Chicago Accident and Injury Lawyer Blog

A 65-year-old California man was bicycling his way across the United States when his trip and his life were cut short by a drunk driver. The cyclist was struck and killed on June 21 while riding his bike east on U.S. Route 50, about 60 miles east of St. Louis. The driver of the vehicle that struck the cyclist from the rear fled the scene, but was later arrested. The 27-year-old Centrailia, Illinois man has has since been charged with aggravated leaving the scene of an accident involving death.

Prosecutors in Clinton County are reviewing all details of the case, including the driver's blood-alcohol level and may file felony DUI charges. The driver is being held in jail on $100,000 bail.

The cyclist had left his home in Chula Vista, California on April 27 and had plans to bike all the way to Washington, D.C. on a trip he had called his "Mad As Hell Bike Ride Across U.S." Along the way, he was gathering signatures and protesting the government bailouts.

The cyclist was a seasoned rider, but this tragic story proves that even the most experienced riders face perilous risks. The section of Route 50 on which he was riding was a narrow, two-lane highway with no shoulder and poor lighting. While these conditions serve as no excuse for the man accused of striking and killing the cyclist, we are all reminded to take precautions when riding at night. Wear reflective clothing and use other protective gear, especially a helmet. Try to bike on roads that have marked bicycle lanes and, when riding at night, try to stay in areas that are well-lit.

My most sincere condolences to the family and friends of this man who was hoping to have his voice heard in our nation's capital.

Continue reading " CYCLIST KILLED IN HIT AND RUN " »

A 17-year-old girl from Eureka, Illinois was killed Thursday afternoon in a single-vehicle accident. The teen swerved to avoid an oncoming car after she veered into the oncoming lane of traffic. Her SUV rolled several times in a ditch and she was ejected.

Early reports indicate that the young lady was texting while driving. The County Coroner said that another driver called 911 to report the accident just seconds after the teen's phone received the last text message.

The Illinois General Assembly has passed a bill that would ban text messaging while driving. The bill is awaiting the governor's signature.

This story is just one of hundreds of examples that prove the danger of texting while driving. Researchers at Eastern Virginia Medical School and Children's Hospital of the King's Daughters in Norfolk enlisted 21 teens between the ages of 16 and 18 to take part in a series of simulated driving experiments. The research subjects first drove through virtual scenes without distractions. They then drove through the same scenes while text messaging, while talking on a cell phone, and while operating an MP3 player. The findings, although not surprising, were frightening.

The researchers concluded that the teens' driving was worst when they were texting. The researchers attribute this to having to look down in addition to using your fingers when texting. When distracted, the teens did worse in urban settings, but whether driving in a virtual city or on a virtual country road, they did performed worst while texting. The study shows that distracted drivers changed speeds, slowed down dramatically, and wove more than a foot outside their simulated lane.

The American Automobile Association concludes that the rise of a car accident increases by 50% for people who text message while driving. The dangers are obvious, yet people continue to put their lives and the lives of others at risk when they send text messages while driving. The governor cannot enact this law fast enough. The danger is real. Lives are needlessly being lost in an instant due to texting while driving. It needs to stop.

This is the weekend prior to the Fourth of July holiday and the weather in Chicagoland has been beautiful. Summer is certainly in full swing. As a Chicago personal injury attorney who has seen the tragic results of many severe summertime car crashes, I urge you to be cautious on the roadways as you travel for vacation, to baseball games, BBQ's and the various other summertime events.

Compared to the spring months, there are a higher number of fatalities on the roadways in Illinois in the summertime. Sadly, there have been a number of fatal accidents over the weekend in Chicagoland.

On Friday, June 26, 2009, there was a five-car crash Friday night at Route 41 and Buckley Road in North Chicago. One woman died in the crash.

On Saturday, June 27, 2009, three men were killed and a fourth injured in a head-on collision involving a taxicab and a passenger car on Lake-Cook Road in Kildeer.

Both drivers in the crash were dead on the scene at Lake-Cook Road and Park Hill Drive in Kildeer and one of two passengers in the crash died after being taken to Advocate Good Shepherd Hospital in Barrington following the crash.

The crash involved a taxicab and a gray Lexus which were driving on Lake-Cook Road.

Police said they were working on investigation and reconstruction of the crash. Investigators were seeking subpoenas for the so-called "black boxes" to better understand what happened.

Early Sunday morning (June 28, 2009), four people, including a 9-year-old girl and a 10-year-old boy, were injured around 1:50 a.m. in the 8300 block of South Chicago Avenue in the South Chicago neighborhood. A Chevy Blazer was traveling southbound on Chicago Avenue when the driver apparently lost control and the vehicle flipped over several times. No other cars were involved.

Continue reading " FATAL CRASHES IN CHICAGOLAND OVER THE WEEKEND " »

Cheerleading causes more serious injuries than other sports.

Researchers have long known how dangerous cheerleading is, but historically, records were poorly kept. An update to the record-keeping system last year found that between 1982 and 2007, there were 103 fatal, disabling or serious injuries recorded among female high school athletes, with the vast majority (67) occurring in cheerleading. The next most dangerous sports: gymnastics (nine such injuries) and track (seven).

