Chicago Accident and Injury Lawyer Blog

Tragedy struck the Indiana toll way system during the early evening hours of Thursday, October, 27, 2011, when three families' road trip to the East Coast came to a devastating end. The families, en route to a funeral in New Jersey, drove together in a minivan, which collided with a deer that wandered onto the Indiana Toll Road just east of South Bend, Indiana, and then was subsequently rear-ended by a tractor-trailer. Of the ten people in the minivan, seven were pronounced dead at the scene of the accident. The remaining three passengers were all seriously injured and hospitalized. The families, all with roots in Ecuador, lived in the Albany Park neighborhood of Chicago. The 24-year old driver of the truck, an employee of Roehl Transport, Inc. of Marshfield, Wis., was treated for minor injuries and released from the hospital. The personal injury attorneys at the Law Offices of Jeffrey J. Kroll express their deepest condolences to the family of those lost in the crash.

According to the Chicago Tribune, the deadly crash occurred on a portion of the Indiana Toll Road "where 20 other people were killed in four accidents between August 2005 and April 2007, including eight people who died when a semi-trailer plowed into stopped traffic near a construction zone."

Victims and their families may sue a truck driver and/or the commercial trucking company for damages, including pain and suffering, medical costs, loss of income, disability and disfigurement. In this instance, the survivors of the victims of the crash may also bring wrongful death lawsuits against the driver and/or the commercial trucking company. Cases involving trucking accidents are often very complex; therefore, victims and their families should contact an experienced trucking accident attorney before making any serious decisions. There are many factors that may contribute to accidents with semi trucks and tractor-trailers, including driver fatigue, unqualified drivers, under-ride problems, speeding and missed inspections.

Those injured in a trucking incident must hire a trucking accident attorney who is familiar with litigating trucking cases -- one with proven results, experienced at choosing the right experts, and with knowledge of this area of the law. Jeffrey J. Kroll has lectured on the topic of fatigued truck drivers. He addressed The Association of Plaintiff Interstate Trucking Lawyers of American (APITLA) and presented his paper, "Deposing the Fatigued Trucker,” in Las Vegas, Nevada, in 2009.

Continue reading " CHICAGO TRUCKING ACCIDENT ATTORNEY ON THE INDIANA TOLL ROAD TRAGEDY " »

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

In this month's Halloween-themed article, "Halloween illustrates element of surprise at trial", Jeff discussed embracing the element of surprise at trial, instead of fearing it. Here is an excerpt from his article:

"When it comes to jury trials, most attorneys strive to eliminate the possibility of surprise. Anyone that has ever presented testimony in court has most likely encountered a witness who provided a different version of the incident on the stand than they had during preparation. You know what, even with proper preparation, sometimes "stuff" happens.

"But, what if trial attorneys learned to embrace the element of surprise at trial, instead of fearing it? Personally, I do not like to give away all the strengths of my case during pretrial discovery. Often, I forgo the long, extended deposition of a particular witness if I believe that I am going to try the case. Sometimes, if I know that I am going to conduct cross-examination of a particular witness at trial, I want another attorney in the office to take the discovery deposition. See, a trial surprise doesn't have to be eerie, so long as you are the one introducing it, not your opponent.

***

"Now, I understand that the purpose of Illinois Supreme Court Rule 213 is "to avoid surprise and to discourage tactical gamesmanship." Sullivan v. Edward Hospital, 209 Ill. 2d 100, 111 (2004). I am in no way advising that trial attorneys ignore the all-mighty (and potentially frightening) Rule 213. Disclose everything — every opinion and their bases, every document, every potential piece of evidence — and on time.

"Yet, cross-examination is a different ghost. Rule 213(g) states: "Without making disclosure under this rule … a cross-examining party can elicit information, including opinions, from the witness." Ill. Sup. Ct., R 213 (2011). The committee notes further explain, in part: "Parties are to be allowed a full and complete cross-examination of any witness and may elicit additional undisclosed opinions in the course of cross-examination." Id., Committee Comment to March 28, 2002, Amendment, Paragraph (g). See also, Stapleton v. Moore, 403 Ill. App. 3d 147, 156-157 (1st Dist. 2010) ("holding that Rule 213(g) does not require a party to disclose journal articles that the party intends to use while cross-examining the opposing party's opinion witness"). This, my friends, is why I love cross-examination.

"In fact, cross-examination can be the place to really shock your opponent. Take a recent 1st District Appellate Court case, Van Gelderen v. Hokin, 2011 Ill. App. LEXIS 785 (1st Dist. 2011). There, the plaintiff was injured when he fell down a stairwell upon exiting the side entrance to the defendant's home. At trial, the defendant testified that he had not changed anything about the side entrance and that no one since the plaintiff had been injured by falling down the stairwell. 2011 Ill. App. LEXIS 785, *22. The plaintiff, in turn, properly impeached the defendant by introducing evidence of a baby gate that had been installed after the incident. By testifying that no one had been injured and no changes had been made, the defendant opened the door to allow evidence of the installation of the baby gate, permitting otherwise inadmissible evidence of a subsequent remedial measure to be introduced at trial. Id., see also, Herzog v. Lexington Township, 167 Ill. 2d 288, 302 (1995) (evidence of subsequent remedial measures may be admissible for the purpose of impeachment). I do not know whether or not the plaintiff's attorney expected the defendant's response that "no changes had been made," but the fact that the attorney had the evidence of the subsequent remedial measure available at trial is commendable."

To read Jeff's entire article, click here.

Continue reading " BALANCING LIFE AND THE LAW " »

As the parent of two little trick-or-treaters, I know the importance of safety when it comes to Halloween. As a Chicago personal injury attorney, I also know that despite all the fun this time of year has to offer, injuries can and do occur. In fact, according to AAA Chicago, Halloween "ranks among the most dangerous for young pedestrians." The National Highway Traffic Safety Administration (NHTSA) "reports Halloween is consistently one of the top three days for pedestrian injuries and fatalities." As a result, parents and care givers must take steps to protect their children -- both on and off the streets -- this Halloween.

