Chicago Accident and Injury Lawyer Blog

He "got his bell rung." Most of us are familiar with the use of this phrase to describe someone who has suffered a concussion. A cute phrase for a potentially life-changing event. Recent data out of the NFL showed that the number of concussions reported during the 2010-2011 football season was up more than 20 percent from 2009 and more than 30 percent from 2008.

Repeated head trauma, such as concussions due to sports injuries, can result in chronic traumatic encephalopathy, or CTE. CTE has been found to cause symptoms similar to Alzheimer's Disease, including attention loss, confusion and poor judgment to name a few.

As a parent of a young child that loves playing football, these studies concern me. What can we do? The experts suggest that children playing contact sports, like football, not engage in tackling of any form. Even college and professional players should limit contact during practice so as to minimize head trauma. Great idea, but is it practical?

I am encouraged that the NFL has undertaken to investigate and report data related to concussions. Our children admire their sports heroes. The more that they do to promote awareness of head trauma, the better. I am also encouraged by the recent actions of Chicago City Council’s Finance and Education Committee. This month, the Committee agreed to remove water and sewer fee exemptions from schools that allowed injured athletes to prematurely return to the field.

Continue reading " THE SERIOUSNESS OF SPORTS-RELATED CONCUSSIONS " »

On January 29, 2011, Jeffrey J. Kroll will present a continuing legal education program for APEX CLE, an MCLE accredited provider of continuing legal education for Illinois lawyers. The topic of his presentation will be "Advanced Jury Selection and Identifying and Selecting the Right Foreperson for Your Case." APEX CLE will broadcast the program in March of 2011.

The Law Offices of Jeffrey J. Kroll is sponsoring a networking event tonight, January 27th, for the attorney and non-attorney friends of the Mother McAuley Law Society at O'Callaghan's, 29 W. Hubbard from 6 p.m. to 9 p.m. Tickets are $25. Proceeds will support the MMC Mock Trial Club and the law society's endowment.

Chicago personal injury attorney Jeffrey J. Kroll will be a featured panelist at the Illinois Institute of Continuing Legal Education course entitled “The Professional Lawyer: The Civil Pursuit of A Noble Profession.”

The course will explore professionalism and issues of civility in the practice of law. It will take place on March 4, 2011, from 1 p.m. until 4:30 p.m., at the UBS Tower and Conference Center in Chicago, Illinois.

A New York State Court of Appeals, affirming a the lower court, found that a golfer’s failure to yell in advance of an errant shot from the rough did not amount to intentional reckless conduct. While slices, hooks, topped shots and errant shots are a common hazard on the links, the court noted that a golfer cannot expect to hear a warning shout of “fore,” every time a ball comes his way.

The court noted that the individual struck by the ball, who is now blind in one eye from the incident, was not in the foreseeable zone of danger.

If one took a careful reading of the Kapoor case, it sure sounds like, if you are going to miss, miss badly. The court did recognize that there is a duty to issue a warning when other golfers are in the “expected path of a ball.” This court noted that the shot was so off target that he could not have expected to hit Mr. Anand. Anand v. Kapoor, 2010 N.Y. Slip Op. 9380; 2010 N.Y. Lexis 3730 (N.Y. 2010).

The Associated Press reported last week that while Americans have begun to worry less about jobs and money, they have something else to worry about - traffic. In fact, "[c]ommuters in Chicago and Washington suffered the most, losing 70 hours a year to traffic delays. Nationally, the average commuter wasted 34 hours in traffic in 2009 — up from 14 hours in 1982, the first year for which researchers have records."

With traffic in Chicago on the rise, it is more important than ever to remain alert and undistracted while driving. Everyone knows that using cell phones, texting, even travelling with pets, seriously distracts drivers and can cause devastating automobile collisions. Stay sharp on the road; eliminate distractions; and look out for fellow drivers, pedestrians and cyclists.

Continue reading " GOOD NEWS: ECONOMY RECOVERING / BAD NEWS: TRAFFIC ON THE RISE " »

The U.S. Department of Traffic continues its commitment to combating distracted driving by unveiling its Faces of Distracted Driving video series, which shows real-life stories of young people who have suffered tragic consequences due to driving while distracted.

In 2009, nearly 5,500 people died and half a million were injured in accidents involving a distracted driver.

Make a promise to yourself, other drivers, passengers, pedestrians and cyclists that you will drive focused on the road ahead of you and operate your motor vehicle without texting or talking on your cell phone.

The New York Times published a Tech article this week stating that cellular telephone service providers are in the midst of developing technology that would temporarily interrupt service when the cell phone is in a moving car. The glitch: The technology cannot determine whether the phone belongs to a driver or passenger.