Recently, the National Center for Catastrophic Sports Injury Research at the University of North Carolina at Chapel Hill released its 26th annual report on the topic. The latest figures are from the 2007-2008 academic year for college and high school sports, male and female. The report defines catastrophic injuries as any severe or fatal injury incurred during participation in the sport.

The new numbers are for the 26-year period from the fall of 1982 through the spring of 2008:

- There were 1,116 direct catastrophic injuries in high school (905) and college sports (211).
- High school sports were associated with 152 fatalities, 379 non-fatal injuries and 374 serious injuries. College sports accounted for 22 fatalities, 63 non-fatal injuries and 126 serious injuries.
- Cheerleading accounted for 65.2 percent of high school and 70.5 percent of college catastrophic injuries among all female sports.

Fortunately, the number of cheerleading injuries fell slightly in the 2007-08 academic year. Hopefully, an increase in awareness and safety measures will continue to decrease the number of injuries related to cheerleaders and high school and college athletes, in general.

Continue reading " CHICAGO SPORTS INJURY ATTORNEY CAUTIONS CHEERLEADERS TO INCREASE SAFETY IN THEIR SPORT " »

The average total awaiting time in a U.S. Emergency Room in 2008 was 4 hours and 3 minutes. Sadly, it is a 27 minute increase in nationwide average wait time from 2002. What is causing the added wait time and what can be done to prevent such long waits?

First, according to the American College of Emergency Physicians, a January 2009 press release indicated that physicians believe that the recession is the one chief reason for the increase in emergency room visits. Many of these people that were once seen by a primary care physician are now going to the emergency room due to the loss of their health insurance. Unfortunately, this delay in care can end up proving to be a much more serious condition for patients in an already already overburdened emergency room system.

What do you do when you are confronted with a potentially four hour wait? Here are some tips for working with emergency room personnel:

1. Request that the triage nurse do a quick re-assessment of the patient, especially if you believe the patient is getting sicker while awaiting treatment in the emergency room. As the saying goes, the squeaky wheel does get the grease, however, make sure that you are not using inappropriate or threatening language. Be respectful.

2. If dealing with the triage nurse, request to speak with the charge nurse or a charge physician if there is a problem.

3. If you cannot speak with a charge nurse or a charge physician, request to speak with the administrator on call.

4. The last resort may be to dial '0' from the emergency room department waiting room phone and request to page the patient advocate or hospital administrator.

Belligerence or request for VIP treatment usually will backfire. Everyone in the emergency room is there because of a sickness or problem. However, make sure that you are adequately observing any changes in the patient’s condition.

Continue reading " AVERAGE E.R. WAITING TIME INCREASED " »

Recently, nine children and the drivers of the vehicles involved were injured after a crash on Highway 141 in Grimes, Iowa. A van from American's Children of Oakmoor was heading southbound on Highway 141 when a white van traveling northbound attempted to turn in front of the van the children were on board. The vans subsequently collided and the Oakmoor van was sent into a nearby ditch.

One of the children involved in the accident was airlifted to a hospital while the other eight were transported to neighboring hospitals in ambulances. Fortunately, seven of the children were released while the condition of those remaining in the hospitals is unknown.

Continue reading " CHILDREN HURT IN IOWA AUTOMOBILE ACCIDENT " »

Bicycling season is well under way in Illinois. Before you hit the trails, consider proper bike safety. The U.S. National Highway Traffic Safety Administration reported that 698 cyclists were killed and an additional 44,000 were injured in traffic crashes in 2007.

Take precautions to limit your risk as a cyclist. Such precautions include wearing a helmet that fits properly. One study reports that it would be cheaper for society, overall, to give every child that rides a bike a helmet rather than cover the medical costs that stem from injuries. You should also wear appropriate clothing, especially at night, in order to be visible to traffic. Regular maintenance of your bike is also key to safe riding. Most importantly, pedal with safety in mind. Respect all the rules of the road as if you were in a car. Keep to the right and ride with traffic, as opposed to against it. Ride your bike predictably and always signal when you turn or stop.

Motorists need to be extra cautious, as well, now that more bikes are on the road. Cyclists should be treated as any other vehicle operator on the road.

As summer travel season approaches, the National Highway Traffic Safety Administration (NHTSA) is urging all 15-passenger van users to take appropriate precautions to guard against the possibility of a tragic rollover crash.

NHTSA research shows that 15-passenger vans have a much higher rollover risk than other passenger vehicles, especially when fully loaded with passengers and luggage. In fact, a May 2009 research note published by the NHTSA reported that 15-passenger vans with 10 more occupants have a rollover rate in single vehicle crashes that is nearly three times the rate of those that had fewer than five occupants. In 2007 fatalities to occupants of 15-passenger vans increased nearly 20% from the previous year.

If you or a family member are planning to take a trip in a 15-passenger van this summer, here are some safety tips offered by the NHTSA to ensure the trip is a safe one:

* Make sure all passengers are using their seat belts at all times. The NHTSA reports that 80% of occupants killed in van rollovers were not wearing their seat belts at the time of the crash.

