Chicago Accident and Injury Lawyer Blog

New research, first presented at Neuroscience 2009, the annual meeting of the Society for Neuroscience, indicates that a diet high in fat and low in carbohydrates, known as the "ketogenic" diet, speeds recovery in paralyzed rats after spinal cord injury. According to ScienceDaily.com, patients recovering from spinal cord injuries are usually given intravenous, high calorie solutions containing large amounts of sugar as they heal.

In the study, researchers investigated the high fat, low carb, ketogenic diet as an alternative to fasting. Like fasting, a lack of carbohydrates forces the body to use fat as fuel. During the study, rats were fed either standard or ketogenic diets after a cervical spinal cord contusion. The rats on the ketogenic diet recovered faster. After 14 weeks on their ketogenic diets, 54% percent of the rats used their injured paws 15 times more frequently than the rats on a standard diet.

Continue reading " NEW RESEARCH ON SPINAL CORD INJURY PATIENTS " »

Jeffrey J. Kroll was featured in a segment about trick-or-treating safety on this morning's Fox News' "Good Day Chicago" with David Novarro and Jan Jeffcoat. Here are some tips for keeping your residence safe for trick-or-treaters, ensuring that costumes are safe and staying safe as a pedestrian on Halloween.

A 4-year old boy died yesterday, October 26, 2009, from injuries he sustained while reportedly playing with a lighter on October 13, 2009. This is a tragic occurrence. It is unclear from media reports what style lighter he was using or if there was any safety function on the lighter.

The Consumer Product and Safety Commission (CPSC) approved a mandatory standard for child-resistant cigarette lighters in July of 1994. The standard applies to imported and domestically-manufactured disposable and novelty lighters. The number of children who have died as a result of playing with cigarette lighters has dropped since the mandatory standard for child-resistance came into effect. There were 230 total deaths from cigarette lighters in 1994 and 130 in 1998. Of those deaths, children under the age of five accounted for 170 of the deaths in 1994 and 40 in 1998. Of course, one death is too many. Sadly, in 2009, cigarette lighters continue to injure young children, like the recent death in Chicago and this Pennsylvania boy who died after a cigaretter lighter reportedly exploded.

A 23-year-old woman was killed yesterday after she fell from her bicycle and was run over by a truck in Chicago's Roscoe Village.

Chicago police report that the cyclist was riding southbound on Damen Avenue near its intersection with Wellington Avenue with her 24-year-old female roommate. They stopped for a red light at Wellington and were between the bus and the truck. Police spokesman John Mirabelli said that the victim slipped and fell underneath the truck when traffic started moving. The truck driver was unaware that the woman had fallen underneath his truck and ran over her. She was taken to Advocate Illinois Masonic Medical Center where she was pronounced dead.

According to the Centers for Disease Control (CDC), more than 700 cyclists are killed each year in bicycle accidents. Bicycle fatalities represent just fewer than two percent of all traffic fatalities, and yet bicycle trips account for less than one percent of all trips in the United States. The most serious injuries among a majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet. Helmet use has been estimated to reduce head injury risk by 85 percent, according to the Insurance Institute for Highway Safety.

Pursuant to Chicago municipal ordinance, "Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of Illinois." Motorists need to be attentive to bicycles and keep the following safety tips, courtesy of Traffic Safety in Alberta, in mind:

* When passing a cyclist, go around them like you would any other vehicle. Leave lots of room.
* When you are preparing to make a right turn, watch for cyclists who may pull up alongside your vehicle. Remember to shoulder check your blind spots.
* When pulling away from the curb, always check for cyclists who may be trying to pass you.
* When parked at the curb, always check for cyclists before you open your vehicle door. It is the driver's responsibility not to open the vehicle door into traffic.
* Do not follow too close behind cyclists. They do not have brake lights to warn you when they are stopping.
* Cyclists are entitled to make left turns in the same manner as motorists. Since they are more exposed to traffic on left turns, they will need extra consideration, especially on multi-lane roads.
* Cyclists are required to ride as close as practicable to the curb, however, they may need to ride further out when they have to steer away from drainage grates, pot holes, debris, loose gravel or sand, wet or slippery surfaces, rutted or grooved pavement and even dogs. Be aware of the roadway conditions that may affect a cyclist.
* Do not sound your horn unnecessarily when you are overtaking a cyclist. It may startle them and cause them to lose control. If you feel that you must use your horn, tap it quickly and lightly while you are still some distance away from the cyclist.

