Chicago Accident and Injury Lawyer Blog

The Chicago car crash attorneys at the Law Offices of Jeffrey J. Kroll recently read an article entitled, Gray Highways: The New Driving Threat. Within the next twenty years, the article suggests that mass amounts of baby boomers will become elderly drivers, posing a serious threat to the American roadways. According to the article, "[i]n April of 2010, there were over 40 million Americans over the age of 65, and in the next ten years, another 35 million will reach that mark." What is so concerning about that? According to the National Highway Traffic Safety Administration (NHTSA), "the fatality rate for drivers 85 and over is 9 times as high as the rate for drivers 25 through 69 years old.”

The article points to a list of helpful questions created by the NHTSA for aging drivers to consider such as:

Do you get lost on familiar routes?
Are there new dents in your car finish?
Have you recently been warned or ticketed for bad driving behavior?
Have you had a near-crash experience lately for which you were at fault?
Has your doctor advised you to limit or cease your driving?
Are you overwhelmed by signs, signals, and the like on the highway while driving?
Do you take medications that affect your ability to drive safely?
Do you drive so slowly that traffic builds up behind you?
Do you suffer from ailments (glaucoma, arthritis, diabetes, etc.) that compromise your driving abilities?

If you answer any of these questions affirmatively, you must reconsider your driving habits. Both AAA and AARP offer programs to help aging drivers evaluate and adapt their driving skills and habits. If you are a friend or loved one that is concerned that an elderly driver may be becoming dangerous on the road, you must broach the subject with that individual. For many people, an end to driving signals the loss of independence and limitations in their lifestyle. This is something that must be discussed with friends and family and alternatives to driving must be investigated.

Continue reading "BABY BOOMERS A NEW THREAT TO DRIVING SAFETY?" »

I don't think that any of us anticipated such a mild winter this year, especially with Accuweather's prediction late last year that Chicago would see 50 to 60 inches of snow this winter. Instead, we've seen nary a bit. I must admit, I am fine with the lack of snow.

Of course, that does not mean that our roads are not riddled with potholes. It is typically the freezing and then reheating of pavement that causes potholes to form. They may become larger and more severe as roads are over-used and subject to severe wear and tear. According to a recent article in the Chicago Tribune: "Potholes represent part of a growing problem with crumbling roads across Illinois." The article further states that "[s]tate roads are wearing out 33 percent faster than they are being repaired, according to a new study by the Transportation for Illinois Coalition." Furthermore, the Coalition found that "[o]n average, motorists pay an additional $340 per year in the Chicago area in vehicle costs from poor road conditions."

Potholes that go unrepaired are hazards that can cause car crashes and property damage. The suspension and shock systems in vehicles suffer greatly, and unsuspecting drivers could face potentially serious injuries, especially if the driver loses control of the vehicle and crashes into another vehicle. Motorcyclists and bicyclists are particularly vulnerable to injury if they hit a pothole. The Chicago car crash attorneys recognize that motorcyclists or bicyclists that hit a pothole may easily fall and suffer severe injuries or death.

The Illinois motorcycle accident attorneys at the Law Offices of Jeffrey J. Kroll are presently working on a number of serious motorcycle accident matters and actively pursuing justice for those who were wrongly injured. A few of the motorcycle accident cases we are pursuing include: a Naperville man who was seriously injured when the driver of a vehicle lost control, drove in the opposite lane of traffic and collided with the motorcyclist who was patiently waiting at a red light on his stopped Harley Davidson; a Tinley Park woman who was involved in a serious accident in Joliet while she was riding on the back of a Harley Davidson; and a matter involving a St. Charles resident, who nearly required a leg amputation, after a vehicle hit him.

Continue reading "BEWARE OF POTHOLES " »

During the last few weeks of December, the First District Illinois Appellate Court decided what one trial judge called a "tragically bizarre case." As experienced Illinois personal injury attorneys, we read new court rulings on a regular basis. The "tragically bizarre case" was Zokhrabov v. Park, 2011 Ill. App. LEXIS 1298 (1st Dist. 2011). There, eighteen year-old Hiroyuki Joho was killed when an Amtrak train struck him while he was in a crosswalk at a Chicago Metra Station. A large portion of Joho's body "was propelled about 100 feet onto the southbound platform where it struck 58-year-old Gayane Zokhrabov from behind, knocking her to the ground. She sustained a shoulder injury, a leg fracture, and a wrist fracture." 2011 Ill. App. LEXIS 1298, *2. Zokhrabov sued Joho's estate for her injuries. The parties filed cross motions for summary judgment as to the proximate cause of the incident. Zokhrabov claimed Joho owed her a duty while walking in and around the Metra station and that he breached that duty when he: "(a) carelessly and negligently failed to keep a proper lookout for approaching trains; (b) carelessly and negligently ran in the path of an approaching [Amtrak] train; or (c) carelessly and negligently failed to yield the right-of-way to approaching trains." Id. Park, on behalf of Joho's estate, argued Joho did not owe Zokhrabov a duty of care. The trial court ruled in favor of Park. Zokhrabov appealed.

The First District Illinois Appellate Court, applying a traditional analysis of duty, reversed and remanded, finding Zokhrabov was a foreseeable plaintiff and that as a result, Joho owed her a duty. What does that mean? When determining whether a duty of care exists in a particular set of circumstances, Illinois courts will consider, among other factors, the reasonable foreseeability that the defendant's conduct may injure another. Other factors that courts consider are the reasonable likelihood of an injury, the magnitude of the burden imposed by guarding against the harm, and the consequences of placing the burden on the defendant. Id. at *10.

In the Zokhrabov case, the First District Appellate Court decided that it was reasonably foreseeable that a train would strike, kill and fling Joho's body onto the passenger platform where Zokhrabov was waiting for her train to arrive. The Court further found that Joho acted negligently by crossing the tracks when he did and that his negligence could cause someone else's injury. The reasonable likelihood of causing an injury was great given the speed and force of the oncoming Amtrak train. The magnitude of the burden imposed by guarding against the harm was insignificant; Joho only needed to take a moment to pause, look at the tracks and cross when it was safe. Finally, placing this burden on Joho would have been minimal. Id. at 22.