* Make sure the driver has training and experience. Driver inexperience has been a major contributing factor in van crashes.

* Pay special attention to tires prior to a trip. Examine tires for signs of wear and aging, and always check to see if they are properly inflated to the pressure recommended by the manufacturer. Improperly inflated tires are another common contribution to rollover crashes, especially if the van is fully loaded with passengers and luggage.

Be safe on the road this summer and remember to buckle up!

A rush-hour collision between two Metrorail transit trains killed 7 and injured scores yesterday in Washington, D.C. The accident occurred along the Red Line just before 5 p.m. EST on an above-ground track in the District of Columbia near the border with Takoma Park, Maryland. Both trains were on the same track, headed in the same direction, south out of the Fort Totten station. A member of the National Transportation Safety Board (NTSB) said the trailing train struck the other train from the rear and "its first car overrode the last car of the other train in an accordion fashion."

Metrorail officials do not know the cause of the collision and are not likely to know the cause for several days as the investigation unfolds. Recent reports note, however, that the train that slammed into the other was part of an aging fleet that federal regulators had recommended be phased out or retrofitted three years ago. NTSB officials consider the Metrorail transit system's inaction "unacceptable."

Investigators hope to recover recorders from the train which was struck. The recorders can provide key information, include speed and other data. Unfortunately, the trailing train that struck the other train was part of an older fleet that was not equipped with the devices.

Yesterday's crash was the worst in the history of Metrorail, which has shuttled tourists and commuters to and from the nation's capital for more than thirty years. In January 1982, a derailment killed three people. The only other collision between Metro trains occurred in 2004.

A 26-year-old Homer Glen man died after crashing head-on into a viaduct in Riverdale early Saturday morning. A witness told police that the young man appeared to be asleep at the wheel or maybe texting when he crashed into a viaduct underneath Metra railroad tracks. The crash happened about 6:30 a.m. on eastbound 138th Street at Illinois Street.

The Homer Glen resident was pronounced dead on the scene. He was the only person in the vehicle and was not wearing a seat belt.

While police do not suspect alcohol or speed contributed to the crash, the Suburban Major Accident Reconstruction Team is investigating the accident.

Stories like this should remind all of us to be alert when we drive and to always wear our seatbelts. The US Department of Transportation's National Highway Traffic Safety Administration (NHTSA) estimated that 37,313 people were killed in motor vehicle traffic crashes in 2008. It's the lowest number of deaths on U.S. roads since 1961. The NHTSA credits this accomplishment with an increased use of seat belts nationwide.

The NHTSA reports that Illinois had a 90.5% seat belt usage rate in 2008. This is a drastic increase from the 71.4% usage rate back in 2001. There is no question that seat belt usage has contributed to fewer deaths on the road and it is my hope that we continue to see a decrease.

My deepest condolences to the family and friends of this young man.

Continue reading " CHICAGOLAND AREA MAN DEAD AFTER CRASHING INTO CONCRETE VIADUCT " »

A train derailment in Rockford Friday night left at least one woman dead and three others with serious burns. The 114-car Canadian National Railway train derailed around 8:30 p.m. Canadian National Railway Company officials say 18 cars loaded with ethanol left the tracks, exploding into flames.

The cause of the accident is still unclear. National Transportation Safety Board (NTSB) officials say that identifying a cause of the derailment could take a year. The NTSB has conducted initial interviews with the train's crew and investigators are looking for witnesses.

It is unclear at this point what role, if any, the water levels may have played in the accident. Parts of northern Illinois had record rainfall on Friday, with some areas getting as much as 4 inches. There was high water along the northern Illinois rail line. Investigators are also trying to determine if automobiles played any role in the derailment.

Three motorists, including a 17 year old girl, who were stopped at a train crossing suffered serious burns. Another woman abandoned her car at a rail crossing and made it 20 feet before she fell and died. The cause of the woman's death has not yet been determined.

The derailment and subsequent fire caused the evacuation of nearly 600 nearby homes. The train cars continued to burn on Saturday, keeping investigators at bay. Sunday was the first full day federal investigators spent at the accident site and it appears that they will spend many more days there in an effort to determine what caused this tragic and costly accident.

The U.S. Consumer Product Safety Commission (CPSC) recently announced that toy-maker Mattel Inc. and its wholly owned subsidiary, Fisher-Price Inc., have agreed to pay a $2.3 million civil penalty for violating the federal lead paint ban which has been in effect since 1978. The law prohibits toys and other children's articles from having more than 0.06 percent lead in paints or surface coatings. Lead can be toxic if ingested by young children and can cause adverse health consequences.

In 2007, about 95 Mattel and Fisher-price toy models were determined to have exceeded the federal limit. CPSC alleged that Mattel knowingly imported up to 900,000 non-complaint toys between September 2006 and August 2007 and distributed them to its retail customers for sale to US consumers. The toys were later recalled in August and September of 2007. The CPSC further alleged that Fisher Price knowingly imported up to 1.1 million non-complaint toys between July 2006 and August 2007. Theses toys were recalled in August, September and October of 2007.

