Chicago Accident and Injury Lawyer Blog

U.S. Transportation Secretary, Ray LaHood, announced today that two major investigations are underway to examine why unintended acceleration occurs.

The National Academy of Sciences will examine unintended acceleration and electronic vehicle controls across the entire automotive industry.

Additionally, the National Highway Traffic Safety Administration (NHTSA), which is part of the Department of Transportation, is addressing the unintended acceleration issue, specifically in Toyotas, with the help of NASA engineers with expertise in areas such as computer controlled electronic systems, electromagnetic interference and software integrity.

Hopefully these experts will get to the root cause of this serious problem.

Patients are nearly 6% more likely to die when they are admitted to a hospital when that hospital is at or near their peak capacity, according to a March issue of Medical Care. Similarly, patients fare better when more nurses are on duty. Sadly, patient risk increases by nearly 8% during weekend admissions and even more (12%) when admission occurs during peak flu system.

Study findings like these should prompt local area hospitals to look at not only the flow of patients, but also at whether hospitals are providing appropriate care during times with high occupancy. Hospitals should also be looking at how to increase patient care during peak flu season and during weekend admissions.

It's that time of year again; it's slowing warming up, flowers are starting to bloom and kids are anxious to get outside and play. If you are like the many families in the Chicagoland area that have a backyard playset, you will want to ensure that your playset is safe before your children or any of their friends play on it this spring and summer.

Within the last year, the Consumer Product Safety Commission (CPSC) has issued a recall to repair Adventure Playsets' Wooden Play Sets, which posed a specific fall hazard due to the plastic coated lumber on the horizontal ladder (monkey bar/swing beam) weakening over time due to rotting whitewood. CPSC advised consumers to stop using this type of playset immediately unless otherwise instructed.

The Chicago Tribune reported that new industry standards for backyard playground equipment no longer permit the flawed design that places swings or other equipment under the monkey bars/swing beam. The new standards were developed by a committee of manufacturers, retailers, safety advocates and consumers who have been studying injuries related to monkey bars since the early 1990s. The increased interest in notifying consumers about the specific hazards related to play sets with monkey bars came about three years ago when a four-year-old Utah boy fell off the monkey bars on such a playset and became entangled in the trapeze hanging below.

The death and injuries suffered by the three seniors from the University of Chicago Laboratory School on their bicycle trip over spring break turned out to be anything but a celebration of their friendship. The trip, which was planned for months and chaperoned by one parent, was cut tragically short when an 86-year-old driver veered across a rural stretch of highway in Southern Illinois and struck the bicyclists. The Chicago teens were all wearing helmets when the minivan crossed the line. Inevitably, questions and discussions have been brought up as to when should elders stop driving.

There may not be a specific age but age does, in fact, affect driving. More and more older drivers are on the road these days. Getting older does not automatically turn people into poor drivers. Conversely, many continue to be safe drivers as they age. But there are physical changes that could impact an individual’s driving skills. For example:

1. Reflexes. As people age, they find that their reflexes are much slower. Slower reflexes may force a longer reaction time for a driver to address to traffic signals or to adjust to appropriate speeds.

2. Joints and muscles. Over time, any individual will experience stiffness in their joints. As one ages, it may be more difficult to move your head to look back, quickly turn a steering wheel or apply the brakes in a timely manner.

3. Vision and hearing. Over time, eyesight and hearing will change. As one gets older, they may need more light to see things. Night driving, glare from the sun, oncoming headlights or other street lights may trouble a driver more than before. This does not even account for vision problems for eye diseases such as glaucoma, cataracts or macular degeneration.

Elder drivers should take a driver refresher class every few years. Check with AARP, or local private driving schools to find a class near you. Similarly, state laws will regulate how and when elder drivers can renew their licenses. The Insurance Institute for Highway Safety’s website discusses the license renewing provisions for elder drivers for each state.

At this point, no one knows if this incident could have been avoided or if this elder could have driven in a safe manner. It is a tragic event that has impacted not only the families of the bicyclists but also the family of the elder driver. If you are concerned that an elder drive may becoming dangerous on the road, you must broach the subject. For many people, an end of driving signals the loss of independence and limitations in their lifestyle. This is something that must be discussed with friends and family and alternatives to driving must be investigated. Our condolences go out to the families of the bicyclists.