What about the fact that the trial judge called the accident "tragically bizarre"? That doesn't sound like something that can be considered "foreseeable," does it? The First District Appellate court had an answer: There is a general proposition that there is no duty to anticipate and prevent injuries that occur due to unusual and extraordinary circumstances. See, Cunis v. Brennan, 56 Ill. 2d 372 (1974). However, the Appellate Court did not find that proposition persuasive in this case. Since there are no Illinois cases factually similar to the Zokhrabov case, the Court relied on traditional duty analysis and found that the injury was foreseeable, thereby creating a duty of care.

Continue reading "FIRST DISTRICT APPELLATE COURT DECIDED WHAT TRIAL JUDGE CALLED A "TRAGICALLY BIZARRE CASE"" »

The Illinois auto and truck accident attorneys at the Law Offices of Jeffrey J. Kroll are pleased that it is now official: interstate truck and bus drivers are prohibited from using handheld cell phones while driving. The rule was a joint action promulgated by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). The law also marks another step in the right direction for the U.S. Department of Transportation in its fight to end distracted driving.

Under the law, interstate truck or bus drivers that violate the rule may be fined up to $2,750 for each offense. Additionally, states have the authority to suspend a driver's commercial license after a driver accumulates two or more serious traffic violations. What about truck and bus companies? They may also face fines up to $11,000 for permitting their drivers to use handheld cell phones while driving.

In a FMCSA press release, Transportation Secretary Ray LaHood recently said, "When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly…. I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel." The bus and truck accident attorneys at the Law Offices of Jeffrey J. Kroll continue to applaud the efforts of the FMCSA in this area.

According to the FMCSA, "[c]ommercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event. Dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event." The National Highway Traffic Safety Administration (NHTSA) reports that close "5474 people died and half a million were injured in crashes involving a distracted driver in 2009." FMCSA rules already prohibit commercial truck and bus drivers from sending text messages while driving. PHMSA also banned texting by drivers carrying hazard materials intrastate.

What is the difference between the terms interstate and intrastate? The term "interstate" commerce means trade, traffic, or transportation in the United States: (1) between a place in a State and a place outside of such State (including a place outside of the United States); (2) between two places in a State through another State or a place outside of the United States; or (3) between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States. See 49 CFR 390.5. The term "intrastate," on the other hand, means any trade, traffic, or transportation in any State which does not fall under the definition of "interstate commerce."

Continue reading "FEDERAL CELL PHONE RESTRICTIONS FOR INTERSTATE TRUCK AND BUS DRIVERS IN FULL EFFECT " »

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" »

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" »

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."

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 " »

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" »

The chronic pain and traumatic brain injury attorneys at the Law Offices of Jeffrey J. Kroll recently read an interesting article in the Wall Street Journal entitled, Rewiring the Brain to Ease Pain, which explains how brain imagining technologies are helping scientists to learn more about "how the brain processes pain."

Everyone experiences and perceives pain in different way -- hence the phrases "my tolerance for pain is high" or "my tolerance for pain is low." According to the Wall Street Journal's article, many factors come into play, including "heredity, stress, anxiety, fear, depression, previous experience and general health." Motivation to overcome pain is also a factor to consider.

In an effort to better understand where pain comes from, researchers are now studying how the brain reacts to pain in various ways in hopes of developing alternatives to the highly relied-upon and perhaps overly-prescribed pain medications. The article discusses a study at Stanford University's Neuroscience and Pain Lab, where "subjects can watch their own brains react to pain in real-time and learn to control their response—much like building up a muscle." When distracted away from the pain, subjects' brains showed "more activity in the higher-thinking parts of their brains." In the alternative, when focusing on the pain specifically, subjects "had more activity in the deep brain structures that process emotion." These studies are exciting because they show how researchers are beginning to understand the processes of the brain more intricately. Many researchers believe that drug therapy is not the only answer for treating chronic pain.

"Some 116 million American adults—one-third of the population—struggle with chronic pain, and many are inadequately treated, according to a report by the Institute of Medicine in July." Brain "scans show that chronic pain (defined as pain that lasts at least 12 weeks or a long time after the injury has healed) represents a malfunction in the brain's pain processing systems. The pain signals take detours into areas of the brain involved with emotion, attention and perception of danger and can cause gray matter to atrophy." Rewiring the Brain to Ease Pain.

Research discussed in the Wall Street Journal article explores cognitive behavioral therapy, mediation, tai chi, and hypnosis to help focus patients away from thinking about pain and developing a negative outlook. Instead, these techniques and therapies focus on positive behaviors.

Continue reading "WHERE DOES THE PAIN COME FROM?" »

Here is something that probably would not cross your mind: metropolitan areas that have seen the largest drop in employment also have the largest drop in traffic-related fatalities. According to the National Highway Traffic Safety Administration (NHTSA), there were 37,261 people killed in motor vehicle crashes in 2008, which is the lowest number recorded since 1961. Why? NHTSA explored reasons in its 2010 study, An Analysis of the Significant Decline in Motor Vehicle Traffic Fatalities in 2008, crediting the recession for the drop in deaths. Data from the study indicated that previous drops in fatalities also occurred during times of recession.

In 2008, our Chicago Accident and Injury Lawyer blog discussed this very topic: how the troubled economy affects the number of traffic accidents in an area. Intuitively it makes sense, we suppose. When fewer people have jobs, fewer people are commuting. This may be the one bright spot in an otherwise dim economic period. Coincidentally, the demographic that saw one of the largest drops in fatality was that of young drivers of passenger vehicles, 16- to 24-years old. The study reasoned that since the "current unemployment rate among 16- to 24-year-olds is at a rate far greater (about twice) than the national average," the individuals in this age group are less likely to own and maintain a motor vehicle. Additionally, the age group enjoyed a reduced exposure to risk due to the decreased need to travel to a place of employment. With less money, 16- to 24-year olds also have fewer opportunities to travel in vehicles in search of leisure activities.

Recently, U.S. Transportation Secretary Ray LaHood announced that the 2010 traffic fatality statistics continued to decrease, falling three percent between 2009 and 2010. This time, however, there was a reported increase in road travel, with nearly 21 billion miles travelled by vehicles nationwide. NHTSA conducted a regional breakdown, with greatest drop in fatalities recorded in the Pacific Northwest states of Washington, Oregon, Idaho, Montana and Alaska.