The $2.3 million civil penalty is the highest for violations involving importation or distribution in commerce of a regulated product and is the third highest of any kind in CPSC history. CPSC Acting Chairman Thomas Moore hopes that the penalty serves as notice to toy makers that the CPSC is committed to the safety of children, to reducing their exposure to lead and to the implementation of the Consumer Product Safety Improvement Act.

In the past two years, the Federal Motor Carrier Safety Administration (FMCSA) has developed a new system to improve the safety of trucks and their drivers. The system, Comprehensive Safety Analysis (CSA), is being touted as a replacement for the old system, SafeStat.

CSA differs from SafeStat in three distinctive ways:

- It increases the opportunity for safety specialists to contact carriers and truck drivers.
- CSA seeks to use more and better data to identify high-risk carriers and truck drivers.
- CSA applies a wide range of interventions intended to correct high-risk behaviors before these behaviors become chronic or habitual.

Since February of 2008, Colorado, Georgia, Missouri and New Jersey have served as test states for CSA and this year, Minnesota and Montana have implemented the program. The FMCSA hopes to spread the CSA program nationwide in July of 2010. This is good news for the motoring public and hopefully the roads will become safer if the CSA program is adopted nationally.

Continue reading " CHICAGO TRUCK ACCIDENT ATTORNEY SUPPORTS COMPREHENSIVE SAFETY ANALYSIS PROGRAM " »

A Chicago Park District worker died after falling into a sewer on the city's southeast side this past Tuesday. The 59 year old man was doing maintenance work in Mann Park when the accident happened.

Police are still investigating the accident. An autopsy report is pending.

My condolences to the family and friends of this man.

A crash involving two cars occurred Thursday, June 18, 2009 around 7:40 p.m. near South Cicero Avenue and West 61st Street. Chicago Police Department (Wentworth Area) detectives are conducting a homicide investigation into whether one of the vehicles intentionally attempted for force another vehicle or pedestrian off the road. It is unclear if the drivers and occupants of the two vehicles knew each other or if this was a case of serious road rage.

After the crash, two people were in serious-to-critical condition and three people were in good-to-fair condition; however, the Chicago police were notified early Friday that one of the individuals had died at Christ Hospital.

Continue reading " CAR CRASH IN CHICAGO NEAR MIDWAY AIRPORT KILLS ONE AND INJURES FOUR " »

The U.S. Consumer Product Safety Commission (CPSC) reported Wednesday that Macy's will voluntarily recall 33,000 children's hooded sweatshirts that pose a strangulation risk. While no injuries have been reported to the CPSC, the drawstring sewn at the base of the hood can pose a strangulation hazard.

The recall includes boys and girls Epic Threads sweatshirts and girls Greendog sweaters with nonfunctional ties in numerous styles. The Epic Threads sweatshirts are white, gray, maroon, yellow, blue, green, and black, with images on the front and/or back. The girls Greendog sweaters are brown and gray. Only sizes small and medium are subject to the recall.

The sweatshirts and sweaters were sold at Macy's stores nationwide from July 2008 through March 2009. Consumers are instructed to remove the ties from the sweatshirts to eliminate the hazard or return the garment to any Macy's for a full refund.

For more information, contact Macy's at 888.257.5949 between 10 a.m. and 10 p.m. ET Monday through Friday or visit Macy's website at www.macys.com.

A man working at a scrap metal business on the Southwest Side of Chicago was was killed Tuesday after being struck by a Bobcat. A Bobcat is a heavy-duty machine that can be used as a forklift, loader or excavator. Police said the the man was possibly struck by a heavy piece of equipment believed to be a forklift. The man was struck by the piece of equipment about 2:40 p.m. on June 16, 2009.

A Yellow Pages online directory listed "A Metals Scrap Inc." as the business located at 3200 S. Kedzie Ave.

As a Chicago personal injury attorney, I have been involved in a number of heavy equipment cases involving wrongful death and injury. Prior to moving the Bobcat or the equipment attached to the Bobcat, such as the forks or bucket, the operator must ensure that there is no one surrounding the vehicle to ensure safety on the jobsite.

A 35-year-old Country Club Hills man was killed and his passenger injured early on June 15, 2009 in a crash at 143rd Street and Harlem Avenue near Orland Park. According to Cook County Sheriff's police, the crash happened about 2:30 a.m. when the man driving the car westbound on 143rd Street went through the red light and was struck on the driver's side by a semi truck northbound on Harlem.

The crash forced the county to close Harlem Avenue between 135th and 151st streets until 8:30 a.m.

This intersection does not have red light cameras installed. There is no indication that such cameras would have prevented the crash. However, cameras may have provided additional details regarding the cause of the crash if there was footage of the incident.

An 18-year-old man died Sunday from injuries he sustained in an all-terrain vehicle (ATV) crash in southern Illinois. The Collinsville man was riding an ATV in rural Williamson County when the vehicle apparently hit a tree. He was airlifted to a hospital in Evansville, Indiana where he was later pronounced dead.

