Chicago Accident and Injury Lawyer Blog

As Illinois personal injury attorneys, we must stay up to date on new laws at all times. Effective January 2012, Illinois legislatures have added over 200 new laws affecting Illinois citizens. WSILTV.com published a list of the new laws. Here are a few that could impact the rights of personal injury victims:

Motorcycle Red Lights (HB 2860/PA 97-0627): This new law permits motorcyclists, who are stopped at a red light, "to proceed through the light if, after waiting a reasonable length of time, the red light fails to change to green."

Seat Belts (HB 219/PA 97-0016): The Chicago Accident and Injury Lawyer Blog reported on this one in July of 2011. Illinois's new seatbelt law requires even adult passengers sitting in the back seat of a moving vehicle to wear a seat belt. The law also requires individuals 18 and younger, who happen to be riding in a taxi cab for school-related purposes, to wear a seat belt.

Smoke Detectors (HB 1398/PA 97-0447): This law requires "hotels to be equipped with at least one smoke detector within 15 feet of every room that is used for sleeping purposes." Hopefully, this law will help prevent fires that cause serious burn injuries and wrongful death.

Uninsured Driving (HB 2267/PA 97-0407): This law fixes a $2,500 fine, plus any applicable jail time, for individuals "convicted of driving an uninsured vehicle that results in bodily harm to another person," if the individual has "two or more convictions for driving an uninsured vehicle." A person convicted of third violation will be required to pay a $1000 fine, if the person has not caused bodily harm to another person.

Vehicle Occupancy Restrictions (HB 1315/PA 97-0017): The Chicago Accident and Injury Lawyer Blog also commented on this law back in July of 2011. The Vehicle Occupancy Restrictions law makes it illegal for passengers to ride in trailers, wagons and other vehicles while they are being towed on highways, with the exemption of farm-related activities and parades.

Medical Malpractice (HB 1476/PA 97-0449): This law permits the Illinois Department of Financial and Professional Regulation (IDFPR) to provide information to the public concerning complaints against doctors or medical professionals. The law will help patients more thoroughly research the doctors and medical professionals who treat them.

Continue reading " OVER 200 NEW LAWS ADDED TO ILLINOIS'S BOOKS " »

Have you ever wondered what duty landowners have to keep their property safe, especially property that contains large trees? As Chicago premise liability attorneys, we know that many people are unaware of their legal rights when they are injured on another person's property; yet, this is a concerning topic. Earlier this year, a fifteen-year-old girl from Lake Forest, Illinois, was killed during a Wyoming camping trip when a tree fell on top of her while she was backpacking.

In Illinois, the First District Illinois Appellate Court provided guidance on this issue when it decided the case Ortiz v. Jesus People, 405 Ill. App. 3d 967 (1st Dist. 2010), in November of 2010. There, plaintiff was injured when a tree limb, extending over a public sidewalk from defendant's property, fell on top of her while she and her daughter were riding bicycles one windy Spring day in Chicago. The tree limb knocked plaintiff unconscious. Plaintiff eventually regained consciousness, but required numerous painful surgeries, including mouth and nose surgeries.

Plaintiff filed premise liability and negligence suits against defendant, Jesus People, and the City of Chicago. The trial court granted the City of Chicago's motion to dismiss. At trial, a jury awarded plaintiff $686,831.17. The defendant's motion for a new trial was denied. Defendant appealed.

The First District Appellate Court affirmed the jury verdict in favor the plaintiff. The general rule followed by Illinois courts considers Section 363 of the Restatement (Second) of Torts, which provides that "a possessor of land *** is [not] liable for physical harm caused to others outside of the land by a natural condition of the land." The "natural condition of the land" includes "the natural growth of trees *** and other vegetation upon land not artificially made receptive to them." However, there is an exception to the general rule of non-liability that pertains to a possessor of land "in an urban area" where such possessor is "subject to liability to persons using a public highway for physical harm resulting from his failure to exercise reasonable care to prevent an unreasonable risk of harm arising from the condition of trees on the land near the highway." Furthermore, Illinois law states that an urban landowner owes a duty of reasonable care that includes taking reasonable steps to prevent injury. 405 Ill. App. 3d at 973. In the Ortiz case, defendant's property was located in Chicago, an urban area, and the tree was adjacent to a public sidewalk on a busy public street and a very large limb extended over that sidewalk. The defendant failed to exercise reasonable care, which would involve inspection of and maintenance of the tree to prevent an injury to travelers on the public sidewalk.

