Chicago Accident and Injury Lawyer Blog

A recent study showed that female Spanish high schoolers who bike to class score better on tests then those who commuted in car or bus. Some researchers believe that this might be due to the fact that active commuters are getting more exercise. They could be more alert by the time they start school, which could affect how well they do on tests. It may provide them time to reflect and mentally prepare for the day, giving them an edge.

So what does this have to do with trial lawyers? During voir dire, perhaps asking how potential jurors commute and what their activities are could assist trial attorneys in seeking out active jurors as opposed to the traditional “couch potatoes.” Active jurors tend to stay awake during trials. Active jurors may be mentally prepared for a day of testimony. Others are not. This is something to consider when selecting jurors. It is also something to consider when deselecting jurors.

When a car accident, construction accident or other incident occurs involving serious injuries, the victims are often brought to the nearest hospital, even if those hospitals are not trauma centers. Trauma patients requiring transfer are supposed to be transferred to facilities with higher levels of trauma care within two hours.

A new study published in the journal, Archives of Surgery, found that 80 percent of transfers in a five-year period were made after the two-hour mark. Delays may result from late diagnosis of injuries and failure to timely find a specialist who was available to treat the patient.

Jeffrey J. Kroll and Heather A. Begley of the Law Offices of Jeffrey J. Kroll settled a matter involving a serious injury for 5 Million Dollars. With regard to the settlement, Jeff Kroll stated, “I am satisfied that this young man - who has worked so hard to continue on with his life - will be financially secure as a result of this settlement to provide him with stability and the necessary medical care.”

As a Chicago personal injury attorney who handles litigation against the CTA, I am pleased with the Illinois Appellate Court's opinion in the matter of Torf v. Chicago Transit Authority, No. 1-09-1710. The court reversed the circuit court's entry of summary judgment in favor of the CTA. The circuit court found the CTA immune from liability under the Metropolitan Transit Authority Act, 70 ILCS 3605/27 (2008).

Plaintiff, Torf, alleged that the CTA owed a duty to exercise the highest degree of care in operating a train and that defendant breached that duty in four ways: (1) the CTA failed to maintain the train so as to avoid discontinuation of service between the platforms; (2) failed to provide a safe means of egress for passengers to evacuate; (3) failed to provide clear instructions dictating safe evacuation to avoid chaos and (4) failed to provide assistance to passengers evacuating the train to avoid injury.

One enormous benefit of litigation to society is the opportunity for change that it provides to corporations and municipalities. I have represented numerous injured plaintiffs in litigation against the CTA. In the CTA Blue Line derailment, there were complaints of the poor manner in which the CTA handled the evacuation of the train. According to the court's opinion in Torf, approximately an hour-and-a-half passed between the time that the train stopped on the tracks and the time that a voice came over the speaker to tell the individuals in Torf's train car to evacuate. The transportation manager for the CTA who gave a discovery deposition testified regarding policies in place for the evacuation of trains, but did not know if the CTA had employees at each car helping people to evacuate. Could more have been done to create order during the evacuation to avoid Torf getting pushed off the train car causing her to fall?

Public transportation is a wonderful asset to our community. The CTA has a history of derailments and emergencies. Safe egress from a stopped or derailed train is a CTA policy that should be followed by CTA management and employees.