The Chicago pedestrian injury attorneys at the Law Offices of Jeffrey J. Kroll reviewed safety tips from the American Academy of Pediatrics as well as AAA. We hope you will review this information before stepping out to trick-or-treat this year.

- Plan costumes that are bright and reflective. For better visibility, add reflective tape to costumes or Trick-or-Treat bags so that your child glows under streetlights or a car's headlight.

- Purchase costumes, wigs, and accessories that are flame resistant. However, remember, flame resistant does not mean that your child cannot get burned. Keep children away from burning jack-o-lanterns and any other type of open flame.

- Instead of a mask, which can limit or block eyesight, consider non-toxic makeup and decorative hats.

- Eliminate any sharp or long swords, canes, or sticks from your child's costume. If a child trips and falls with one of these accessories in his or her hands, they can suffer a serious injury.

- So that children can see, and be seen, they should carry flashlights while trick-or-treating. Don't forget to buy extra batteries. Glow sticks are a fun alternative.

- Forgo decorative contact lenses unless your child has received an eye examination and a prescription from an eye care professional for the decorative lenses.

- Make sure children know to call 9-1-1 if there is an emergency or if they get lost.

- Drivers should watch carefully for children crossing the street since excited children may be inspecting their candy bags and not pay attention to traffic.

- Motorists should decrease speed, scan the road far ahead, and stop in anticipation for children's actions.

- Drivers should be on alert for children in dark clothing.

- Although children are more likely to get injured from a fall, a car or their costume, parents should check that their child's candy has not been tampered in any way.

Continue reading " MORE HALLOWEEN SAFETY TIPS FROM THE LAW OFFICES OF JEFFREY J. KROLL " »

This year, it seems that the observance of Halloween has taken over the entire month of October. My children and I have already visited numerous pumpkin patches and the costume parties started last week. We have been "booed" almost daily. As we decorated our home with spooky ghosts and scary monsters, I was overly sensitive to potential hazards that could injure little strangers looking for free candy on my property. There is always the potential for premise liability lawsuits against homeowners, renters, and condominium associations around this time of year. Homeowners especially have a responsibility to make sure their residences are safe for trick-or-treaters.

The premise liability attorneys at the Law Offices of Jeffrey J. Kroll have devised these tips for homeowners in preparation for Halloween:

Light All Entrance Ways. Trick-or-treaters visiting your home may have to climb steps or walk down a long path before arriving to your door. Be sure that the entire path is clear and lighted. Replace burned-out light bulbs. Do not use candle luminaries in bags. They are a fire hazard and could brush up against a child’s costume and start a harmful fire. Sure darker is scarier, but darker can also be more expensive and stressful in the long run.

Condominium Owners Need to Set Policies. The Illinois Condominium Property Act, 765 ILCS 605/18.3 (2011), places the responsibility for the overall administration of condominium property on the condominium association through its duly elected board of managers. Each unit owner is typically a member of the association. If a condo owner is going to let trick-or-treaters into the common area, they must make sure those people are safe.

Keep Pets Out of the Picture. Even pets that are normally friendly could get excited by all the noise and cause harm to trick-or-treaters. According to the American Medical Association, dog bites are the second leading cause of childhood injury. It may be cute to dress Fido up as a pumpkin, but make sure you keep him on a matching (short) leash so he doesn't chew on any of your little guests.

Keep the Path Clear. Some municipalities have requirements about how level concrete must be for pathways. Be sure that your cement isn't uneven or a hazard that could cause trick-or-treaters to easily trip and fall. There are temporary solutions available for leveling those potential tripping hazards. Also, remove garden hoses, toys, bicycles, lawn decorations, or anything else that a child (or parent) could potentially trip on.

Cover Up the Holes. Let's fact it, some trick-or-treaters may venture off the path to your front door. The shortest distance between two doors could be your lawn. So, be sure that ground openings or swimming pools are repaired, blocked or covered. Consider using fencing or bright cones to mark dangerous areas.

A homeowner's liability for another person's injuries sustained on the homeowner's property often depends on numerous circumstances, including whether the injured person was an invitee, licensee, trespasser or child. For this reason, it is important to contact an experienced premise liability injury attorney if you or your child has been injured on someone else's property. Since there are numerous factors to consider, only an experienced injury attorney can explain your legal rights.

Halloween is supposed to be a fun time of year. By taking steps to enhance the safety of your home you will find ways to not only protect yourself from liability, but also protect everyone who visits your home. Just think you'll be ready before the family comes around for Thanksgiving! Taking the time now to improve safety will impact your property throughout the year. It's like designating a time of year to check smoke detector batteries. Halloween can be a great reminder to check the safety of your home and property.

Continue reading " CHICAGO PREMISE LIABILITY ATTORNEY: CHECK THE SAFETY OF YOUR PROPERTY BEFORE VISITORS COME TRICK-OR-TREATING " »

Like many in Chicago, the personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll recently noticed the department store mannequins, stencils and stickers that have graced Chicago's taxis, bus stops, trash cans, sidewalks and streets. The message comes from city officials: Let's eliminate pedestrian deaths in the city. According to the Chicago Tribune, city officials "appear willing to try whatever tricks it may take to eliminate pedestrian deaths…." The recent effort involves city officials placing 32 mannequins, which represent the 32 pedestrians killed in Chicago area crashes in 2010. The city's goal is to eliminate all pedestrian deaths by 2020. For more information visit chicagopedestrianplan.org.

Last summer, the Illinois legislature amended the Illinois statute, specifically 625 ILCS 5/11-1002, requiring all drivers to STOP and yield the right-of-way to pedestrians using crosswalks if there are no traffic control devices present. This week, Illinois law makers also introduced legislation, which -- if enacted -- would allow speed cameras on many Chicago streets in an effort to safeguard children and other pedestrians near schools and parks. Further efforts include Chicago police officers posing as pedestrians at crosswalk to catch approaching vehicles who fail to properly stop for pedestrians. Officers will issue tickets with fines ranging from $50.00 to $500.00, for drivers who fail to stop. City officials are also exploring other safety initiatives, including a street-crossing flag campaign at intersections and mid-block crosswalks on smaller streets.

