Chicago Accident and Injury Lawyer Blog

A new study conducted by the Virginia Tech Transportation Institute concludes that truckers who text while driving are 23 times more likely to crash or get into a near-wreck than an undistracted driver, while car drivers face the greatest danger when dialing their cell phones.

Researchers found the most shocking statistic to be the length of time that drivers' eyes were not on the road. For nearly five seconds out of a six-second window, drivers' eyes were averted from the roadway ahead of them and instead focused on their cell phone. A news release regarding the study put this finding into perspective,noting that if a highway driver takes his eyes off the road for even 4.6 seconds it equates to a traveling the length of a football field at 55 mph without ever looking at the road.

The researchers were unanimous in agreeing that texting should be banned. Indeed, they found "no redeeming factors associated with why a driver would be able to text and drive." The researchers acknowledged that they are not legislators, however, but hoped that these findings would help prompt legislation to ban not just texting while driving, but the use of cell phones altogether.

On July 23, 2009, a Newton Superior Court sitting in Kentland, Indiana, approved a one million dollar settlement for four individuals who sustained injuries on October 31, 2007. The Law Offices of Jeffrey J. Kroll represented one of the passengers. That passenger received $943,000.00 of the one million dollar settlement proceeds. The plaintiff, a passenger in the commercially-owned vehicle, sustained serious, permanent injuries resulting in paralysis from the waist down when she was thrown from a vehicle that was making a turn. The three other passengers in the vehicle settled their respective cases for a total of $57,000.00.

Continue reading " ONE MILLION DOLLAR SETTLEMENT IN INDIANA CAR CRASH CASE " »

The U.S. Department of Transportation recently announced that the number of overall trafffic fatalities reported in 2008 hit their lowest level since 1961 and that fatalities in the first three months of 2009 continue to decrease. The fatality rate, which accounts for variables like fewer miles traveled, also reached the lowest level ever recorded.

The number of fatalities in 2008 was down 9.7% from 2007 with a highway death count of 37,261. The fatality rate was 1.27 person per 100 million vehicle miles traveled (VMT), about 7 percent below the rate of 1.36 recorded for 2007. Illinois fatality statistics reflected the national trend. In 2008 there were 1,043 traffic fatalities, down an impressive 16% from 2007 in which 1,248 people were killed in car accidents. In both 2007 and 2008, 35% of Illinois traffic fatalities were alcohol-related.

Nationally, the first quarter of 2009 continued this trend with 7,689 fatalities, which represents a 9% decline from last year. January-March 2009 marks the twelfth consecutive quarterly decline.

Unfortunately, the 2008 statistics report that motorcycle deaths increased for the 11th straight year and now account for 14% of all highway fatalities.

Transportation Secretary Ray LaHood acknowledged the decrease in fatalities but maintained that "we still have a long way to go." LaHood credited increased seat belt use, safer roads and highways, better vehicle safety and the curtailing of impaired driving with the declining death rate.

The National Highway Traffic Safety Administration announced Friday that certain Dorel Juvenile Group's Maxi-Cosi Mico infant child restraints are being recalled. The recall was prompted because of attachment difficulties between the infant carrier and the base. If the carrier is improperly mounted to the base, the child could be injured in the event of a crash.

The affected models include the Maxi-Cosi infant child restraint systems, models 22-371 and 22-372, and Maxi-Cosi Mico infant child restraint system - base only, model 22-515, produced from July 2007 through February 17, 2008.

Consumers should stop using these products immediately. Dorel will replace the Mico base free of charge.

Parents and caregiver are urged to sign up with the NHTSA to automatically receive updates about child seat recalls via email. Sign up for recall notifications from the federal government by visiting www.safercar.gov and clicking on the "e-mail" or "RSS" option to register.

A woman driving her minivan carrying two of her children and three young nieces drove onto a suburban parkway heading in the wrong direction, leading to a fiery crash that killed eight people and left a 5-year-old boy severely injured.

The minivan involved in the fatal crash was traveling south in the northbound lanes when it hit an SUV and then careened into a third vehicle. The minivan rolled down an embankment and burst into flames.

The children who died were girls ages 2, 5, 7 and 9. The fifth child, a boy, age 5, was hospitalized.

According to the National Highway Traffic Safety Administration's Fatal Accident Reporting System, in the United States, about 350 people are killed each year in accidents caused by drivers headed in the wrong direction on the highway.

Continue reading " WRONG WAY CRASH KILLS 8 IN NEW YORK " »

The Illinois Department of Transportation's Division of Traffic Safety recently released its findings of a June 2009 observational study regarding seat belt usage in Illinois. The study was conducted statewide during June on both high volume state highways ad low volume local roads and residential streets. The survey was conducted between 7:00 a.m. and 6:30 p.m. and observations were restricted to front seat occupants of cars, SUVs, taxis, vans and pickup trucks.

126,680 front seat occupants were observed during the survey which provided a statistically representative sample of the state as a whole. Of the 126,680 people observed a whopping 91.7% were wearing their seat belts. This represents a shocking 76% increase over results from a 1985 seat belt survey when only 15.9% of front seat occupants were observed using their seat belts. Indeed, 2009 marks the highest usage rate ever since the annual survey began 24 years ago.

The collar counties (DuPage, Kane, Lake, McHenry and Will) had the highest usage rate at 93.1%, closely followed by the downstate counties at 93.0%. Cook County had a seat belt usage rate of 90.2%. The city of Chicago had the lowest seat belt usage rate at 86.8%.

