Jeffrey J. Kroll's article, "Handling a Railroad Crossing Case" was published by the Illinois Trial Lawyers Association (ITLA) in its Winter 2010 publication, "Trial Journal." The article provides tips on how to handle a railroad crossing injury case and deal with preemption issues that too often prevent accident victims and their families from obtaining legal recourse for their injuries.
Beginning January 1st, several new traffic laws will become effective in Illinois, including a ban on texting while driving. The ban prohibits composing, sending or reading text messages, instant messages or email on a cell phone or other personal digital assistant or computer. Under the new law, police will have the power to subpoena phone records after a serious accident to determine whether text messages were being sent or received at the time of the crash.
Also taking effect is a new law increasing the penalty for causing an accident while driving without insurance. Starting this Friday, drivers without insurance who cause bodily injury in an accident will be charged with a Class A misdemeanor instead of a traffic citation.
Another law going into effect prohibits drivers from talking on hand-held phones while driving through construction zones and school zones. Hands-free devices are still allowed.
Whether the new laws ultimately succeed in deterring distracted driving behavior will depend not only on how well the police enforce these new laws, but also on the public's awareness of the dangers related with distracted driving. Do your part to keep the roads safe and keep your cell phone out of reach while you drive.
Click here to see a complete listing of laws in effect for 2010.
We have all heard of the term "defensive driving." It is the concept of being proactive on the roadways to avoid getting into an accident with a negligent driver. For example, if you see a driver paying more attention to the cell phone conversation he is having than the road or a driver is following too closely behind you, you may change lanes or pull over to avoid getting rear-ended. This concept is also applicable to a certain extent to your doctor's visit. CNN has an article containing 5 tips for getting better care from your doctor. The article suggests thinking ahead of time what questions you want to ask and writing the questions down. Also, the article suggests asking when you will start to feel better. By being proactive at the doctor's office, you are putting your health first, which is the most important thing. While many doctors' offices across the U.S. are providing outstanding patient care, some are failing their patients. Be an active part of getting quality health care for yourself!
Happy Holidays to you and your family from the Law Offices of Jeffrey J. Kroll!
Icy roads made Chicagoland roads hazardous last night. Drivers should be extra cautious when driving in icy road conditions. The Chicago Skyway was closed from about 9:30 p.m. to 11:20 p.m. on December 23, 2009 after a 12-car pileup occurred. After the pileup, accidents continued to occur on the Skyway causing the police to close the road.
Also, the ramp from northbound Interstate 294 to westbound Interstate 88 was closed after a 15-car pileup occurred.
When driving in icy road conditions, remember the following tips:
-Keep your distance from the car in front of you and behind you. If you feel that the car behind you is following too closely, pull over and let them pass you.
-When driving over ice, snow and slushy road, do not brake suddenly or rapidly turn the steering wheel.
-If your car starts to skid, release the brake and turn the steering wheel in the direction of the skid.
-Reduce your speed before approaching a curve in the road or an exit ramp.
An off-duty Lockport police officer crossed the median on I-55 near Cicero on Saturday night, slamming head-on into Man K. Wong's vehicle and causing a third vehicle to crash, as well. Mr. Wong was killed in the collision. The police officer suffered critical injuries, as did two other passengers.
The Illinois State Police are now investigating whether alcohol was a factor in the crash. The police officer remained hospitalized on Monday with a broken pelvis and lacerations to his face and head. Charges against him are pending further investigation.
The holiday season is notorious for drunk-driving related crashes and fatalities. Please designate a driver if you plan to drink.
A 4-year old boy's foot became trapped in the doors of a local Metra train on Saturday afternoon. Luckily, his boot was the only casualty.
According to the boy's mother, she and her two children, ages 4 and 11, took the 5 o'clock train from Union Station in Chicago to Worth. Upon arriving at the Worth stop, she and her 11 year-old daughter stepped off the train, but when she turned to get her son, the doors were closing on him. She was able to grab him, but the doors continued to close and the train started to move, with the 4 year old's foot still inside. She was able to free his foot from the doors, though his boot was left behind.