Owners of property in urban areas are not the only ones with this responsibility. In Mahurin v. Lockhart, 71 Ill. App. 3d 691, 693 (5th Dist. 1979), the court expanded the duty established in Section 363(2) of the Restatement (Second), holding: "a landowner in a residential or urban area has a duty to others outside of his land to exercise reasonable care to prevent an unreasonable risk of harm arising from defective or unsound trees on the premises, including trees of purely natural origin."

Continue reading " CHICAGO PREMISE LIABILITY ATTORNEY: LANDOWNERS DUTY TO KEEP THEIR PROPERTY SAFE " »

The Illinois wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have helped numerous families deal with the untimely death of a family member due to someone else's negligence. Wrongful death lawsuits present numerous issues, one being obtaining the victim's medical records, especially to determine if negligence caused or contributed to the victim's death. In the past, the deceased person's legal representative, usually a family member, was required to open an estate for the victim before being granted access to the medical records of the person that passed away. However, last month, Illinois' Governor Quinn signed a law that may make the process of obtaining a loved one's medical records a bit easier. The bill has been codified as 735 ILCS 5/8-2001.5 (2011). It states, in pertinent part:

"Authorization for release of a deceased patient's records. (a) …When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records may be released upon the written request of:

(1) the deceased person's surviving spouse; or

(2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.

(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. *** "

Upon request for records of a deceased patient, the named authorized relative must furnish the medical facility or practitioner with a certified copy of the deceased person's death certificate. The statute provides direction for preparing the Authorized Relative Certification, detailing the specific language that the requesting party should use.

The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll think that this statute can provide some comfort for the deceased person's family. We applaud the Illinois legislature for simplifying what can be an otherwise cumbersome and time-consuming process. Families dealing with the loss of a loved one, especially when that loss may be attributed to another person's negligence, often suffer greatly.

Continue reading " ILLINOIS WRONGFUL DEATH ATTORNEYS: OBTAINING A DECEDENT'S MEDICAL RECORDS " »

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 article, "Lawyers should take the reins with future damages", Jeff puts a holiday spin on the discussion of maximize damages for client's future medical expenses, lost earnings, future pain and suffering, disability, disfigurement and loss of consortium damages in a light of the ever-changing American economy and political climate. Here is an excerpt from his article:

My firm represents individuals who have been severely injured as a result of someone else's negligent acts. One of the most difficult tasks we have is ensuring our clients receive full and fair compensation. Before entering into a settlement or suggesting an amount of compensation to a jury, we must determine a sufficient amount of money that will provide for the individual well beyond the date of trial. Often, our clients' lives have been shattered by unnecessary and unexpected injuries. Many can no longer work or care for themselves.

In my humble opinion (with the full disclosure that I am a plaintiff's attorney), the injured party deserves the benefit of the doubt. This isn't just a "holiday, be generous" message. (Although, I am in the spirit this year; Christmas music plays in my office even as I write this article.) Who will care for the injured if their settlement or verdict award does not cover medical and daily living costs well into the future? I have yet to hear of Santa and his elves stuffing stockings with prescription medications, physical therapy, joint replacement surgeries or checks to cover insurance premiums. No one can depend on the future of Medicare and Medicaid either — nor should they have to. The harm perpetrated on the injured will consistently ripple through the individual's family, emotionally and economically. Not only do family members live with the changed — depressed and likely disabled — person, but often they also must care for the victim of negligence. The cynic will say "Well, that's the family's job. They should take care of them." But how fair is that?

The only way to protect the victim and the family, and to provide them with some piece of mind when it comes to future finances, is to maximize damages for future medical expenses, lost earnings, even future pain and suffering, disability, disfigurement and loss of consortium. Speculative damages, you might say. But there is nothing speculative about the ongoing pain and suffering that my clients will endure. Nor is there anything speculative about the medical care that they will require for the rest of their lives.