Secretary 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 "DECREASE IN OVERALL NUMBER OF CRASHES LINKED TO UNEMPLOYMENT" »

Many drivers appreciate the fact that their vehicle requires time and distance to make a safe stop. However, some fail to gauge time and distance properly, tailgating other vehicles too closely, and causing rear-end car and truck accidents. As Chicago car accident and injury attorneys, we have seen the devastating result of cars and trucks that collide with another vehicle from the rear.

Following vehicles too closely, or tailgating, is the cause of most rear-end collisions, according to the Illinois Secretary of State. As a result, most motorists could probably stand to be reminded of the three-second rule.

The three-second rule works like this: Using caution while driving, choose a fixed object up ahead of you on the road. When the vehicle in front of you passes the object, begin counting "one-thousand-one, one-thousand-two," and so on. If you count to "one-thousand-three" before your vehicle passes your chosen object, you are following too closely. Of course, this only applies when you are traveling a well-paved road in good weather conditions. If weather and road conditions are bad, widen the gap between you and the vehicle in front of you. Be prepared to expect the unexpected. Also, as you increase your speed, it is a good idea to increase the distance between you and the vehicle in front of you.

The Illinois Secretary of State provides some guidance on how you should adjust speed to match the flow of traffic. For example, if you are traveling 25 miles per hour, your vehicle will cover approximately 37 feet in 1 second. A vehicle following the three-second rule will maintain a distance of 111 feet from the car in front of it. If you are driving faster, say at 55 miles per hour, your vehicle will travel 81 feet per second. Per the three-second rule, you should stay 243 feet behind the driver in front of you. In other words, 4/5ths of length of a football field.

Rear-impact car accidents can cause very serious personal injuries, including severe neck, back or spinal cord injuries and even wrongful death. People involved in rear-end car crashes are typically subjected to a great amount of force, which may result in severe injuries.

Often, the at fault driver in a rear-impact car accident will argue that he did not anticipate that the driver in front of him would stop so suddenly. However, Illinois drivers have a duty to anticipate sudden stops. Ferguson v. Zeman, 109 Ill.App.2d 417 (1st Dist. 1969) (finding the trial court improperly directed a verdict for the defendants where the evidence showed that defendants were negligently following too closely).

Continue reading "CHICAGO CAR ACCIDENT ATTORNEY: WHAT IS CONSIDERED A SAFE STOPPING DISTANCE?" »

Many drivers appreciate the fact that their vehicle requires time and distance to make a safe stop. However, some fail to gauge time and distance properly, tailgating other vehicles too closely, and causing rear-end car and truck accidents. As Chicago car accident and injury attorneys, we have seen the devastating result of cars and trucks that collide with another vehicle from the rear.

Following vehicles too closely, or tailgating, is the cause of most rear-end collisions, according to the Illinois Secretary of State. As a result, most motorists could probably stand to be reminded of the three-second rule.

The three-second rule works like this: Using caution while driving, choose a fixed object up ahead of you on the road. When the vehicle in front of you passes the object, begin counting "one-thousand-one, one-thousand-two," and so on. If you count to "one-thousand-three" before your vehicle passes your chosen object, you are following too closely. Of course, this only applies when you are traveling a well-paved road in good weather conditions. If weather and road conditions are bad, widen the gap between you and the vehicle in front of you. Be prepared to expect the unexpected. Also, as you increase your speed, it is a good idea to increase the distance between you and the vehicle in front of you.

The Illinois Secretary of State provides some guidance on how you should adjust speed to match the flow of traffic. For example, if you are traveling 25 miles per hour, your vehicle will cover approximately 37 feet in 1 second. A vehicle following the three-second rule will maintain a distance of 111 feet from the car in front of it. If you are driving faster, say at 55 miles per hour, your vehicle will travel 81 feet per second. Per the three-second rule, you should stay 243 feet behind the driver in front of you. In other words, 4/5ths of length of a football field.

Rear-impact car accidents can cause very serious personal injuries, including severe neck, back or spinal cord injuries and even wrongful death. People involved in rear-end car crashes are typically subjected to a great amount of force, which may result in severe injuries.

Often, the at fault driver in a rear-impact car accident will argue that he did not anticipate that the driver in front of him would stop so suddenly. However, Illinois drivers have a duty to anticipate sudden stops. Ferguson v. Zeman, 109 Ill.App.2d 417 (1st Dist. 1969) (finding the trial court improperly directed a verdict for the defendants where the evidence showed that defendants were negligently following too closely).

Continue reading "CHICAGO CAR ACCIDENT ATTORNEY: WHAT IS CONSIDERED A SAFE STOPPING DISTANCE?" »

As Chicago automobile accident and injury attorneys, we were interested to read about the recent AAA study that compared the cost of national motor vehicle crashes with the cost of traffic congestion. As Chicagoans, we are accustomed to dealing with traffic congestion on a daily basis. As automobile crash and injury attorneys we have served numerous victims of vehicle collisions. Despite what commuters may say about the costs associated with Chicagoland traffic, the costs of crashes present a larger financial cost to society. In fact, the AAA study as reported by the Chicago Tribune found that "crashes cost the greater Chicago area $11.3 billion a year, representing a bigger economic threat to the region's sustainability than traffic congestion."

AAA endeavored to show commuters that congestion, which most us understand and live through on a daily basis, poses far less of a financial burden on commuters than car crashes, even if the driver is not personally involved in a crash. However, for those of us in the Chicagoland area, the costs are not too far apart. For example, the $9.5 billion annual price tag attributed to congestion amounts to $1,112 per person, while the $11.3 billion cost of car crashes comes to $1,180 per person. The AAA study entitled, Crashes vs. Congestion – What’s the Cost to Society?, found overall car crashes cost U.S. motorists nearly $300 billion each year. The study also found that over 5.5 million police reported motor vehicle crashes result in more than 30,000 fatalities and two million injuries among motorists in the United States, with motor vehicle crashes leading the cause of death among those ages 5-34. Crashes v. Congestion, pp. ES-1, 1.

