Chicago Accident and Injury Lawyer Blog

I am an attorney in Chicago who represents individuals who have suffered spinal cord injuries as a result of negligence. There are 12,000 new spinal cord injury cases each year and approximately 259,000 individuals in the United States living with spinal cord injuries.

There are different classifications of spinal cord injuries. The way the injury manifests itself depends on which level of the spinal cord was affected. The level of impairment is also affected by whether the injury was "complete." In a "complete" injury, no motor or sensory signals pass through the injured segment. In an "incomplete" injury, some nerve signals pass through the injured segment which allows for some sensation and possible motor ability lower than the injured segment.

According to the http://www.spinalcord.uab.edu/show.asp?durki=119513">National SCI Statistical Center, since 2005, motor vehicle crashes account for 42.1% of reported spinal cord injury cases.

Consumer protections requiring a three-hour limit on airline passengers' tarmac waits are currently part of a version of the Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act, which is a bill providing money for airports and airlines across the country. The legislation, which has already been approved by the House of Representatives, will compel airlines to create plans to deplane passengers after three hours. Airlines will also be required to provide basic services to waiting passengers, such as food and water.

One of the groups lobbying in support of the law -- The Business Travel Coalition -- said health and safety issues mandate the three-hour limit. Kate Hanni, founder of flyersrights.org says long waits greatly increase the chances of blood clots and exacerbate other health problems.

The former CEO of American Airlines, Robert Crandall, also supports the bill; but, he argues that immediately instituting a three-hour limit could result in an overflow of flight cancellations. He proposes starting with a four-hour cap that would automatically become three hours after a year. Senate supporters of the three-hour limit have threatened to filibuster any amendment that would strike out the consumer protections from the FAA bill.

According to FlyersRights.org, which has been lobbying for the three-hour limit since 2007, 1,232 flights were confined to the tarmac for over three hours in American airports in 2008.

As a medical malpractice attorney in Chicago, I have witnessed the tragic consequences of medical errors. Mayo Clinic researchers have released a new study outlining how different causes of medical errors contribute to mistakes. The researchers distinguish distress and fatigue and recommend that distress (caused by financial woes, family concerns and other elements) should be treated as a separate issue from fatigue during the training of medical residents.

Dr. Colin P. West, a internist at the Mayo Clinic in Rochester, Minnesota said that fatigue, lower quality of life, burnout, symptoms of depression and other signs of distress, independently led to increased rates of self-reported major medical errors among internal medicine residents.

The report is in the Sept. 23/30, 2009 issue of the Journal of the American Medical Association.

Continue reading " STUDY SHOWS MEDICAL MALPRACTICE CAUSED BY DISTRESS AND FATIGUE " »

The Food and Drug Administration (FDA) has issued a warning that personal emergency-response buttons worn around the neck present a potential choking hazard. Typically, wearers of such devices can call for emergency button help to their home by pushing the monitored device wearer's "help" button. The FDA is aware of at least six reports between 1998 and 2009 of serious death or choking that occurred when the cord on the buttons became entangled with other objects.

There are more than 750,000 users of the Philips Lifeline Personal Help Buttons in the United States and Canada. The Philips Lifeline Help button is designed to not break away so that it does not fall off during an accident; however, this increases choking risks if the device catches on another object, such as a wheelchair, walker or bed.

The FDA recommends that users of this device, or any other personal emergency-response device worn around the neck, consult their healthcare providers to determine which style of emergency response button is most beneficial to them. The FDA also encourages users to report serious adverse events or product quality problems with the use of this product to the FDA's MedWatch Adverse Reporting program either online, by regular mail, fax or phone:

Online: www.fda.gov/MedWatch/report.htm
Regular Mail: Use postage-paid FDA form 3500 available at www.fda.gov/MedWatch/getforms.htm, and mail to MedWatch5600 Fishers Lane, Rockville, MD 20852-9787
Fax: (800) FDA-0178
Phone: (800) FDA-1088

Continue reading " CHICAGO PRODUCTS LIABILITY ATTORNEY SHARES WARNING " »

The National Institute of Health received the first data from H1N1 vaccine trials in children on Monday.