Metra is currently investigating the incident, acknowledging that the two-person crew working the train may have failed to check the cars, doors and platforms before moving, in violation of established protocol. Metra plans to hold hearings with the employees involved to determine what happened. Metra will also interview the boy's mother.
A 32-year old bicyclist was killed in Chicago on December 16, 2009 by a hit-and-run driver in the Logan Square neighborhood by a van driver who was involved in road rage with another van. According to media reports, the driver of one van rammed a second van repeatedly. The van that was being struck by the other van swerved off the road and crashed through a body shop's wrought-iron fence. Sadly, the driver of the other van also lost control and struck the bicyclist.
The body shop had a surveillance video camera that recorded the crash and its aftermath. Road rage is irresponsible and can lead to tragedy. In this case, an innocent bystander who was reportedly filling out job applications, lost his life. Please drive safe.
"Over the Limit. Under Arrest" is a national program to crackdown on drunk and impaired driving during the holiday season. Driving with a blood alcohol level of .08 or higher is illegal in all fifty states and the District of Columbia. On the topic of drunk driving, U.S. Transportation Safety Director Ray LaHood has stated,
Drunk driving is a major public safety threat that still claims thousands of lives every year. Many states continue to step up their efforts to get drunk drivers off our roads, but the numbers tell us we have to do more. Drinking and driving is dangerous and unacceptable, and I’m asking law enforcement to stay vigilant during this busy holiday season.
According to the Department of Transportation's National Highway Traffic Safety Administration (NHTSA), five states have shown significant reductions in alcohol-impaired driving fatality rates from 2007 to 2008: Vermont, Wisconsin, Maine, Nebraska and Minnesota. The states with the least improvement are Idaho, Rhode Island, Wyoming, Kansas and New Hampshire.
The crackdown will run from today through January 3, 2010.
The derailment of a CTA green line train this past Saturday morning led to minor injuries for 14 passengers and the firing of 4 CTA employees who were operating the train at the time of the derailment.
According to CTA officials, an ignored stop sign caused the derailment. When the operator went past the signal without stopping, the track switch was not aligned for passage, causing the first of six train cars to derail. Investigators have determined that the cause of the derailment was most likely due to employee error not an equipment malfunction.
All four employees operating the train were subsequently fired. The injured were transported to local hospitals for medical care. The other 34 passengers refused treatment for bumps and bruises suffered in the accident.
Continue reading " CTA GREEN LINE TRAIN DERAILS; 14 INJURED " »
An $135,000 verdict was awarded by a Cook County jury in the first case to go to trial arising out of the July 11, 2006 CTA Blue Line derailment. The plaintiff, who was represented by the Law Offices of Jeffrey J. Kroll, suffered psychological injuries after riding in the eighth car of the train that derailed in the tunnel between the Clark and Lake Street station and the Grand and Milwaukee station in Chicago. The plaintiff's medical bills were approximately $13,000.
Judge Susan Zwick entered the judgment order today in the Circuit Court of Cook County.
The Law Offices of Jeffrey J. Kroll is scheduled to give its closing argument in the matter of Martinez v. Chicago Transit Authority on Monday morning before the Honorable Judge Susan Zwick in Courtroom 2609 of the Daley Center. The case arises out of the July 11, 2006 derailment of a northbound Blue Line train and is the first trial to take place arising out of the derailment.
In the wake of mass transit accidents in Boston and Los Angeles caused by train operators distracted by texting while driving, the CTA enacted new regulations prohibiting the use of personal cell phones and other electronic devices while on duty.
According to exclusive reports in the Chicago Tribune, the zero-tolerance rule has led to the firing of ten CTA bus drivers and one rail employee in the last four months. Thirteen bus drivers were also suspended without pay based on "significant yet disputable evidence" against them. There have been 27 other cases where no action was taken against the employee because of insufficient evidence of a violation.
