Chicago Accident and Injury Lawyer Blog

On a beautiful day like today, there is nothing better than being outside with your family, visiting a park or a playground. Of course, you must try to keep an eye out for safety hazards that could lead to serious injuries or death. The Center for Disease Control and Prevention reports that each year in the U.S., emergency departments treat more than 200,000 children ages 14 and younger for playground-related injuries.

Safe Kids USA provides the following playground safety tips:

- Avoid playgrounds with asphalt, concrete, grass, dirt and soil surfaces under the equipment. Instead, visit playgrounds with sand, gravel, wood chips, mulch or shredded rubber under playground equipment.

- If there are any hazards in a public or backyard playground, report or fix them immediately and do not allow children to use the equipment until it is safe.

- Prevent unsafe behaviors like pushing, shoving, crowding and inappropriate use of equipment.

- Ensure that children use age-appropriate equipment.

- Remove hoods and neck drawstrings from children’s outerwear. Never allow children to wear helmets, necklaces, purses, scarves or clothing with drawstrings while on playgrounds.

If you or someone you know was injuried at a playground due to the negligence of another, please fill out the consultation form or call us at (312) 676-7222. The attorneys at the Law Offices of Jeffrey J. Kroll will consider your particular situation and help you decide whether to file a personal injury.

The personal injury attorneys at the Law Offices of Jeffrey J. Kroll are experienced at handling dog bite cases. If you are bit by a dog, you may have grounds to take legal action against the dog's owner. The Illinois Animal Control Act, 510 ILCS 5/16, states:

If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.

According the U.S. Centers for Disease Control data on dog bites, 4.5 million people are bitten by dogs each year. In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs. Sadly, most of the victims who receive medical attention are children. Many children are bitten in the face, causing permanent disfigurement.

Merritt Clifton, editor of Animal People, has compiled statistics and has presented a detailed study of dog bites for the last two decades. Importantly, Mr. Clifton emphasizes the dangerous behavior of pit bills and Rottweilers and remarks:

[I]t is sheer foolishness to encourage people to regard pit bull terriers and Rottweilers as just dogs like any other, no matter how much they may behave like dogs under ordinary circumstances. Temperament is not the issue, nor is it even relevant. What is relevant is actuarial risk. If almost any other dog has a bad moment, someone may get bitten, but will not be maimed for life or killed, and the actuarial risk is accordingly reasonable. [However,] if a pit bull terrier or a Rottweiler has a bad moment, often someone is maimed or killed, and that has now created off the chart actuarial risk, for which the dogs as well as their victims are paying the price.

Continue reading " CHICAGO DOG BITE ATTORNEY DISCUSSES LIABILITY FOR DOG BITES AND IDENTIFIES DANGEROUS DOG BREEDS " »

The rate of dog bite–related injuries is highest for those ages 5 to 9 years. As a Chicago personal injury attorney who handles dog bite cases, I have handled a number of matters involving dog bites. Two common scenarios involving children include: (1) a child is bit by a neighborhood dog who has run away from its owner's home and (2) a child visiting a friend's home is bit by the family dog. To help prevent children from being bitten by dogs, encourage them to follow these safety tips from the U.S. Centers for Disease Control:

- Keep your distance from an unfamiliar dog;
- Do not pet an unfamiliar dog with
- Do not run from a dog or scream;
- Be very still when approached by an unfamiliar dog;
- If a dog knocks the child over, he or she should roll into a ball and lie still;
- Avoid direct eye contact with the dog;
- Let the dog sniff and see you before you pet it; and
- Do not disturb a dog that is sleeping or eating.

Remember that an adult should be present and supervising when a child is playing with a dog. Also, the presence of stray dogs or dogs displaying unusual behavior to an adult should be reported to the authorities.

Continue reading " DOG BITE ATTORNEY IN CHICAGO SHARES TIPS TO PREVENT CHILDREN FROM BEING BITTEN " »

The papers reported another tragic railroad-related death this morning. Melinda Carter, a Chicago woman and CSX Corporation employee was struck and killed by a locomotive Friday evening.

Ms. Carter was conducting a routine switching operation when she was struck by a locomotive in CSX's rail yard in Riverdale. An experienced railroad worker, Ms. Carter was a member of CSX's safety committee. Officials continue to investigate the incident.

At this point, you might be asking yourself: What are railroads doing to prevent train accidents? The Federal Railroad Administration (FRA), the division of the United States Department of Transportation that regulates railroad track safety, lists positive train controls (PTC) as the leading technology in the prevention of train accidents. According to the FRA website, this technology can automatically control train speeds and movements when a locomotive engineer fails to obey stop signals, notify engineers when a car is on the tracks, and prevent casualties and injuries to railroad workers, among other things.