According to the Tribune, a City of Chicago pedestrian-traffic study released this summer found that close to "80 percent of vehicle-pedestrian crashes in Chicago occur at intersections and commonly involve people crossing the street with a walk signal." Pedestrians have a duty to use ordinary care for their own safety when crossing at a crosswalk. Sandquist v. Kefalopoulos, 49 Ill. App. 3d 456 (1st Dist. 1977). Even when a pedestrian fails to maintain a constant lookout for turning vehicles, but reasonably and cautiously entered the street, a finding of contributory negligence against the pedestrian is improper. Moore v. Checker Taxi Co., 133 Ill. App. 2d 588 (1st Dist. 1971) (affirming jury's guilty finding against defendants even though pedestrian did not use crosswalk to cross the street).

The Chicago pedestrian injury attorneys at the Law Offices of Jeffrey J. Kroll support the City of Chicago's efforts to eliminate pedestrian deaths in our city. We hope that the Chicago Pedestrian Plan meets its goal. Their efforts are much needed. After all, a Transportation for American report ranked the Chicago-Naperville-Joliet area as the 38th most dangerous metro area in the United States, reporting 1,322 pedestrian fatalities between 2000 and 2009.

The Chicago pedestrian accident and injury attorneys at the Law Offices of Jeffrey J. Kroll have over 20 years experience representing injured bicyclists and pedestrians, securing multimillion dollar settlements and verdicts for their clients. Jeff Kroll has dedicated his career to helping injured clients gain justice.

Continue reading " CHICAGO PEDESTRIAN INJURY ATTORNEYS SUPPORT CITY'S EFFORT TO REDUCE VEHICLE-PEDESTRIAN CRASHES " »

A new study in the upcoming December issue of the American Journal of Public Health found that "women drivers are injured more frequently in accidents than their male counterparts." The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll found it interesting that the study did not find that the injuries occurred more often because women cause more automobile collisions; instead, the study found women are more vulnerable to injury in car crashes due to the fact that safety features currently available in vehicles are not "tailored to protect" women. The study further found that female drivers and passengers seem to be more vulnerable than men to injury when involved in moderate and serious crashes, with a higher risk of chest and spinal cord injuries, due to shorter stature and seating posture. Even safety seat belts failed to prevent serious injury. In fact, "female drivers using a seatbelt where 47 percent more likely to be injured" than a male driver in similar crashes.

What can women do to protect themselves? Here are some good tips:

• Take time to research Consumer Reports to find the best car to suit your needs. Consumer Reports considers a driver's height in its reviews, as well as many other factors.

• To prevent injuries from air bags, drivers should sit with their chest approximately 10 inches away from the center of the steering wheel. For drivers of older cars, who cannot get 10 inches away from the steer wheel, invest in pedal extenders or an airbag on/off switch. Pregnant women in the late stages of pregnancies, who cannot get their abdomens far away enough from the steering wheel, should avoid driving whenever possible. See the Insurance Institute for Highway Safety for more tips.

• Make sure your seatbelt fits comfortably and securely.

The Illinois legislature recently amended the Illinois seat belt law, 625 ILCS 5/12-603.1, requiring all drivers and passengers, regardless of whether they are in the front or back of the vehicle, to wear a seat belt or face a fine starting at $25.00. Police officers will have the authority to stop a vehicle if they notice a passenger is not wearing a seat belt in the back seat. Children under the age of 8 years old must be protected in the proper child restraint system, including a child car set or booster seat, pursuant to the Child Passenger Protection Act, 625 ILCS 25/1, et seq. (2011). The new law takes effect on January 1, 2012.

Continue reading " STUDY SAYS WOMEN DRIVERS INJURED MORE FREQUENTLY IN CRASHES THAN MEN " »

The Chicago school liability attorneys at the Law Offices of Jeffrey J. Kroll have read the disconcerting report that two Chicago high school football coaches and four players have recently been charged with hazing a 14-year-old Chicago boy at Prosser Career Academy. The incident, which occurred on October 18, was captured on video by one of the coaches. The video reportedly shows players on the Prosser Career Academy's varsity football team beating the 14 year-old boy with belts on school property. The coaches -- Tom Cipriani, 47, and Jonathan Manning, 20 -- two 17-year-olds and two 18-year-olds have all been arrested and charged with misdemeanor battery. The coach who videotaped the incident was also charged for doing so.

While some of the other players claim that the incident was "horseplay," the school liability attorneys at the Law Offices of Jeffrey J. Kroll know that incidents of hazing and bullying, like the October 18th Prosser Career Academy incident, should not be considered children's play. Bullying and hazing are widespread problems, which can lead to physical and emotional injuries.

Students who are bullied, hazed or otherwise injured while on -- and sometimes off of -- school property may be eligible to file a personal injury lawsuit if they can show the school or university failed to take reasonable steps to prevent the accident. While the subject of school immunity often comes up when dealing with lawsuits against schools since Illinois generally provides teachers and other certified educational employees with limited immunity from negligence actions, Jeffrey J. Kroll has successfully defeated immunity defenses in numerous cases by proving willful and wanton misconduct on the part of the school or school district. Knapp v. Hill, 276 Ill. App. 3d 376, 382 (1st Dist. 1995). The legal term "willful and wanton" refers to the failure, after gaining actual or constructive notice of an impending danger, to exercise care to prevent harm to others, when that danger poses an unreasonable risk of harm. Sullivan v. City of Hillsboro, 303 Ill. App. 3d 650, 655 (5th Dist. 1999). It is a hybrid between acts considered to be negligent and those considered to be intentional. Stojkowich v. The Monadnock Building, 281 Ill.App.3d 733, 744 (1st Dist. 1996). Whether specific acts amount to willful and wanton conduct is ordinarily a question of fact for the jury. Green v. Chicago Park District, 248 Ill. App. 3d 334, 341 (1st Dist. 1999).