Of the various road types on which front seat occupants were observed, people on the interstate highways used their seat belts the most. Of the 34,255 people observed on the interstate, 95.3% of them were wearing their seat belts. On Illinois highways, 91.3% were observed wearing their seat belts. Residential roads saw the lowest seat belt use rate with a respectable 89.9%.

The survey also found that people were more inclined to buckle up on the weekends (92.9%) as opposed to the weekdays (90.3%).

These are some excellent statistics and I hope they continue to improve over the years so that one day Illinois will have a 100% seat belt usage rate. There is no question that seat belts save lives, so remember to always buckle up.

One month into summer and everyone is adjusting to pleasant, warm weather and enjoying summer's pastimes -- pool parties, barbeques, bicycling, and more. Unfortunately, with the nice weather and increased outdoor activities, hospital emergency departments are entering what is known in the medical industry is known as "trauma season." Recently, U.S. News & World Report compiled a list of some common trauma-season causes of unintentional injury to kids -- and simple ways to avert such disasters.

(1) Drowning. In summer, kids drown at nearly twice the rate that's typical for the rest of the year. The most basic, common-sense advice to prevent children from drowning is to have an adult watching at all times. Lifeguards aren't a universal remedy. Parents also shouldn't overestimate the protective value of swimming lessons, especially in younger children. Additionally, backyard pools should be surrounded by fencing on all sides and have a self-locking gate so kids cannot wander out the back door and jump into the pool.

(2) Bike accidents. Deaths related to biking increase about 45 percent in summer. Although Illinois doesn't have a bicycle helmet law on the books, children should be wearing properly fitted helmets whenever riding bicycles. A properly fitted helmet sits on a child's head two adult finger-widths above the child's eyes. The strap fits snugly below the child's chin, but still allows the mouth to open and close. The Y-straps fall just below the ears. Only purchase helmets that meet the standards of the Consumer Product Safety Commission (look for the CPSC sticker inside the helmet). If a helmet has been involved in any sort of accident, replace it.

(3) Motor vehicle-related accidents. Motor vehicle crashes are the leading cause of death among kids ages 3 to 14 in the United States. In addition to safe driving, a properly fitted car or booster seat is essential to preventing a child's injury or death in an accident. Only kids who are at least 4-foot-9 and weigh 80 to 100 pounds can safely wear a seat belt. Since approximately 73 percent of car seats are either installed wrong or aren't used correctly, parents should have their car seats checked at a car-seat inspection station or a local fire department.

(4) Pedestrian accidents. A 16 percent spike in child pedestrian deaths is seen during this time of year, with close to 10 percent of injuries occurring in a driveway. Some simple advice: Don't trust a car camera that allows a driver to watch a screen on the dashboard for a shot of the field to the rear. Such cameras may have blind spots. Always walk around the back of your car before getting in and driving away.

(5) Burns. Often, children are burnt after a fire had gone out, when adults let down their guard, and a child stumbles into the white ashes, which remain searing hot. Children should not ever be allowed to spray lighter fluid into a barbeque or fire pit. The fire can light the arc of fluid all the way up to the container, which can explode in the hand. And of course, parents should not allow children to lit fireworks under any circumstances. According to the CDC, a third of individuals injured by fireworks are under the age of 15.

(6) Falls. Fall-related deaths spike in the summer, up 21 percent over the average during the rest of the year. Prevent children from falling out of open windows by always supervising their activities and installing window guards. Keep furniture (including the changing table) away from windows and install bars or a childproof gate on windows. Never allow kids to play on balconies or roofs. At the playground or pool, avoid trips and lost balance by dressing your child in sneakers with adequate rubber soles (not crocs or flip-flops).

(7) Accidental strangulation. Hooded sweatshirts or anything dangling around their necks while playing at a playground could be a potential strangulation hazard caught in a piece of equipment. Remove such items from your children before play.

(8) Trampoline injuries. A recent study in the British Medical Journal found that the risk of trampoline injury increases with the number of bouncers. Trampolines should have safety walls and coverings over the springs, and only one bouncer at a time should be allowed on it.

Click here to read the U.S. News & World Report article in its entirety.

The Law Offices of Jeffrey J. Kroll has been retained by the family of Wesley VanValkenburg to pursue a potential wrongful death case in Kauai. On Saturday, June 20, 2009, the 30-year old, his wife and their son were driving near the Wailua golf course when a crash took place that tragically ended Wesley's life. A collision occurred between a motorcycle and a big rig truck and the truck crossed the center line and struck the family's rental car. Both vehicles ended up in a nearby ditch. VanValkenburg and the truck driver, 25-year old Scott Aviguetero, were both killed. VanValkenburg's family survived. The wife and son were transported to the hospital and treated for their injuries.

The Kauai Police Department is investigating the crash.

Wesley was the youngest of five siblings, a firefighter and a paramedic. Sadly, this young family has been deprived of their loving husband and devoted father.

Continue reading " CHICAGO PERSONAL INJURY LAWYER JEFF KROLL RETAINED TO REPRESENT FAMILY OF UNION, ILLINOIS MAN KILLED IN HAWAII " »

A Milan, Illinois McDonald's employee infected with hepatitis A, who worked while ill for seven days in July, possibly spread the virus to McDonald's patrons who consumed food or beverages at the restaurant from July 6-10 or July 13-14. Authorities are urging an estimated 10,000 people who ate at the Milan McDonald's during this time period to seek out preventive treatment for the virus.