In 2003, there were an estimated 740 deaths associated with ATVs, including 140 reported deaths that involved children. In 2004, an estimated 136,000 ATV-related injuries were treated in hospital emergency rooms. In Illinois, 11 people were killed in ATV crashes in 2006. More than half of those killed were under the age of 18. More than 1,600 people were injured in ATV accidents in Illinois in 2006. More than one-third of those injured were under the age of 20. According to the U.S. Consumer Safety Product Commission, 92% of all ATV related fatalities are the result of warned-against behaviors, such as not wearing a helmet, riding on public roads, youth riding unsupervised and carrying a passenger on a single-rider ATV.

Like other activities involving high speeds and heavy machinery, riding an ATV can be dangerous. To stay safe, keep these tips in mind:

* Get trained. Formal training teaches drivers how to control ATVs in typical situations. Click here to find out where you can take an ATV driving course.
* Wear a helmet. As with motorcycle and bicycle riding, helmets are KEY to preventing fatal injuries. Wearing a helmet may reduce the severity of head injuries. In addition, wear over-the-ankle boots, goggles, gloves, long pants, and a long-sleeved shirt to protect against cuts, abrasions, and other injuries from rocks, trees, and other debris.
* Do not permit children to drive or ride adult ATVS. Children are involved in about 1/3 of all ATV-related deaths and hospital emergency room injuries. The majority of these deaths and injuries occur when a child is driving or riding on an adult ATV. Children under 16 on adults ATVs are twice as likely to be injured as those riding youth ATVs.
* Do not drive ATVs with a passenger or ride as a passenger.
* Don't ride on pavement and avoid unfamiliar terrain.
* Don't ride under the influence. Alcohol and drugs impair reaction time and judgment, two essential skills for safe ATV use.

Remember, ATVs are not toys! They are powerful and potentially dangerous vehicles that can travel at speeds in excess of 60 miles an hour and can weigh more than 700 pounds. Keep safety first and foremost in your mind when you are riding an ATV. Many of the deaths and injuries that result from ATV accidents are preventable. Ride safely.

Golf season is upon us. Like all sports, care and caution should be used to prevent injury. Sadly, over the weekend, a 78-year-old Gold Coast woman died after being struck by a golf cart at Idlewild Country Club, 19201 Dixie Hwy. in Flossmoor. An autopsy scheduled for today will reveal if the injuries she sustained caused her death.

The decedent was an avid golfer and well-known commercial real estate broker at Rubloff Residential Properties who focused on high-end residential properties on the Gold Coast and in Old Town and Lincoln Park.

Flossmoor police said Cook County sheriff's police were investigating and would only say that the incident happened in the afternoon on Sunday.

Continue reading " CHICAGO WOMAN DIES AFTER BEING STRUCK BY A GOLF CART AT A FLOSSMOOR COUNTRY CLUB " »

Baseball is the time-honored American pastime. It's a sport that everyone of every age can enjoy and playing in a little league is almost a rite of passage. The U.S. Consumer Product Safety Commission (CPSC) estimates that nearly 6 million children ages 5 to 14 participate in organized leagues and a whopping 13 million children participate in non-league play. With all this baseball playing, however, comes loads of injuries.

According to the American Academy of Orthopaedic Surgeons (AAOS), hospital emergency rooms and clinics treat an estimated 500,000 children for baseball-related injuries each year. In response to this statistic, the CPSC collected and analyzed date to determine how these children were injured and what equipment could prevent such injuries. The CPSC ultimately concluded that baseball protective equipment may prevent, reduce or lessen the severity of more than 58,000 injuries occurring to children each year.

The CPSC and the AAOS recommend playing with softer-than-standard balls to prevent, reduce or lessen the severity of ball impact injuries to the head and neck. Batting helmets with face guards may prevent, reduce or lessen the severity of facial injuries and safety release bases that leave no holes in the ground when the base is released may prevent, reduce or lessen the severity of base-contact sliding injuries.

Protective equipment is one of the most important factors in minimizing the risk of injury in baseball. The AAOS offers these helpful tips:

* Remember your equipment must fit properly and be worn correctly.
* Wear a batting helmet at the plate, when waiting a turn at bat, and when running bases.
* Facial protection devices that are attached to batting helmets are available in some youth leagues. These devices can help reduce the risk of a serious facial injury if hit by a ball.
* The catcher must always use a catcher's mitt. If you play another position, ask your coach about specific size requirements for your mitt.
* Catchers should always wear a helmet, face mask, throat guar, long-model chest protector, protective supporter, and shin guards.
* Most youth leagues prohibit the use of shoes with steel spikes. Instead, wear molded, cleated baseball shoes.
* Inspect the playing field for holes, glass, and other debris.

Have fun, but play safe. Many injuries are preventable with the proper equipment. Don't ruin your fun in the sun with a preventable injury. Play ball!