What does the study recommend for improving road safety and reducing traffic fatalities and injuries? Here a few of their recommendations: (1) make safety a national priority; (2) increase investment in proven safety countermeasures; (3) pass good laws and enforce them; (4) make zero fatalities a national goal; (5) increase funding for testing and the evaluation of safety interventions.

While governmental agencies and law makers take steps to make our roads safer, every motorist must practice safe driving techniques. One area of concern during the autumn season is an increase in deer and car collisions. The recent, devastating news of the Chicago family killed on the Indiana Toll Road when a deer collided with their minivan is one sad example. Every fall, deer mating season in the United States runs from October to December. This time of year can be dangerous for drivers because male deer begin straying from their homes to find potential mates. This seasonal wandering instinct causes deer to cross paths with humans more frequently, causing more car crashes. According to the National Highway Traffic Safety Administration, about 1 million car accidents occur each year when deer collide with cars. Approximately 200 Americans are killed in crashes with deer, which also cause more than 10,000 personal injuries, and result in approximately $1 billion in vehicle damage.

Continue reading "CHICAGO CAR CRASH ATTORNEY ON THE COST OF VEHICLE CRASHES" »

The personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll just reviewed a new study released by the national consumer rights organization, the Center for Justice & Democracy, which found that news coverage of civil jury verdicts fails to provide an accurate picture of the civil justice system and that certain new media trends are making the situation even worse. As Chicago personal injury attorneys with over twenty years of experience handling high-profile cases, we were not surprised by these findings. We know that the American public rarely is exposed to the whole picture when it comes to lawsuits since large companies often employ large marketing and advertising agencies to spin the facts of lawsuits in their favor and against the innocent victims. The documentary "Hot Coffee" did an excellent job exposing the truth when it comes to the civil justice system and settlements and verdicts against companies, organizations, and/or doctors and hospitals.

The Center for Justice & Democracy's new study entitled Headline Blues: Civil Justice In The Age Of New Media, takes another look at the problems that media pose to the civil justice system, following up on its 2001 study, Reading Between the Headlines: The Media and Jury Verdicts, which "found the media’s coverage of verdicts to be deeply skewed, fueling common misperceptions that civil juries routinely award plaintiffs eye-popping verdicts for frivolous claims." While the new Headline Blues' study found the same to be true, it highlights new media trends that further distort reporting.

As one could imagine, the way that we obtain news on a daily basis has drastically changed since 2001. While traditional media sources, such as television and newspapers, have not been completely replaced, new outlets such as online newspapers, social media sites such as Facebook and Twitter, and even Google News, often draw in readers with a very limited description of a case and sometimes merely a headline, which may not accurately report a news story.

The researchers of the Headlines Blues' study searched Google News and the Top 25 blogs at Technorati blog for civil jury verdicts and settlements between May 1, 2011 and July 20, 2011. They selected articles reporting civil jury verdicts and settlements in cases involving physical injuries, examining several aspects of each article. The study found that 39 percent of the articles reporting a "plaintiff win" mentioned only the monetary amount of the award and the type of case in the headline, "but nothing about the defendant’s misconduct. Another 14.5 percent mentioned only the monetary award, excluding any information about the type of case or injury." As a plaintiff's personal injury attorney, I know that there can be a connection between the defendant's conduct and the amount of the verdict.

Our personal injury attorneys found this example from the study quite telling:

Headline: Woman wins $3.25 million in verdict [Mill Valley Herald, June 22, 2011]. The full article revealed:

"A Mill Valley woman who suffered severe chemical burns after a Lake Tahoe casino mistakenly served her a caustic cleaning solution in a water bottle has been awarded $3.25 million in damages by a San Francisco Superior Court jury, according to her attorney. "Julia Ellis received the award for medical bills and pain and suffering in a civil verdict delivered June 13, attorney Christopher B. Dolan said in a statement.

"Ellis was staying at Harvey’s Lake Tahoe on Dec. 2, 2007, when she asked a bartender for a bottle of water. Ellis was given a Harrah’s-branded bottle of water, took a large drink, and immediately began screaming in pain, Dolan said. She was taken to the hospital, where it was determined that the bottle contained a caustic cleaning solution.

"It was later determined that an employee had poured the solution from its larger storage container into an empty, unmarked water bottle and left it in the kitchen, where it was then inadvertently served to Ellis, Dolan said."

The study further found that for every story reporting a defense win, where a plaintiff received no award, there were six other stories reporting plaintiffs' wins, giving the skewed impression that plaintiffs win much more often than defendants. In fact, plaintiffs "prevail in only 51.3 of tort cases before juries, and 56.2 percent of the time before judges." Headline Blues, pp. 5-6.

The study recognizes that news outlets are pressured to produce news at a vastly accelerating pace; however, it also recognizes that the public and the civil justice system in general suffer as a result. Jeffrey J. Kroll has lectured for the Illinois Institute of Continuing Legal Education on the topic of managing the media in high profile cases, including how to deal with pretrial publicity.

Continue reading "MEDIA'S SKEWED COVERAGE OF THE CIVIL JUSTICE SYSTEM" »

Many of the personal injury clients that we serve at the Law Offices of Jeffrey J. Kroll must undergo MRIs prescribed by their doctors after becoming injured as a result of another person's negligence. An MRI, or magnetic resonance imaging, is a radiological technique that doctors use to see inside the body. MRIs are a common, diagnostic test, and typically make it easier for doctors to distinguish problematic tissues from normal tissues. MRIs differ from x-rays and CT scans by using magnetic fields opposed to radiation, which make x-rays and CT scans possible. MRIs are thought to be reasonably safe; however, as one recent CNN article pointed out, "if mistakes are made, they can hurt or even kill you."

CNN reported four main ways MRIs can go wrong:

(1) Projectiles: MRI machines contain powerful magnets that can attract other metal objects. Serious, injury-causing problems can occur if a patient is being scanned when a metal object collides with the MRI machine. CNN reported a New York child who "was killed in 2001 when the MRI machine sucked an oxygen canister into the machine where he was being scanned." Projectiles can be prevented if the MRI technicians follow proper policies and procedures.

(2) Burns: The RF transmitters in MRI can produce intense heat. Problems occur if a patient accidentally touches the walls of the MRI tunnel or is not checked properly for electrical conductors that can pick up concentrated RF frequencies. MRI technicians should make sure there is enough material between the patient and the wall to prevent burning.