Jeffrey J. Kroll, a tireless advocate for injured children in all types of cases, including school liability, was recently interviewed by award-winning attorney and radio host Karen Conti for a segment on her radio show,“Legally Speaking”, broadcast by Chicago Superstation WGN (AM 720). Jeff and Karen discussed bullying and hazing and how parents and schools can handle this problem in our society.

Continue reading " CHICAGO SCHOOL LIABILITY ATTORNEY DISCUSSES PROSSER CAREER ACADEMY HAZING INCIDENT " »

"Aggressive and unsafe driving behaviors by truck and bus drivers, as well as the passenger car drivers operating unsafely around them, are primary factors in more deaths on our roadways than a 737 airplane crashing every other week," stated the Commercial Vehicle Safety Alliance (CVSA). During its "Operation Safe Driver Campaign," CVSA asks all drivers to make an attempt to "reduce aggressive and distracted driving and save lives." This year, the Operation Safe Driver Campaign mobilization week took place October 16-22, 2011. However, drivers should make efforts to increase safety on our roads year round.

The Chicago trucking accident attorneys at the Law Offices of Jeffrey J. Kroll know that unsafe and aggressive driving practices cause too many collisions, injuries, and deaths on our roadways. In fact, every year "more than 36,000 people die on the roadways throughout North America – about 4,000 of which are related to large trucks and buses," many the result of "unsafe and aggressive driving practices by both passenger and commercial vehicle drivers.”

The CVSA designates one week each year to promote its Operation Safe Driver campaign. This year, from October 16-22, 2011, law enforcement officers were encouraged to issue citations to drivers who display unsafe and aggressive driving techniques on roadways across the United Staes, Canada and Mexico. CVSA has enlisted the support of the Federal Motor Carrier Safety Administration, American Association of Motor Vehicle Administrators, American Trucking Assocations, American Association of State Highway & Transportation Officials, American Driver and Traffic Safety Education Association, FedEx Corp., Governors Highway Safety Association, National District Attorneys Association and United Motorcoach Association. With this team of supporters, Operation Safe Driver aims "to increase activities related to commercial vehicle and non-commercial vehicle traffic enforcement; safety belt enforcement; driver roadside safety inspections; driver regulatory compliance; implementation of commercial driver educational and awareness programs to the motor carrier population; and, raising awareness to the motoring public about safe operations around trucks and buses."

The Chicago truck accident attorneys at the Law Offices of Jeffrey J. Kroll encourage all drivers to practice safe driving techniques, especially around large commercial vehicles. Last year, School Transportation News published these helpful tips for avoiding collisions with semi-trucks and other motor vehicles from Chicago trucking accident attorney Jeffrey J. Kroll:

• 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.

Continue reading " CHICAGO TRUCKING ACCIDENT ATTORNEY SUPPORTS OPERATION SAFE DRIVER CAMPAIGN " »

Jeffrey J. Kroll was interviewed by award winning attorney and host Karen Conti for a segment on “Legally Speaking” on Chicago Superstation WGN (AM 720). The show airs on Sunday nights from 8-9pm. Jeff’s segment will air on Sunday, October 23rd, from 8:30 – 9:00pm. Karen and Jeff discussed Bullying and Hazing and how parents and schools can handle this problem in our society.

We hate to admit it… but winter is edging closer and closer every day. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll would like to discuss a new Illinois First District Appellate Court case, Hornacek v. Fifth Avenue Property Management, 2011 Ill. App. LEXIS 1052 (1st Dist. 2011), which summarizes the duty of landowners (and snow removal companies) when dealing with snow and ice accumulation.

In Hornacek, plaintiff sued defendants Fifth Avenue and Rice, after she slipped and fell on an unnatural accumulation of ice in a parking lot owned by Fifth Avenue, causing her painful injuries. Defendant Rice was the owner of the snow removal company contracted to remove snow at the property. At their discovery depositions, Ms. Hornacek and a co-worker testified that an unnatural accumulation of snow existed on the north side of the building where her accident occurred. Her co-worker further testified that "at times an enormous pile of snow" would be plowed against the north wall of the building. 2011 Ill. App. LEXIS 1052, *26. Defendant Rice admitted at his deposition that water "always" tended to pool at the north side of the building, where Plaintiff fell. Witnesses also testified that they had complained to Fifth Avenue about the accumulation of snow on north side of building.

Both defendants filed motions for summary judgment requesting the court to dismiss the case in their favor. Fifth Avenue argued there was no evidence to support plaintiff's claim that she fell on an unnatural accumulation of ice. Rice claimed the duty he owed plaintiff was defined by the terms of his contract with Fifth Avenue, and that he did not breach that contract since the contract did not require him to monitor the parking lot for snow or ice accumulations. The trial court granted defendants' motions for summary judgment. Plaintiff appealed.

The First District Appellate Court reversed and held that plaintiff presented sufficient evidence that the ice upon which she fell was caused by an unnatural accumulation created by Rice. It also held that as the landowner, Fifth Avenue had a duty to provide a safe means of travel for pedestrians between the parking lot and the building since it elected to have snow removed from the parking lot.

What does this mean in non-legal speak? First of all, summary judgment is a drastic way for a court to dispose of a case. When a court grants summary judgment, it finds that the plaintiff cannot present sufficient evidence to prove his or her case before a jury. The Plaintiff does not get his or her day in court.

For a plaintiff to recover in a slip-and-fall case involving ice, snow, or water, the plaintiff must show "that the accumulation of ice, snow or water is due to unnatural causes and that the property owner had actual or constructive knowledge of the condition." Gilberg v. Toys "R" Us, Inc., 126 Ill. App. 3d 554, 557 (1st Dist. 1984). Typically, courts will not hold Illinois landowners liable for the failure to remove natural accumulations of snow or ice. Ziencina v. County of Cook, 188 Ill. 2d 1, 10-11 (1999). However, once a landowner elects to undertake snow and ice removal on his property, the landowner has the duty to exercise ordinary care in doing so. Erasmus v. Chicago Housing Authority, 86 Ill. App. 3d 142, 145 (1st Dist. 1980). It is also the duty of the landowner to provide a reasonably safe way for people to get in and out of property. Snow removal contractors have a duty not to "negligently remove snow by creating or aggravating an unnatural accumulation of snow or ice." McBride v. Taxman Corp., 327 Ill. App. 3d 992, 996 (1st Dist. 2002).

