Chicago Accident and Injury Lawyer Blog

This summer, the Illinois legislature amended 625 ILCS 5/11-1002, an Illinois statute, which requires drivers to STOP and yield the right-of-way to pedestrians using crosswalks if there are no traffic control devices present. Previously, the statute merely cautioned drivers to slow down or stop if need be, which caused confusion with both drivers and pedestrians.

Local newspapers have recently reported that the Chicago Police Department has stepped up its enforcement of the new crosswalk statute. In fact, soon all yellow yield signs that currently protect crosswalks should be replaced with red stop signs. Law enforcement officials hope that the new crosswalk law will enhance safety and minimize accidents involving cars and pedestrians.

In Illinois, the law does not compel a pedestrian to constantly stare in the direction of oncoming traffic. Sandquist v. Kefalopoulos, 49 Ill. App. 3d 456 (1st Dist. 1977). This Chicago personal injury attorney has found that the case law in Illinois holds that a pedestrian's failure to keep a constant lookout after he has reasonably and cautiously entered a street does not constitute contributory negligence. Moore v. Checker Taxi Co., 133 Ill. App. 2d 588 (1st Dist. 1971) (affirming jury's finding against defendants even though pedestrian did not use crosswalk when crossing the street).

Continue reading " MOTORISTS MUST STOP FOR PEDESTRIANS AT CROSSWALKS " »

The Chicago Tribune reports that Toyota has moved to settle the lawsuit brought by relatives of California family killed in the accident "largely considered the starting point of Toyota's recall nightmare of the past year..." The crash involved a California Highway Patrol Officer who was killed, along with his wife, his 13 year-old daughter and his brother, when his Lexus ES 350 raced uncontrollably at speeds up to 120 miles per hour on the freeway. The vehicle had been loaned to him by the dealership, while his car was in for repair. The 911 call from that incident focused an intense spotlight on the issue of unintended acceleration in Toyota vehicles. However, recent reports from the National Highway Traffic Safety Administration have suggested that many other reported cases of unintended acceleration were the result of driver error. Toyota declined to say how much the settlement was for. Toyota has recalled nearly 8 million vehicles for accelerator issues, including both gas pedals and loose floormats.

When a child is in a car accident, it can be very traumatic and dangerous. Protect your little one from further harm by ensuring that your child's car seat is safe. Used car seats could be unsafe because they could be missing parts, padding or the wear and tear over the years could make it less stable in a car crash. Experts recommend not using car seats that are more than six years old.

Earlier this week, I posted a blog regarding safety in construction zones in light of the death of an Orland Park flagman working in Robinson, Illinois. Tragically, today, the Chicago Tribune reported another trucking accident: on Friday afternoon, a Chicago truck driver struck a construction worker as he was driving his semitrailer truck on a Stevenson Expressway off-ramp. The truck driver was issued tickets for failing to stop in a construction area, making an improper turn and disobeying a traffic control device.

All drivers should reduce their speed and proceed with extreme caution when driving in construction zones, regardless if workers are present or not. Construction workers often attend to tasks near open roads and are at increased risk of danger when driver's fail to pay attention to the roads, attempt to make phone calls or text while driving.

The Chicago personal injury attorneys at The Law Offices of Jeffrey J. Kroll urge everyone to drive safely in construction zones.

Part of the agreement that permitted Canadian National Railway (CN) to acquire the 198-mile EJ&E freight, which runs in an arc from Waukegan, Illinois to Gary, Indiana, required the installation of signs that prominently displayed emergency information including emergency phone numbers and information identifying crossing markers to "enable drivers to report accidents, malfunctioning warning devices, stalled vehicles or other dangerous conditions."

Recently, the suburban coalition called The Regional Answer to Canadian National, or TRAC, opposed to CN’s increased rail activity in their towns has complained that the signs are so small that drivers cannot read the information on the signs from their vehicles. The acquisition has been riddled with opposition in fact. Earlier this year, the SurfaceTransportation Board (STB) demanded that CN explain discrepancies in its report of railroad crossing blockages caused by the railroad.

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. In many of the affected towns, students are required to traverse these railroad tracks daily. When railroad warning systems malfunction due to negligence, the public suffers the consequences. Many train accidents and derailments could be prevented by proper maintenance of trains and crossing guards, as well as by railroad employees’ following of proper procedures.