The Chicago Sun-Times reported that a construction worker suffered leg injuries earlier this week when he was struck by a vehicle while picking up equipment on the Dan Ryan Expressway on the Near South Side. The worker on foot was picking up equipment in the southbound lanes of the Dan Ryan near West 26th Street when he was struck around 4:30 a.m. on Wednesday. He was taken to Stroger Hospital in serious-to-critical condition. Downstate, two different wrecks in a 24 hour period near construction zones brought traffic on Interstate 57 in Franklin county to a standstill earlier this week. And earlier this spring, two people died and one was injured in a fiery four-vehicle crash that shut down the Interstate 80 for more than three hours. This is just a sampling of countless stories of construction workers and motorists being injured or killed in work zones by drivers who are speeding or who are simply inattentive.

81 people were killed in work-zone related accidents in a two year span from 2006 to 2008 ; 29 in 2006, 21 in 2007 and 31 in 2008. The Illinois Department of Transportation (IDOT) and state officials are urging drivers to slow down and respect the workers and the construction projects. Motorists need to obey the posted speed limit in a construction zone regardless of whether there are workers present or not. According to Priscilla Tobias, the State Safety Engineer for IDOT, "Conditions such as narrow or reduced lanes, edge drop offs, equipment next to moving lanes of traffic and lane closures all require a reduction in speed within the work zone. This reduction in speed will not only help save a life of a worker, but it may very well save your life."

IDOT hopes to achieve zero worker fatalities and reduce the number of work zone crashes by five percent each year. to help achieve this goal, IDOT is urging drivers to slow down, put away your cell phones and limit other distractions as a work zone has many different situations happening that need your undivided attention.

If drivers aren't persuaded by these cautions, perhaps they will be persuaded by the possibility of a minimum $375 fine for speeding in a work zone. This fine increases to $1000 plus a 90-day license suspension for the second and any subsequent offenses. These fines apply regardless of whether workers are present in the work zone at the time of the offense. IDOT plans to use photo speed enforcement vans to reduce speeding in work zones. The photo speed enforcement vans are clearly marked and have a speed indicator board mounted on top displaying the motorist's speed, giving them time to reduce their speed before entering the enforcement zone. If a motorist fails to slow down after seeing their speed posted, a digital photo is taken of the vehicle, driver and license plate and sent in the mail to the registered owner of the vehicle.

Please, obey the posted speed limit in work zones and limit distractions so that everyone arrives home safely.

Red light cameras have been sprouting up all across the nation, nabbing drivers who violate red lights and arguably preventing accidents and saving lives. However, new studies conclude that these cameras actually INCREASE crashes and injuries. Consequently, opponents of the cameras have a new argument in their arsenal: safety.

A 2007 Virginia Department of Transportation study found that the cameras were associated with a 29% increase in total crashes. A 2006 Canadian study reported a whopping 58% increase in the number of traffic collisions from 2003 to 2004. The Washington Post found that crashes at locations with cameras more than doubled, from 265 in 1998 to 755 in 2004. Researchers found that people slam on their brakes to avoid getting a ticket in the mail. These sudden stops often result in rear-end collisions when the vehicle(s) following behind fail to react quickly enough.

Supporters of red light cameras argue that rear-end accidents are less serious than t-bone accidents, but the validity of this argument is in doubt. The Washington Post reported in 2005 that injury and fatal crashes at intersections with cameras increased by a startling 81%.

The debate regarding the use of red light cameras is certain to rage on. Personally, I can see both sides of the argument, but these studies highlight concerns that legislators should consider and discuss.

Continue reading " DEBATE IN ILLINOIS RAGES REGARDING THE USE OF RED LIGHT CAMERAS " »

Two teenage sisters from southern Illinois were killed in November 2007 when an Illinois State Police trooper crossed the median and slammed head-on into their vehicle.

A recently filed lawsuit alleges that the trooper was talking on his personal cell phone and driving 126mph just before the deadly crash. The trooper was reportedly responding to an accident, but evidence indicates that the accident was already under control and the injured passenger was already in an ambulance.

The trooper has been charged with two counts of reckless homicide as well as two counts of aggravated reckless driving in relation to two other people who were injured in the collision. Each homicide count carries up to five years in prison; each reckless driving count carries up to three years.

The family of the teenage sisters has sued both the trooper and the state. Because the State of Illinois is named as a defendant, the case will not be heard by a jury. Rather, the case will proceed through the Illinois Court of Claims and will be heard by a panel of seven justices appointed by the governor.

The 30-year old trooper has been involved in two other on-duty crashes and settled a separate civil lawsuit for $1.7 million.

My deepest condolences to the family of these two young ladies. Tragedies like this are preventable and regrettable.

Continue reading " LAWSUIT ALLEGES ILLINOIS STATE TROOPER WAS TALKING ON CELL PHONE, SPEEDING " »

At least nine people were reported injured when a car went off the road and collided with a CTA Blue Line train on the Eisenhower Expressway in Chicago, IL early on June 11, 2009.

Crews responded about 4:20 a.m. to a report of a crash with injuries on the inbound Eisenhower Expressway (I-290) near Austin Boulevard. According to police, the chain of events began when a 2008 white Dodge Charger driven by Jose Rivera, 31, of the 1500 block of North 31st Street in Melrose Park, rear-ended a woman driving a 2007 Ford Taurus, causing them both to lose control.

The woman struck a guardrail, but Rivera's vehicle flipped over and crossed the tracks.