The new policy, enacted in August, has resulted in a significant decrease in the number of complaints from the public and CTA personnel regarding cell phone use by employees. Indeed, 297 complaints were filed in the first 7 months of 2009, averaging out to 42 per month. After implementing the new strict policy, however, the number of complaints between August and November totaled 69, averaging out to 17 per month.
CTA employees seem to be taking the new policy seriously, as they should; the zero-tolerance policy makes even first-time offenders eligible for dismissal.
Train operators, rail maintenance workers and rail-station customer assistants are prohibited from using or possessing personal cell phones, smart phones, personal digital assistants such as BlackBerry devices, MP3 music players, wireless headsets or any other electronic device. The same rules apply to bus drivers, unless a personal cell phone is being used to contact the CTA control center after the bus has been stopped at a curb.
The CTA encourages people to report violations of the rule by calling 888-968-7282 or emailing feedback@transitchicago.com.
The Illinois Department of Transportation (IDOT), Tollway and Illinois State Police (ISP) are urging drivers to prepare themselves and their vehicles for winter driving conditions. "Snow and ice covered roads can significantly impede the flow of traffic, increase traffic congestion, and create adverse driving conditions. If motorists must drive in these conditions, they should plan ahead and allow sufficient time for travel," said ISP Director Jonathon E. Monken.
According to an IDOT press release, more than 3,900 employees and 1900 pieces of equipment will be deployed as needed to keep state routes clear and passable during the 2009-2010 winter season.
IDOT, Tollway and ISP encourage motorists to keep the following safety tips in mind:
* Plan ahead and make sure your trip is necessary before you head out.
* Travel at safe speeds and maintain a safe distance from other vehicles.
* Don't crowd the plow - a snowplow operator's field of vision is restricted. You may see them, but they may not see you.
* Watch out for black ice. Go slow when approaching intersections, off-ramps, bridges and shady areas - all are prone to black ice.
* Always keep your gas tank at least 2/3 full to prevent the vehicle's fuel line from freezing.
* Dress warmly for the weather. Dress in layers of loose-fitting, lightweight clothing in anticipation of unexpected winter weather emergencies.
* Do not travel unless absolutely necessary. If you have to make a trip, check the forecast and plan ahead with safety in mind.
* Make sure someone is aware of your travel route.
* Always carry an emergency car care kit that contains jumper cables, flares or reflectors, windshield washer fluid, an ice scraper, traction material, blankets, non-perishable food and a first aid kit.
* Carry a cell phone.
* Always wear a seat belt.
* Check travel conditions before any trip by calling 1-800-452-IDOT(4368) or online.
Be safe on the roads this winter season!
Continue reading " ILLINOIS STATE AGENCIES URGE CAUTION WHILE DRIVING IN WINTER WEATHER " »
Starting January 1st, semis will be allowed to travel 65 miles per hour on Illinois highways outside of Cook County and the collar counties, up from 55 miles per hour. State legislators have been trying to change the law for years, but Governor Blagojevich vetoed it. With his impeachment and Governor Quinn's succession, the bill was finally passed into law.
Truck drivers are happy to be able to cover more miles in less time, which translates into more money, and proponents of the law point out the safety benefits. Being able to travel with the flow of traffic will hopefully help ease congestion and reduce accidents.
The slower speed limit of 55mph will remain in effect in Cook, Lake, DuPage, Kane, Will, and McHenry Counties.
IDOT cautions drivers that crews will begin removing the 55mph signs starting January 4.
According to recently published research note by the National Highway Traffic Safety Administration's National Center for Statistics and Analysis, fatalities from crashes involving young drivers account for one-fifth of all fatalities on the nation's roads. Previous research has suggested that young drivers lack the experience behind the wheel that most older drivers have, do not have the same maturity level as older drivers, and are more prone to risk-taking behavior and the statistics comport with these characteristics.