Snowy and icy conditions must be treated with due care. If you work in a building that does not properly deal with the accumulation of snow or ice, be sure to lodge complaints with management and make your concerns known. Although winter is not here yet, it will be soon. It is never too early to consider your safety.

Continue reading " IT'S NOT TOO EARLY TO DISCUSS HOW ILLINOIS LAW DEALS WITH SLIPS AND FALLS ON SNOW AND ICE, IS IT? " »

As Chicago trucking accident attorneys we are continually concerned with the presence of drowsy or fatigued truck drivers on our roadways. We were disturbed to read the recent news out of the Quad Cities that a semi truck driver admitted to authorities that he fell asleep behind the wheel of his vehicle while transporting cattle. According to reports, the driver lost control of his vehicle during the early hours of October 14, 2011, the truck flipped onto a median, released close to 30 cattle onto the highway, and caused two other accidents. Fortunately, in this instance, those involved in the accidents suffered few injuries.

Our Chicago Accident and Injury Lawyer Blog has repeatedly discussed the hazards that fatigue and distracted semi-truck drivers pose to themselves and other drivers on our roadways and highways. Despite federal regulations in this area, semi-truck drivers typically work long hours, often pushing themselves to the limit when it comes to fatigue. The Federal Motor Carrier Safety Administration, which continually shows concern for this topic, has noted in the past that commercial truck and motorcoach drivers are at higher risk for acquiring and suffering sleep disorders, such as sleep apnea. According to Advocates for Highway and Auto Safety, Truck driver fatigue is a contributing factor in as many as 30-40% of all heavy truck crashes.

Federal law establishes the maximum amount of hours drivers are allowed to work. Drivers must document hours spent driving, on-duty but not driving, off-duty, even time spent in the sleeper berth (the trucking industry's term for the truck's sleeping area), as well as miles travelled, among other things. 49 CFR 395.8. Such standards aim to prevent fatigue; yet, the industry constantly grapples with this issue. In fact, hand-written drivers' logs have become so unreliable that many in the industry call them "comic books."

Cases involving collisions with trucks are more complex than cases involving collisions between cars, as trucking cases often involve a mix of federal and state laws and statutes. Also, trucking accident cases frequently involve considerable personal injury claims resulting from serious injuries and often death. Those injured in a trucking incident, must hire a trucking accident attorney who is familiar with litigating trucking cases -- one with proven results, experienced at choosing the right experts, and with knowledge of this area of the law. Jeffrey J. Kroll has lectured on the topic of fatigued truck drivers. He addressed The Association of Plaintiff Interstate Trucking Lawyers of American (APITLA) and presented his paper, "Deposing the Fatigued Trucker,” in Las Vegas, Nevada, in 2009.

Continue reading " TRUCK DRIVER FATIGUE CAUSES SEMI-TRUCK ACCIDENT " »

Many who suffer from traumatic brain injuries often live life in a fog, where it is hard to think clearly, recall words, or even remember minute details. Others suffer conditions such as severe memory loss, limited function of arms or legs, abnormal speech or language, loss of thinking ability and emotional problems. This week, no doubt, many have learned of the susceptibility of race car drivers to head trauma after Dan Wheldon's fiery crash at the IndyCar World Championships at Las Vegas Motor Speedway this past weekend, which ultimately lead to his death due to blunt force trauma to the head. In a recent interview with David Wood on the WHYY radio program Fresh Air, Mr. Wood commented that due to advancements in physical medicine, more people, especially those that suffer traumatic brain injuries in combat, are living through traumatic events and then suffering through the everyday issues associated with traumatic brain injury. See, Fresh Air from WHYY, "Rebuilding Soldiers Transformed By War Injuries," October 13, 2011.

A recent New York Times article, Treatment of Trauma to Brain is Studied, discussed an Institute of Medicine report which stated methods thus far used to treat traumatic brain injuries and psychological lapses among veterans, including "the use of special daily diaries… to improve memory," did not provide a sufficient evidence base to support any future guidelines for establishing a course of treatment for those who suffer traumatic brain injuries. What does that mean? Apparently, the "techniques being used to treat psychological lapses from traumatic brain injuries … appear to be helpful, but lack rigorous scientific support…." Why? The article gives at least one reason: "evaluating traumatic brain injury treatment was inherently difficult because the severity of injuries varies so widely…."

As the number of Americans that live through traumatic events and go on to suffer the residual effects of traumatic brain injuries increases, the medical community will have to devise more effective forms of treatment. The New York Times article reported that nearly "20 percent of service members wounded in Iraq and Afghanistan have suffered blows to the face, neck or head, and the number of brain injuries has nearly tripled in the past decade, to more than 30,000 from 11,000." According to the Centers for Disease Control, an additional 1.7 million civilians suffer traumatic brain injury, many from car and trucking accidents, each year. Direct and indirect medical costs, such as lost productivity, due to traumatic brain injury estimated $60 billion in the United States in 2000.

As Chicago brain injury attorneys, it is our role to understand the sequelae of traumatic brain injuries and maximize monetary recovery to provide for the brain-injured individual. Since 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 of a lawsuit, including the location of the injury on the brain, the age of the person and the general health of the individual.

Continue reading " LIVING WITH TRAUMATIC BRAIN INJURIES " »

As Chicago school injury attorneys, we zealously advocate on behalf of our clients, including those who are victims of a school's negligence. A National Center for Education Statistics study found that nearly a third of students age 12-18 have reported that they had been bullied in school at one time or another.