Approximately 600 children were in the H1N1 studies. Officials from the NIH said that there were no adverse reactions in any of the youngsters, including no redness or arm pain.
Ten days after receiving the vaccine, children 10 to 17 seem to be protected from H1N1 with one 15-microgram dose of the vaccine, but younger children, ages 6 months to 9 years, may have to have two doses depending on their health history. The H1N1 vaccine requires separate injections from the seasonal flu shots recommended for adults and children.

H1N1, commonly referred to as "swine flu," is a hybrid virus, with genetic elements of swine influenza, avian influenza, and human influenza. It is spread by coughing, sneezing and unclean hands.

The Center for Disease Control (CDC) recommends the following to prevent the spread of H1N1:
* Cover your nose and mouth with a tissue when you cough or sneeze.
* If you don’t have a tissue, cough or sneeze into your upper sleeve, not your hands
* Dispose of used tissues in the trash.
* Clean your hands after coughing or sneezing; Washing with soap and water, or with alcohol- based hand cleaner.
* Avoid touching your eyes, nose and mouth.
* If you get sick, stay home from work or school, and limit your contact with others to keep from infecting them. People should stay home at least 24 hours after they are free of fever (100°F), or signs of a fever without the use of fever-reducing medications.

Despite its name, people cannot get swine flu from pork or pork products.

For more information visit the American Academy of Pediatrics and the Center for Disease Control. Authorities predict the H1N1 vaccine for children will be available by mid-October. Contact your child's healthcare provider for more information about the distribution of H1N1 vaccine.

A Chicago Transit Authority (CTA) bus struck and killed a pedestrian this past Thursday night in the 2000 block of East 95th Street on Chicago's South Side.

Police officials say that a northbound No. 14 Jeffrey Avenue CTA bus hit a 51 year old man near the bus shelter on the 2000 block of East 95th as the bus was pulling away from the stop. The man had not gotten on or off this particular bus prior to the accident and it is unknown how the bus struck the man.

The Major Accident Investigation unit is conducting a full investigation into the accident. As of now, no citations have been issued in connection with the fatal accident.

According to its website, the CTA operates the nation's second largest public transportation system. On an average weekday 1.7 million rides are taken on CTA. CTA has 1,971 buses that operate over 153 routes and 2,517 route miles. Buses make about 24,195 trips a day and serve approximately 11,701 posted bus stops.

Rollover crashes have a higher fatality rate than other types of car crashes. Safercar.gov makes the following suggestions for minimizing risk and injury due to a rollover:

- Tire Pressure: Improperly inflated and worn tires could affect your ability to maintain control of your vehicle, which is the most important factor in preventing rollover crashes. Additionally, worn tires cause a vehicle to be more difficult to handle on wet or slippery pavement. If your tires are not properly inflated, there is a greater risk of worn tires.

- Loading: Check with your vehicle's owner's manual to determine the maximum safe load and where the load should be distributed. Additional cargo in or on your car may affect its center of gravity.

- Know Proper Maneuvering

- Maintain Control and Avoid Panic-like Steering

- Use Caution on Rural Roads: 75% of rollovers occur on rural roads.

Moreover, do not forget to wear your seatbelt!

Continue reading " ROLLOVER CRASH ATTORNEY IN CHICAGO URGES SAFE DRIVING " »

Illinois is one of fourteen states currently that prohibits text messaging while driving. As I previously mentioned on my blog, Illinois enacted a bill outlawing this dangerous driving behavior in August. The law goes into effect January 1, 2010 and will will prohibit writing, sending or receiving text messages while driving.

National support of laws such as the one passed here in Illinois is growing. The Governors Highway Safety Association (GHSA) initially opposed laws banning texting while driving, arguing that enforcement would be impossible. In recent weeks, however, the GHSA has changed its tune, concluding that, "If every state passes a texting ban, it will send a message to the public that this dangerous practice is unacceptable." The GHSA believes that a ban nationwide would allow us to "begin to change the culture that has permitted distracted driving."