Illinois Health officials reportedly did not know about the case until July 13. McDonald's corporate office released a statement that said the restaurant learned of the case from health officials on that day. Authorities are trying to learn why the case went unreported for more than three weeks. Rock Island County Officials in particular are asking for an investigation into the outbreak and handling of the situation, requesting the sheriff's department to look into the outbreak.

Rock Island County Health Department is currently administering free hepatitis A vaccinations to people ages 1 to 40, who may have been exposed to the virus. Others can receive immune globulin, a substance rich in antibodies that is given as a shot. Preventive treatments are most effective within two weeks of exposure, health officials said. With the public health and tax dollars at stake, county officials want to know whether the outbreak could have been avoided and who is at fault.

According to the National Institute of Health, hepatitis A is spread primarily through food or water contaminated by feces from an infected person. Thus, in restaurant outbreaks, hepatitis A is usually spread by a worker who didn't wash his or her hands properly after using the bathroom. The Illinois Department of Public Health regulates food service sanitation in Illinois, including when and where food service employees must wash hands while engaged in food preparation. Restaurant owners have a duty to make sure their restaurant maintains the highest of sanitary standards and remove employees affected by such highly communicable diseases like hepatitis A.

The hepatitis A virus can cause liver swelling. Symptoms include fatigue, abdominal pain, jaundice, vomiting and fever and can appear from 15 to 50 days after exposure. Very few cases of hepatitis A are fatal; however, if you are suffering from any of these symptoms, contact a doctor immediately.

On January 24, 2008 Scott Hirschey and his best friend, Chicago news anchor Randy Salerno, were snowmobiling in the Northwoods of Wisconsin. Hirschey was driving with Salerno on the back. According to police reports, Hirschey missed a trail entrance and hit an embankment, sending the snowmobile 20 feet in the air before hitting a tree. Hirschey's blood alcohol content was .183, more than double the legal limit.

Hirschey was charged with one felony count of homicide by intoxicated use of a vehicle in the death of his friend. Just last week a plea agreement was reached. Hirschey will serve three years probation and 100 hours community service. He will be able to complete his probation in Illinois. A felony conviction will be on his permanent record.

This story once again underscores the dangers of mixing drinking and driving. Any type of vehicle, be it a car, a boat or a snowmobile should never be driven when you have been drinking. The potential results are too devastating to take a chance. Tragedies that result from drinking and driving are 100% preventable. Designate a driver anytime you will be drinking.

Two Illinois teenagers were seriously injured Friday when the water tubes they were riding on collided with a floating wooden dock on Round Lake in Van Buren County, Michigan. The boys, ages 11 and 17, were riding on individual tubes and being pulled by a speed boat. When the boat turned toward shore, a third tube ridden by a 13-year-old boy struck the other two tubes. The collision caused the tubes carrying the 11-year-old and 17-year-old to spin toward shore where they struck a floating wooden dock and were ejected from the tubes. The older boy landed on the dock, while the younger boy struck the dock's side and came to rest under it.

The 11-year-old suffered severe head trauma and multiple internal injuries and was flown to South Bend Memorial Hospital's trauma center in Indiana. The older teen also suffered severe internal injuries, multiple scrapes on his arms and a cue to his face and was also taken to the trauma center in South Bend. The 13-year-old boy on the third tube was uninjured in the incident. The boat's drive and four other passengers on the speed boat were unharmed.

Tubing can be a fun summertime activity, but it is important to keep the following safety tips in mind so that your tubing experience is not just fun, but also safe.

* Always wear a personal flotation device (PFD) when tubing. A life jacket is especially important in the event that the rider should become separated from the boat.

* Know your equipment. Be familiar with the capabilities of your water sports tubing equipment. It is important to follow the manufacturer's recommendations for water tubing capacity in terms of size and weight, number of riders, age limits and maximum towing speed.

* Know your rider. Know the capability of your rider, especially when young children are involved. While sharp turns, high speeds and big waves can be fun, these should never come at the expense of rider safety.

* Use a spotter. Designate one person on board the boat as a spotter who will keep a look-out for water tubing accidents or see if anyone has fallen off the tube. The driver of the boat should concentrate on oncoming obstacles, not on the people riding on the tubes.

* Be aware of water regulations, in particular, be mindful of towing speeds.

* Drive responsibly. The driver should be alert, sober and have a solid grasp of boating rules and regulations. be respectful of and keep your distance from other boats in the area when pulling tubes and always keep an eye out for additional water hazards such as rocks, docks and buoys.

* Use a secure tow line. Check for sings of wear, tear and fraying and replace as needed. Be sure to only use rope that is specifically designated for towing inflatables. Make sure the tow line is securely tied before take off.

* Never start the boat without first making sure that your rider is ready to go, meaning they have a firm grip on the line, are properly positioned on the tube, and that the line is properly and safely positioned.

* Handle wakes with care. Slow the boat speed when crossing wakes. Bouncing off wakes at extremely high speeds has been known to cause back injury, especially with riders who are water tubing stomach-down.

* Exercise caution when pulling more than one tube. It is especially important to travel at slower speeds and keep an extra careful eye out if you are boat tubing with more than one tube. Dual water sports tubing can often result in large crashes and serious accident should the tubes collide.

Continue reading " TWO TEENS INJURED IN TUBING ACCIDENT " »

The number of public transit riders seems higher than ever. Here are a few tips on staying safe as a commuter:

∙ Trains can come on any track, at any time from either direction. Never assume you know when and where to expect a train.

∙ Cross rail tracks only at clearly marked and designated crossings, and look both ways for trains before crossing.

∙ Slow down and be alert near commuter rail stations. Pay special attention for trains, pedestrians, bicyclists, buses and cars.