The crash occurred in a construction zone where the speed limit is 45 miles per hour.

Rivera got out of the car and took off. The car was abandoned for a few minutes when the train hit it. Rivera was cited with improper lane usage and no insurance but further citations are pending the crash.

Continue reading " CAR COLLIDES WITH CTA BLUE LINE TRAIN ON EISENHOWER " »

Scientists from Cambridge, Massachusetts are continuing to stress the importance of truck drivers being screened for sleep apnea. Obstructive sleep apnea (OSA) is a disease that includes sleep-disordered breathing, resulting in excessive daytime sleepiness, sleep attacks, psychomotor deficits and disrupted nighttime sleep.

Although many smaller trucking firms are increasingly screening their employees for the disorder and paying for the treatment, some larger firms are still resisting. Unwilling companies claim that safety standards should be based on a driver's performance and driving record, not on the sleep apnea study.

Nevertheless, scientists from Harvard and the Cambridge Health Alliance maintain that sleep apnea has a major impact on truck drivers and highway safety. The study points out that sleep apnea increases the risk of an accident by two to seven times and up to 20% of truck crashes are estimated to be the result of drivers falling asleep behind the wheel. Similarly, 28% of drivers have sleep apnea, which is astonishing and scary to know that amounts to nearly 4 million commercial drivers.

The only way to make a dent on this issue is for the federal government to require mandatory screening of drivers for the disorder. The Law Offices of Jeffrey J. Kroll has posted previously on sleep apnea and we strongly support such a measure that could potentially help to reduce the amount of truck fatalities.

Continue reading " SCIENTISTS CONTINUE PLEAS FOR SLEEP APNEA SCREENING FOR TRUCKERS " »

Recently, City of Chicago Finance Committee Chairman Edward Burke introduced an ordinance aimed at red light offenders. Burke's ordinance directs the city's Department of Administrative Hearings to launch a "red light education program."

With this new program, red light offenders would complete an educational program similar to what most teenagers in the State of Illinois are required to complete after they run a red light. Bruke reasoned that in 2008, there was a 40% drop in teen deaths due in part to the educational programs. The alderman believes that the same treatment for adults could lead to significant reductions in the number of intersection automobile accidents.

The cost of this program would be funded by a $25 fee assessed to individuals in addition to their $100 ticket fees. Failure to complete the program would result in an additional $50 fine.

Burke also noted that 27% of the nearly six million roadway accidents each year occur at intersections. Alderman Burke would also like to utilize the red light cameras to determine insurance violations.

Currently, the City of Chicago has 143 red light cameras with an expected 39 more to be installed this year. The city projects at least 330 red light cameras by 2012. In the past year, the use of red light cameras resulted in 579,560 tickets and generated $44.8 million in revenue. During the first three months of this year, 148,612 tickets were issued because of red light cameras bringing in $13 million for the city.

Most importantly, the use of red light cameras has been credited with a 59% reduction in drivers running red lights. The Law Offices of Jeffrey J. Kroll supports any ordinance or legislation which would reduce or eliminate the number of traffic fatalities. All too often, people are killed due to carelessness at intersections.

Continue reading " CITY ALDERMAN WANTS SCHOOL FOR RED LIGHT CAMERA OFFENDERS " »

A study that will be published in the August issue of the American Journal of Medicine indicates that bankruptcies due to medical bills have increased by nearly fifty percent in a six-year period. This year, it is estimated that 1.5 million people will be declaring for bankruptcy. Many people may chalk that up to over-spending or lavish lifestyles, however, this new study suggests that close to sixty percent of people who go bankrupt are actually overwhelmed by medical bills.

The sad part of this study is that seventy-eight percent of the people with a medically-related bankruptcy actually had health insurance. Many of these people that are declaring bankruptcy actually have gaps in their coverage like co-payments, deductibles and uncovered services. Similarly, some people that had private insurance became so sick that they lost their jobs and insurance.

Obviously, this is a big concern. The Law Offices of Jeffrey J. Kroll see this happening frequently when innocent victims are the result of medical malpractice or a trucking accident that causes someone to become disabled and unable to work. When that occurs, the medical bills continue to rise and people become overwhelmed. Our offices have experience in addressing these situations. If you have any questions, please do not hesitate to contact us.

I have found mediation to be a successful method for resolving personal injury and wrongful death cases. Although some cases do necessitate a trial to get resolved, mediation is a beneficial process and, in my mind, certainly worth a try. Using mediation, I recently received a $2,800,000 settlement on behalf of a 22-year-old female who was rear-ended and killed in Kendall County, Illinois. She was survived by her mother, her father and her brother.

Mediation is a structured process in which a mediator meets with the involved parties to assist them in reaching a solution that is acceptable to everyone involved. Unlike a jury trial, the decision-making authority ultimately belongs to the parties. The process encourages the parties to explore creative options and to discuss difficult situations.

Mediation saves time and money. In addition, it promotes communication and empowers the parties to make their own decisions while often breaking the impasse that cases sometimes reach.