The GHSA's reversal comes on the heels of the publication of a study conducted by the Virginia Tech Transportation Institute that found drivers increase their risk of being involved in a crash or near-crash by 23 times if they text while drive. The shocking results of the study undeniably influenced the GHSA's new position. GHSA Chairman Vernon F. Betkey Jr. has since called texting while driving "dangerous" and something that "should not be tolerated."

Presently, fourteen states and the District of Columbia ban texting while driving, though other states are considering enacting similar laws. Local officials are acting as well. Cleveland, Ohio has instituted a ban, and the mayor of Toledo, Ohio called for a ban this month. Federally, Democratic lawmakers in Congress have called for states to pass new laws, and the Obama administration is planning to hold a summit on the issue of cell phone use and texting while driving this month.

Vehicle Safety Information Resource Center, LLC (VSIRC) provides an online database at www.vsirc.com, which contains research tools and access to government data and documents on motor vehicle safety. As a personal injury attorney in Chicago who handles car accident cases, this is a great resource.

Some of the material available on the site is inaccessible through the government's online sites or is no longer available from the National Highway Traffic Safety Administration (NHTSA).

The website contains information on foreign recalls and also allows users to search whether car seat manufacturers are in compliance with safety regulations.

As a Chicago wrongful death lawyer who has seen the aftermath of tragic car accidents, this is a promising report to improve safety on the roads:

New technology called "crash avoidance" could reduce car crashes by as much as one-third, according to a study done by the Insurance Institute for Highway Safety, which was obtained by ABC News. The technology protects passengers in a variety of crashes, including severe frontal crashes. ABC News reported that 32 percent of the 5.8 million crashes that occur annually could be reduced or prevented with this technology.

The Law Offices of Jeffrey J. Kroll advocates for motorcycle safety to improve awareness on the roads of Chicagoland. Tonight, around 5:30 p.m. in Humboldt Park near Grand Ave. and Monticello Ave., a male motorcyclist was involved in a crash with another vehicle. He suffered injuries resulting in death.

Also, it was reported today that WGN's Tom Negovan, who was involved in a head-on motorcycle crash on Saturday involving another vehicle at the intersection of Harlem Ave. and Summerdale, is expected to fully recover after having surgery to repair two vertabrae in his back.

Motorcycle accidents can result in terrible tragedy. Drivers should be continually aware of motocyclists on the roadway.

A CTA bus hit a light pole this morning near 25th and Ashland in Chicago. According to news reports, eleven people were transported to area hospitals. It is not clear if the victims were passengers or pedestrians.

In my experience as a Chicago personal injury attorney who has handled a variety of bus accident cases, investigating the incident is critical in developing a successful case against the CTA. The CTA often has investigators on the scene immediately after an incident to take pictures and canvas witnesses. Attorneys should be proactive in the discovery process to obtain documents and materials that support their clients' lawsuits.

I strongly believe that investigation results are discoverable and admissible at trial. An article that I wrote on this topic for the Illinois Bar Journal,"Revisiting Bulger v. CTA: The Case for Admitting Transportation Company Investigation Results," Vol. 92 (April 2004), discusses why these inter-company originated documents should be discoverable and admitted.

A Schaumburg couple was killed today in an accident involving their motorcycle and a car in Palatine, Illinois. The accident happened at about 11:45 a.m. at the intersection of Quentin and Dundee Road. The car was traveling southbound as it was exiting a gas station on the southwest corner when it collided with the motorcycle at the intersection.

In previous posts on my blog, I have emphasized motorcycle safety. Sadly, I have also blogged about an increase in the number of motorcycle accidents in the Chicagoland area. Although Labor Day has now come and gone, the weather is still nice and we will continue to see motorcycles out on the road well into the fall. I encourage everyone to be aware of motorcyclists and share the road.

Continue reading " SCHAUMBURG COUPLE KILLED IN MOTORCYCLE ACCIDENT " »

State, county and local law enforcement agencies from Illinois, Indiana, Michigan and Wisconsin recently collaborated in a multi-jurisdictional impaired driving crackdown. The program, called, "Reducing Auto Crashes through Corridor Enforcement," was responsible for 10 DUI/DWI arrests and 12 citations for "open intoxicants in a vehicle" in an eight hour period between 7 p.m. and 3 a.m.