Then, there is the whole business of future damages discounted to present cash value. All future damages, except for pain and suffering, disfigurement, disability and loss of society and consortium, must be reduced to present cash value. This has become the preferred method of determining future damages. While there is no requirement that the trial attorney present actuarial or statistical evidence to the jury to determine present cash value (Robinson v. Greeley & Hansen, 114 Ill.App.3d 720, 725 (2d Dist.1983)), it certainly can be helpful at times. Of course, mortality tables also help plot the course. But how do we plan for other economic and political changes? Right now, the future of health care in this country is unknown. Regardless of which side of the aisle you prefer, we will all be affected by the changing American medical infrastructure at some point. Medical costs seem to be rising as quickly and as steadily as the cost of college. Life-care planners and economists can help us plan for our clients' futures, but we are ultimately the clients' advocates and must direct the outcome.

Read the entire article.

Continue reading " BALANCING LIFE AND THE LAW " »

As Chicago medical malpractice and injury attorneys, our Chicago Accident and Injury Lawyer Blog often discusses the dangers of using cell phones and smartphones while driving. However, we recently read an interesting article about distraction and another concerning area: something the New York Times referred to as "distracted doctoring." The incidents may shock you. The examples cited by the New York Times include:

"a neurosurgeon making personal calls during an operation, a nurse checking airfares during surgery and a poll showing that half of technicians running bypass machines had admitted texting during a procedure."

One doctor interviewed in the article lamented upon walking into a hospital and seeing "doctors and other staff members glued to their phones, computers and iPads."

Like every other area of life that the internet has forever changed, the medical community has seen both good and bad effects of widespread web access. One benefit you may have noticed at your own doctor's office is that medical records are increasingly ditigitized, at least within the office. One detriment is the increased numbers of distracted doctors, nurses and technicians.

Just as drivers acknowledge that driving while texting is dangerous, doctors and nurses that text during surgeries or while caring for patients seem to feel the same way; yet, these behaviors continue. One studied cited by the New York Times

"found that 55 percent of technicians who monitor bypass machines acknowledged to researchers that they had talked on cellphones during heart surgery. Half said they had texted while in surgery. *** About 40 percent said they believed talking on the phone during surgery to be “always an unsafe practice." About half said the same about texting."

Apparently, one of the causes of the ever-increasing distractions in this area is the wide-spread availability of such interactive devices as smartphones, tablets and computers due to billions of dollars worth of investments in this area in an effort to achieve "data driven" medicine. As Cook County medical malpractice attorneys, we know firsthand that many patients are already frustrated with the current state of doctors' and nurses' bedside manners. Patients often feel rushed and ignored at times when human contact and attention is most important -- when dealing with a serious illness or injury. It has come to a point where medical malpractice attorneys routinely subpoena the cell phone records of physicians alleged to have committed malpractice to determine if cell phone use caused or, at the very least, contributed to a medical error. Attorneys must also investigate email records and web browsing histories.

As Chicago medical malpractice attorneys we believe that all hospitals and clinics must make an effort to ban the personal use of cell phones, smartphones, tablets and computer for doctors, nurses and technicians who are treating patients.

Continue reading " DISTRACTED DOCTORS CAUSE MEDICAL MALPRACTICE INJURIES " »

The National Transportation Safety Board (NTSB) has made a bold recommendation: All state governments should institute laws prohibiting all drivers from using portable electronic devices, including cell phones, when driving. As Chicago accident injury attorneys, we are very pleased with the NTSB recommendation and hope that all drivers embrace it.

Currently, 35 states, including Illinois, as well the District of Columbia, prohibit drivers from sending text messages while driving. See 625 ILCS 5/12-610.2. In 31 of those states, including Illinois, sending a text message while driving is considered a primary offense, meaning a police officer can pull over a driver just for texting while driving. So far, no state has instituted a ban on all wireless phone use for drivers; however, nine states (and D.C.) prohibit drivers from using handheld cell phones while driving. In Illinois, drivers may not use a wireless telephone at any time while operating a motor vehicle on a roadway in a school speed zone, or on a highway in a construction or maintenance speed zone. 625 ILCS 5/12-610.1(e). Thanks to a city-wide ban, drivers in Chicago may not use a hand-held cell phone while driving. Otherwise, drivers under 19 years of age, who hold instruction permits or graduated licenses, and school bus drivers may not use a wireless telephone while driving. 625 ILCS 5/12-610.1(b).