A new industry rule on window blind cords does not address all strangulation risks to children and ignores input from consumer advocates. Cords on window blinds are the cause of death of roughly one child per month in the U.S. The voluntary standard recently published by the Window Covering Manufacturers Association (WCMA) prohibits accessible inner cords on Roman shades, but still allows long draw cords. Inner cords weave between the slats of horizontal blinds or attach to the back of Roman shades. Consumer groups and child safety advocates say this new rule does not go far enough to address strangulation risks. The WCMA enacted the rule despite this criticism from these groups.

The Consumer Product Safety Commission (CPSC) will review whether additional changes should be made to the Roman shade standard. The CPSC issued a warning earlier this year regarding the strangulation risks associated with window blind cords, which led to the recall of thousands of blinds sold in the U.S. The CPSC and consumer groups have long urged makers of blinds to eliminated cords altogether, cover them or even reduce them to 7.25 inches, which is too short to strangle a child. Some manufacturers have done this, however the industry rules fall short of this standard, which is why consumer groups and safety advocates continue to protest.

The Law Offices of Jeffrey J. Kroll successfully handles product liability cases for those injured by defective products, including those against window blind manufacturers. Contact the Law Offices of Jeffrey J. Kroll today at (312) 676-7222.

Heather A. Begley, an associate with the personal injury law firm of the Law Offices of Jeffrey J. Kroll, was selected as one of the Law Bulletin Publishing Company's Top 40 Under 40 Illinois Attorneys to Watch.

The "40 Under 40" Committee received over 900 applications for this honor. Fellow attorneys recommended nominees and the “up-and-comers” chosen demonstrated “intelligence, passion, scores of successful verdicts, hard work for their clients, a desire to help the community and willingness to work hard at one of the country's most important professions.”

Begley practices personal injury and wrongful death law and represents clients in trucking negligence litigation, railroad disasters, medical malpractice, car crashes and construction negligence.

At the Law Offices of Jeffrey J. Kroll, we zealously advocate on behalf of our clients, including those who are a victim of a school's negligence. School bullying was the topic of a two-day summit in Washington, D.C. in August. The summit was attended by government officials, superintendents, researchers, corporate officials, and students. The goal of the summit was to formulate a national plan to reduce and ultimately end bullying.

A recent study by the National Center for Education Statistics found that just under a third of students age 12-18 reported that they had been bullied in school. An earlier study found that the harassment most often came in the form of "being made fun of" and "being the subject of rumors."

Bullying in the 21st Century is not limited to school, but extends outside the classroom and especially on the internet. Cyberbullying, as it is known, has become more and more common among school age children. It ranges from sending mean, threatening or vulgar messages, to posting sensitive or private information or photographs of another person online. Earlier this year, a 15 year-old girl, Phoebe Prince, committed suicide after being bullied relentlessly at her high school and online by several other students. For many, including school administrators, it was a shocking wake-up call that bullying is a serious threat to be dealt with.

Jeffrey J. Kroll is a tireless advocate for injured children in all types of cases, including school liability. He can be contacted at 312-676-7222. Learn more about Jeffrey J. Kroll and the Law Offices of Jeffrey J. Kroll by viewing his website.

During Child Passenger Safety Week, the Law Offices of Jeffrey J. Kroll asks that you ensure that your little one's safety seats are properly installed. The National Highway Traffic Safety Administration has estimated that close to 3 out of 4 parents do not properly use child restraints. Unfortunately, motor vehicle crashes are the leading cause of death for children ages 3 to 14. Make sure that your child's car seat is properly installed and that you have the proper car seat for your child.

Now is a good opportunity to replace old or recalled children's products. Between now and September 19, 2010, Babies 'R' Us is hosting a ''Great Trade-In'' event, providing its customers the opportunity to trade-in any used children's products, including drop-side cribs, dangerous car seats, unsafe bassinets, recalled strollers, travel systems, playards, toddler beds or high chairs in exchange for a 25% savings on the purchase of a new item, in any of these product categories. The Law Offices of Jeffrey J. Kroll does not specifically endorse Babies 'R' Us, but does ask you to take a look at the baby and children's products that you use and replace those that have been recalled or are no longer working.

As a Chicago personal injury attorney who has handled many car accident cases, all of which are sad, it is particularly troubling when I hear about a head-on collision incident. Around 3 a.m. on Sunday, September 12, 2010, a vehicle, which was reportedly speeding at approximately 90 miles per hour and heading south in the northbound lanes, collided with a vehicle heading northbound near Hazel Crest, Illinois on the Tri-State (I-80/I-294).