Auto collisions are very common. As of today, there have already been 147 fatal crashes reported in Illinois in 2010. Unfortunately, many of these motor vehicle accidents lead to catastrophic injuries and often the wrongful death of a loved one. Under such circumstances, a personal injury attorney may need to be consulted. The purpose of this blog post is to provide consumers with tips for the initial attorney interview in a car accident case.

When meeting an attorney, it is important that the attorney make a strong first impression. This interview will likely establish a foundation for a successful working relationship with the attorney. As a consumer, you most likely will be looking to the attorney for legal guidance, direction and compassion. You want to confirm that your case is handled with urgency. Acknowledge the attorney handling your case is experienced and determined to advocate for you. Trustworthiness and knowledge by the attorney must be demonstrated from the onset. The following are some tips for a successful attorney interview.

1. There must be a comfort level with the attorney. While the attorney may be interviewing you, you should also be interviewing the attorney. To many clients, the community in which they live or their personal history is just as important as their legal background. You ensure that the attorney can empathize with your plight.

2. Are they listening to your story? The attorney should encourage you to openly share what happened on the day of the collision. Inevitably, it was a traumatic day and the client wants an opportunity to discuss what occurred. Does the attorney seem interested? Are they making eye contact? Are they allowing you to speak? At times, a client may be focusing on irrelevant facts. Are the attorneys trying to keep you on track, directing you back to pertinent change of events in your lifetime?

3. What should I bring with me to the attorney interview? Attempting to create a time line of events is always helpful for the attorney. Bring any reports or other evidence in your possession, including police reports, ambulance reports, hospital bills and/or records. Typically, a lawyer handling an automobile case needs to engage in an in-depth investigation as to how the collision occurred. The trial attorney will need to gather the following:
∙ Photographs or videos of the scene and the collision.
∙ Photographs or video of your injuries.
∙ Diagrams of the scene.
∙ Records.
∙ 911 calls and witness statements..

Obviously, a potential client may not know the answers to many of these questions. A prudent attorney can easily obtain this information very quickly by making a request to police departments or other involved agencies.

4. Explanation of the legal process. Make sure the attorney explains any and all legal terms to you during the interview. Do not be afraid to ask or discuss the realities of litigation, including how long the process takes and the likely time frame for obtaining a trial date. Also, discuss the possibilities of settlement before trial and the role in which insurance coverage may play in the potential resolution to the case. You are entitled to these answers. It is your case.

5. Guarantees. There are never any guarantees in litigation. An attorney should express to you and make sure that you understand that there are no guarantees. If an attorney is promising something they cannot deliver, be very leery.

6. Discuss the retainer agreement. Most attorneys dealing with automobiles collision cases will enter into contingency fee agreements with their clients. The attorney must explain to you what a contingency agreement entails. Make sure this agreement is in writing. Make sure you sign and obtain a copy of it.

7. Contact Information. You should provide the attorney with all pertinent contact information. Email address, cell phone number, home phone numbers are all good ways to maintain communication. The attorney must stay in contact with you so that they can properly represent your interest.

Continue reading " TIPS FOR THE INITIAL ATTORNEY INTERVIEW IN AN AUTO ACCIDENT CASE " »

A cup of coffee to go, for many, is a way of life. Breakfast burritos, the drive-thru at McDonald’s, even the drive-thru at Starbucks has turned into an everyday part of our lives. If you are in a hurry, it is oh so tempting and convenient. Most people have done it at one time or another.

Unfortunately, eating while driving is a very dangerous distraction. Hagerty Classic Insurance, a provider of classic-car insurance, has been looking closely at the problem of eating while driving. The insurance company found that drivers had the most problems during morning commutes, when spills were likely to stain their work attire. Hagerty Classic Insurance rated foods commonly consumed in vehicles as to which foods are the worst when it comes to distracting a driver. For many Chicagoland drivers, this list of foods will be eerily recognizable.

Here are the top ten food distractions you can have in the car:

1. Coffee. No matter how hard you try, if you hit a bump, coffee gets spilled. The risk of burning yourself increases the risk for distraction.