All railroads should begin installing and implementing such life-saving technology as soon as possible. The Rail Safety Improvement Act of 2008 (RSIA) (signed by the President on October 16, 2008, as Public Law 110-432) has mandated the widespread installation of PTC systems by December 2015.

Just days after Canadian National Railway (CN) employees disengaged grade-crossing warning devices at Stuenkel Road in University Park last Friday, causing the tragic death of 26-year-old Katie Lunn, the U.S. Surface Transportation Board (STB) demanded that CN explain discrepancies in its report of railroad crossing blockages caused by the railroad. (As background, last year, the STB required CN to report every blockage lasting 10 minutes or more as a condition of its approval of CN's recent acquisition of the EJ&E railroad lines, which run from Waukegan, Illinois to Gary, Indiana).

In CN's report to the STB for the months of November and December 2009, it listed only 14 instances of grade crossings blockages for 10 minutes or more. However, an audit of CN's own equipment reported blocked grade crossings in 1,457 instances at 85 different crossings along the former EJ&E lines during that same two month period.

A railroad crossing is a place where a street or highway crosses railroad tracks either at grade (where the street or highway and the railroad are at the same elevation) or by a separation of grades. It may also apply to locations where railroad tracks cross a roadway or sidewalk. Typically, railroad companies own, install and maintain railroad tracks, the rocky bed around and under the tracks (referred to as ballast), and the traffic control devices on either side of the tracks. When numerous freight and commuter trains occupy train tracks that cross a street or highway, a blocked railroad crossing results.

The recent events surrounding CN are particularly concerning because motorists and pedestrians depend on railroads to operate and maintain crossings. When railroad warning systems malfunction due to negligence, the public suffers the consequences. Also, blocked crossings, like those caused by CN, cause severe traffic congestion and can lead to accidents involving numerous cars and pedestrians.

Continue reading " DANGERS ASSOCIATED WITH BLOCKED RAILROAD CROSSINGS " »

With spring weather here in earnest, many bicyclists are facing a danger that they literally do not see coming. One of the most common accidents to a bicyclist occurs when a car door is opened in the path of a bicyclist. People who are exiting a parked car must look for bicyclists every time they exit. This is especially true in the City of Chicago. The City of Chicago understands this problem and currently has an ordinance which makes it illegal to open a car door in front of a bicyclist.

Chicago Municipal Ordinance 9-80-035 provides:

No person shall open the door of a vehicle on the side available to moving traffic unless or until it is reasonable safe to do so and can be done without interfering with the movement of other traffic, nor shall person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

The Law Offices of Jeffrey J. Kroll is concerned with bicycle safety and has previously posted bicycle safety tips on this blog. If you or a loved on have been injured as a bicyclist, contact our personal injury law firm at (312)676-7222.

Jeff Kroll, the founding partner of the Law Offices of Jeffrey J. Kroll, has once again been named one of the top 100 trial lawyers in Illinois by the American Trial Lawyers Association. In 2010, Mr. Kroll was been named as one of the Leading Lawyers in Illinois and has also been selected as an Illinois Super Lawyer.

The Law Offices of Jeffrey J. Kroll, a Chicago based personal injury firm is best known for its success in fighting for victims of automobile, truck, railroad and bus accidents. He has also achieved record settlements and verdicts in other personal injury and wrongful death matters, including workplace accidents and medical malpractice.

Jeffrey J. Kroll will speak at a seminar tomorrow in Las Vegas on the topic of "Knowing, Understanding & Appreciating What the Adjuster & Insurance Claims Department Needs, Wants & Has to Have in Order to Settle the Case (and Why Clueless Plaintiff Lawyers Always Leave Significant Dollars on the Table)." The "Torts Made Perfect" seminar is being held at the Wynn. Holocaust Survivor and champion of human rights, Elie Wiesel, is also speaking at the event.

Jeff Kroll joined Jan Jeffcoat and David Novarro on this morning's "Good Day Chicago" to discuss the possible legal consequences for adults who provide underage drinkers with alcohol. Check out the segment here:

Chicago personal injury attorney, Jeffrey J. Kroll, will be a guest on Fox's "Good Day Chicago" tomorrow morning at 7:20 a.m. to discuss prom safety tips for parents and teens. Check it out!

Shortly before a deadly crash in which an Amtrak train struck an SUV driven by a Chicago woman, Canadian National track crew inadvertently turned off the gates and warning lights at the Steunkel Road rail crossing in University Park late last week. Witnesses reported that no lights came on and no gates came down at the crossing. Video cameras aboard the Amtrak train also confirmed witnesses reports. Now state and federal investigators have identified the reason why the gates and lights failed to activate.