∙ While waiting for the train, always stand behind the yellow line on the station platform.

∙ Never lean over the yellow line because you may fall over onto the tracks.

∙ Listen for bells and horns because they can alert you of an oncoming train-even if you cannot see it.

∙ Cross rail tracks only at clearly marked crossings.

∙ Never run on a station platform.

∙ Do not approach a train until it has come to a complete stop.

∙ Do not stick arms or legs in train doors to prevent them from closing.

∙ Do not skateboard, rollerblade or bike on a train station platform.

∙ When riding a train, you should remain seated but if you must get up use handrails due to unexpected movements or stops.

∙ Never place or throw anything on rail tracks. Foreign objects may cause trains to derail, potentially injuring passengers and bystanders. Also, objects on the rails may also shoot out from under train wheels endangering bystanders.

∙ During the winter months or wet weather, be careful on the station platforms or tracks as they may be slippery.

∙ Stay alert. Trains are more difficult to hear and see during storms.

∙ During the winter and wet conditions, train passenger car floors may be slippery. Use caution and handrails when boarding and exiting trains.

There are over 8 million large trucks that travel United States roads every day. Unfortunately, many of these drivers are operating on very little sleep. Truck driver fatigue is one of the major causes of trucking disasters in our country. Sadly, many large trucking companies are pressured by profit margin and companies are placing deliveries over the public’s safety.

According to the Federal Motor Carrier Safety Administration, more than 750 people die and 20,000 more are injured each year due directly to fatigued truck drivers.

If you have been injured or a loved one has been killed in a fatal tractor/trailer truck collision, it is important to consider your legal options. Several factors are considered when an attorney investigates a collision. Our law firm and expert witnesses can review the driver’s log to determine the number of hours of driving leading up to the collision. When taking the deposition of the driver, our experience in depositions and truck accident trials allows us to craft questions about the driver’s period of sleep or sleep immediately prior to the accident as well as his long-term sleep activities and driving schedule. Some of this information will then be compiled and can be a good indicator of whether driver fatigue was a factor in a collision. Similarly, our firm considers the driver’s working conditions to see if his or her work environment or company guidelines contributed to their lack of sleep. Quite often, a truck driver’s working conditions can be a factor contributing to driver fatigue. Some drivers that are paid by the mile or by the load have a financial incentive to drive without sufficient periods of sleep. Unfortunately, this financial incentive is a safety disincentive to the motoring public.

Continue reading " TRUCK DRIVER FATIGUE PLAYS A ROLE IN ACCIDENTS " »

One week ago, a young mother and her 4-year-old son were killed in a head-on collision after the driver in the oncoming car fell asleep at the wheel. The 17-year-old driver of the oncoming car admitted to police that he was returning from an all-night fishing trip. He was cited for driving under the influence of marijuana, driving too fast for conditions and driving in the wrong lane.

The Tazewell County State's Attorney's Office may press criminal charges against the teen for reckless homicide or aggravated driving under the influence. Prosecutors are awaiting blood test results for drugs and alcohol before formally charging him.

The 27-year-old mom and her 4-year-old were heading to mud pits in Manito, Illinois where they were going to join friends and go off-roading in 4-wheel-drive trucks. A benefit fund has been established at all CEFCU locations to help pay for funeral expenses.

This story underscores the importance of never operating a vehicle when under the influence of alcohol and/or drugs. Substances impair judgment, and slow down the central nervous system which causes a decrease in motor coordination, reaction time and intellectual performance. Driving while drowsy can be just as dangerous. Never drive when you are too tired. Falling asleep at the wheel can have catastrophic results.

My most heartfelt condolences to the family of these two lives cut short. This accident was completely preventable and it is my hope that the teenager responsible for this horrific tragedy is prosecuted to the full extent of the law.

A new report published in the journal "Traffic Injury Prevention" concludes that October has the highest death rate per distance driven. In fact, the danger of dying in a car accident is 16 percent greater in October than in March, the safest month.

Researchers analyzed monthly fatal car accident figures in the U.S. from 1994 to 2006 and found October had a death rate of 10.2 per billion kilometers, compared with March's 8.8 per billion kilometers. The next deadliest months were November and December, respectively. February and April are the next safest after March.

Michael Sivak, of the University of Michigan Transportation Safety Institute in Ann Arbor and author of the report, was not able to determine the reason why October driving is more deadly than March driving. He believes it is the result of several factors. A key factor could be daylight, however. The shortening of the daytime coupled with the end of Daylight Savings Time results in more hours of darkness when driving is substantially riskier.

According to the study, traffic deaths in the U.S. fell from 10.7 to 8.8 per billion kilometers driven from 1994 to 2006. Additionally, the National Highway Traffic Safety Administration recently announced that 7,689 motorists were killed in January through March this year, a 9 percent decline from a year ago and a low not seen in nearly 50 years. Although these are hopeful statistics, traffic safety advocates say there is little room for pride or complacency. The reality is that the majority of traffic fatalities result from preventable accidents. Distracted driving, failure to use a seat belt, dozing at the wheel, and driving recklessly or under the influence account for a number of traffic deaths. These are all things that you, as a driver, can control. Put away your cell phone. Buckle up. Stay alert. Don't drink and drive. Drive with care. With a continued concerted effort by conscientious drivers, these statistics can improve even more.