This incident is under investigation and it is uncertain if drugs or alcohol played a role in the cause of the collision. A 1989 California Department of Transportation study, found that impaired drivers were involved in 59.4 percent of all wrong-way crashes. Impaired drivers were also involved in 76.8 percent of fatal wrong-way crashes in the State from 1983 to 1987. According to the study, most wrong-way crashes, happened at night, increasing significantly after 10 p.m. and peaking between 2 a.m. and 3 a.m., after the bars close in California.

Continue reading " EARLY MORNING HEAD-ON COLLISION RESULTS IN DEADLY CRASH ON TRI-STATE CRASH NEAR EAST HAZEL CREST, ILLINOIS " »

Construction zones are particularly dangerous for workers due to drivers being distracted and speeding. The personal injury attorneys at our law firm urge you to drive safely in construction zones. Sadly, a flagman from Orland Park, Illinois was killed in a construction zone on the evening of Wednesday, September 10, 2010 near Robinson, Illinois. A truck driver struck the flagger in a work zone on Illinois 1.

Tragically, the flagger was running from the truck and was headed for a ditch when he was struck, according to the Illinois State Police.

The truck driver was cited for the following: (1) failure to reduce speed to avoid an accident and (2) failure to stop for a flagger in a construction area.

Chicago wrongful death attorney, Jeffrey J. Kroll, founder of the Law Offices of Jeffrey J. Kroll, has been invited to speak at the annual "Update and Review Seminar," sponsored by the Illinois Trial Lawyers Association. The program, which will be held on October 1, 2010 at the Westin Hotel on Michigan Avenue in Chicago, is a day-long program covering new topics in Tort and Trial Practice. Jeffrey J. Kroll will speak on how Social Media is impacting jury selection. Mr. Kroll has been recognized by many peer review organizations over his seventeen years in practice. This year he was selected by Best Lawyers, Super Lawyers and Leading Lawyers magazines as being one of the leaders in plaintiff's personal injury law in Illinois.

The U.S. Department of Transportation released updated 2009 fatality and injury data, which shows that highway deaths fell to 33,808 for the year, the lowest number since 1950. In addition, 2009 saw the lowest fatality and injury rates ever recorded: 1.13 deaths per 100 million vehicle miles traveled in 2009, compared to 1.26 deaths for 2008.

But the U.S. Secretary of Transportation, Ray LaHood, wrote on his blog: "... [L]et's be clear; road fatality numbers are nothing to celebrate. If you lost a loved one in 2009 to a crash, you are unlikely to take any comfort in knowing that highway deaths declined last year to the lowest level since 1950. And nearly 34,000 motor vehicle fatalities on America's roads is still unacceptable."

According to a National Highway Traffic Safety Administration study based on 2006 Centers for Disease Control data, motor vehicle crashes are the leading cause of death for individuals between the ages of 3 and 34.

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. Jeff Kroll has won million-dollar settlements for car crash victims. Contact us at (312) 676-7222, or fill out the contact form to set up a personal consultation if you or someone you know has been injured in a car crash.

A recent case report in the New England Journal of Medicine details the story of a boy in Switzerland who suffered serious eye damage after playing with a laser pointer. The 15 year-old boy was attempting to create his own laser show using a laser pointer that he purchased on the internet and a mirror. As he was attempting his "light show" the laser hit the boy's eyes several times. He immediately noticed that his vision was blurry. Once doctors examined his eyes, they discovered that there had been significant internal bleeding in the left eye and there were several small scars in the right eye. The boy's vision has returned to near normal with treatment, however, he will have permanent scars in his left eye that will diminish his vision.

A more troubling fact may be that the boy in the case study wasn't aware that the laser was dangerous and did not know it could cause immediate eye damage. He told doctors that he purchased the laser pointer on the internet so that he could pop balloons from a distance, burn holes in paper cards, and burn holes in his sister's sneakers. The laser used by the boy produced an output of 150 milliwatts, which is far above the 5 milliwatt output of a typical laser pointer sold to the public. The authors of the case report noted that it is possible to purchase a laser pointer as strong as 700 milliwatts on the internet, and there are instructions on the internet for turning low-power devices into high-powered ones. Laser pointers sold in the U.S. are subject to a power limit imposed by the FDA, but laser pointers that exceed this limit are easily purchased on the internet.

According to the authors, every laser pointer capable of burning holes into paper, lighting matches, or popping balloons is highly dangerous to the eye and must not be used by non-professionals. Part of the problem, the authors say, is that all laser pointers are not labeled properly, so it is difficult to know if you have a pointer that could cause serious retinal injury and even blindness.

