and-run. Gallo has a history of arrests for driving under the influence and was driving on a suspended license due to DUI infractions at the time of the accident.

Adenhart pitched for the Angels just last night, throwing six scoreless innings, allowing seven hits, three walks and five strikeouts in his fourth major league start and first of the season. The Angels lost to the Oakland Athletics 6-4, but Adenhart was "elated" after the game, according to his agent, Scott Boras.

Angels General Manager Tony Reagins called Adenhart "a tremendous player, and a tremendous person who impacted the other players and the coaching staff in a very positive way." Reagins went on to say, "Disbelief is prevalent; we're all in shock. We will deeply miss him; it's difficult to express how much."

The Angels have canceled tonight's game against the A's in light of this morning's tragic turn of events. My deepest condolences go out to the families and friends of these three young people. It is my hope that Mr. Gallo will be punished to the full extent of the law.

The Department of Veteran Affairs has launched an investigation into whether there is a connection between improperly seterilized endoscopy equipment and a veteran's postivie HIV test. In addition to the positive HIV test, sixteen other veterans have tested positive for hepatitis B and hepatitis C at two VA facilities.

The VA has publicly acknowledged that more than 10,000 veterans were possibly exposed to HIV and hepatitis at three VA facilities while undergoing colonoscopies and other procedures with equipment that had not been properly cleaned. The VA is offering free testing for hepatitis B, C and HIV to those veterans. The facilities in question are located in Murfreesboro, Tennessee, Atlanta, Georgia and Miami, Florida. The VA is reviewing procedures at other facilities and claims to have encountred no additioanl problems. The VA has also brought in additional staff to help with testing and counseling in the affected facilities. The VA has also said it will pay for treatment for the infected vets even if they didn't hepatitis or HIV from the dirty equipment.

Lawmakers are also calling for an investigation into the potential problems of contamination; whether any patient has contracted an infection from unsterilized equipment; and how the government can prevent such problems from happening again.

April 6-10 is National Work Zone Safety Awareness Week and the Illinois Department of Transportation is warning drivers to SLOW DOWN in work zones. I-DOT officials report that work zone deaths are down nearly 30% since 2003 and they credit this success to both aggressive law enfrocemet and safety campaigns. Nevertheless, the DOT wants to remind motorists that there is an average of over 7,000 crashes in higway work zones every year in Illinois. In 2007 alone there were 21 motorist and 2 worker fatalities in Illinois work zones; this is down from 44 motorist and 5 worker fatalities in 2003.

In an effort to reduce deaths in work zones, the Illinois State Legislature passed legislation in 2004 increasing fines for speeding in a work zone. The Illinois State Police has a Zero Tolerance policy and first time offenders will be fined $375 for speeding in a work zone. Each subsequent offense comes with a hefty $1000 price tage and the possibility of a 90-day license suspension. The Illinois State Police is also targeting speeders with cameras in work zones that photograph front and rear license plates as well as the driver. Offenders will receive speeding tickets in the mail.

The I-DOT suggests these tips to motorists driving in a construction zone:

* Slow Down. Posted speed limits throughout work zones are not a suggestion - they are the law! There is a Zero Tolerance policy agaisnt violators in work zones and the fines are big!

* Follow the Signs. Arrow boards and flaggers are not there to make your life more difficult, they are there to help guide you safely through the work zone.

* Don't Follow Too Closely. One of the most common crashes in a work zone is a rear-end collision. Drivers should make sure they can safely stop their vehicle if traffic backs up.

* Be Patient. Most of the time work zones require lane closures. Remain alert in case you need to slow down or stop due to traffic or construction work.

* Turn on your Headlights. Workers and other motorists driving through the work zone need to see your vehicle. Large truck operators should use emergency flashers to warn trailing
motortists that they are slowing down.

The Illinois Senate rejected a law today that would have required all motorcycle riders and passengers to wear a helmet. The measure failed 14-42. Illinois remains one of only three states in the entire country that does not require motorcyclists to wear a helmet.

Efforts to require helmets have stalled in the past, in part because of strong lobbying by motorcycle advocate groups that argue wearing a helmet is an individual's choice, not the government's.