Continue reading " OCTOBER DEADLIEST MONTH FOR DRIVING " »

A retired University of Illinois professor, his wife, and their 9-year-old granddaughter were riding in a vehicle Monday afternoon near the LaSalle County line when they were struck by an Amtrak passenger train bound for California. Two other grandchildren, ages 10 and 7, were injured in the collision and taken to a hospital in Rockford. No passengers aboard the train were injured.

Initial police investigation evidence suggests that the southbound vehicle did not stop at the railroad crossing, but rather entered the crossing and was struck by the lead engine of the westbound train. The LaSalle county sheriff's office is continuing its investigation and has not released who was driving the vehicle at the time of the accident.

Just last week five teenagers in Michigan were killed when they tried to cross railroad tracks in the face of an oncoming train. These needless accidents are tragic and preventable. Please take caution when you approach a railroad crossing. Keep in mind that trains are much closer and faster moving than they may appear. Do not try to beat the train. Heed the warning signals and the gates. Waiting those few minutes for a train to pass will be worth it.

My most sincere condolences to the families affected by this tragedy.

Continue reading " 3 KILLED IN CAR-TRAIN ACCIDENT " »

The Village of Schaumburg removed red-light cameras near Meacham and Woodfield Roads, citing no improvements in safety and a flood of angry-motorist grief, after cameras at the single intersection netted more than $1 million in tickets.

I have previously blogged about the use of red light cameras and about a Chicago Alderman's wish for safety school for red light offenders.

Eighteen people were transported to local hospitals Monday afternoon after a semi-truck collided with a charter bus that was bringing students to Manhattan, Kansas after returning from Kansas City, MO. The bus was reportedly attempting to make a U-turn when it was rear-ended by the big rig.

Of the eighteen people injured, one person was reported to be in critical condition, four were treated and released and three were admitted to the hospital. Among the injured passengers is a baby.

Continue reading " CHARTER BUS CRASH IN KANSAS " »

A Chicago-bound Amtrak passenger train carrying 170 people collided with a car at a railroad crossing near Detroit on Thursday. All five passengers in the car were killed. The victims ranged in age from 14 to 19.

The railroad crossing has a gate and flashing lights that were believed to be working when the collision occurred. Based on witness accounts, police suspect the sedan went around the gate in an attempt to beat the train. The train travels 67 miles per hour at this particular crossing.

The accident occurred around 12:30 p.m. on Thursday in Wayne County, Michigan, about 20 miles west of Detroit. The vehicle was heading north when it attempted to cross the tracks and was struck. The train pushed the car about one mile from one road crossing to another. The victims remained in the car for more than three hours after the collision while police investigated.

An Amtrak spokesman said that the train crew was doing exactly what it should have been doing and that there was no malfunction of the train.

According to the Federal Railroad Administration, 119 people died in train accidents in which trains struck vehicles or pedestrians at railroad crossings.

The Center for Disease Control reports that a train hits a person or vehicle approximately every two hours. Of these collisions, nearly half occur at crossings with functioning, active warning devices. The CDC urges drivers to remember that trains cannot stop quickly or swerve to avoid collisions - an average train going 55 mph takes more than a mile to stop!

Keep the following safety tips in mind when you approach a railroad crossing:
* LOOK both ways before crossing. Trains can come from either direction.
* Come to a complete stop at all crossings with passive warning devices (no gates or flashing lights). Use caution and be prepared to STOP at all crossings with active warning devices (flashing lights, gates).
* Be aware that trains are much closer and moving faster than they appear to be.
* Never back up or stop on tracks. If gate comes down on the vehicle,
keep going through the crossing.

My most heartfelt condolences to the families of the teens killed in this preventable accident.

Continue reading " FIVE TEENS KILLED IN CAR/TRAIN COLLISION " »

A motorcycle and an automobile collided late Sunday night in Humboldt Park, injuring six people. Four of the six were in critical condition. All six were taken to area hospitals.

Early reports don't indicate whether the motorcyclist was wearing a helmet. Illinois is one of just a few states in the country that does not require motorcycle riders to wear helmets.

The Illinois Department of Transportation reports that while overall traffic fatalities were down in 2007, motorcycle fatalities rose by more than 18%. Illinois recorded 135 motorcycle fatalities in 2008. A majority of fatal crashes happen between May and September, when more motorcycles are on the road. July and August account for the most fatalities.

The legislative coordinator of ABATE of Illinois, an organization dedicated to preserving the rights of motorcyclists, says that prevention of accidents is the key.

The Illinois State Police offer these safety tips to motorcycle riders:
* Wear a helmet and other protective gear.
* Improve your visibility by wearing brightly colored clothing during the day and reflective clothing at night.
* Be alert for animals alongside and on the roadway.
* When riding with another motorcycle, stagger your position. This allows both riders to take evasive action safely should the need arise.
* Be aware of what's ahead. Safe riders remain aware of developing situations 12-16 seconds ahead. This includes other vehicles, potholes, roadway obstructions, and other potential hazards.
* Don't ride in the middle of the lane where oil and grease from cars and trucks collects. Avoid the potentially slick areas by riding in the tire tracks of other vehicles.
* Take a safety course.
* Never drink and drive.

Continue reading " MOTORCYCLE AND CAR COLLIDE IN CHICAGO NEIGHBORHOOD " »

A 60-year-old Illinois woman was attending a convention in San Diego last week when she was involved in a fatal pedicab accident. She reportedly hit her head on the ground after falling out of a moving pedicab in the downtown area. The pedicab was traveling in an area where pedicabs and bicycles are prohibited. The pedicab driver, a resident of Turkey living in the US on a work visa, was arrested and charged with involuntary manslaughter.