According to USA Today, NTSB issued the recommendation for a ban on all cell phone use for drivers upon completion of a hearing related to an August 2010 Missouri highway crash, which included four vehicles and two school buses, killing two people and injuring 38 others. Evidence at the hearing revealed that a pickup truck driver, who also died in the crash, caused the collision after "sending 11 text messages in the 11 minutes before the crash."

According to a recent NHTSA study,

"most drivers will answer a call while driving and most will continue to drive after answering. About 2 out of 10 drivers (18%) report that they have sent text messages or e-mails while driving; about half (49%) of those 21 to 24 years old report doing so. More than half believe that using a cell phone and or sending a text message/e-mail makes no difference on their driving performance, yet as passengers, 90% said they would feel very unsafe if their driver was talking on a handheld cell phone or texting/e-mailing while traveling with them."

NTSB also reports that approximately "3902 traffic fatalities in 2010 were blamed on distracted drivers." As a result, sending text messages while driving is rivaling the reckless nature of driving while under the influence of drugs or alcohol.

Everyone wants to stop crashes caused by distracted driving, but with personal beliefs like those stated above in the NHTSA study -- that "using a cell phone or sending a text message/e-mail makes no difference on their driving performance" -- it is difficult to get drivers to understand the real risks tied to the behavior. The Department of Transportation has implemented a new website and continues to make efforts to deliver the message to drivers. In 2010, the Federal Motor Carrier Safety Administration (FMCSA) also banned commercial drivers from text messaging while operating trucks and buses. Last month, FMCSA extended the prohibition to the use of hand-held cell phones for truck and bus drivers, implementing a $2750 fine for violators.

Continue reading " CHICAGO ACCIDENT INJURY ATTORNEY EMBRACES NTSB'S RECOMMENDED BAN ON CELL PHONE USE FOR DRIVERS " »

The U.S. Department of Transportation (DOT) released news of the National Highway Traffic Safety Administration's newest set of statistics last week: 2010 fatality and injury data "showing that highway deaths fell to 32,885, for the year [2010], the lowest since 1949." As Chicago car crash attorneys, we are happy to hear this news. We know that car crashes leading to serious injuries and traffic deaths are devastating for the surviving family and often result in serious, debilitating injuries to other individuals involved in the crash as well.

One of the most significant aspect of the DOT's findings, in our opinion, is that the decline in "traffic fatalities occurred even as American drivers traveled nearly 46 billion more miles during the year, an increase of 1.6 percent over the 2009 level." The National Highway Traffic Safety Administration (NHTSA) also found that 2010 had the "lowest fatality rate ever recorded, with 1.10 deaths per 100 million vehicle miles traveled in 2010." Sadly, however, during this same time period "fatalities rose among pedestrians, motorcycle riders, and large truck occupants." More information can be found in the DOT's press release, U.S. Transportation Secretary LaHood Announces Lowest Level Of Annual Traffic Fatalities In More Than Six Decades.

NHTSA also explained that it is changing how it measures fatalities related to distracted driving, calling them now "distraction-affected crashes," in order to better collect and report information on distracted driving. The change in methodology makes it impossible to compare distraction-affected crashes to older statistics. However, an "observational survey of drivers in traffic remains unchanged between 2009 and 2010, with 5 percent of drivers seen talking on handheld phones."

According to the National Phone Survey on Distracted Driving Attitudes and Behaviors, released by NHTSA this month:

"most drivers will answer a call while driving and most will continue to drive after answering. About 2 out of 10 drivers (18%) report that they have sent text messages or e-mails while driving; about half (49%) of those 21 to 24 years old report doing so. More than half believe that using a cell phone and or sending a text message/e-mail makes no difference on their driving performance, yet as passengers, 90% said they would feel very unsafe if their driver was talking on a handheld cell phone or texting/e-mailing while traveling with them. Where gender, age, and income differences exist, males and younger respondents tend to underestimate the negative effects that cell phone use has on driving. Those in the upper income tier ($100,000/year or more) tend to report higher incidences of cell phone use while driving and perceive such behavior as safer than do those in the lower income tiers. Overall, most drivers report that driving becomes more dangerous when they take their eyes off the road for more than 2 seconds, and this is related to age. About one-third of drivers 18 to 24 years old said they can take their eyes off the road for 3 to 10 seconds or more before driving becomes significantly more dangerous."