Students who are bullied, hazed or otherwise injured while on -- and sometimes off of -- school property may be eligible for a personal injury lawsuit if they can show the school, college or university failed to take reasonable steps to prevent the incident. The subject of school immunity often comes up when dealing with lawsuits against schools since Illinois does generally provide teachers and other certified educational employees with limited immunity from negligence actions if evidence of willful and wanton conduct does not exist. Knapp v. Hill, 276 Ill. App. 3d 376, 382 (1st Dist. 1995). However, Jeffrey J. Kroll has successfully defeated immunity defenses in numerous cases, by proving willful and wanton misconduct on the part of the school or school district. Willful and wanton means the failure, after gaining actual or constructive notice of an impending danger, to exercise care to prevent harm to others, when that danger poses an unreasonable risk of harm. Sullivan v. City of Hillsboro, 303 Ill. App. 3d 650, 655 (5th Dist. 1999). It is a hybrid between acts considered to be negligent and those considered to be intentional. Stojkowich v. The Monadnock Building, 281 Ill.App.3d 733, 744 (1st Dist. 1996). Whether specific acts amount to willful and wanton conduct is ordinarily a question of fact for the jury. Green v. Chicago Park District, 248 Ill. App. 3d 334, 341 (1st Dist. 1999).

The Chicago school injury attorneys at the Law Offices of Jeffrey J. Kroll read a recent CNN article, Bully-proofing your kids, which explores ways parents can "strengthen their children before the bullying starts." Here are some of the tips discussed in the article:

(1) Start early. Get your child to understand the difference between "thinking, feeling and action." For example, ask a child about good events that happened to them to develop a sense of feelings about events versus the actual event. Then, ask the child about good things that happened to someone else. Once they understand the difference, ask them about something that did not work out so well for the child and for someone else. This will help children understand the connection between cause and effect, positive and negative behaviors.

(2) Develop a sense of self. Parents must understand the kind of person that their child is. Encourage children to be "themselves" and not to be impressed by their friends' every whim. It is also important to teach children to be confident. Find something (academics, sports, music, dance) that gives your child confidence.

(3) Encourage courageous behavior. Teach children to speak up if someone is being bullied. Raise your child with the courage to do what is right.

(4) Look in the mirror. Parents must monitor their own behavior, and instill a peaceful approach to problem-solving. Children will mirror your behavior.

(5) Develop overlapping circles. Parents should encourage children to participate in after-school activities, where they can make friends outside of the classroom or school setting. Helping children find what they are good at is a huge confidence builder and can have life-long positive benefits.

(6) Develop physical confidence. It can't hurt to engage in physical activity and build a child's physical strength. This can be a great self-esteem booster for some children.

(7) When you find out your child is the bully. No one wants to find out that it is actually their child who is doing the bullying at school. However, there are ways to stop bullying by getting to the root of the problem, whether it is at school or home, and encouraging good behavior.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY ON PROTECTING YOUR CHILD FROM BULLIES " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll were at first shocked to find out that traffic violations had been dropped against a 23-year-old driver who struck a tractor-trailer, which then caused a collision with a disabled pickup truck in Buffalo Grove, Illinois, on August 1, 2011; however, a recent article in the Chicago Tribune reported that prosecutors dropped the charges to clear way "for potentially more serious charges." In the collision, a Hawthorne Woods man and father of two was severely wounded. Unfortunately, he died one month later from the injuries suffered in the crash. The young driver, who admitted to using her cell phone at the time of the accident, was charged with improper lane change, driving on the shoulder of the road, as well as texting while driving.

The Illinois Rules of the Road, specifically 625 ILCS 5/12-610.2, prohibit anyone from operating a motor vehicle on a roadway "while using an electronic communication device to compose, send, or read an electronic message." In addition to criminal charges, a driver that causes a deadly collision can be sued in a civil action for monetary damages. In this case, the family of the deceased pickup truck driver may have a potential case for a wrongful death action against the driver for negligently operating her vehicle by using a cell phone while driving, causing the man's death. The Illinois Wrongful Death Act, 740 ILCS 180/2, provides a cause of action for the personal representative of a deceased person, designating the money recovered in the action for the benefit of the surviving spouse and next of kin of the deceased person. At trial, a jury may award monetary damages for loss of society, grief, sorrow, and the mental suffering of the deceased person's heirs.

Along with a wrongful death lawsuit, the personal representative may also bring a claim under the Illinois Survival Act pursuant to 735 ILCS 5/13-209. The Survival Act allows the representative to maintain statutory or common law actions that accrued prior to the decedent's death. This means that when a person entitled to bring a lawsuit dies before the action is commenced, the cause of action survives. The representative may be awarded monetary damages which correlate to the damages suffered by the deceased prior to his death, including conscious pain and suffering, disability, lost wages, loss of enjoyment of life and related medical expenses. As with all personal injury claims, it is important to keep in mind that there may be a time limit for filing a car or truck accident lawsuit. For many reasons, it is important to contact an experienced personal injury attorney to determine if you are eligible to file a personal injury or wrongful death claim.

Continue reading " POLICE INVESTIGATING MORE SERIOUS CHARGES AGAINST DRIVER WHO CAUSED DEATH, ADMITTED TO USING PHONE WHILE DRIVING " »

The personal injury attorneys at the Law Offices of Jeffery J. Kroll read a recent Illinois case discussing premise liability issues in Illinois. The case is Van Gelderen v. Hokin, 2011 Ill. App. LEXIS 785 (1st Dist. 2011). There, plaintiff, an invitee, who was aware that a side door at the property owner's home opened into a hallway, and that only about five inches separated the door opening from a stairwell, fell down the stairwell upon leaving the property. The plaintiff sued the property owner under premise liability theory. At trial, the plaintiff offered expert testimony that the stairwell was unreasonably dangerous. The jury found that the plaintiff's injury was caused by an unreasonably dangerous condition. The trial court denied the property owner's motion for judgment notwithstanding the evidence.