In response to the accident, four San Diego City Council members have called for stricter regulations and oversight of pedicabs. Approximately 400 pedal-powered, three-wheeled pedicabs roam the streets of San Diego, particularly in the summer months, when tourists abound. The city council members believe the death underscores the need to step up oversight of the industry.

New proposed regulations include banning three-wheeled taxis from sidewalks and from streets with speed limits greater than 25 miles per hour. The city also wants to cap the number of pedicabs allowed to operate at 250 and further limit the number allowed in high-traffic areas.

Since at least 2000, pedicab drivers have been required to register with the City of San Diego. Each cab must have seat belts, but riders are not required to wear them. Police said that pedicab involved in last week's fatality did not have seat belts. The driver was reportedly swerving through a no-pedicab zone when the woman was thrown from the vehicle.

My sincere condolences to the family and friends of this woman.

Continue reading " ILLINOIS WOMAN KILLED IN PEDICAB ACCIDENT " »

Spectators at a Fourth of July fireworks show in Merrillville, Indiana, were injured on Saturday night when a pedestrian bridge collapsed as thousands of people were leaving Hidden Lake Park. The bridge, which is reported to have had the capacity to handle 40 people, had twice as many people on it at the time of the collapse. Although the Merrillville Police Department positioned officers at either end of the bridge to control crowds, a rush of people leaving the Park after the show may have contributed to the bridge collapse.

The structural integrity of the bridge is also under suspicion, as a preliminary investigation revealed a cracked foundation in one of the bridge's steel supports. Investigators will review the bridge's construction and inspection records before making a final determination.

It is reported that between 50 and 120 adults and children fell about ten feet into the lake below the bridge when it collapsed. Rescuers pulled frantic injured swimmers from eight-foot deep waters. Approximately 25 injured people were treated at hospitals with the most serious injuries known to be a fractured collarbone and a broken leg.

Hidden Lake Park's Annual Fourth of July Celebration attracts over 15,000 visitors over a two-day period. Hidden Lake Park is part of the Ross Township Park System. The Park, which was temporarily closed after Saturday's tragedy, re-opened earlier this week.

A 24-year-old Wisconsin woman and her 16-month old son were killed in a car crash this past Friday night. Toxicology tests determined that the woman had a blood-alcohol level of .21, more than two and a half times the legal limit for driving in Illinois.

The crash occurred around 11 p.m. Friday night when the young woman's car, which was traveling southbound on the Tri-State Tollway near Russell Road, crossed a grassy median and struck a northbound car. The 16-month-old's car seat was ejected in the accident. Both mother and son died of multiple traumatic injuries. The woman's older child, a 2-year-old boy, was severely injured in the crash. He was taken by rescue helicopter to Advocate Lutheran General Hospital in Park Ridge. Reports say that his condition improved over the weekend. The four occupants traveling in the other car were treated and released at local hospitals.

According to Mothers Against Drunk Driving (MADD), someone is killed by a drunk driver every 40 minutes. In 2007, an estimated 12,998 people died in drunk driving related crashes. Fortunately this represents a 3.7 percent decline from the 13,491 drunk driving related fatalities of 2006, but nevertheless demonstrates that far too many people have died in completely preventable accidents.

My most heartfelt condolences to the loved ones of the family involved in this accident.

Two cyclists, a mom and daughter, were struck by a pick-up truck Sunday while riding their bikes in Kendall County. The 46-year old mother was pronounced dead at Rush-Copley Medical Center in Aurora. Her 25-year old daughter remained in fair condition Monday.

The man who hit the women, a 43-year-old Yorkville resident, was traveling east on Kennedy Road when he struck the cyclists who were also riding eastbound. Police charged the driver with improper lane usage. A preliminary investigation does not show sings of drug or alcohol involvement. Police also believe that speed did not play a factor in the accident.

All motorists need to remember to SHARE THE ROAD. Cyclists enjoy the same rights as motorists on the roads and are entitled, in fact required, to ride on the street alongside vehicular traffic.

Drivers, please keep these following tips, courtesy of the League of American Bicyclists, in mind when you encounter a cyclist on the road:

Drive Cautiously:
* Reduce speed when encountering cyclists.
* Don't tailgate, especially in bad weather.
* Recognize hazards cyclists may face and give them space.

Yield to Cyclists:
* Bicycles are considered vehicles.
* Cyclists should be given the appropriate right of way.
* Allow extra time for cyclists to traverse intersections.

Be Considerate:
* Scan for cyclists in traffic and at intersections.
* Do not blast your horn in close proximity to cyclists.
* Look for cyclists when opening doors.

Pass with Care:
* When passing, leave four feet between you and a cyclist.
* Wait for safe road and traffic conditions before you pass.
* Check over your shoulder before moving back.

Watch for Children:
* Children on bicycles are often unpredictable.
* Expect the unexpected and slow down.
* Don't expect children to know traffic laws.
* Because of their size children can be harder to see.

Continue reading " PICK-UP HITS 2 CYCLISTS; 1 DEAD " »

Two monorail trains at Walt Disney World collided early Sunday, killing a 21-year-old driver. The accident occurred when one of the trains rammed into the back of a stationary train.

There were eight people on board the train at the time of the accident. Six guests, all members of one family, were checked by paramedics at the scene and were uninjured. One other employee was taken to the hospital to be evaluated.

It is unclear what caused the crash. The monorail, which shuttles thousands of visitors around the resort each day, was shut down after the accident while authorities investigated the holiday weekend wreck. Disney is working with county authorities and the U.S. Occupational Safety and Health Administration in the accident investigation. Disney's vice-president for public affairs commented on the accident, calling it a "terrible day for us." He said Disney's commitment to safety is "legendary and...our top priority."