The Law Offices of Jeffrey J. Kroll can help if you have been injured by a defective or improperly labeled product. Contact Jeffrey J. Kroll today or visit our website at www.kroll-lawfim.com

A study released by the Center for Studying Health System Change found that tort reforms such as capping non-economic damages are only modestly associated with the level of physicians' malpractice concern and their practice of defensive medicine, according to the Chicago Daily Law Bulletin. The authors of the study suggest that malpractice claims could be better addressed by alternatives to litigation that emphasize early disclosure of physician fault and provide a way to settle claims in a less adversarial process. The conclusions are based on a 2008 survey that includes responses from 4,720 physicians who provide at least 20 hours of direct patient care each week.

The study found that the type of reform that was adopted in Illinois in 2005 (a cap on pain and suffering damages only) did not significantly reduce the levels of physician concern when compared to states that do not have a similar law in place. The findings of the study tend to refute other research that demonstrates that damage caps are associated with reduced defensive medicine practices. As a result, it suggests that a doctor's fear of being sued does not necessarily drive up the cost of health care.

For more on the study, read the article in the Chicago Daily Law Bulletin.

The first day of school for many children attending Chicago Public Schools is September 7. It is always a good idea for parents and caregivers to refresh their memory with safety tips for transporting children to and from school. The American Academy of Pediatrics provides the following useful information:

School Buses
If your child’s school bus has lap/shoulder seat belts, make sure your child uses one at all times when in the bus. If your child’s school bus does not have lap/shoulder belts, encourage the school to buy or lease buses with lap/shoulder belts.

Wait for the bus to stop before approaching it from the curb.

Do not move around on the bus.

Check to see that no other traffic is coming before crossing the street.

Make sure to always remain in clear view of the bus driver.

Children should always board and exit the bus at locations that provide safe access to the bus or to the school building.

Cars
All passengers should wear a seat belt and/or an age- and size-appropriate car safety seat or booster seat.

Your child should ride in a car safety seat with a harness as long as possible and then ride in a belt-positioning booster seat. Your child is ready for a booster seat when she has reached the top weight or height allowed for her seat, her shoulders are above the top harness slots, or her ears have reached the top of the seat.

Your child should ride in a belt-positioning booster seat until the vehicle's seat belt fits properly (usually when the child reaches about 4' 9" in height and is between 8 to 12 years of age). This means that the child is tall enough to sit against the vehicle seat back with her legs bent at the knees and feet hanging down and the shoulder belt lies across the middle of the chest and shoulder, not the neck or throat; the lap belt is low and snug across the thighs, and not the stomach.

All children under 13 years of age should ride in the rear seat of vehicles. If you must drive more children than can fit in the rear seat (when carpooling, for example), move the front-seat passenger’s seat as far back as possible and have the child ride in a booster seat if the seat belts do not fit properly without it.

Many crashes occur while novice teen drivers are going to and from school. You should require seat belt use, limit the number of teen passengers, do not allow eating, drinking, cell phone conversations or texting to prevent driver distraction; and limit nighttime driving and driving in inclement weather.

Bikes
Always wear a bicycle helmet, no matter how short or long the ride.

Ride on the right, in the same direction as auto traffic.

Use appropriate hand signals.

Respect traffic lights and stop signs.

Wear bright color clothing to increase visibility.

Know the "rules of the road."

Walking to School
Make sure your child's walk to a school is a safe route with well-trained adult crossing guards at every intersection.

Be realistic about your child's pedestrian skills. Because small children are impulsive and less cautious around traffic, carefully consider whether or not your child is ready to walk to school without adult supervision.

If your children are young or are walking to a new school, walk with them the first week to make sure they know the route and can do it safely.

Bright colored clothing will make your child more visible to drivers.

In neighborhoods with higher levels of traffic, consider starting a “walking school bus,” in which an adult accompanies a group of neighborhood children walking to school.

The Law Offices of Jeffrey J. Kroll wishes all students a safe, productive and fun school year.

A movie extra was hospitalized on Wednesday evening after suffering a serious head injury during the filming of the movie "Transformers 3" in northwest Indiana, the Sun Times reports. The female extra was injured when an object went through the windshield of her car as she was driving on Cline Avenue in Hammond, Indiana. Her car then hit a concrete median and continued for nearly a mile before stopping. The vehicle had extensive damage on the driver's side. The woman was airlifted to Loyola University Medical Center from the scene. There was apparently a stunt being filmed at the time the object went through here windshield. She was not part of the stunt team.