Similarly, cyclists have a duty to ride responsibly and follow the rules of the road. Always wear a helmet and ride defensively.

Continue reading " CYCLIST KILLED BY TRUCK ON CITY'S NORTH SIDE " »

An 18-year-old with a blood-alcohol level of nearly three times the legal limit caused a one-vehicle car accident this past Friday night near Peoria. The Peoria County Sheriff's Department reports that the teen driver was evading a police officer and traveling more than 90 miles an hour when she violently veered off the road and slammed into a guardrail. The crash left her 18-year-old female passenger brain dead. The teen has been kept on life support as the family prepares for the donation of her organs.

The police pursuit began after the vehicle the impaired teen was driving was involved in a different crash. When a Peoria County deputy arrived at the scene of the first crash, the driver was outside the car, but got back in the car and sped off.

The driver, who remains in critical condition, has been ticketed for driving under the influence of alcohol, leaving the scene of a property damage accident, and fleeing and eluding a police officer.

According to Mothers Against Drunk Driving (MADD), someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes. This shockingly big number actually represents a 9.8% decline from the 13,041 deaths that resulted from driving driving crashes in 2007. Nevertheless, alcohol-impaired-driving fatalities accounted for nearly 1/3 of the total motor vehicle traffic fatalities in the United States according to The National Highway Traffic Safety Administration (NHTSA).

Shockingly, over 10% of the 159 million alcohol-impaired driving trips that Americans took in 2002 made by 18-20 year olds. Illinois has zero-tolerance policy for drivers under the age of 21 with alcohol in their bloodstream.

Two families have been destroyed by poor decisions made by these teens. My sincere condolences to these families.

Continue reading " DRUNK DRIVING TEEN LEAVES ANOTHER TEEN BRAIN DEAD " »

Spinal cord trauma, paralysis, concussion, traumatic brain injury, headaches and head trauma are all types of injuries caused by cheerleading accidents listed in the National Center for Catastrophic Sport Injury Data Tables. The data was collected between the Fall of 1982 and the Spring of 1998 and contains summaries of the injuries. While the report contains many guidelines and suggestions for improving cheerleading safety, the sad statistic is that cheerleading injuries resulting in hospital emergency room visits have increased to nearly 30,000 in 2008, which is almost six times the number of injuries in 1980, according to the Chicago Tribune who cited a report by the U.S. Consumer Product Safety Commission.

Continue reading " CHEERLEADING INJURIES ON THE RISE: CHICAGO SPORTS INJURY ATTORNEY URGES IMPROVEMENTS IN SAFETY MEASURES AND TRAINING " »

A 7-year old student's leg was run over this morning by a school bus. The bus driver had allegedly left his seat to help another student out of a safety seat in the rear of the bus. While the driver was walking to the back to assist the other child, the bus lurched forward, rolling over the boy's leg. The boy had somehow fallen into the path of the bus.

The incident occurred outside Neubert Elementary School in Algonquin. The boy was taken to a hospital in Elgin, but no reports about his condition have been released. The school district has not commented on the incident, but this underscores the importance of having supervision available in and around loading and unloading zones. This child should not have been in the path of the bus and the bus certainly should not have been unattended in the fashion that it was.

Remind your children to always stay clear of buses and to always look both ways before crossing any path used by vehicles of any kind.

According to a recent report released by the National Highway Traffic Safety Administration, an estimated 16,262 people died in motor vehicle accident in the first half of 2009. This represents a 7% decline from 2008. Fatalities declined by about 10% in the first quarter of 2009 and 4% in the second quarter. The second quarter of 2009 will be the 13th consecutive quarter of declines in fatalities as compared to the same quarter from the previous year.

The decline in fatalities is due to several factors, most notably the significant decline in "vehicle miles traveled" (VMT), which dropped by nearly 6.1 billion miles in the first half of 2009. An increased use of seat belts is also credited for the steady decline in traffic fatalities.