2. Hot Soup. Many people will drink it just as if it is coffee and it runs the same risk.

3. Tacos. Not sure why but driving while eating tacos sounds like a recipe for disaster.

4. Chili. This item doesn’t just stand alone it comes with cheese, noodles and/or crackers. After combining these items who knows where you end up on the road.

5. Hamburgers. The combination of grease and condiments dripping creates a potential ugly situation.

6. Barbequed Food. The danger of getting BBQ sauce not only on yourself but your entire car. Are you interested in a BBQ Jetta?

7. Fried Chicken. Once again the combination of greasy fingers plus oil dripping cannot be a good thing.

8. Jelly or Cream Filled Donuts. May taste good but it does have the potential for dripping.

9. Soft Drinks. Always refreshing and always sticky when it spills.

10. Chocolate. A treat that can melt and get anywhere.

Metra plans to spend $100 million to install a high-tech system called positive train control (PTC) before 2015. PTC is a complex system of GPS systems, computers and other equipment that takes over the train in the event that it approaches another train. The system could override an engineer who may be distracted or otherwise miss or ignore a warning signal to slow down.

A father and a son walking on West 18th Place in the Pilsen neighborhood were hit by a truck on March 19, 2010, at around 2:50. The six-year-old boy was killed immediately upon impact. His father remains in critical condition at Stroger Hospital.

According to the Chicago Tribune, the cab portion of the truck, which usually hauls a semitrailer, was travelling southbound on Ashland Avenue when its driver hit the victims at 18th Place. Police issued a ticket to the driver for striking a pedestrian in the roadway. The Major Accident Investigation Unit continues to investigate the matter

The sun is shining today, which means that Spring Break is right around the corner. Although Spring Break is a time for fun, many unnecessary accidents occur due to over consumption of alcohol and/or bad decision-making. Regardless if you are planning to celebrate Spring Break in a foreign country or by taking a road trip within the United States, it is important to remain vigilant, especially if driving. According to the United States State Department,the most common cause of death of U.S. citizens overseas, other than natural causes, is by motor vehicle accidents. Often, the safety standards in foreign countries are either lower than those in the United States or non-existent.

If you find yourself driving this Spring Break, attempt to limit your driving time to the day light hours if possible. Never, under any circumstances, drive after you have been drinking. Do not text or email while driving. Be aware that large trucks may not be able to stop as quickly as a car, so stay out of their blind spots and do not change lanes in front of them if possible. Always obey traffic signals and drive within the speed limit.

Jeffrey J. Kroll, an Illinois "SuperLawyer" and "Leading Lawyer," is speaking on the topic of "Maximizing Your Discussion with the Jury: Opening & Closing Statements" at the Law Bulletin Seminar, "Juror Deselection, Jury Management" on Thursday, March 18, 2010 at the Swissotel in Chicago.

A recent study out of the U.S. Department of Transportation estimates that the number of traffic fatalities reported at the end of 2009 reached the lowest level ever since 1954. Specifically, the data compiled by a division of the National Highway Traffic Safety Administration (NHTSA) shows that, in 2009, 33,963 people died in motor vehicle crashes, which represents a drop of 8.9 percent from the 37,261 deaths reported in 2008.

According to a Department of Transporation press release, NHTSA attributes the decline in traffic fatalities to a combination of factors, including campaigns like Click It or Ticket to increase seat belt use. It also generally credits the decline to safer roads, safer vehicles and motorists driving less.

The Law Offices of Jeffrey J. Kroll encourages everyone to continue to make an effort to keep our roads safe and keep traffic-related fatalities down.

Parents and caregivers of newborns should be aware that sling-style infant carriers may be dangerous. The Consumer Product Safety Commission (CPSC) said it has investigated at least thirteen deaths associated with the sling-style carriers over the last twenty years, including three deaths in 2009.

According to the CPSC, the babies who died in slings were a low birth weight twin, were born prematurely, or had a cold.

The CPSC advised that slings can pose a suffocation hazard in the following ways:

* A sling's fabric can press against a baby's nose and mouth obstructing the baby's airway or

* A baby with insufficient neck control could flop its head forward resting its chin on its chest in a C-shaped carrier restricting the baby's ability to breathe.

If you are a parent or caregiver of a newborn, please consider the warning from the CPSC regarding infant carriers.