The appellate court affirmed, agreeing that the expert's testimony that the stairwell was unreasonably dangerous distinguished plaintiff's case from previous cases involving stairwell falls. The most interesting part of the appellate court's findings, however, in the opinion of our personal injury attorneys, is the court's finding regarding testimony related to subsequent remedial measures. Subsequent remedial measures are typically off limits when it comes to evidence in a trial (i.e., evidence of subsequent remedial action is inadmissible to show prior negligence. Fan v. Auster Co., 389 Ill. App. 3d 633, 654, (2009)). During the Van Gelderen trial, however, the property owner testified that he had not changed anything about the side entrance to his house and that no one since plaintiff had been injured by falling down the basement stairs. 2011 Ill. App. LEXIS 785, *22. Plaintiff in turn properly impeached the property owner by introducing evidence of a baby gate that had been placed in front of the entrance to the stairwell, which contradicted the property owner's statement that he had not changed anything about the entrance since the incident. Id. See also, Herzog v. Lexington Township, 167 Ill. 2d 288, 302 (1995) (evidence of subsequent remedial measures taken by a defendant may be admissible for the purpose of impeachment). The property owner opened the door to allow evidence of the installation of the baby gate by testifying that no one had been injured and no changes had been made.

Cases like Van Gelderen are considered "wins" for injured victims throughout Illinois. Experienced personal injury attorneys know the most recent case law, and dedicate their careers to helping injured clients.

Continue reading " PLACEMENT OF A BABY GATE POST-INCIDENT CONSIDERED PROPER AREA OF IMPEACHMENT " »

No one thinks about injuries while on vacation, but unfortunately, injuries do happen. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll want you to understand the various ways cruise lines shield themselves from liability in the event of a passenger injury. For example, cruise lines typically take the position that they are not liable for the malpractice of the ship's doctors or nurses, even if they wear a cruise line-issued uniform. Cruise-line doctors are often considered independent contractors and must be sued individually, even if you were billed for their services through the cruise line. See, McGill, Gerry,Handling Cruise Line Passenger Claims, Trial Lawyer, Summer 2011.

Be careful on excursions from the cruise ship as well. Many cruise lines specifically contract out of liability for excursions, even if you pay for the excursion through the cruise line. Had your heart set a specific excursion at a specific port? Cruise lines include fine print in their tickets that permit them to deviate from schedule and skip ports at any time, without any recourse to the passengers.

And if you act up on the ship or at a port? The cruise line and its captain have the right to refuse a passenger passage back onto the ship, disembark the passenger from the ship or confine the passenger to a stateroom if the passenger's physical or mental condition or behavior -- in the sole opinion of the captain or ship's physician -- is believed to constitute a risk. (Remember, that physician who doesn't actually work for the cruise line?) Now, after all that, cruise line's tickets also typically contain a line prohibiting any claims for emotional distress.

What rights does an injured passenger have? Contact an experienced personal injury attorney to evaluate your legal options. Despite the restrictions, recovering monetary damages is possible.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY: WHAT TO DO IF YOU ARE INJURED WHILE ON A CRUISE VACATION, Part 2 " »

Our Chicago personal injury attorneys recently filed suit against a Naperville man who negligently crashed into our client, a 60-year old Aurora man, in a multi-vehicle accident that occurred in Naperville in September. The story was recently featured in Naperville Patch. Our client and his passenger suffered numerous life-threatening injuries after being thrown from the Harley Davidson motorcycle that they were riding. Our client is now disabled, and his estate has filed a lawsuit against the Naperville man in DuPage County. On the day of the accident, the Naperville police issued the Naperville man a traffic citation for driving left of center.

The complaint alleges the Naperville man was negligent of one or more of the following according to Illinois Compiled Statutes:
- Negligently operated his motor vehicle.
- Proceeded at a speed which was greater than reasonable and proper with regard to traffic conditions and the use of the highway, or which endangered the safety of persons or property.
- Failed to decrease speed so as to avoid colliding with another vehicle (or person).
- Failed to drive vehicle as nearly as practicable entirely within a single lane without first ascertaining that movement from such lane could be made with safety.
- Failed to drive upon the right half of the roadway.
- Failed to give audible warning with his horn when such warning was reasonable necessary to insure safety.
- Was otherwise careless and negligent.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY FILES LAWSUIT ON BEHALF OF DISABLED MOTORCYCLIST " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll read the disturbing news that meteorologists at Accuweather are predicting that Chicago will get 50 to 60 inches of snow this winter. Sounds like a good time to start planning a vacation, but before you do so, please understand your rights as it relates to cruise ships.

After reading Handling Cruise Line Passenger Claims (Gerry McGill, Trial Lawyer, Summer 2011), our personal injury attorneys were concerned that cruise line passengers were not aware of the special considerations that cruise lines benefit from in the event that a passenger becomes injured. Typically, if you are injured on while on a cruise, General Maritime (or Admiralty) law will govern your case. However, cruise lines enjoy limits to their liability for passenger injury, which many passengers may not understand. In fact, cruise lines are permitted to include a line in their tickets that limits the time that an injured person has to file a claim to one year. Many cruise lines also add a line requiring the injured person to provide detailed notification of a claim within six months of the incident, or else the claim could be barred. Many cruise line passengers do not pay attention to the fine print before booking a vacation.

Another common fine print limitation: the venue (or location) where a passenger may file suit. Regardless of where you boarded the ship, most cruise lines designate Dade County, Florida, certain federal district courts, Los Angeles, California, or Seattle, Washington as the forum for filing a lawsuit against a cruise line. Knowing that many passengers do not live in these areas, cruise line CEOs are succeeding in making it as difficult as possible for passengers to sue.

But, the truth is, people do suffer injuries while on cruises, from slips and falls to injuries during excursions and even ship emergencies like fires and collisions. Vacationers are not shielded from injury. Knowing your options if and when an injury occurs is a good idea. The Chicago Accident and Injury Lawyer Blog will provide more tips on cruise line lawsuits in the upcoming days.