It is shocking to me that this measure failed by such an overwhelming amount. The statistics regarding helmet use are grim and it is disgraceful that our state senate would not do something to proactively reduce the number of motorcyle-related deaths in our state.

According to the National Highway Traffic Safety Administration (NHTSA), Illinois reported 142 motorcyle riders killed in 2007 alone. More than 80% of these people were not wearing a helmet. By contrast, Missouri, which requires riders to wear helmets, reported only 84 motorcycle deaths in 2007; only 21% of these riders were without a helmet. The NHTSA estimated that helmets saved nearly 1800 motorcyclists' lives in 2007 and that 800 more lives could have been saved if all motorcyclists had worn a helmet. Moreover, the Journal of the American Medical Association (JAMA) concluded in a study that states with full helmet-use laws had consistently lower head injury-associated death rates than states without such laws, even when stratified by region.

I think the statistics are clear: helmets save lives. If the Illinois government won't force you to wear a helmet, I sincerely hope you will choose to wear one anyway. It could be the difference between life and death.

Continue reading " ILLINOIS SENATE REJECTS MANDATORY MOTORCYCLE HELMET LAW " »

A study published March 2 in the Archives of Pediatric and Adolescent Medicine concluded that swimming lessons for children ages 1 to 4 lowers the risk of drowning. This study flies in the face of people who believe teaching children to swim too early in life could decrease the child's fear of water and give parents a false sense of security, thus increaseing a toddler's risk of drowning. To the contrary, babies should be taught to swim to help protect against drowning.

The study looked at the assoication between drowning and swimming lessons in people ages 1 to 19 in six staes. Interviews were conducted with families of 88 children who drowned between 2003 and 2005 and with the families of 213 control children who were the same age and gender and lived in the same county as those who drowned. The study found that among the 61 children ages 1 to 4 who drowned, 3% had taken formal swimming lessons. In contrast, 26% of the children in the control group had taken swimming lessons.

Parent interviews also suggested that children who drowned were less skilled swimmers. Only 5% of those who drowned were able to float on their back for 10 seconds, compared with 18% of the children in the control group.

The Centers for Disease Control and Prevention (CDC) reports that more than one in for fatal drowning victims are children ages 14 and younger. Indeed, drowning is the second-leading cause of unintentional injury-related death for children age 1 to 14. And for every child who dies from drowning, another four receive emergency department care for non-fatal submersion injuries.

With summer approaching, and these statistics in mind, NOW is the time to get your child enrolled in swimming lessons. Please note, however, that the American Academy of Pediatrics does NOT recommend swimming classes as the primary means of drowning prevention for children younger than 4. Constant, careful supervision and barriers such as pool fencing are necessary even when children have completed swimming classes. Contact your local YMCA about swimming lessons offered in your community.

A Will County jury awarded $23.8 million to the families of two people killed and a third person seriously injured when a semi crashed into a line of cars on Interstate Highway 55 near Plainfield in April 2004.

Minnesota freight broker C.H. Robinson Worldwide brokered Utah-based trucking company Toad L Dragonfly Express to haul a load of potatoes. The driver, De An Henry of Utah, was reported to have been driving on a suspended license with falsified log books.

The jury found C.H. Robinson to be vicariously liable for the accident. Vicarious liability is a form of secondary liability. In this case, the jury determined that the carrier, Toad L Dragonfly Express, was not an independent contractor but was rather a subsidiary of the $8.6 billion brokerage company. As such, C.H. Robinson can be held liable not only for the negligence of Toad L Dragonfly Express in hiring and retaining a driver with a suspended license, but can also be held liable for the negligence of the driver himself.

Continue reading " ILLINOIS JURY SLAMS FREIGHT BROKER WITH A $23.8 MILLION VERDICT " »

Any trial attorney who has ever talked with jurors after a trial becomes keenly aware of issues or evidence that were important to them, assumed by them, or more importantly, misunderstood by them. Typically, the reaction is something along the lines of “I wish I would have known.”

If you have tried a lawsuit more than once due to an appeal, mistrial, or for some other reason, you are aware of how much easier the second trial becomes. Practice and preparation can make perfect. Focus groups enable attorneys to see first hand how a potential jury may react to your case. It is easier to persuade others when you know what they are thinking or when you know which issues they perceive as important. A focus group allows you to learn by preparation... not by losing.