The U.S. Consumer Product Safety Commission (CPSC) reports that nearly 400,000 Simplicity Drop Side Cribs have been voluntarily recalled due to a suffocation hazard.

According to the CPSC, the crib's plastic hardware can break or deform, causing the drop side to detach. When the drop side detaches, it creates space between the drop side and the crib mattress. Infants and toddlers can roll into this space and become entrapped which can lead to suffocation.

At least one child, an 8-month-old from Houston, has died after becoming entrapped and suffocating between the drop side and the crib mattress. The CPSC is also aware of 25 additional incidents involving the drop side detaching from the crib.

Simplicity previously recalled 600,000 drop side cribs with similar defects in September, 2008. In 2007, nearly 1 million older model drop side cribs were recalled after two children became entrapped and suffocated.

The CPSC urges consumers to immediately stop using the recalled cribs and find an alternative, safe sleeping environment for their baby. Purchasers of the recalled crib may return the crib to the place of purchase for a refund, replacement or store credit.

Continue reading " SIMPLICITY CRIBS RECALLED FOR SUFFOCATION RISK " »

As an attorney in Chicago who represents victims of car crashes, I urge you to not speed in highway construction zones because the effects can be devastating. The state of Illinois is serious about speeding in construction zones as well and is issuing offenders speeding tickets.

Many people in Chicagoland may have received a chain email in recent weeks warning about speeding in highway construction zones. The warning highlights the risks of going even just a mile over the speed limit in construction zones (45 mph). Photo radar machines and police officers may issue citations of a $375 minimum fine for first time offenders and an $1,000 dollar fine - plus a 90-day license suspension - for repeat offenders. Also, under Illinois state law, drivers who hit or kill a worker on the road may incur a $10,000 fine and 14 years in prison.

Continue reading " DO NOT SPEED IN HIGHWAY WORK ZONES! " »

Safety is extremely important on construction job sites. Unfortunately, five people were recently hospitalized while working on a 65-foot column of reinforced steel rods that collapsed at a McCarran International Airport construction site in Nevada. The five people were trapped underneath the wall for an unspecified amount of time. All five were pulled alive from under the rubble and rushed to the hospital.

Continue reading " CHICAGO CONSTRUCTION INJURY ATTORNEY URGES SAFETY ON JOB SITES " »

Recently in Omaha, Nebraska, three workers were hurt while working in a construction boom lift on the Creighton University campus. The workers from Midwest Glass and Glazing, suffered electrical shocks after their lift came in contact with a live and downed power line. One of the workers suffered severe burns and was taken to the hospital, but is expected to survive.

Continue reading " THREE WORKERS WERE INJURED IN A BOOM LIFT ACCIDENT " »

While many in Chicagoland were enjoying the Fourth of July festivities offered throughout the area, a 24-year-old Wisconsin woman and her 16-month-old son died on Friday, July 3, 2009 on the Tri-State Tollway near Wadsworth. Her 2-½-year-old son, who was also in the car, was critically injured.

The crash happened when the 2002 Chevrolet Cavalier the Wisconsin woman was driving south on I-94 crossed the grassy median of the highway and collided head-on with a northbound 2004 Toyota Camry driven by an Orland Park woman. The driver and passengers of the Orland Park woman's car survived the crash.

Open alcohol was found in the Wisconsin woman's car after the crash.

The Law Offices of Jeffrey J. Kroll wishes you and your family a very happy and safe 4th of July holiday weekend!

Four teenagers were recently killed and another critically injured after another car struck them head-on. According to Santa Fe County deputies in New Mexico, a driver of a jeep going the wrong way on the highway, the driver of the jeep was headed west in the eastbound lanes of Old Vegas Highway on mile marker number 5 near Santa Fe when it crashed into the teenager’s Subaru shortly after midnight Sunday.

The lone survivor of the Subaru was taken to the University of New Mexico Hospital in Albuquerque after the accident. The police officer who arrived on the scene after the incident noticed that the driver of the jeep exhibited signs of being intoxicated. The jeep driver has one previous DWI on his record, which occurred in 2001. In addition to 4 counts of vehicular homicide and one count of great bodily injury by vehicle, additional charges are pending the outcome of blood-alcohol tests.

It is shameful that in these types of cases, the drunk driver of the vehicle at fault escapes with his life while five families have been shaken due to the deaths of four girls and the severe injuries of another.

The Michigan Supreme Court has paved the way for other state court systems by banning all electronic communications for jurors on duty. The new rule, announced on Tuesday, extends to modern electronic communication devices, such as iPhones or Blackberrys, and includes text messages, Google searches and Twitter feeds.

The order takes effect September 1, 2009 and requires judges to instruct jurors that they shall not "use a computer, cellular phone or other electronic device with communication capabilities while in attendance at trial or during deliberation. These devices may be used during breaks or recesses but may not be used to obtain or disclose information." Jurors will be further instructed that they "shall not use a computer, cellular phone or other electronic device with communication capabilities, or any other method, to obtain or disclose information about the case when they are not in court..." to obtain "information about a party, witness, attorney or court officer; news accounts of the case; information collected through juror research on any topics raised or testimony offered by any witness; information collected through juror research on any other topic the juror might think would be helpful in deciding the case."

These rules complement an older, standard instruction that jurors shouldn't discuss the case with others or read or listen to news reports about the case.