(3) Hearing loss: If you have ever had an MRI, you know that the machines make a lot of noise. One CNN interviewee compared the MRI noise level to the level of noise exposure near a jet aircraft. Repeated MRIs raise the risk for hearing loss. Hearing loss can easily be prevented by providing patients with earplugs or earphones.

(4) Implants and medical devices: The magnetic fields in MRIs can move or damage metal devices implanted in a person's body, such as aneurysm clips and pacemakers. Although most current medical devices are MRI-safe, anyone undergoing an MRI should advise the MRI technician of the presence of a medical device before undergoing the scan.

To ensure your safety before undergoing an MRI, make sure you thoroughly complete MRI questionnaires or screening forms presented to you by the MRI facility. Review the answers with the MRI technician. You must also remove all metal from your body before an MRI. Any metal, such as a medical device or bullet, etc., which cannot be removed, must be discussed with a technician and a doctor. Be sure that you are provided ear protection that fits you properly. Notify the technician if you notice any open doors, loose wires or metallic objects that could be attracted to the magnetic field of the MRI machine. Avoid contact with the inside of the MRI machine's walls.

The Chicago personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll are dedicated to serving injured individuals and their families in personal injury and wrongful death actions. For over twenty years, Jeffrey J. Kroll has assisted injured clients in Illinois and throughout the United States. Our personal injury and wrongful death attorneys have achieved many multimillion dollar verdicts and settlements in a wide variety of practice areas including trucking accidents, auto crashes, medical malpractice, workplace injuries, train accidents, barge accidents and bus and taxi cab collisions.

Continue reading "WHAT TO KNOW BEFORE YOUR MRI" »

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 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 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" »

Our Chicago personal injury attorneys recently read a Chicago Tribune investigative piece reporting that Chicago area courts drop most cases against frequently ticketed taxi drivers. Sadly, one tragic account found that in a three and a half year period, police stopped one cab driver 22 times, issued him 34 tickets, all before he crashed his taxi into a pedestrian. The worst part, "almost all of the tickets were wiped from his driving record…." This is scary news, especially since we have seen two recent pedestrian deaths involving taxi drivers in Chicago.

Research has shown that taxicabs are involved in 28 percent of pedestrian crashes downtown, that's more than one of every four pedestrian crashes. See City of Chicago, 2011 Pedestrian Crash Analysis. If taxicab drivers continue to receive special treatment, motorists and pedestrians will remain at a higher risk. Taxicab drivers should be held accountable for unlawful and careless driving if Chicago streets are going to be safe for residents and visitors.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll have experience suing negligent taxicab drivers and their companies, and have secured millions of dollars in verdicts and settlements for our clients. In fact, Jeff Kroll obtained a $5.25 million dollar settlement for a Lake County woman, who was injured by a Yellow Cab taxi driver when the driver 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. Last year, Jeff Kroll was interviewed by the Chicago Sun-Times regarding the insufficiency of most taxicab insurance limits.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON CHICAGO TAXICABS" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll read an interesting article in the Chicago Tribune, reporting a study which found that people with a certain genetic make-up "displayed PTSD symptoms more frequently...." The researchers studied students from Northern Illinois University (NIU), in DeKalb, Illinois, who were studying at NIU on Valentine's Day in 2008, when a gunman tragically killed five people before turning the gun on himself.

Students with certain genetic frameworks (related to serotonin levels, which affects mood and mental function) exhibited PTSD-like symptoms, such as anxiety and nightmares, more frequently than others. Among the 204 individuals studied, "about 50 carried a variation in a gene commonly targeted by anti-depressants." Of those individuals with the variation, fifty-two percent reported experiencing PTSD-related symptoms after the day of the shooting.

Continue reading "GENETIC LINK TO PTSD FOUND" »

Chicago personal injury attorneys, Jeffrey Kroll and J. Patrick White obtained a jury verdict for a former Vietnam veteran who was struck by a firetruck in an alley near 74th and Evans on Chicago's South Side. The truck was traveling 5 to 7 MPH and had its lights on responding to a rubbish fire. The 12-person jury awarded money damages to our client for his fractured right wrist and found the Chicago Fire Department wilful and wanton in their conduct, after 4 hours of jury deliberations.

As Chicago injury lawyers, we are interested in roadway safety. Advocates for Highway and Auto Safety recently reported that the Democrat leaders of the Senate Committee on Commerce, Science and Transportation have introduced legislation to improve vehicle safety, traffic laws and the availability of consumer information. The new safety provisions, which will be incorporated into the Motor Vehicle and Highway Safety Improvement Act of 2011, have been named Mariah’s Law after an Arkansas teenager who was killed in a crash involving texting. The law addresses issues related to teenage driver licensing, improved motor vehicle safety standards, distracted and impaired driving, child passenger safety, and safety defect and consumer information reforms.

"Motor vehicle crashes are the leading cause of death for all Americans ages 5 to 34. And the
annual highway death toll costs our nation over $230 billion a year,” stated Advocates for Highway and Auto Safety's vice president Jacqueline Gillan. The proposed bill includes a $22 million grant program to provide incentive for states to adopt driving laws specifically addressed to teen drivers. To qualify for funds, states must institute laws restricting the number of teen passengers in vehicles driven by new drivers, a ban on cell phone use while driving and nighttime driving restrictions.

The bill also directs the National Highway Transportation Safety Administration to ensure the reliability and performance of electronic systems that operate and control vehicle safety systems. The need for such scrutiny became apparent last year after the rash of accidents involving unintended acceleration in numerous Toyotas.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY DISCUSSES MAKING HIGHWAYS SAFER" »

I don't know about you, but whenever I see someone texting while driving, I get upset. With all of the information available, as well as the laws specifically prohibiting texting while driving, I am quite often aghast to find that the person driving next to me (sometimes on the highway) is texting while driving. Sadly, it is truly a motor vehicle accident waiting to happen. As Chicago personal injury attorneys, we recently read a report by Governors Highway Safety Association, entitled Distracted Driving: What Research Shows and What States Can Do. The report summarizes research, available since January 2011, regarding distractions produced by cell phones, text messaging, eating and drinking, personal grooming, reading, talking to other passengers, and even daydreaming.