WHAT IS GAINED BY THE USE OF FOCUS GROUPS?

I. FOCUS GROUPS ASSIST ATTORNEYS IN EVALUATING THE VALUE OF CASES

Focus groups can be used in a couple of different ways. I am quite confident that many attorneys have had a client that would not budge from a settlement figure in which they arbitrarily set for their own case. For some reason, they have placed this arbitrary value on their case and indicated that they would never consider a settle amount under (or over) that amount. It is amazing to see how quickly a client’s position changes after a focus group reaches a finding of not guilty or awards a much different sum of money than they anticipated.

Conversely, there are times when we as lawyers are intensely concerned about the difficulty of some legal issue or factual dispute involved in a case. A focus group that hear the case may think these issues are not nearly as significant. Under those circumstances, a modest settlement offer, which may have been somewhat tempting before the focus group, may then be rejected with a greater comfort level.

II. FOCUS GROUPS SERVE AS A MEANS OF PRACTICE AND PREPARATION.

World class athletes practice for countless hours before every contest. Yet, lawyers will take a case to verdict, a case involving potentially enormous sums of money, without similar levels of practice. The focus group allows the attorney the opportunity to look “jurors” in the eye and determine how the presentation and/or testimony will be received. Without a focus group, their reaction may be learned much too late.

III. A FOCUS GROUP ENABLES THE ATTORNEY TO DETERMINE IF A JURY’S ATTITUDES AND EXPERIENCES WILL CO-EXIST WITH THE FACTS OF THE CASE

As a plaintiff’s personal injury attorney, quite often I utilize focus groups to determine how I most effectively can present damage testimony. Will awarding damages in a wrongful death case be consistent with their experiences? For example, we have learned in some situations a divorced person may be inclined to award less in certain wrongful death cases as they are of the belief, “I did not get much for the “loss” of my spouse, why should we make her “rich”? Similarly, many attorneys encounter cases where the settlement with one or two parties is contemplated, however, it will lead to the “empty chair” defense by the remaining parties. A focus group is an excellent tool to determine whether or not the remaining parties will be able to shift all or some of the blame to the settled party.

IV. FOCUS GROUPS ASSIST ATTORNEYS IN DESELECTING POTENTIAL JURORS

Jury selection or “de-selection” is absolutely one of the most crucial aspects of any trial. I believe the primary purpose of voir dire is to ferret out bias or root out prejudiced jurors. For example, focus groups enable an attorney to listen to a number of issues that impact a juror’s thought process... even though there had been no evidence to support their views. For example:

a. Insurance

No matter who happens during the course of a focus group or trial, one juror will inevitably always make a comment on insurance. On countless occasion, focus group members have commented that “the defendant is insured, don’t worry.” Most jurors are aware that there is insurance. That is good news from a plaintiff’s perspective. The bad news is the flip side to that argument. Some jurors are concerned about the lawsuit resulting in higher insurance rates. It is interesting to see how the focus groups will address these issues and what types of jurors or potential jurors address these topics.

b. Lawyers’ fees

Like it or not, lawyers’ fees play a part in the verdict. Jurors believe that lawyers’ fees are 1/3 of a judgment and will often figure that into their final outcome.

c. Media

The impact of the O.J. Simpson trial, the McDonald’s coffee verdict, Rodney King and other high profile cases cannot be understated. In that jury room, these jurors are talking about these cases. This information (or disinformation), depending upon your view of the reliability of this information, has unquestionably influenced their attitudes about the civil justice system. Potential jurors how have enriched views of what goes on in our courtrooms.

V. FOCUS GROUPS CAN SERVE AS A METHOD FOR SCREENING CASES

By definition, one can argue that a focus group is a gathering of people that consider whatever aspects of the case you wish to present to them. One of the important factors in a focus group is having some type of direction or control of where you would like the discussion to go. Many of us have been contacted in controversial or complex cases that we do not know if we wish to handle. For example, sexual abuse cases or medical malpractice cases involving abortion or the like are the types of cases that may waive “red flags” to the general population. An early focus group will help us with determining how a group of people will view those issues.