The crackdown took place on US Highway 41. The highway runs about 800 miles from the Upper Peninsula in Michigan, through Wisconsin, into Illinois and then straight through Indiana.

The primary focus was arresting impaired drivers, but unbelted motorists, speeders and other violators were cited or ticketed. There were 255 speeding, 92 seatbelt and 3 reckless driving citations. Additionally, there were three felony arrests, nine motorists apprehended for arrest warrants, four drug violations, 39 drivers without licenses and 19 drivers without insurance (in Illinois only).

The attorneys and staff at the Law Offices of Jeffrey J. Kroll wish you a wonderful and safe Labor Day!

I am a Chicagoland personal injury attorney who has successfully represented student athletes for injuries they received while involved in high school sports. I feel strongly about making safety a top priority in high school sports.

The online addition of the Los Angeles Times recently posted an article stating that injuries in high school football occur most frequently during the middle of games. The statistics cited by the L.A. Times comes from an analysis by the Research Institute at Nationwide Children's Hospital of data from the 2006 National High School Sports Injury Surveillance Study.

The Research Institute at Nationwide Children's Hospital found that 54% of injuries occur during the middle of a game. Thirty percent of injuries occur at the end of the game, including overtime, and the beginning of the game accounted for 16% of injuries. The study found that injuries are most severe in the beginning and middle of the games during kickoff and punting.

On September 2, 2009, two people were killed and two were seriously injured in a crash involving an automobile and a garbage truck in Chicago's Logan Square neighborhood. The crash occurred just before 3 a.m. in the 3600 block of West Fullerton Avenue. (Recent data has shown that the timeframe between midnight to 3 a.m. is the deadliest time on Illinois roads).

According to reports, the garbage truck was broadsided and knocked on its side.

As a personal injury lawyer in Chicago, I have represented many clients who were diagnosed with Post-traumatic Stress Disorder (PTSD). These individuals who experienced traumatic events, such as a being in a car accident, received compensation for their injuries related to their PTSD. Although PTSD is not always visible like a broken arm or leg, the injury and pain is very real.

For more information on Post-traumatic Stress Disorder, please review the following online resources and consult a psychologist or a psychiatrist:

PTSD Facts on Google Health
National Institute of Mental Health - PTSD
Mayo Clinic defines PTSD

Continue reading " PTSD: A SERIOUS CONDITION DESERVES SERIOUS COMPENSATION " »

The National Transportation Safety Board (NTSB) has issued nineteen recommendations regarding Emergency Medical Services helicopters. These types of flights account for an estimated 750 helicopters, 20 operators, and 60 hospital-based programs. The recommendations address a variety of safety issues including pilot training, safety management systems, flight analysis and weather conditions.

In an October 14, 2008 post on this blog regarding the need for the NTSB and the FAA to critically examine safety issues related to medical helicopters, I underscored the importance of night-vision goggles. Fortunately, that is one of the areas that the NTSB has addressed in its recommendations. The accident rate for this mode of transportation is far too high and immediate changes have to be put into place.

In February of 2009, the NTSB conducted a 4-day public hearing to critically examine the need for additional safety in the medical helicopter industry.

The 19 recommendations issued include 10 recommendations to the Federal Aviation Administration (FAA) to address improved pilot training, collection and analysis of flight, weather, and safety dat, flight data monitoring, development of low altitude airspace in infrastructure, and the use of dual pilots, autopilots, and NVIS.

Two safety recommendations directed to the Centers for Medicaid and Medicare Services (CMS) are to evaluate the current emergency medical services helicopter reimbursement rate structure and its relationship to patient transport safety.

Two recommendations are to Federal Interagency Committee on EMS (FICEMS) to address coordination and integration of helicopter emergency medical transport into local and regional emergency medical systems.

Finally, five recommendations are to public operators to improve pilot training, flight data monitoring, and the use of dual pilots, autopilots and night vision equipment.