Products liability attorney, Jeffrey J. Kroll, will speak at the ABA Section of Litigation Regional CLE Workshop: Women in Products Liability on Thursday, October 15, 2009. Kroll will be a member of the panel discussing "See It, Hear It, Feel It, Sense It! Handling Trial Themes in Difficult Cases." Jeff and the panel will discuss the development and use of themes at trial.

Nissan will recall as many as 143,000 2008 and 2009 Nissan and Infiniti products due to a faulty tire-pressure monitoring system nut that may fail in areas like Chicagoland where heavy amounts of road salt are used during the winter. A cracked nut could fall out the sensor-transmitter it secures. If a driver disregards the indicator on the dash alerting him to the problem, the tire could go flat, resulting in an accident.

The recall is focused on certain vehicles from the 2008-2010 model years originally sold or currently registered in a number of states, including Illinois.

Nissan will replace the nut on affected vehicles for free. For more information, contact Nissan at 800-647-7261 or Infiniti at 800-662-6200.

An accident last Thursday involving two vehicles and one semi left one Illinois man dead and four people critically injured. The accident occurred just after noon on I-43 in Ozaukee County, Wisconsin.

The two vehicles, a 2006 Ford Escape and a 1995 Cadillac Deville, had slowed to exit on Highway D due to the closure of I-43 for emergency repairs to the freeway shoulder. The semi collided first with the Cadillac, which was carrying a 64-year-old male drive and an 80-year-old female passenger. The Cadillac went into a ditch and overturned. The semi then struck the Ford SUV, which was carrying a 78-year-old male driver and his 75-year-old wife. The SUV became wedged under the semi. Both vehicles went into the ditch, where the semi pushed the SUV another 150 yards.

The driver of the SUV, a 78-year-old man from Stickney, Illinois was killed in the accident. His 75-year-old wife was taken to Columbia St. Mary's Ozaukee Hospital in Mequon, Wisconsin. The two people in the Cadillac also sustained serious injuries and were taken to the Mequon hospital. The driver of the semi sustained minor injuries.

Police are continuing to investigate the accident to determine whether the semi driver should be charged. Police Captain Dave Guss reported that the semi driver, a 36-year-old man from Dexter, Missouri, admitted that he was distracted when he reached for a snack and didn't realize that he was coming up on slowing traffic.

Distracted driving is one of the riskiest behaviors a driver can engage in. Even one second of distraction can lead to catastrophic consequences. My deepest condolences to the families of the people who were injured and killed in this preventable tragedy.

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

There has been discussion throughout the country regarding the need to institute a ban on texting while driving. The ban would also apply to computers located in the cabs of trucks. Many individuals and groups are in support of the ban; however, according to the New York Times, the trucking industry is against such a ban saying that these devices can be used safely.

Clayton Boyce, spokesman for the American Trucking Associations, said, "we think that's overkill" referring to a federal bill that would force states to ban texting while driving if they want to continue to receive funds from the federal government for highways. Mr. Boyce argues that computers used by truck drivers require less concentration than phones. Mr. Boyce suggests that the trucks "have a screen that has maybe two or four or six lines of text." Mr. Boyce went on to say, "And they’re not reading the screen every second."

As an attorney in Chicago who represents victims of trucking negligence cases, I am definitely not convinced that the computers require less concentration than phones. Frankly, truck drivers do not need any distractions while driving. Given the amount of weight that the average tractor-trailer weighs going at highway speeds, a split-second of distracted driving could have disastrous effects. Truck drivers should be required to pull over to use their computers and they should be banned from operating them en route.

Although there has been a lot of attention paid to the hazards of driving while texting, it is important to remember that any distracted driving is dangerous. An October 8, 2009 LeaseTrader.com survey of 3,000 drivers nationwide found that many rank other distractions as more dangerous.

Slightly over 26 percent of women in the study ranked "kids in car" as the most dangerous distraction in the car. "Putting on makeup" ranked second in the study with 16.6 percent of women reporting this activity as their most dangerous driving distraction. "Messing with the radio" was the third most dangerous distraction reported by 10.4 percent of the women. Interestingly, only 4.2 percent of the women in the study identified "texting while driving" as their most dangerous distraction.