CONCLUSION

Focus groups are an invaluable tool. They enable attorneys to create or test themes prior to trial. More importantly, focus groups enable attorneys to thoroughly understand community attitudes or the way potential jurors may view ceratin issues in your case. Examining the results from the focus group discussions and conclusions will offer a wealth of information.

One word of caution to attorneys is that focus groups are not the Utopia in the trial of a case. One reason trial attorneys are successful in the courtroom is because of their instincts in understanding peoples reactions to testimony and/or evidence. Rely on your instincts in the trial of your case. Do not set aside your own experience as a lawyer in making decisions about a trial.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY USES FOCUS GROUPS TO PREPARE YOUR CASE " »

On February 3, a 78-year old wheelchair-bound man sat for hours within sight of the triage desk at the University of Chicago Medical Center, but no one bothered to log him in or triage him. It wasn't until the man's daughter got the attention of a triage nurse that it was discovered the man was not breathing. Soon thereafter, he was pronounced dead.

The medical center issued a statement after conducting an internal investigation and stated that it had proper polices and procedures in place, but staff members may not have followed the protocol. The statement also mentioend that "appropriate discliplinary actions are being taken." As they should be.

In response to this tragic and dispicable episode, Medicare officials are threatening to take away the hospital's certification. University of Chicago Medical Center has publicly acknowledged the warning and has responded that it is already drafting a plan to assure that there will not be another incident like this in the future. The hospital also noted that the threat is "standard procedure" any time an incident like this occurs. It is unfortunate that these incidents happen with such regularity that a "standard procedure" threatening decertification even exists. It is absolutely reprehnisble that this man died in the manner in which he did. To be ignored in his moment of need is irresponsible and disgraceful. My heart goes out to this man and his family.

Continue reading " CHICAGO AREA HOSPITAL IN DANGER OF LOSING MEDICARE CERTIFICATION " »

A new study reports that prescription drugs used to treat depression, high blood pressure, seizures and other ailments are turning up in fish caught downstream from a Chicago sewage treatment plant. Little is known about the potential effects of drugs in the water on people and wildlife, but scientists and regulators are becoming increasingly concerned about long-term exposure, even at low levels.

The study, performed by researchers from Baylor University in Waco, Texas, reported similar findings near sewage plants in Dallas, Orlando, Philadelphia and Phoenix. These findings echo earlier testing that found pharmaceuticals in the drinking water of Chicago and other American cities. Prescription drugs end up in drinking water and fish when people take medicaitons and the residue passes through their bodies and into the sewers. Conventional sewage and drinking water treatment filters out some substances, but several studies have found that small amounts are able to pass through nevertheless. The drugs are then absorbed by fish and accumulate in livers and other tissue.

As more studies report pharmaceuticals in drinking water and in wildlife, regulators are reversing their long-held advice that people should flush unused or old drugs down toilets.

A truck crashed into the back of a school bus loaded with elementary school students Wednesday afternoon in Orion, Illinois. Students were thrown from their seats in the collision. Thirty to forty students were on board, but thankfully there were no serious injuries, though one student was bleeding from the back of the head.

Several crews responded to the scene and are still investigating the accident. Witnesses reported that the driver of the truck didn't see the bus.

Continue reading " SCHOOL BUS ACCIDENT IN THE QUAD CITIES " »

The Illinois House voted 89-27 to approve a bill that woudl make it illegal to text message while driving. The bill now moves to the Senate. If the bill passes and is signed into law, it will become effective on July 1, 2009.

Rep. John D'Amico, D-Chicago, the legislation's sponsor, advocates to stop texting while driving because of the distraction it creates for drivers. He beleives that when people text while driving, they are literally taking the lives of others into their hands. Opponents, however, point out that all sorts of things can distract drivers and that it doesn't make sense to single one of them out. Opponents are also concerned about how the potential law would be enforced.

I am surprised there are opponents to this legislation. New studies are reporting that texting while driving is almost as dangerous as driving while intoxicated. There is no question that texting while driving is rampant and incredibly dangerous. Drivers need to keep their eyes on the road, not on the phone. I hope that this legislation will sweep through the Senate with the same overwhelming support it received in the House. There is no argument that opponents can make that can outweigh the propriety and necessity for this legislation.