DOT Secretary Ray LaHood has been an outspoken advocate against distracted driving and drunk driving and for improved vehicle safety. The car accident and injury attorneys at the Law Offices of Jeffrey J. Kroll appreciate his efforts to keep our roads safe. As wintery conditions prevail upon the Chicagoland area, we hope that all motorists make a conscious effort to practice safe driving techniques.

Continue reading " U.S. DEPARTMENT OF TRANSPORTATION REPORTS TRAFFIC DEATHS DOWN " »

Sadly, the Chicago Tribune reported that a pedestrian in north suburban Northfield was struck by a motorist last Tuesday, December 6, 2011, in the early evening hour of 6:00 p.m. Most unfortunately, the pedestrian was pronounced dead at Evanston Hospital, later that night.

The Chicago Accident and Injury Lawyer Blog discusses the topic of pedestrian safety on a regular basis. Earlier this year we focused on the City of Chicago's efforts to improve pedestrian safety with its Chicago Pedestrian Plan, which may include improvements such as pedestrian countdown timers at crosswalks, curb bump-outs and medians for walking, to name a few. We hope that the suburbs surrounding the city will follow the trend set by Chicago.

According to Transportation for American, between 2000 and 2009,

"more than 47,700 pedestrians were killed in the United States, the equivalent of a jumbo jet full of passengers crashing roughly every month. On top of that, more than 688,000 pedestrians were injured over the decade, a number equivalent to a pedestrian being struck by a car or truck every 7 minutes."

Municipalities must do more to improve pedestrian safety and prevent pedestrian personal injury and death. Statutorily, Illinois motorists have a duty to "exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person." 625 ILCS 5/11-1003. In Illinois, a “pedestrian” is defined as “[a]ny person afoot, including a person with a physical, hearing, or visual disability.” 625 ILCS 5/1-158. Actually, some people who may not appear to be “afoot” also are considered pedestrians for the purposes of litigation, including people using motorized wheelchairs (625 ILCS 5/11-1004.1), an electric personal assistive mobility device (625 ILCS 511-1005.1) as well as people wearing roller skates, using a pushcart, and riding skateboards. Pedestrians receive protection under the Illinois Vehicle Code and common law.

Continue reading " CHICAGO PEDESTRIAN DEATH " »

NPR recently reported that "[i]nstant cups of soup — the kind that often come in a Styrofoam cup full of noodles — send children to the hospital every day." As Chicago products liability attorneys, that got our attention. A closer look into the story revealed that cup design is the culprit, specifically certain cup-of-soups' "unstable base." NPR further reported that the most common cases [of injuries] are small children, often toddlers, accidentally tipping the cup over on to themselves." One doctor interviewed by NPR stated: "there's no other injury that he sees as regularly that can be so directly attributed to a product's design…."

A 2007 study cited by NPR -- Noodles Stay Hotter Longer -- found that a "[n]oodle soup [burn] causes a significantly longer hospital stay than other types of soup… present[ing] a greater danger to children than other types of soup." Another study highlighted by NPR -- Instant Cup of Soup: Design Flaws Increase Risk of Burns -- found that "tall cups with a narrow bottom tip over about three times more easily than short, squat containers with a wide, stable base." That seems to make sense. According to NPR, that same study found that Nissin's Cup Noodles, a very popular variety, is one of the most easily tipped brands of cup full of noodles. Researchers believe that if companies that manufacturer cup of soup products make simple design changes, they may tip less and cause fewer injuries.

Under Illinois law, an injured person is entitled to compensation for injuries resulting from a defective product if it was in an unreasonably dangerous condition at the time the product left the control of the manufacturer, and the unreasonably dangerous condition caused the victim's injury. There must be specific circumstances present to file a product liability claim. If you have been injured by a defective or dangerous product, contact the experienced products liability and burn injury lawyers at the Law Offices of Jeffrey J. Kroll. We will examine the details of your accident. The designer, engineer, manufacturer, component part manufacturer, wholesaler and retailer, or similar parties, may all potentially be liable for a victim's injuries. If a claim results in a monetary settlement or verdict, responsibility may be distributed among the different parties. Monetary settlements and verdicts will assist the injured person with the costs of future medical expenses and provide income in the event that the injured person is unable to work. Noneconomic recovery for physical pain, mental suffering, disability and disfigurement may also be available.