Just over 18 percent of the men in the study reported "road rage frustration" as their most dangerous distraction. Eating and drinking was reported by 14.7 percent of the men. The third most dangerous distraction reported by men was checking out other drivers. For only 7.6 percent of men was texting while driving the most dangerous distraction.

No matter what the distraction is, focus on the road in front of you and get to your destination safely!

I want to thank Chicago Lawyer Magazine for featuring me and my firm, the Law Offices of Jeffrey J. Kroll in a profile in the October, 2009 issue. Thank you also to the author of the article, Ina Silvergleid. Read the article here.

Many of us pass through automatic doors in our daily lives, trusting that store owners and contractors have inspected and maintained these doors properly. Automatic doors can injure individuals when they open too widely or operate too quickly. A body part, such as, an arm or a hand may get crushed in the malfunctioning door. Sadly, those people who often require the use of automatic doors, including the elderly and persons with disabilities, are often victims of faulty doors.

Typically, businesses install three main types of automatic pedestrian doors: swinging, sliding and/or folding doors. National standards define and govern the guidelines for installing and maintaining such doors and their sensing devices. The American Academy of Automatic Doors (AAADM) recommends that automatic pedestrian doors be inspected annually by an AAADM certified inspector and that the doors be checked daily by premises owners. Unfortunately, many businesses fail to properly check and inspect automatic doors.

Continue reading " INJURIES CAUSED BY A MALFUNCTIONING AUTOMATIC DOOR " »

For the first time in Illinois, the findings of the Illinois Department of Transportation's bridge inspections can be viewed online. The data found in the website reveals details about the deficient state of many of Illinois's bridges. Most glaringly, a part of the Congress Parkway Bridge over the Chicago River received the lowest possible rating for a span allowed to remain in service.

Chicago Tribune transportation writer, Jon Hilkevitch, recently wrote a telling article about the state of bridge safety in Illinois. The article reported that of the 26,276 total bridges in Illinois, 4,393 have been ranked as structurally deficient (supposedly safe, but no longer able to hold the weight for which they were originally designed) and/or functionally obsolete (not meeting current design standards).

Over the next six years, Illinois plans to spend roughly $2.5 billion on bridge rehabilitation and the construction of new bridges. The funds will come from a new state capital improvement plan as well as federal stimulus packages. The Illinois Department of Transportation (IDOT) has allocated approximately $25 million to rehab the Congress Parkway Bridge, beginning next year and running through 2015.

Federal regulations require bridges to be inspected every 48 months. Federal bridge inspection regulations were developed as a result of the Federal-Aid Highway Act of 1968, which required the Secretary of Transportation to establish National Bridge Inspection Standards to ensure the safety of the traveling public. The IDOT website provides information on state-maintained bridges only. It does not include any data on the more than 18,500 bridges under the jurisdiction of municipalities, townships, counties, the Illinois State Toll Highway Authority or the Chicago Skyway.

Truck drivers who fall asleep while operating their vehicles is a serious problem on the nation's roadways. I am a truck crash attorney in Chicago and I recently spoke at a seminar hosted by the Association of Plaintiff Interstate Trucking Lawyers of America in Las Vegas on "Deposing the Fatigued Truck Driver." The focus of the seminar was entirely on handling fatigued truck driver cases, with an emphasis on preventing truck accident tragedies.

Unfortunately, on Saturday, October 4, 2009, around 6:45 a.m., the driver of a garbage truck crashed into a pickup truck in front of him about 3 miles south of the Lowell, Indiana exit. The driver of the garbage truck told police that he fell asleep while driving.

As a Chicago personal injury attorney, I have represented individuals with brain injuries. The causes range from birth injuries to cheerleading accidents and other sports injuries to high-impact car crashes. Many of the causes of traumatic brain injuries stem from negligence. As a personal injury attorney, it is my role to maximize any potential recovery to provide for the brain injured individual.

The disabilities resulting from a traumatic brain injury depend upon the severity of that injury. Many factors will influence the outcome, including, the location on the brain of the injury, the age of the person and the general health of the individual.