The Medical Device Safety Act, HR 1346/S 540, restores the law that was in effect prior to February of 2008 when the U.S. Supreme Court decided that the FDA's approval of a medical device warrants immunity for medical device manufacturers. The Supreme Court's decision means that medical device manufacturers are not fully held accountable for producing dangerous and defective products.

I have previously blogged about my concerns over immunity for big business. Immunity removes the right to fully compensate tort victims and it removes the checks and balances system that the civil justice system creates.

I remember watching the news and learning of the tragic death of actress, Natasha Richardson. After hearing of her death, I kept asking myself the same question: do all head injuries need medical attention, even ones that seem minor?

In most cases, it is pretty clear when someone needs medical attention after a head injury. They are often confused, they are extremely agitated. They may be dizzy. Some could have even been unresponsive. The scarier scenario is what doctors call the “talk and die” scenario, where someone seems fine, only to die hours or days later. The "talk and die" scenario occurs with various kinds of brain injuries. In the case of epidermal hematomas, blood pools in the area between the lining of the brain and the skull. This fluid continues to build up in a contained space, creating pressure. In that scenario, essentially, something has to give. Unfortunately, it turns out to be the brain. If you do not get that person to the hospital immediately to have the appropriate surgery to drain the fluid, it will most likely be fatal. So what should be done for someone suffering from a head injury?

1. Look for dizziness, vomiting, confusion or headaches. If an injured person has one of these signs, take them to the emergency room.

2. Look for changes in the person’s behavior. If a person suddenly becomes sleepy within the first 8 to 12 hours following trauma to the head, it may mean that parts of the brain responsible for staying awake are experiencing pressure from a bleed.

3. Vigilance. Keep an eye on someone that has hit their head. This is especially true even if they have not lost consciousness.

4. Be on alert if someone has been drinking, is elderly or young. It could be difficult to distinguish brain-injured behavior from drunken behavior. Similarly, you need to be extra vigilant when dealing with an elderly person or young athletes.

5. Go to an emergency room. You want to go to a trauma center that has a neurosurgeon present or on call. One can find this out by looking on the map from the American Trauma Society.

When in doubt, err on the side of being conservative and seek treatment.

Continue reading " CHICAGO ACCIDENT LAWYER ANSWERS THE QUESTION: WHEN SHOULD YOU GO TO THE EMERGENCY ROOM " »

The National Highway Traffic Safety Administration says that pedestrian accidents account for roughly 12 percent of all nationwide traffic fatalities. With that statistic in mind, the Illinois Department of Transportation, in conjunction with the advocacy group, the Active Transportation Alliance, conducted a study and found that in 2007 there were 170 fatalities and more than 1,000 serious injuries among the 6,000 pedestrians who were hit while walking in Illinois.

The study found that the most dangerous locations for pedestrians are in the south and west suburbs. The study reports that Hopkins Park, a small town in Kankakee County, had more traffic accidents involving pedestrians per capita than any other town in the greater suburban Chicago area. From 2004 to 2007, Hopkins Park reported 10 accidents involving pedestrians, representing a rate of 4.22 accidents a year per 1,000 residents. Oakbrook Terrace ranked second in the report, with 1.31 accidents a year per 1,000 people. Other municipalities in the top ten include: Harvey (1.12), Markham (1.03), Countryside (1.0), Oak Park (0.96), Rosemont (0.95), Summit (0.94), Calumet Park (0.94) and Midlothian (0.91).

Researchers believe a number of factors contribute to these high rates. In lower-income communities, there are fewer resources, such as insufficient law enforcment and a lack of sidewalks. In higher-income areas, however, the accidents tend to result from busy arterial roads, badly marked crosswalks, or a high number of pedestrians. As such, improved street design, well-marked crosswalks, a greater police presence and more public education regarding pedestrian safety can all help reduce the number of accidents involving pedestrians.

The Active Transportation Alliance is currently backing a bill in the Illinois General Assembly that would requrie drivers to stop for pedestrians in crosswalks instead of having the option to either slow down or stop.

Continue reading " CHICAGO-AREA PEDESTRIAN ACCIDENT REPORT FINDS DANGER ZONES " »