An SUV collided with a semi tractor-trailer truck in Lombard this evening injuring two pedestrians. The crash happened at about 8:15 p.m. at the intersection of Main Street and Roosevelt Road. The fire department emergency crews found a woman lying in the parkway and a man pinned under the vehicle. The driver of the SUV was trapped in the vehicle.

The tractor-trailer involved in the incident was a Jewel-Osco food truck. The Law Offices of Jeffrey J. Kroll has previously represented the family of a young woman who was killed when her stopped vehicle was struck from the rear by a Jewel food truck.

The incident is under investigation by the Lombard Police.

This morning, nine (9) elementary aged students from Joliet sustained injuries when a school bus driver lost control while making a u-turn and forced the school bus into a ditch. The bus driver was ticketed for failing to reduce speed to avoid a collision. The driver, Jeffrey Baranski, 63-years-old, was driving north on Route 53 when he attempted to turn the school bus around to travel southbound. Baranski lost control of the bus while making the u-turn and the bus entered a ditch in the center median. According to reports, the students were thrown forward on impact, with several suffering neck and back soreness.

School bus safety is a major concern to parents and school administrators throughout the United States. Each year, a number of students sustained significant injuries or worse, death, as a result of school bus accidents. Jeffrey J. Kroll was quoted in an April 2010 School Transportation News article entitled "The Cost of Hiring the Wrong Bus Driver." and school bus safety is a frequent topic on his blog. The Law Offices of Jeffrey J. Kroll handles all types of transportation injury cases, including school bus accident cases.

Sadly, the Chicago Tribune reported that a 26-year-old woman was killed by an Amtrak train on Friday in south suburban University Park. The woman was driving her car over a railroad crossing after leaving Governor's State University when the incident occurred.

The Tribune stated that Canadian National Railway Company, the owner of the tracks, is currently investigating whether the railroad crossing's signal system was working properly at the time. People familiar with the intersection claim this railroad crossing is problematic.

In general, railroads have a duty to provide adequate warning devices at their rail crossings. Anderson v. Chicago Cent. & Pac. R.R. Co., 771 F. Supp. 227, 229 (N.D. Ill. 1991). Where railroad crossings are maintained by a railroad, the public has a right to rely on the railroad to keep them in efficient working conditions. Langston v. Chicago & N.W. Ry. Co., 398 Ill. 248, 254 (1947).

The attorneys at the Law Offices of Jeffrey J. Kroll have experience handling railroad injury cases. In fact, early this year Jeff Kroll published an article entitled "Handling a Railroad Crossing Case" in the Illinois Trial Lawyers Association Trial Journal. You can read his entire article here.

Toyota has asked dealers to stop selling the new 2010 Lexus GX 460 after Consumer Reports issued a safety warning regarding an increased risk of rollover during a turn. Consumer Reports Magazine urged buyers to not purchase the SUV. The vehicle's electronic stability control (ESC) program failed to keep the vehicle in line during a severe handling maneuver at a speed in excess of 60 mph. Drivers of the Lexus GX 460 should be extremely careful when turning the vehicle and driving on exit ramps.

About 5,000 GX 460s have been sold.

The State of Illinois has released mortality data for hospitals, which can be found online at the healthcarereportcard.illinois.gov/

While some hospitals were critical of the statistics arguing that the health condition of the patients treated was not considered, the head of patient safety at the Illinois Department of Public Health, said the methodology was developed by the federal Agency for Health Care Research and Quality where it underwent significant testing and evaluation.

Spring is a great time to make sure that your windows and doors are safe and secure, especially to prevent injuries to the little ones in your household. Falls from open windows occur more often in the spring and summer; however, if you carefully supervise children and install window guards, you can prevent such devastating falls.

Safe Kids USA provides the following tips for preventing falls from windows:

• Install window guards with an emergency quick release in case of fires.
• Install window stops so windows cannot be opened more than 4 inches.
• Keep all windows closed and locked when not in use.
• Never put any furniture under a window -- take measures to prevent kids from climbing up onto window ledges.
• Don't rely on window screens to prevent falls.
• Always supervise children around open windows.

Falls can occur even from first-story windows. Please take the time this weekend to make sure that your windows are safe.

School bus drivers are responsible for transporting our precious cargo every day. School bus companies should ensure that their drivers are fully trained and capable of performing their job.