Continue reading " BABY SLINGS COULD CAUSE INFANT DEATH " »

The Illinois Freedom of Information Act (FOIA) is an Illinois state statute designed to provide Illinois residents the right to access government documents and records. Everyone has the right to file a FOIA request to any state or local entity, including any city, township, village or county office. On January 1, 2010, the Illinois legislature strengthened FOIA to provide the public with increased access to government information.

In contrast to the previous version of the statute, which gave government entities seven business days to respond to a request, now governments must respond to requests within 5 business days after receiving any request. If the entity fails to respond to a request, their inaction is considered a denial. Thereafter, the person making the request can either file a Request for Review with the Attorney General or file a case in court. The Attorney General's Public Access Counsel will review rejected FOIA requests and issue rulings in FOIA disputes.

Additional changes to FOIA give courts the authority to impose fines of $2,500 to $5,000 on government entities that "willfully and intentionally" violate the statute. Also, the fee for FOIA requests has been regulated: government bodies must provide the first 50 black-and-white pages of a response free of charge and additional pages cannot cost more than 15 cents per page. Although governments may charge more for color or oversized copies, they cannot price them beyond the cost of production.

For additional questions regarding how to make a FOIA request, visit the Illinois Attorney General's website.

The Law Offices of Jeffrey J. Kroll filed a lawsuit today against Hulcher Services, Inc. alleging negligence in a December, 2008 rail yard incident wherein Plaintiff, Michael Haddix, sustained serious injuries causing him to lose all five toes on his left foot.

At the time of the incident, Haddix, a trainmaster, was a 16-year veteran with the Belt Railway Company of Chicago. At the rail yard, two train cars were locked together when a pin lifter on the coupling became jammed. Hulcher Services, Inc. brought in a hi-rail crane to uncouple the train cars. The crane was improperly supported and shifted causing Plaintiff's severe injuries.

Continue reading " CRANE INJURY ATTORNEY FILES LAWSUIT ON BEHALF OF INJURED RAILROAD WORKER " »

Yesterday evening at about 10:15 p.m. the driver of a Ford Escort lost control of her vehicle on northbound I-57 near Halsted Street according to Sun-Times reports. The vehicle drove off of the right embankment and hit a light pole, causing it to break at its base. The 9 year-old daughter of the driver, who was sitting in the back of the car, was ejected from the vehicle on impact, landing on the grassy embankment, where the light pole fell on top of her. The driver and the 9 year-old were taken to Advocate Christ Medical Center with non-life threatening injuries. The adult female passenger in the front seat was killed in the accident. The driver has been charged by police with DUI.

Continue reading " CRASH ON 1-57 KILLS ONE AND DRIVER CHARGED WITH DUI " »

The Law Offices of Jeffrey J. Kroll represents individuals who have been the victims of brain injuries. March is "Brain Injury Awareness Month." There is a continuum of levels of brain injury, but all are serious.

The U.S. Centers for Disease Control is encouraging school professionals, coaches, athletes and parents to learn the risks of concussions in youth sports in recognition of Brain Injury Awareness Month. The emphasis is on identifying when a concussion has occurred and ensuring that sufficient time has passed before returning to playing sports. A repeat concussion before the brain has sufficiently healed places athletes at a high risk for long-term effects.

In addition to an increased risk in sports, members of the armed services are at increased risk for brain injury. The Pentagon has a new policy wherein U.S. troops in Iraq and Afghanistan subjected to roadside bomb attacks will be pulled from duty for at least 24 hours and medically examined before being cleared for battle again. The goal is to detect injuries as early as possible.

Protocols requiring a rest period for healing and medical observation are essential to preventing long-term damage after a mild brain injury.

A fog advisory is in effect in Chicagoland until 10:00 a.m. tomorrow morning. Driving in foggy conditions can be dangerous. The Illinois Secretary of State offers the following tips for operating a vehicle in the fog:

- Slow down.
- Do not use cruise control.
- If you see headlights or tail lights, slow down even more. A driver may be driving in the center of the roadway or may be stopped or barely moving.
- Dim your headlights or use fog lights.
- Do not "overdrive" your headlights.
- You may not see the vehicle in front of you and you may have to stop suddenly.
- If the fog is too dense to safely operate your motor vehicle, pull off the roadway and stop.
- Brake early when you approach a stop to warn other drivers that you are in front of them.