Continue reading " DANGERS OF STYROFOAM CUPS FULL OF NOODLES " »

The Chicago sports and brain injury attorneys at the Law Offices of Jeffrey J. Kroll have highlighted the concerns of sports-related brain injuries in the blog, Chicago Accident and Injury Lawyer Blog, over the past three years. On the topic, the New York Times recently published a three part article on the life, career and death of pro-Hockey fighting phenomenon Derek Boogaard, who died at the age of 28, in May of 2011. He played for the N.H.L.'s Minnesota Wild and the New York Rangers. After conducting an autopsy on his brain, scientists believe Boogaard suffered from chronic encephalopathy, or C.T.E., "caused by repeated blows to the head," something Boogaard was no stranger to during his playing days. C.T.E. can only be diagnosed after death; however, many believe it manifests itself during life through "symptoms like memory loss, impulsiveness, mood swings and even addiction." Sadly, numerous N.F.L. players have also been diagnosed with C.T.E. posthumously.

Fighting and hockey seem to go hand-in-hand, or should we say fist-in-fist. The degree of fighting permitted in hockey extends far beyond anything that might be deemed acceptable in football, basketball or soccer. The unofficial hockey term for the player that does most of the team's fighting is "the enforcer." Enforcers are praised for their size and aggression, and often not necessarily for their hockey skills. Many enforcers suffer severe injuries on the ice due to fighting. Like football players, hockey players often dismiss black-outs, a sign of concussions, fearing that coaches and managers will prohibit them from playing. This attitude only results in more serious injuries on both a short-term and long-term basis.

What can parents do to protect their young hockey players? Parents should discourage young players from subscribing to the culture of fighting associated with hockey. U.S.A. Ice Hockey mandates the use of helmets, mouth guards and facemasks to reduce incidents of head injury. They recognize that preventing catastrophic injuries depends on the cooperation of coaches, players, and officials. Any child suspected of a head injury should be evaluated by a qualified professional immediately.

As Chicago sports injury attorneys, we recognize the importance of keeping our children safe and minimizing the risk of catastrophic injury while playing sports. Sports-related accidents resulting in personal injury occur on a daily basis at schools, gyms and training facilities. Many serious sports-related injuries include head and neck injuries, back injuries, paralysis and fractures. Often, there is legitimate reason for those injured while playing sports to take legal action. Athletic facilities should provide safe, functional equipment and can be liable if a patron is injured on their premises. Organizations, teams or individuals can similarly be liable if an athlete is injured on a playing field, court or arena.

Continue reading " CHICAGO SPORTS INJURY ATTORNEYS DISCUSS HOCKEY AND BRAIN INJURIES " »

A Purdue University study, The Effects of Road-Surface Conditions, Age and Gender on Driver-Injury Severities, recently concluded that "men over age 45 are much more likely to crash their vehicles on icy and snowy roads" as reported by the Chicago Tribune. Since winter driving season has now arrived, this is important news to share. The study also concluded that car crash risks increase with older male drivers of pickup trucks. According to the Purdue University News Service, the study was "based on an analysis of 2007-2008 police report crash data of 23,431 Indiana drivers."

The problem with pickup trucks, as identified by the study, was that pickup truck drivers (and most drivers of vehicles with four-wheel drive capabilities) have a misplaced "sense of invulnerability." While four-wheel drive is helpful for driving in snowy conditions, it is important to know that it does not result in faster stop times. However, snowy road conditions are not the only issue. The study states that men under 45 years old also are also "more likely to get into serious accidents on dry roads, perhaps because of overconfidence."

Turning to female drivers, the study reported that "[w]omen 45 and older were more than four times more likely to be severely injured on wet road surfaces than when driving on dry road surfaces, and women younger than 45 were nearly three times more likely. Women in the older category also had a 44 percent higher chance of being severely injured on rain-slick interstate highways compared to other roads." Study pinpoints dangerous driving conditions for men, women.

As Chicago car crash attorneys, we know that regardless of a driver's gender, it is important to appreciate road and weather conditions and not fall into the trap of feeling overconfident when driving large SUVs or vehicles with four-wheel drive capabilities, especially during the winter. The Purdue University study highlights how many factors, such as road conditions and driver attitude, can cause car crashes. At all times, drivers must closely assess road conditions and how they can affect reaction times.