Distracted driving occurs anytime the drivers' attention is diverted from the road. In fact, it is so common that the research showed drivers were distracted up to 50% of the time. When it came to crashes, at least one of the drivers involved was found to be distracted 15-30% of the time. In 2009, NHTSA estimated that "16% of fatal crashes and 20% of injury crashes … involved at least one distracted driver."

One of the most frightening sites on the road is a semi-truck or tractor-trailer driver texting while operating a large truck. Distracted truck drivers are more likely to cause accidents that can lead to catastrophic personal injuries. The results of the now often-cited study conducted by Virginia Tech Transportation Institute will serve as a reminder: truckers who text while driving are 23 times more likely to crash or get into a near-wreck than an undistracted drive. Consider the size and weight of semi trucks and trailers compared to other vehicles. It is no wonder that a collision with a semi can cause serious and fatal injuries to any involved.

Continue reading "CRASHES CAUSED BY DISTRACTED DRIVING 15-30% OF THE TIME" »

The August 2011 issue of Pediatrics features a study entitled "Grandparents Driving Grandchildren: An Evaluation of Child Passenger Safety and Injuries." The researchers began the study with a simple hypothesis: children driven by grandparents are subjected to a higher risk of injury. In fact, they found the opposite to be true.

After examining five years worth of crash data, including over 200,000 children, researchers determined that children involved in grandparent-driven crashes had half the risk of injuries as those in parent-driven crashes. While the study suggests that grandparents may drive more cautiously when they have grandchildren on board, grandparents were not perfect. Older grandparents tended not to utilize proper child restraints. As a result, children’s safety could be further enhanced if grandparents followed current child restraint guidelines.

Common sense supports this study; however, many parents will probably beg to differ. Think about it. The responsibilities of parents and grandparents often vary greatly. Parents -- who drive their children around hundreds of times more than most grandparents -- may rush to get children to school, a sporting event, a class, or the grocery store, and can become absorbed in the routine nature of the task. Grandparents, on the other hand, especially those that do not see the grandchild every day, will tend to take their time and pay attention to their surroundings.

Continue reading "CHILDREN SAFER DRIVING WITH GRANDMA AND GRANDPA?" »

In the aftermath of a deadly bus accident in North Carolina early last week, which killed a former North Carolina State college basketball player, USA TODAY has reported that "the number of fatal bus accidents… is much higher than the government reports...." In fact, USA TODAY found "[s]ome of the most disastrous motor coach accidents of the past decade — including a widely publicized crash in Tallulah, La., that killed eight people in 2003 — aren't included in statistics of fatalities from the National Highway Traffic Safety Administration (NHTSA), the government agency responsible for tracking accidents."

Why would NHTSA underreport crashes and fatalities? For a number of reasons, but mostly to maintain the impression that buses are safe in an effort to keep bus safety regulations at a minimum. In reality, the NHTSA data studied by USA TODAY revealed that motor coach crashes and fatalities have increased in recent years.

If you were injured as a result of the negligent action of a bus driver or bus company, you may be able to file a transportation negligence lawsuit. Family members of deceased victims of bus accidents also may be able to file a wrongful death claim. It is important to be aware of the statute of limitations for filing a claim for the injuries sustained as a result of a bus accident.

Continue reading "THE TRUTH ABOUT BUS AND MOTOR COACH SAFETY" »

Lawmakers were busy this week. On Monday, June 27, 2011, Illinois Governor Quinn signed a law that will require backseat passengers to wear seatbelts. Police officers will have the authority to stop vehicles if they notice a passenger isn't wearing his or her seatbelt in the back seat. A fine, starting at $25.00, may be issued.

There are a few exemptions for individuals riding in taxi cabs, police cars and ambulances.
Governor Quinn also signed a law making 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.

Illinois has strong seat belt laws, requiring drivers, front seat passengers and anyone under the age of 19 to wear safety belts. With the 4th of July upon us next week, it is imperative that everyone on the road take safety precautions to prevent car accidents and wear their seatbelts at all times. Parents of teen drivers should set strict driving rules and enforce them. Teen drivers must be reminded to wear their seat belts at all times and in the proper manner. Wearing a seat belt incorrectly can cause serious injury or death in the event of a crash.

Continue reading "BACKSEAT PASSENGERS MUST WEAR SEATBELTS IN ILLINOIS" »

A taxi driver that "veered widly" on East Illinois Street, in Chicago, Illinois, struck and killed an innocent pedestrian just before 9 a.m., on Monday, June 27, reported the Chicago Tribune.

According to the Tribune, the taxi driver, who after the incident was reported to be in fair condition at Northwestern Memorial Hospital, was ticketed for driving too fast for road conditions and striking a pedestrian. The taxi driver's passenger suffered a broken leg and other unreported injuries.

This incident marks "the second time in two months that a pedestrian has been struck by a vehicle and killed near the busy intersection just east of Michigan Avenue." What's scary is that since 1998, the taxi cab driver had been convicted of numerous traffic violations and had been issued close to 30 traffic tickets for a number of violations.

The attorneys at the Law Offices of Jeffrey J. Kroll have experience suing negligent taxi cab drivers, and have secured millions of dollars in verdicts and settlements for their clients. In fact, 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.

Last year, Jeff Kroll was interviewed by the Chicago Sun-Times regarding the insufficiency of most taxi cab insurance limits.

Continue reading "TAXI DRIVER KILLS CHICAGO PEDESTRIAN" »

The Chicago Tribune reported that the Illinois legislature has voted to keep summer construction going at full speed despite Governor Quinn's threat to discontinue construction projects for political reasons. "Under the measure, millions of dollars in road, school and sewer projects will continue as planned", the Tribune reported.

It is of the utmost importance to drive slowly in construction zones. Construction zones pose serious dangers to construction workers and motorists. They are particularly dangerous for workers due to the risks created by distracted and speeding motorists and commercial truck drivers.

Commercial truck drivers who become distracted by engaging in text messaging, emailing or phone conversations present a particularly dangerous risk to construction workers. According to the Federal Motor Carrier Safety Association (FMCSA), in 2009, over 3,000 individuals were killed in accidents involving large trucks and buses. Many of these death occurred as a result of commercial truck driver fatigue.