A semi trailer crashed into the rear of a Chicago Transit Authority (CTA) bus this afternoon injuring at least twelve people aboard the bus. The incident occurred at Loomis Street and Cermak Road in the west side of Chicago. The cause of the crash is under investigation.

Unfortunately, there were a number of other serious car accidents around Chicagoland this weekend. Eleven people were taken to the hospital after a two-car crash on the southside. In another tragic incident, four women were killed when their vehicle crashed into a tree in Englewood.

The Law Offices of Jeffrey J. Kroll is a Chicago-based law firm focused on transportation negligence cases. We represent individuals and families who have been the victim of truck, bus and automobile crashes. Our attorneys have seen firsthand the tragic outcome of serious car crashes and remind drivers that March is National Collision Awareness Month. Contact us today at (312)676-7222 if you or a loved one have been injured due to someone else's negligence.

In observance of National Collision Awareness Month, School Transportation News featured attorney Jeffrey J. Kroll in an article promoting safe driving tips. The article (which can be read in its entirety here), provides the following simple safety recommendations:

• Eliminate distractions while driving. Focus on the road, not the backseat or that hot cup of coffee, when you are behind the wheel.
• Don't multitask while driving. Never text or email. Also, refrain from adjusting the radio, applying makeup or snacking. Taking your eyes off the road, even for a second, can create a lifetime of loss.
• Keep your vehicle clean. Keep the area near your accelerator and brakes free from debris.
• Don't ever drive impaired. Call a friend, take a taxi, or use public transportation if you feel you are unable to drive for any reason.
• Drive with your headlights on, even during the day.

The Law Offices of Jeffrey J. Kroll encourages all drivers to take the time this month to evaluate their driving practices in an effort to make our roads safer.

A recent study performed by researchers at MD Cancer Center in Houston found that preventive mastectomy is more than what is needed for most women diagnosed with breast cancer. The study did find, however, that survival rates increased with preventive mastectomy for a specific subset of breast cancer patients, as TIME magazine reports. Women under age 50, who had early stage cancer (stage I or II) and tumors that were negative for the estrogen receptor saw an increase in their chances of surviving to five years. Less than 10% of women fit this criteria, and the increase, 4.8%, was small as compared with women who did not have preventive mastectomy. Most women, of the 107,000 involved in the study, did not obtain a survival benefit from having the unaffected breast removed.

The results of the study will help women diagnosed with breast cancer to make a more informed decision when faced with the difficult options concerning whether to undergo a mastectomy not only to remove a cancerous breast, but also the other, unaffected breast as a preventive measure. Cancer detected in one breast has a tendency to spread to the other breast and studies have documented the the reduction in recurrence of cancer when both breasts are removed. This study is the first to connect this decision with the chances of survival.

Historically, teenage boys have a reputation for driving more dangerously than teenage girls. However, a new insurance industry study reveals that teenage girls may be closing the gap.

The Allstate Foundation, which is part of Allstate Corp., released a study reporting that teenage girls admit to speeding, texting and active aggressively behind the wheel more often than their male counterparts.

Distracted driving is a serious concern on the roadway. Drivers of all ages could easily be distracted if they are sending a text message or not giving their full attention to the road ahead. Teens are just learning how to drive and should be focusing on driving. It is simply not worth the risk of killing yourself or others. Please put your cell phone away until you arrive at your destination.

On February 23, 2010, a female pedestrian was killed on Chicago's South Side in a hit-and-run accident. The incident occurred at 69th and Halsted. A man has now been charged for his involvement in this incident. Police were able to review video surveillance footage from the area, including red light camera footage.

There is debate regarding whether the red light cameras are effective at reducing accidents. Some data shows that the cameras actually increase the number of accidents at intersections because drivers may slam on their brakes to avoid entering the intersection. The State Senate will debate a bill this week banning red light cameras, except for in construction sites and railroad crossings. Perhaps if the red light cameras are banned, surveillance cameras should be installed in their stead to identify hit-and-run drivers and other criminal activity. It is satisfying to know that the man involved in the hit-and-run has been identified and charged.