The Chicago accident and injury lawyers at the Law Offices of Jeffrey J. Kroll suggest these helpful tips for driving in winter conditions:

- Slow down!
- Allow yourself plenty of room to stop; do not follow too closely.
- Avoid skidding by braking gently.
- Turn on your headlights, even during daylight hours.
- Scrap all ice and snow off of your lights, windshield, mirrors and windows before driving.
- Use low gears to maintain traction.
- Remember that bridges and overpasses freeze faster than the roads.
- Use caution.

Continue reading " CHICAGO CAR CRASH ATTORNEY DISCUSSES INDIANA STUDY ANALYZING MALE V. FEMALE DRIVERS " »

The month of December typically brings on an onslaught of holiday parties, most occurring in the late afternoon or the evening after work and on weekends. Other than the health hazards of consuming large quantities of calories during this time of year, drivers must also pay close attention to alcohol consumption and fatigue when it comes to operating motor vehicles.

As Chicago car crash attorneys, we took interest in a new study, conducted by the AAA, as reported by the Chicago Sun-Times, which states that close to "one-third of American drivers admitted to drowsy driving in the past month," despite the fact that 96 percent of the study's respondents agreed that "drowsy driving is an unacceptable behavior." In fact, drowsy driving is one of the most dangerous forms of distracted driving, up there with driving under the influence of drugs and/or alcohol, and driving while texting. According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving causes more than 100,000 crashes a year, resulting in 40,000 injuries and 1,550 deaths. However, the NHTSA notes that drowsy driving is often underreported as a cause of crashes. Accidents that occur as a result of driver inattention, such as the use of cell phone and sending text message, do not fall under incidents of drowsy driving.

How can you minimize falling victim to drowsy driving? The AAA warns drivers to be aware of the following signs of drowsy driving:

"difficulty keeping your eyes open and focused, and/or heavy eyelids; difficulty keeping your head up; drifting from your lane, swerving, tailgating and/or hitting rumble strips; inability to clearly remember the last few miles driven; missing traffic signs or driving past your exit; yawning repeatedly and rubbing your eyes; feeling irritable or restless."

If the holiday season requires you to take long driving trips to visit family and friends, be sure to get enough sleep the night before embarking on the trip. If you become tired or drowsy, stop the car and find a safe place to rest. Do not attempt to drive overnight if you are not accustomed to staying up all night. Travel with a companion who can take turns driving, and switch drivers every two hours, or take a break. Try to have a least one travel companion stay awake with you while you drive to help you remain alert.

Another concern when it comes to drowsy driving is the rise in the number of commercial vehicle accidents caused by a professional driver’s inattentiveness or fatigue. Federal regulations prohibit commercial truck drivers from driving a commercial vehicle while the driver’s ability or alertness is impaired by fatigue or any other factor which would make it unsafe for the driver to operate the commercial vehicle. 49 C.F.R. 392.3. There are also regulations that set the maximum number of hours that a driver can be on duty during any day or week and require a driver to maintain a daily log of work status. 49 C.F.R. 395, et. seq.

Drowsy drivers are engaging in risky and reckless behavior. Crashes caused by drowsy driving can result in severe personal injuries and death. They also bear large economic costs. In some cases, a drowsy driver considered to be engaged in reckless behavior could be charged with misdemeanor or felony charges that may result in jail sentences. 625 ILCS 5/11-503. Those injured by drowsy drivers may be entitled to multi-million dollar verdicts and settlements.

Continue reading " CHICAGO CAR CRASH ATTORNEY DISCUSSES DRIVING WHILE DROWSY " »

Even though Black Friday and Cyber Monday are in our rearview mirror, many parents, grandparents, aunts and uncles have yet to purchase the perfect Holiday gift for their little ones. As Chicago products liability attorneys, and parents, we hope that everyone has a happy and safe holiday season. Before venturing to the mall or purchasing toys on line, it is a good idea to check the Consumer Product Safety Commission's recalled toys list. The list is comprised of recalled toys stemming all the back to February of 1974.