Continue reading " TRAUMATIC BRAIN INJURY: CAUSES AND OUTCOME " »

The United States Center for Disease Control and Prevention (“CDC”) guesstimates that there are approximately 1.5 million people in the United States who suffer from a traumatic brain injury each year. Sadly, 50,000 people die from traumatic brain injuries each year and more than 85,000 will suffer long-term disabilities. I chose the word "guesstimate" when referring to the 1.5 million people who suffer from these tragic injuries because only the patients that are admitted to a hospital for this injury are included in this count. Individuals treated in an emergency room or doctor’s office are not counted.

A traumatic brain injury is a form of an acquired brain injury. It occurs when sudden trauma causes damage to the brain. This type of injury can result when the head suddenly and violently strikes an object or the individual’s head is violently shaken. This is commonly known as a deceleration injury. Many people involved in motor vehicle collisions will complain of some type of headache or head injury and will subsequently receive CT scans or other diagnostic studies in the emergency room. Imaging tests will be helpful and assist in determining the diagnosis and prognosis for a traumatic brain injury patient.

An individual’s skull is hard and inflexible while the brain is soft with a “jello-like” consistency. An individual’s brain is encased inside the skull. During the movement of the skull through space (which is known as acceleration) and the rapid discontinuation of this action, the skull will meet a stationary object (deceleration) this will cause the brain to violently move inside the skull. As one can imagine, the brain is moving at a different rate than the skull because of this “jello-like” consistency. This differential movement of the skull and the brain results in direct brain injury, shearing, contusion, and, quite often, swelling.

Anyone with signs of a mild, moderate or severe traumatic brain injury should receive medical attention as soon as possible.

Continue reading " CHICAGO BRAIN INJURY LAWYER COMMENTS ON MECHANICS OF BRAIN INJURIES " »

With the Chicago Marathon closely approaching, many runners are training for the big event. It is scheduled for Sunday, October 11, 2009 and we wish the participants success!

Tragically, two years ago, a 35-year-old Michigan police officer died during an unusually hot and humid Chicago marathon. An autopsy revealed that the officer's heart condition caused his death. Since the effects of marathon running on the heart has become a popular topic among researchers, The New York Times explored the issue in a recent health segment.

The Times article discusses a controversial study published last year in the European Heart Journal. In that study, scientists scanned the hearts of 108 experienced, male distance runners in their fifties, sixties and seventies; all had completed a minimum of five marathons in the prior three years. After studying the scans, the researchers found that more than a third of the men showed evidence of significant calcification or plaque build-up in their heart arteries.

Since the release of that study, researchers worldwide have attempted to clarify the issue. In one recent study, Canadian researchers examined 129 non-elite runners in Winnipeg, testing their blood just before and after running a half or full marathon. When runners reached their finish line, blood tests revealed that most of the half marathoners and even more of the marathoners displayed elevated cardiac troponin, a substance in the blood that usually suggests cardiac injury, and other blood markers of heart damage. When the runners were tested again after an hour, even more showed blood indicators of cardiac damage.

Although running is an excellent way to stay physically healthy, if you have ever experienced any heart problems, you should consult a doctor before attempting long distance or marathon running. If while training for or actually running a marathon you have any heart-related symptoms, such as shortness of breath or chest pains, stop running and see a doctor immediately. We know that heart attacks can and do happen during marathons, and those with a history of heart disease are particularly at risk.

The Associated Press has reported that Toyota will recall 3.8 million vehicles in the United States. Toyota and the U.S. government have warned owners of Toyota and Lexus vehicles about safety problems linked to removable floor mats that could interfere with the vehicle's accelerator and cause a crash.

Toyota admitted that it had been receiving complaints from consumers about uncontrollable acceleration due to the floor mats dating back to 2004. The company was moved recently to act on the complaints because of an accident in San Diego last month where a man and three passengers were killed in a high-speed crash of a Lexus ES sedan. Before the crash, the driver called 911 to report that his gas pedal was stuck causing his car to go 120 mph. Investigators are currently trying to determine whether the driver's floor mat actually caused or contributed to the accident.

This is the Japanese company's largest recall ever in the U.S. The company claims it will be the largest recall in its history. The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

More information about the recall should be forthcoming in the near future. However, in the meantime, owners of these vehicles should remove the floor mats on the driver's side and not replace them.