Distracting behavior, such as answering cell phone calls, texting, eating and even tending to children, can increase the risk of a car crash. We know from a recent AAA study that drivers who look away from the road for just two seconds double their risk of being in a crash. The research cited by the New York Times states that people who drive while talking on a cell phone risk getting into a car crash at a rate that is four times greater than motorists who do not talk on phones while driving. The studies also state that psychological and physiological reasons play a part in compulsive cell phone use while driving. The article stated: "People may fear missing an important call from a friend or boss, or get excited by the prospect of receiving interesting news."

While there are smartphone applications available that claim to shut down phones when a car is moving quickly, these applications have not been well-received thus far. It is encouraging that the cellular providers have taken initiative to further explore and study the technology in this area. Any and every step taken to prevent distracted driving is welcome.

Continue reading " CAN CELL CARRIERS STOP DISTRACTED DRIVERS? " »

Slick winter driving conditions demand that all drivers take extra steps to remain safe on the roads this time of year. The National Highway Traffic Safety Administration (NHTSA) has warned users of 15-passenger vans to take specific precautions to keep passengers safe due to the high rollover risk posed by these vehicles.

Tire maintenance is paramount to preventing tragic roll-over crashes. Individuals and organizations that use 15-passenger vans must inspect tires and check tire pressure before each use. Colder temperatures can cause the air in a vehicle’s tires to contract, causing tire pressure to fluctuate. Spare tires should never be used as replacement for worn tires on these vehicles.

15-passenger vans have been found to have a higher rate of rollover under certain conditions. An unrestrained 15-passenger van occupant involved in a single-vehicle crash is approximately three times as likely to be killed as a restrained occupant.

The federal government has recognized that these vehicles pose a risk. In fact, federal law prohibits the use of 15-passenger vans for school-related transport of pre-primary, primary and secondary school students as they do not provide the same level of safety as school buses. Schools may not buy new 15-passenger vans for school transportation purposes; however, unfortunately, all other individuals and organizations are not similarly restricted.

Continue reading " 15-PASSENGER VAN SAFETY " »

Every month, Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's article, Build a Better Blog, Jeff writes about building your law firm's web presence via blogging, posting, and tweeting.

Every month, Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's article, Build a Better Blog, Jeff writes about building your law firm's web presence via blogging, posting, and tweeting.

As the snow continues to fall and snowplows continue to make their way down our streets, rest assured we are going to see a fair share of potholes this winter and spring season.

According to news reports, the City of Chicago has instituted a computer mapping system that tracks potholes based on citizen’s calls to the City’s 311 nonemergency line.

If you do not reside in Chicago, contact your local government to inform them of potholes in your area. Potholes that go unrepaired are hazards which can cause car crashes and property damage.

Be careful out there folks.

Here are some concerning product recalls related to children's products that occurred this week:

Strangulation hazards have been identified on approximately 18,000 children’s hooded sweatshirts and jackets sold by Mejoong Corp, d/b/a Hot Kids. Consumers are advised to remove the drawstrings and return the jackets and sweatshirts to Hot Kids for a full refund.

Further, nearly 4000 battery-operated, red and blue plastic, toy mobile phones, labeled “Discovery Toys” have been recalled in the U.S. and Canada. It is advised that consumers prohibit small children from using this product as the toy antenna can break off and pose a choking hazard.

The attorneys at the Law Offices of Jeffery J. Kroll encourage all schools, parents and other caregivers to visit the Consumer Product Safety Commission website for additional information about the hazards posed by these and other products.

The nation is saddened and understandably frightened by the events that occurred in Arizona over the weekend, when a gunman opened fire on a group of people congregating at a local supermarket for a political event, killing six and injuring others, among them U.S. Congresswoman Gabrielle Giffords, who remains in critical condition with a traumatic brain injury.

Sadly each year, approximately 1.7 million people in the U.S. suffer traumatic brain injuries. Twenty percent of these injuries are caused by violence. Roughly 52,000 people die as a result of their injuries and about 250,000 of them are hospitalized. Of the deaths caused by traumatic brain injury, anywhere from 35% to 40% are attributed to gun shots.

Having represented a number of individuals that have suffered traumatic brain injuries, the attorneys at the Law Offices of Jeffrey J. Kroll understand the damages that result from traumatic brain injuries, including the a wide range of functional short- or long-term changes, which can cause paralysis and affect thinking, sensation, language, or emotions. Many of the causes of traumatic brain injuries stem from negligence.