During the past three months, for example, Consumer Product Safety Commission (CPSC) has recalled the following items:

• Build-A-Bear's Teddy Bear Swimwear Set Due to Strangulation Hazard
• Battat's Toulouse-LapTrec Magnetic Sketchboards; Magnetic Pen Tip Poses Choking Hazards
• Guidecraft's Twist ‘n Sort Wooden Toys Due to Choking Hazard
• Battat's Musical Wooden Table Toys Due to Choking Hazard
• LM Import & Export's Toy Cars Due to Violation of Lead Paint Standard
• Little Tikes's Toy Workshop and Tool Sets Due to Choking Hazard
• Chloe, Sophie and Audrey Soft Dolls by Pottery Barn Kids Due To Strangulation Hazard
• Twirlla Wooden Rattle by Manhattan Group Due to Choking Hazard
• Scoot 'n Zoom Children's Riding Toy by Radio Flyer Due to Fall Hazard
• Toy Keys with Remote by Battat Due to Choking Hazard

Please visit CPSC's website for additional information, including pictures of the recalled products. The Chicago children's liability attorneys at the Law Offices of Jeffrey J. Kroll also find the Consumer Product Safety Commission's website, "On Safety," to be a useful resource for children's safety issues and dangerous or recalled products. "On Safety" is the CPSC's official blog.

Another important area of safety this time of year is Christmas decorations. According to CPSC, each year nearly 12,500 people are treated in emergency rooms for injuries, such as falls, cuts and shocks, related to holiday lights, decorations and Christmas trees. This does not include the 150 deaths, 1,200 injuries and $173 million in property loss attributed to the misuse of candles each year. Nor does it include the nearly 300 Christmas tree fires that result in an average of 10 deaths, 30 injuries and more than $10 million in property loss and damage each year. If you have an artificial tree, be sure that it is fire resistant. If you purchase a real tree, be sure that it is fresh, with needles that do not easily break off. At all costs, keep lighted candles away from real and fake trees.

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A group of college athletes have filed a class action lawsuit against the N.C.A.A., claiming that it has negligently failed to promote awareness and treatment of brain injuries to student athletes. The lawsuit was filed in the United States District Court for the Northern District of Illinois. According to the New York Times, the class action lawsuit states: “The NCAA has engaged in a long-established pattern of negligence and inaction with respect to concussions and concussion-related maladies sustained by its student-athletes, all the while profiting immensely from those same student-athletes.”

After seeing numerous lawsuits this year by former N.F.L. players, who claimed that the NFL failed to properly address brain injuries, it seems inevitable that college sports would see a similar outcry. In fact, with researchers continually undertaking new studies in the area of sports-related injuries and head trauma, we know that one of the greatest issues with sports injuries and head trauma is that many athletes have been exposed to trauma to the head and brain since they were kids playing pee-wee sports. The benefit of some of the newer helmets and research is quite new. Unfortunately, many athletes have suffered too many damaging head blows. The Chicago Accident and Injury Lawyer Blog discussed how these damaging blows led to the demise of the great Chicago Bears' Dave Duerson earlier this year.

The New York Times' story highlights one former college football player who went from being an A student, "who could do mathematics in his head without a calculator or writing down the intermediate steps," to having to drop out of school after his grades fell dramatically because of memory problems, migraine headaches, and socialization problems as a result of a concussion he suffered on the football field. Prior to that, he suffered at least five concussion that he could remember; although, like many student athletes he did not think it was a big deal to get his "bell rung" every once in a while during play.

No doubt the brave student athletes, who have filed the class action lawsuit, will have a tough fight against the powerhouse that is the N.C.A.A. The attorneys at the Law Offices of Jeffrey J. Kroll wish them the best.

As sports injury and traumatic brain injury attorneys, and parents of young athletes, we know that many parents are frightened that their children could suffer concussions and brain damage participating in sports. Thankfully, Illinois is one of the 21 states that have established a concussion law protecting student athletes. The law, 105 ILCS 5/10-20.53 (2011), includes an number of requirements, including:

- School boards must work with the Illinois High School Association to develop guidelines to educate coaches, student athletes and parents of the nature and risk of concussions.
- Students and parents must sign a concussion information sheet and return it prior to practice or competition.
- School boards must adopt a policy requiring a student athlete with a suspected concussion or head injury to be removed from the practice or game at that time.
- Student athletes removed from play cannot return until after evaluation and written clearance by a health care provider.

However, even with the help of the new concussion law, the key to preventing concussions and keeping children safe is education. 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.

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