Continue reading " MEDIATION IS A SUCCESSFUL METHOD FOR CONFLICT RESOLUTION " »

A 19-year old man from Chicago's suburbs died early Saturday after falling down an elevator shaft at an apartment building in Ames, Iowa. The incident occurred at 12:30 a.m. Legends American Grill is located on the seventh floor of the building.

Ames police said the man was a graduate of Hinsdale South High School and was visiting friends at the time of the accident. This was certainly a tragic occurrence for a young man who had his whole life ahead of him.

The incident occurred at Legacy Tower, which is located just south of the Iowa State University campus at 119 Stanton Ave. The building is seven stories high.

Throughout my career as an attorney, I have seen injuries and wrongful deaths in elevators caused by poor maintenance and defective products. Often, there is a cause of action against building owners for failure to have the necessary maintenance performed on elevators. Elevator manufacturers, maintenance providers and other entities or individuals may also be liable.

Continue reading " DEADLY FALL IN ELEVATOR SHAFT FOR HINSDALE MAN " »

A 2-year-old boy was seriously hurt after falling from a second-floor window of a Northwest Side residence. The incident happened about 5:45 p.m. in the 3600 block of West Shakespeare Avenue in the Logan Square neighborhood. Apparently, the boy was looking out the window at his father, who had just arrived home, when the window's screen gave way. Police said the boy fell out of the window onto some dirt.

Hours earlier in the Mayfair neighborhood, a 4-year-old boy fell from a window in the 4600 block of North Kenton Avenue. "He might have been playing near [the window]," said Police Officer JoAnn Taylor.

Police said the 4-year-old suffered skull and wrist fractures, and there were other people inside the apartment when the incident occurred. The boy was found crying by either a family member or family friend on the patio after the fall, police said.

I recently posted a blog on hidden hazards for children in the home and windows were part of my discussion. A screen will not hold back a child from falling. Consider placement of furniture and installation of window guards to prevent a similar tragedy.

There was a bus accident this morning in northwest Indiana that took the life of a little girl. Around 8:15 a.m, an 11-year-old Schererville girl was killed when she was struck by a school bus. According to news reports on the bus accident, her mother drove her to the stop at 75th Avenue and Pershing Road, and the girl ran to catch the bus. Sadly, she was hit by the moving bus.

Schererville police and fire departments responded to the accident. The young girl was initially taken to Saint Margaret Mercy Hospital in Dyer for treatment, but she was transferred to a Chicago trauma center around noon.

I have previously written on this blog about the importance of school bus safety. At the beginning of this past school year, on September 11, 2008, I wrote about ways for school districts to protect our children who are riding buses. As the schools let out for summer, I hope that school districts and bus companies continue to consider ways of improving school bus safety for the sake of our children.

Two passengers standing on the top level of a double-decker bus were killed when their heads struck the Interstate 57 overpass on Illinois Highway 16 in Mattoon, just west of Charleston, IL. The 22-year-olds were returning on the rented bus from a day of boating at Lake Shelbyville, about 200 miles south of Chicago. There were about 50 people on the bus and most of the students were from Eastern Illinois University.

The tragedy occurred about 7:24 p.m. After the accident, the bus driver drove the victims to the Sarah Bush Lincoln Health Center in Mattoon. They were taken to Carle Foundation Hospital in Urbana, where they were pronounced dead Sunday morning.

One of the young men was from Yorkville, IL and the other from Clarendon Hills, IL, a Chicago-suburb. The young man from Yorkville was described in news reports as an avid outdoorsman. The young man from Clarendon Hills was an active member of his fraternity and his former roommate described him as "the nicest man you would ever want to meet." It is a horrible tragedy that these two individuals died in this preventable incident.

A missing Air France jet, Flight 447, carrying 228 people from Rio de Janeiro to Paris ran into a towering wall of thunderstorms over the Atlantic Ocean. The vast area where the plane could have gone down was in the deep Atlantic Ocean waters between Brazil and the coast of Africa.

Brazil's military searched for it off its northeast coast, while the French military scoured the ocean near the Cape Verde Islands off the West African coast.

The 4-year-old Airbus A330 left Rio on Sunday at 7:03 p.m. local time with 216 passengers and 12 crew members on board.

The plane left Brazil radar contact, beyond the Fernando de Noronha archipelago, at 10:48 local time, indicating it was flying normally at 35,000 feet and traveling at 522 mph.

About a half-hour later, the plane "crossed through a thunderous zone with strong turbulence." It sent an automatic message fourteen minutes later reporting electrical failure and a loss of cabin pressure.

Air France told Brazilian authorities the last information they heard was that automated message reporting a technical problem before the plane reached a monitoring station near the Cape Verde islands.

The last night in May was a tragic night in Chicago for motorcyclists as two men were killed Sunday night in separate crashes in the Chicago area.

A 32-year-old man was fatally injured in a motorcycle accident that occurred in the 2100 block of West Fullerton Avenue in Chicago. Also, a 38-year old man was fatally injured in a motorcycle accident at 26th Street and East End Avenue in Chicago Heights.

May was Motorcycle Awareness month. Last night's tragic deaths demonstrate the need for continued safety training and motorcycle awareness.