Continue reading " WHAT TO KNOW BEFORE YOU MAKE PLANS TO ESCAPE THE COLD AND BOOK A CRUISE VACATION " »

The discussion on sports-related injuries continues. Again, the Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll find a recent article on CNN.com insightful. The article calls for changes in the how injuries to student athletes are evaluated in contrast to college and pro athletes.

The issue being, younger athletes are still in the midst of growth, with changing bodies and developing brains. The National High School Sports-Related Injury Surveillance Study "is pushing athletic programs away from a 'rub some dirt on it' philosophy and expecting everyone around young athletes to monitor their health." Even more encouraging, according to CNN the "CDC will create national guidelines for preventing and managing sports-related traumatic brain injuries. The guidelines … are expected to be finalized by 2013."

I know from experience, being the father of a nine-year-old football player, that parents these days are very nervous about spinal cord and brain injuries. Instead of steering kids away from certain sports, parents and educators must learn how to direct children to avoid concussion-causing conditions, use preventative equipment, and appreciate the signs of any type of traumatic brain injury -- no matter how insignificant it may appear. The key to preventing concussions and keeping children safe is education.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON SERIOUS SPORTS-RELATED INJURIES, PART 2 of 2 " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll read a great article on CNN.com regarding the serious nature of high school sports' injuries. As advocates for students suffering spinal cord and traumatic brain injuries while participating in school-related sports, our personal injury attorneys know that a lot is a stake when it comes to the safety of children, on and off the playing field.

The CNN article discusses a young girl injured during cheerleading practice while attempting a new stunt. The girl fell on to her head from her team mates shoulders, five feet above ground. She suffered a fractured skull, concussion, and bruising on the brain. The article describes the emotional and financial affect the fall had on the girl and her entire family.

One of the most unexpected facets of injuries to high school students is the likelihood for developing mental health issues after the incident. Since high school student's brains are not fully developed, their coping strategies are also less developed. Many students that suffer traumatic brain and spinal cord injuries, even concussions, can experience extreme social change. Often they can no longer participate in their chosen sport, lose social connections, and suffer depression. Many families are not prepared for the change.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON SERIOUS SPORTS-RELATED INJURIES, PART 1 of 2 " »

Our Chicago personal injury attorneys just read an Illinois First District Appellate Court decision, affirming a $4.75 million dollar judgment in favor of the estate of a legally-blind man, who was killed by a Metra train at a Metra Station in Berwyn, Illinois. The case is Eskew v. Burlington Northern and Santa Fe Railway Company.

The most interesting issues on appeal involved alleged jury misconduct and one juror's blog, describing her experiences while serving on the jury. According to the opinion, here is one of her entries:

"But I can tell you some stuff. At one point on Friday, in the privacy of the jury room, one of the jurors said, 'Well, all's that left now is deciding how much.' I looked at her in disbelief. 'Lalalalalalala!" I singsonged, holding my fingers in my ears. 'You cannot talk that way, Juror L,' I said, 'You have to wait until ALL the evidence is in and we've heard from ALL the witnesses." 'How come?' she said, *** 'It's clear to me who is at fault.' 'You don't know that," chimed in my buddy, Juror F. 'What if they show us a suicide letter?' 'There's a suicide letter?' 'No, no, no!' we said in unison, and then JF continued, 'but you don't know what else they might tell us or show us. You have to wait to make up your mind!"

The defense claimed that this blog entry and others showed that the verdict was the result of bias. The court disagreed, finding the blog entries did not show that the jurors were exposed to any improper extraneous information from an outside source. Also, while the blog entry showed that the jurors had discussed the case prior to hearing all of the evidence (which juror's are specifically instructed not to do during pretrial instructions), the Court found that the blog entries actually showed that the jurors were committed to keeping an open mind until all of the evidence had been presented. The court noted,

"The important question in this regard is not whether the jurors kept silent with each other about the case, but whether each juror kept an open mind until the case was submitted to them."

Although seemingly innocent in this case, juror's use of the internet during a trial could adversely affect the litigating parties, and should be discouraged. Judges should emphasize the preliminary cautionary jury instruction specifically prohibiting jurors from commenting on social media websites or conducting internet research during the jury process. Jeffrey J. Kroll has written and spoken about how disruptive jurors' internet use has proven to be during trials. Last October, his article "Jury Trials in the Digital World" was featured in the Chicago Daily Law Bulletin.

Continue reading " JUROR BLOGGING DURING TRIAL FOUND NOT TO HAVE AFFECTED VERDICT " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll recently commented on a Chicago Tribune investigative piece on taxi drivers. The statistic that "more than 1 in 4 downtown crashes involved cabdrivers" stuck with us, and a quote from Transportation Commissioner Gabe Klein didn't make us feel much better about the matter: "It isn't just a few bad apples. The overwhelming number of taxi drivers, unfortunately, speed on a regular basis and set a pretty bad example for everybody else. They hit the gas at every green light and slam on the brakes at every red light a block later," reported the Chicago Tribune. The worst part about this is that many taxi drivers with horrible driving records still have their license. Anyone who has ever walked on a Chicago street can relate to such conduct by a cab driver.

Thankfully, Chicago tightened its licensing policy recently. Now, three convictions for traffic violations within a year will automatically revoke a taxi driver's license. The key to protecting motorists and pedestrians in Chicago is to get dangerous taxi drivers off the streets. The police department and courts must do their best to prosecute the numerous driving violations issued to professional drivers.

Our Chicago personal injury attorneys have experience suing negligent taxicab drivers and their companies, and have secured millions of dollars in verdicts and settlements for our clients. Jeff Kroll obtained a $5.25 million dollar settlement for a Lake County woman, who was injured by a Yellow Cab taxi driver when he drove his cab across three lanes of traffic in an attempt to reach an exit. The woman suffered a brain injury and had difficulty with walking. At the time, the settlement was the largest with a cab company in the State of Illinois. He also obtained a $2.05 million settlement for a single mother who was killed by a taxicab in a Chicago intersection.

Continue reading " KEEP DANGEROUS TAXICAB DRIVERS OFF CHICAGO STREETS " »