Jeffrey J. Kroll, was quoted in a April 2010 School Transportation News article titled, "The Cost of Hiring the Wrong Bus Driver." The article focuses on the costs associated with hiring ill-trained bus drivers, such as injury to students and others, increased liability and dissatisfaction among the school community. Jeff emphasized the need to fully train and properly select drivers to ensure that they are operating and managing the bus safely. Further, if there are any concerns, get rid of the driver.

Continue reading " SCHOOL BUS LIABILITY ATTORNEY URGES BUS COMPANIES TO ENSURE THAT THEY HIRE AND RETAIN SAFE DRIVERS " »

Next year, the oldest baby boomers will turn 65, which means that the number of older drivers on the road will be increasing in the years to come. Illinois has a stringent driver's license renewal program, which requires 81- to 86-year-old drivers to renew their licenses every two years instead of the standard four — complete with vision and road tests. Those 87 and older have to renew annually.

Today, there are more than 20 million drivers age 70 and older on the roads, compared with 18 million in 1997, according to the Insurance Institute for Highway Safety. In an article on the topic of older drivers, the Chicago Tribune reported that in Illinois, more than 796,000 residents over the age of 70 have licenses.

The Law Offices of Jeffrey J. Kroll recently posted an article on this blog regarding safety issues involving older drivers.

Heather Begley, an associate with the Law Offices of Jeffrey J. Kroll, was featured in the Q & A segment of the Chicago Lawyer Magazine Blog, "Around the Water Cooler."

Read the post here: http://h20cooler.wordpress.com/2010/03/29/q-a-with-heather-a-begley/

The Law Offices of Jeffrey J. Kroll wishes you a Happy Easter!

Sadly, the Chicago Tribune reported today that an offensive lineman and one of The University of Notre Dame's top recruits, died in a fall from a hotel balcony in Panama City, Florida, while on a spring break trip with friends. At this point, news reports are sparse, but it is known that he fell over a balcony and died instantly.

Just weeks ago a 24-year-old man died when he fell off his balcony on the 24th floor of his apartment building in Manhattan. In that case, officials reported that the fall may have been the result of dilapidated balcony railings as preliminary investigations revealed that the balcony fencing and posts were loose and possibly damaged.

As the weather increasingly warms up this Spring, many will again begin to spend a significant amount of time on their decks and balconies. After a long winter, it is important to have decks and balconies inspected as inclement conditions often cause severe wear and tear on these structures. If there is any concern about the stability of your deck or balcony, contact your landlord or a certified inspector immediately. Accidents due to faulty decks or balconies can be fatal.

Continue reading " DECK AND BALCONY SAFETY " »

With the weather turning warm and more hours of daylight, more and more people will take to the roads on their motorcycles. Sadly, it seems like every weekend we are reading about someone being killed or seriously injured in a motorcycle crash. There were 5,290 motorcycle crash fatalities in the U.S. in 2008 alone. There are many causes to motorcycle accidents; bad roads, motorist inattention, excessive speed, bad weather, etc. Whatever the reason, the statistics are mounting at a somewhat rapid rate. In fact, motorcyclist fatalities now account for 10% of all motor vehicle traffic crash fatalities.

Typically, most of the fatalities involve motorcyclists age 20 to 29according to statistics kept by the National Highway Transportation Safety Administration. With the lack of experience most of the motorcyclists have, it does not take much thought to figure out that motorcycles have the potential to be death traps. Here are some ways that motorcyclists can make this hobby safe and enjoyable:

1. Watch Your Speed - Motorcycles accelerate the fastest of all vehicles on the road. Trucks and buses accelerate the slowest. Be careful and maintain a safe speed.

2. Check Yourself and Your Bike - Do a quick safety inspection of your bike before going out for a ride and wear protective clothing and a helmet. Proper maintenance and protective clothing will reduce the chance of a crash and diminish the severity of an injury if you are involved in a crash.

3. Drive to Survive - Motorcycles are the smallest vehicles on the road and provide virtually no protection in a crash. Often, other drivers will not see your motorcycle in their rear or side view mirrors. Ride with caution and drive defensively. This will prevent other drivers from causing an accident with you.

4. Watch the No-Zones - Never hang out in a truck's blind spot or "no-zone. Trucks have large no-zones on both sides, in front and behind. If you are riding in a no-zone the truck driver cannot see you. Take particular caution if you are riding near trucks. Many crashes occur when motorcycles are riding in a truck's front no-zone and need to stop. Motorcycles can stop much faster than a truck and crashes often occur when truck driver's can't see the motorcycle in their no-zone and can't stop in time to avoid a crash.

Continue reading " MOTORCYCLISTS BEWARE: SUMMER TRAFFIC SEASON IS HERE " »