Anyone injured by a motorist or truck driver -- either while driving or as a pedestrian -- and/or the family members of anyone killed in an accident may sue the negligent driver for damages, including pain and suffering, medical costs, loss of income, disability and disfigurement. As with all personal injury claims, it is important to know that there are statutory time limits for filing an accident-related lawsuit. Contact a knowledgeable personal injury attorney immediately to become more informed of your rights.

Continue reading "SUMMER CONSTRUCTION ON ILLINOIS ROADS" »

This week, Chicago began its work on the Chicago Pedestrian Plan, what is touted to be the city's "first-ever comprehensive pedestrian plan." According to Jon Hilkevitch's Pedestrian Plan: City strives to be more pedestrian-friendly city, the Plan's

[p]ossibilities include pedestrian countdown timers at crosswalks that are becoming more prevalent citywide; curb bump-outs that improve safety by shortening the distance of crosswalks; and median islands that provide a safe place for pedestrians who find themselves in the middle of a crossing when traffic signals change.

"More than 3,000 vehicle crashes involving pedestrians — causing 34 pedestrian deaths — occurred in 2009 in Chicago, the most recent year data are available," wrote Hilkevitch. Chicago has a proportionally higher percentage of pedestrian fatalities due to hit-and-runs. (40 percent locally in contrast to 20 percent nationally).

Chicago is a vibrant city of approximately 2.7 million residents. It makes sense that pedestrians, like bicyclists, are likely to become severely injured if hit by a motorist. It is encouraging that the City of Chicago recognizes that pedestrian walkways need to be re-designed for their safety.

Continue reading "CAN CHICAGO REALLY BECOME A MORE "PEDESTRIAN-FRIENDLY CITY"? " »

The U.S. Consumer Product Safety Commission (CPSC) and Health Canada have recalled over 33,000 Bell Sports bicycle helmets, due to a defective chin strap that could cause the helmet to come off in the event of a fall or crash. According to CPSC, Bell Sports, of Scotts Valley, California, has received at least "one report of a buckle failing during an accident, resulting in an injury that required stitches below the wearer's eye."

The CPSC recall specifically targets the Bell Exodus full-face helmets with a plastic buckle on the chinstrap. The affected models have angled visors, were sold in youth sizes, and include Part/Model Numbers 1003825/035011898025, which were sold in orange/grey/black, and 1006714/035011917719, which were sold in blue/grey/gold/white/black.

Between August 2009 and March 2011, the helmets were available in Walmart stores nationwide and Amazon.com, costing between $50 and $60.

Bicyclists who fail to wear helmets are more likely to suffer head and neck injuries, including traumatic brain injuries, if they become involved in a collision with an automobile, bus or truck. Such injuries can cause lifelong pain, disability and even death.

The CPSC recommends that consumers stop using the helmets immediately and contact Bell Sports for a replacement or refund.

Continue reading "BICYCLE HELMETS RECALLED DUE TO REPORTED HEAD INJURY HAZARD" »

This time of year, graduation parties monopolize the social calendars of practically every Illinois teenager. Over the past two weeks, this blog has discussed various legal issues surrounding underage drinking in Illinois.

This discussion would not be complete without a look at The Drug or Alcohol Impaired Minor Responsibility Act, 740 ILCS 58/5 (2004), which imposes civil liability against “any person at least 18 years of age who willfully supplies alcoholic liquor or illegal drugs to a person under 18 years of age", impairing the minor, and causing injury or death. Specifically, the Act provides a cause of action for victims and/or their family members against anyone:

(i) who, by willfully selling, giving, or delivering alcoholic liquor or illegal drugs, causes or contributes to the impairment of the person under the age of 18; or

(ii) who, by willfully permitting consumption of alcoholic liquor or illegal drugs on non-residential premises owned or controlled by the person over the age of 18, causes or contributes to the impairment of the person under the age of 18.

740 ILCS 58/5 (2011). This means that any adult, who provides alcohol or drugs to a minor, who then becomes impaired, gets into a car and causes a collision which injures or kills the minor or anyone else, can be found liable under the Act.

The damages available under the Act are comprehensive, and include:

(1) economic damages, such as the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury and any other pecuniary loss proximately caused by the impairment of the person under the age of 18;

(2) non-economic damages, such as physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other non-pecuniary losses proximately caused by the impairment of the person under the age of 18;

(3) reasonable attorneys' fees;

(4) costs of suit, including, but not limited to, reasonable expenses for expert testimony; and

(5) punitive damages, if applicable.

740 ILCS 58/10 (2011).

The Act imposes a 2-year statute of limitation, which is the time period in which a victim or the family may file suit. As with any case involving injury or death, it is critical to contact a personal injury attorney as soon as possible after suffering a catastrophic event so as not to be barred by the statute of limitations.

Continue reading "SOCIAL HOST LIABILITY AND UNDERAGE DRINKING EXPLAINED (Part 2 of 2)" »

Chicago is a vacation destination. Around every corner, visitors can find interesting and appealing attractions and historical landmarks, from the Chicago River architectural tours to the Picasso at Daley Center Plaza. As one of the largest, and most beautiful cities in American (in my opinion), it is no wonder that Chicago has become a top spot for both tourism and business. In 2009, for example, Chicago attracted 39.5 million visitors, including 28.8 million domestic leisure travelers, 9.6 million business travelers and 1.13 million overseas visitors. Chicago Office of Tourism, 2009 Statistical Information.

While tourists come to Chicago to enjoy all that our fine city has to offer, no one ever expects to be involved in a life-altering automobile collision while on vacation. Unfortunately, with the hectic state of traffic in Chicago, visitors are often involved in automobile accidents while here. In such situations, visitors must understand the complexities of Illinois law and the avenues of compensation available to them. Illinois law may differ from the visitor's home state (or country) laws. With travelers involved, collision cases often become complicated due to out-of-state or out-of-country insurance companies, which often contract under a different system of justice, especially when a tourist is struck by a bus, cab or truck.