Researchers found that young people from ages 15-20 represented only 9% of the U.S. population in 2007 and a mere 6% of licensed drivers nationwide, yet 19% of traffic fatalities were related to young-driver crashes. Of the people killed in young-driver accidents, two-thirds were the young drivers themselves or the passengers (of all ages) of the young drivers. Of the passengers killed riding in vehicles with young drivers, more than two-thirds were between the ages of 15 and 20. Indeed, motor vehicle crashes are the leading cause of death for 15 to 20 year olds.
In an effort to reduce these numbers, a number of states, including Illinois, have implemented "graduated driver licensing" (GDL) program to provide opportunities for experience, lessen the opportunity for risk-taking behavior, and educate young drivers about hazards on roadways. GDL typically consists of three distinct stages: (1) the learner's permit stage in which teen drivers may only drive with a fully licensed adult in the car; (2) provisional or intermediate license stage, in which novice teen drivers may drive unsupervised, but with certain restrictions in place, such as nighttime restrictions and curfews; and (3) full licensing.
The good news is that the number of fatal crashes involving young drivers as well as the total fatalities in these crashes has decreased 13% from 1998-2007.
Keep your young drivers safe by implementing the following tips:
* Restrict nighttime driving. Most nighttime fatal crashes among young drivers occur between 9 p.m. and midnight, so teenagers shouldn't be driving much later than 9 p.m.
* Restrict the number of passengers to reduce distractions.
* Supervise practice driving.
* Prohibit driving after drinking (and discourage drinking altogether).
* Choose vehicles for safety, not image.
* Remember that you are a role model. Young people learn by example, so be sure to practice safe driving yourself.
Continue reading " YOUNG DRIVERS ACCOUNT FOR 1/5 OF ALL TRAFFIC FATALITIES " »
Ray LaHood, the Secretary of the U.S. Department of Transportation, along with R. Gil Kerlikowske, the Director of the White House Office of National Drug Control Policy, kicked off a new national drunk and impaired driving crackdown today called "Over the Limit. Under Arrest." The campaign will involve thousands of law enforcement agencies during the holiday season, one that is notorious for DUI-related accidents. Driving with blood alcohol concentration of .08 or higher is illegal in all 50 states and the District of Columbia.
Secretary LaHood noted that "Drunk driving a major public safety threat that still claims thousands of lives every year. Many states continue to step up their efforts to get drunk drivers off our roads, but the numbers tell us we have to do more. Drinking and driving is dangerous and unacceptable, and I'm asking law enforcement to stay vigilant during this busy holiday season."
In 2008, as compared to the 2007, the alcohol-impaired-driving fatality rate declined in 40 States, the District of Columbia and Puerto Rico and remained the same or increased in the remaining 10 States, according to research performed by the National Highway Traffic Safety Association (NHTSA). Illinois showed a dramatic 17.1% reduction in its alcohol-impaired driving fatality rate; in 2008 there were 362 fatalities in alcohol-impaired crashes (0.34 alcohol-impaired driving fatality rate), down from 439 in 2007 (0.41 alcohol-impaired driving fatality rate).
Secretary LaHood warned drivers that "Law enforcement officers will be out in full force during the upcoming holiday, especially at night and on the weekends, looking for the drunk drivers that put the rest of us at risk." More than $7 million has been spent on national television and radio advertising for the campaign which runs from December 16 through January 3.
This holiday season, remember to designate a driver and never drink and drive. Do your part to keep the roads safe!
Continue reading " NATIONAL CAMPAIGN TO CRACKDOWN ON DUI KICKS OFF " »
Chicagoland saw flurries today and will certainly be receiving its fair share of snow in the coming months. Drivers should exercise extra caution driving in the winter. Icy roads and blowing snow can make the roads more hazardous. Follow these tips when driving in wintry weather:
- Slow down!
- Allow yourself plenty of room to stop; do not follow too closely.
- Avoid skidding by braking gently.
- Turn on your headlights.
- Scrap all ice and snow off of your lights, windshield, mirrors and windows.
- Use low gears to keep traction
- Remember that bridges and overpasses freeze faster than the roads.
- Use caution.