The rule was inspired by prosecutors' complaints that jurors were getting distracted during trials by their cell phones, smart phones and PDAs. Jurors have been reported to be texting during the trial and even digging up their own information about a case and potentially tainting the judicial process.

Charles Koop, the immediate past president of the Prosecuting Attorneys Association of Michigan, believes the new rule will make clear to conscientious jurors that researching the case on their own is not something they should do. Indeed, in fulfilling their service, jurors must deliberate only with the evidence received in open court, not from outside sources or through extraneous communications with outside parties. A federal circuit court held that a presumption of prejudice arises where a juror speaks with a third party about the case or communicates with any person who is associated with, or has an interest in, the outcome of the case.

Josh Marquis of the Board of Directors for the National District Attorney's Association, believes technology is "wreaking havoc" on the justice system and hopes that more states follow Michigan's example. Marquis, a district attorney in Clatsop, Oregon has seen text messages and Google searches by jurors taint his cases. Evidence that would otherwise not be allowed in the trial is being found by jurors who perform simple Facebook or Google searches. These sites "almost invites people to do extrinsic research," says Marquis. Advocates of the new rule, like Marquis, believe that the problem boils down to technology far outpacing the court rules.

Jurors' undivided attention during a trial is of utmost importance. The verdict is, after all, in the hands of the twelve people chosen to serve. In order to come to a just resolution, jurors cannot be distracted by the "noise" from the outside world. There is no question we have a shorter attention span these days, but when serving your civic duty as a juror, the stakes are too high to be inattentive. Some jurors may not realize they are actually doing the justice system a disservice when researching the subject matter, the parties or the attorneys on their own. It seems like this would be a conscientious and proactive thing to do to better understand the case, but in reality, such "research" taints the judicial process. Certain evidence is not supposed to be known by the jurors because of its prejudicial nature. So even if you think you are fulfilling your duty by researching, you are actually creating problems and may even be engaging in activity that could very well be the grounds for a mistrial.

Should you be chosen to serve on a jury, please keep in mind that both parties, in both civil and criminal trials, are entitled to due process of law and a fair and impartial jury. Uphold these constitutional rights by putting your phone away, following the judge's directives, and paying attention.

For one family in Winston-Salem, North Carolina the unthinkable occurred. Their six-year old girl was found unresponsive in the deep end of the Kimberly Park Pool. She was at the pool with the Salvation Army Boys and Girls Club. Reportedly, there were eight lifeguards on duty at the time of the incident.

The victim’s grandfather, commented that the accident was preventable, stating, “if you have eight lifeguards on each end of the pool, somebody should have taken responsibility if the child was in the pool or not.”

With the summer temperatures escalating, the need for pool and water safety should also be on the rise. This holiday weekend, be safe at the pool and the beach!

If you or a loved one has suffered due to the negligence of others, please consult with the Law Offices of Jeffrey J. Kroll at jeff@kroll-lawfirm.com or dial (312)-676-7222.

Continue reading " DAY AT THE POOL DEADLY FOR LITTLE GIRL " »

An outbreak of illness that has affected at least 72 people in 30 states has been linked to tainted raw chocolate chip cookie dough. At a Nestle plant in Danville, Virginia, federal investigators found the E. coli O157:H7 bacteria in a 16.5-ounce cookie dough package that had a day code of 9041 and a "best before 10 JUN 2009." Food and Drug Administration researchers have tested the bacteria in the cookie dough and confirmed that it contains the same genetic fingerprint as the E. coli linked to the recent outbreak.

The Center for Disease Control has reported that among the 72 people affected, 51 have been confirmed to have the outbreak strain. Thirty-four people have been hospitalized and ten have reportedly developed a kidney disease called hemolytic uremic syndrome. No deaths have been linked to the outbreak.

Nestle's Danville, Virginia plant has been closed since June 18, 2009.

A first-grade teacher from DeKalb died in a June 25 boating accident on the Vermilion River in Oglesby. Her co-worker, a third-grade teacher from the same school, has since been charged with operating a watercraft while under the influence of alcohol. Also charged was a 38-year-old Florida man.

The three were rafting on the Vermilion River in Oglesby when their raft went over the dam and was caught in the "boil" of recirculating currents at the dam's base. Instead of moving to the river right passage, their raft went over the low head damn. Although all three were wearing approved flotation, devices, the one teacher drowned and was pronounced dead at Illinois Valley Community Hospital in Peru.

The National Association of State Boating Law Administrators (NASBLA) just recently spearheaded an initiative called "Operation Dry Water" aimed at reducing the number of alcohol-related deaths and injuries due to boating while intoxicated. During the weekend of June 26 through June 28, the NASBLA, in conjunction with the U.S. Coast Guard and other partner agencies, coordinated a national weekend of Boating Under the Influence (BUI) detection and enforcement aimed at reducing the number of alcohol-related accidents and fatalities and fostering a stronger and more visible deterrent to alcohol use on the water.

Coast Guard statistics indicate that 21% of all boating fatalities in 2007 were a result of alcohol use. This continues an upward trend in the percentage of fatalities where alcohol was the primary cause of the accident. Alcohol can impair a boater's judgment, balance, vision and reaction time. It can increase fatigue and susceptibility to the effects of cold-water immersion. Sun, wind, noise, vibration and motion – "stressors" common to the boating environment – intensify the effects of alcohol, drugs and some medications.

As the 4th of July weekend approaches, I urge everyone to designate a driver...for both the roads and the waterways. Celebrate safely this Independence Day!!

Continue reading " DEKALB TEACHER DIES IN BOATING ACCIDENT " »