According to a study in the September 2010 issue of Pediatrics, the number of young children treated in Emergency Rooms for concussions as a result of playing sports has doubled over the last 10 years.

Researchers analyzing data from hospital emergency departments across the nation found that approximately half a million ER visits for concussions occurred among 8- to 19-year-olds between 2001 and 2005. About half of the visits were sports-related, and football and ice hockey were the organized sports with the most concussion injuries.

The American Academy of Pediatrics, in tandem with the Pediatrics' study, examined sports-related concussions in children and adolescents and identified football as the sport most commonly associated with concussions. Interestingly, the report states that female athletes have a higher rate of concussions than males who play similar sports; however, the reasons for this disparity are not well understood.

Concern over concussions has recently been in the news and a frequent topic on this blog. Studies have now linked concussions to debilitating illnesses such as Lou Gehrig's disease. The safety of children playing sports has become a national concern. Parents and coaches must know how to spot concussion symptoms and seek immediate medical attention for any child suspected to have suffered a concussion.

Nearly half a billion eggs have been recalled due to an outbreak of salmonella. Egg producers Hillandale Farms and Wright County Egg, both of Iowa, recalled hundreds of millions of eggs produced at their farms. There have been about 1,300 reported cases of salmonella poisoning caused by eggs from these farms, which has prompted a recall in 17 states.

Salmonella enteritidis is a bacteria that causes infection in humans. Symptoms include: abdominal pain, chills, diarrhea, fever, muscle pain, nausea and vomiting. In severe cases there people may experience bloody stool. Complications can occur with Salmonella poisoning, including dehydration, especially in young children and infants. Other complications are meningitis and septicemia.

There are two likely causes of the Salmonella outbreak in eggs. Laying hens can be infected by human contact with farm workers who failed to follow proper sanitary procedures, or by consuming feed that has come into contact with rodent feces. The hens can transmit the bacteria to the egg before the shell forms and the egg is laid, making the egg's tainted status undetectable.

Here are CNN's tips for not getting infected:

• Don't eat recalled eggs or products containing recalled eggs. Recalled eggs might still be in grocery stores, restaurants and consumers' homes. Consumers who have recalled eggs should discard them or return them to their retailer for a refund. Individuals who think they might have become ill from eating recalled eggs should consult their health care providers.

• Keep shell eggs refrigerated at temperatures no higher than 45 degrees Fahrenheit (7 degrees Celsius) at all times.

• Discard cracked or dirty eggs.

• Wash hands, cooking utensils and food preparation surfaces with soap and water after contact with raw eggs.

• Eggs should be cooked until both the white and the yolk are firm, and should be eaten promptly after cooking.

• Do not keep eggs warm or at room temperature for more than two hours.

• Refrigerate unused or leftover egg-containing foods promptly.

• Avoid eating raw eggs.

• Avoid restaurant dishes made with raw or undercooked, unpasteurized eggs. Restaurants should use pasteurized eggs in any recipe (such as Hollandaise sauce or Caesar salad dressing) that calls for raw eggs.

• Consumption of raw or undercooked eggs should be avoided, especially by young children, the elderly and persons with weakened immune systems or debilitating illnesses.

If you have suffered a severe or life threatening infection from Salmonella poisoning, the Law Offices of Jeffrey J. Kroll may be able to help. Contact Jeffrey J. Kroll today at 312-676-7222 or visit him on the web at www.kroll-lawfirm.com

If you are bitten by a dog, kicked by a horse or otherwise injured by an animal, then you may have a cause of action against the owner of that animal.

In Illinois, there is a statute commonly known as the Animal Control Act, 510 ILCS 5/16 (2010), which protects people who are injured by animals owned by others. The law provides:

"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."

Under the law, the owner's liability is in the form of monetary damages paid to the injured person for the full amount of the injury that was caused by the owners' animal. The most common scenario of this type is a dog bite.

Dog bites can occur for any number of reasons, however, keep this in mind: If the dog was provoked by the injured person, the owner will not be held liable. In other words, provocation is a defense, and this applies for any type of animal injury, not just dog bites.

If you have been bitten by a dog, kicked by a horse, or injured by an animal, the Law Offices of Jeffrey J. Kroll can help. Contact Jeffrey J. Kroll at 312-676-7222.