As a Chicago brain injury attorney, it is my role to understand the sequelae of traumatic brain injuries and maximize any potential recovery to provide for the brain-injured individual. The short- and long-term disabilities resulting from a traumatic brain injury depend upon the severity of the injury. Many factors will influence the outcome, including the location of the injury on the brain, the age of the person and the general health of the individual.

Continue reading " TRAUMATIC BRAIN INJURY NEGLIGENCE AND DAMAGES " »

Last week, the Law Offices of Jeffrey J. Kroll settled an automobile accident case for more than $3 million. The $3,065,000.00 settlement results from a motor vehicle collision which took place on December 30, 2008. The Plaintiff, who was represented by Jeffrey J. Kroll and J. Patrick White, was a police officer for the Village of River Forest and was responding to an armed robbery. He was traveling eastbound on Division Street at or near its intersection with Park Avenue in the Village of River Forest. The defendant was traveling northbound on Park. Plaintiff alleged that the defendant failed to stop at a stop sign, thereby causing injuries to the Plaintiff. Defendant contended that the plaintiff was traveling at an excessively high rate of speed.

The 38-year old police officer sustained fractures of his left knee and ankle. Defendant disclosed a vocational rehabilitation expert alleging that plaintiff was employable as an evidence technician or 911 operator. Plaintiff's medical bills totaled $202,083.63.

Many of the nation’s railroads and highways converge in Illinois. As a result, the City of Chicago has long been known as the nation’s transportation hub. The amount of railroads, elevated trains and subways, semi-trucks and trailers, etc. that pass through the area on a daily basis can leave motorist and pedestrians at risk.

In the first nine months of 2010, fatalities from crashes between cars and trains at public railroad crossing were up compared to that same period in 2009, according to the Illinois Operation Lifesaver program. As always, it is important for motorists and pedestrians to take safety precautions around moving trains. The speed and required stopping time of trains can often be deceiving to drivers. A train attempting to make a stop after traveling 55 miles per hour may travel over a mile of track before coming to a complete stop.

People injured in trucking or train accidents can sue the driver and/or railroad or operating agency for damages including pain and suffering, medical costs, loss of income, disability and disfigurement. Often, there are other considerations that the injured individual should discuss with an attorney, including the proper time period in which to bring a lawsuit after an accident. Additionally, since there are often many factors that cause auto-train accidents, there may be many parties who may be responsible for your injury, loss of income, or pain and suffering.

Continue reading " NUMBER OF AUTO-TRIAN COLLISIONS INCREASED IN 2010 " »

Chicago attorney, Jeff Kroll, will be teaching a deposition practicum course this spring at The John Marshall Law School. The course will provide law students with experience in preparing for the discovery depositions. The course will focus on defining deposition goals, perfecting questioning techniques, understanding the rules, forming objections and tactical considerations crucial to taking and defending depositions. Having taken hundreds of depositions in his career as a trial attorney in cases ranging from car accidents to construction injuries, Jeff is looking forward to sharing his legal experience with his students.

Jeff taught this course last spring and previously taught Trial Advocacy at Northwestern University Law School.

The 2011 supplement to Illinois Institute of Continuing Legal Education’s handbook entitled “Proving Fault in Auto Accident Cases” is hot off the press. Jeffrey J. Kroll, general editor of the handbook, and associates Heather Begley and J. Patrick White contributed a great deal to the car crash supplement. In all, Jeff, Heather and Pat authored four of the supplement’s chapters, including:

Chapter 5 - The Scope of Permissible Closing Arguments in Crash Accidents;

Chapter 11 - Pedestrian v. Motorist: Can’t we all just get along?;

Chapter 13 - Agency; and

Chapter 15 - The Use and Presentation of Demonstrative Evidence in the Trial of an Automobile Negligence Case.

The contribution of these four chapters by the attorneys at the Law Offices of Jeffrey J. Kroll is more than any other law firm in Illinois.

The Illinois Institute of Continuing Legal Education (IICLE) is an independent, not-for-profit organization that serves the educational needs of Illinois lawyers. Its materials provide attorneys with updates on changing laws, “how to” instructions on practice techniques and guidance in professional responsibility.

The attorneys at the Law Offices of Jeffrey J. Kroll have established themselves as proven leaders in the State of Illinois in the area of auto accident cases. They are committed to staying abreast of the law and are knowledgeable in all aspects of auto injury cases. Time and time again, they have applied this knowledge in the courtroom and during settlement negotiations to secure favorable outcomes for their clients.

Continue reading " THE LAW OFFICES OF JEFFREY J. KROLL CONTRIBUTE TO AUTO ACCIDENT HANDBOOK " »