There are many issues to consider after an automobile collision, regardless of whether the victim is a tourist or not. As a result, any individual injured in car accident should consult an experienced Chicago personal injury attorney to identify the responsible party or parties, conduct an investigation and compile evidence. Numerous factors, such as insurance issues and monetary damages, require an in-depth analysis by an attorney with knowledge of Illinois law.

Continue reading "INJURED WHILE ON VACATION IN CHICAGO?" »

At a conference discussing the human impact of road collisions, RTE News reported that “European research has found that depression, anger, anxiety attacks and suicidal feelings are more common in relatives of those disabled by road accidents than the victims themselves.” This ripple effect is not a surprising discovery since often the loved ones of those injured in car crashes have an overwhelming desire to help the injured family member, but become severely frustrated when they can do nothing to relieve the injured person’s residual pain and disability. Unfortunately, this emotional distress suffered by family members is not typically a compensable injury in Illinois.

The conference-goers also discussed another study of U.S. car crash victims “which found that two years after a collision 40% of victims had Post Traumatic Stress Disorder [PTSD] and 90% had developed driving difficulties.”

"The Psychological Impact of Litigation: Compensation Neurosis, Malingering, PTSD, Secondary Traumatization, and Other Lessons From MVAs," 55 DePaul L. Rev. 627 (2005-2006), documented the studies of the Albany Motor Vehicle Accident Project (Albany Project), which also concluded that approximately forty percent of car crash victims developed PTSD within two years after a crash. The Albany researchers set out to determine whether the predominant thinking in the 1980s -- that the diagnosis of PTSD required trauma outside the range of usual experience, like combat – was true. Id. at 617-8. Over a five-year period, the Albany Project studied 158 car crash victims to assess the psychological impact on the victims for up to two years. After performing extensive studies, the researchers successfully debunked old thoughts about the disorder, concluding that car crash victims can, and do, in fact suffer from PTSD. Id. at 619.

Continue reading "CONFERENCE EXPLORES IMPACT OF ROAD COLLISIONS ON THE INJURED, FAMILY MEMBERS" »

Medical researchers have confirmation that the late Dave Duerson’s suspicion that he suffered brain damage was correct.

This week, the Los Angeles Times ran a story regarding Duerson, the late Chicago Bears' Super Bowler, who died earlier this year from a self-inflicted gunshot wound to the chest. After a successful career on and off the playing field, Duerson began to suffer from headaches, memory loss, vision and attention problems, and impulse control. Duerson, who requested that his brain be studied at Boston University's Center for the Study of Traumatic Encephalopathy, was convinced that he suffered brain damage as a result of the many years he spent playing football. Medical researchers now say they have confirmation that Duerson was correct.

In fact, his autopsy revealed that "Duerson suffered from a neurodegenerative disease linked to concussions and other repetitive head trauma…." The Los Angeles Times article discusses the work of neurologists at Boston University and the Bedford VA Medical Center who have so far examined fifteen former players, discovering "signs of chronic traumatic encephalopathy, or CTE, in 14 of them."

What is the significance of these findings? According to the article, researchers have now "reinforced growing concerns about long-term football injuries." "[R]epetitive concussions and sub-concussive blows, other yet-to-be-determined factors — perhaps including genetic predisposition — could put individuals at risk."

The Chicago Accident and Injury Lawyer Blog has discussed the seriousness of sports-related injuries in past posts. As Chicago brain injury attorneys, we understand the long-term effects of head trauma. Contact us if you or someone you know has suffered head trauma in a sports-related incident or a motor vehicle collision.

April was a wet month… and the rain just doesn’t seem to be letting up. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll have handled many cases involving car accidents that occurred as a result of rainy conditions. Here are a few tips for avoiding collisions when the roads are wet:

(1) Drive slowly. Rushing from one place to another, changing lanes, attempting to make quick stops. When roads are wet, automobiles require more time to stop. Drivers who slow down will have more time to react to other drivers.

(2) Keep your headlights on, even during the day. Visibility is reduced on rainy days. Keeping headlights on will notify other drivers of your presence on the road.

(3) Don’t follow other vehicles too closely, especially large trucks. Avoid larger vehicles that may splash water on to your windshield and obstruct your view of the road.

(4) Stay away from flooded areas. Large puddles and flooded areas could be deceiving to drivers. Water can flood engines causing major damage to your vehicle. Also, flooded areas could be masking large pot holes or other hazards that could cause damage to your vehicle and injure passengers.

When it is necessary to drive in wet conditions that could be dangerous, it is important to drive with caution.

Continue reading "IT’S RAINING, IT’S POURING" »

This month marks the one year anniversary of Jeffrey J. Kroll's monthly column "Balancing Life and the Law," in the Chicago Daily Law Bulletin. Last April, Jeffrey kicked off the series with a look into issues that arise when proving psychological damages at trial. The article highlighted a difficult Post Traumatic Stress Disorder (PTSD) case that Jeff and his associate, Heather, took to trial last year. Their client, a victim of the July 11, 2006 CTA subway train derailment, suffered PTSD after the incident. Jeff and Heather obtained a verdict of $135,000 for their client. The verdict was featured in the "2010-2011 Illinois Jury Verdicts" magazine published by the Law Bulletin Publishing Company.

Here is an excerpt from the article:

[S]cientific research suggests that "moments of overwhelming terror can alter brain chemistry for decades." Katy Butler, Psychotherapy Networker, "The Biology of Fear" (July/Aug 1996).

Recent technological advances in the study of the human brain have contributed to the treatment of PTSD victims. A new approach, called "brain-based therapy," combines "neuroscience, developmental psychology, psychotherapy research, and complexity theory." John Arden and Lloyd Linford, Psychotherapy Networker, "The Rise and Fall of PaxMedica" (Jan/Feb 2010). In short, therapists are now treating victims of PTSD by blending new information about brain development with talk therapy.

Thus, when trying a PTSD case, it is critical to have an independent psychologist and a treating therapist testifying at trial. The experts as well as the plaintiff must explain to the jury how the development of the therapeutic relationship led to the diagnosis of PTSD and how it assists the plaintiff in coping with the disorder.

Since it is possible to suffer from PTSD for a lifetime, the costs associated with maintaining such therapeutic relationships must be explored and presented to the jury.

Jeffrey J. Kroll, Dealing with post-traumatic stress disorder, April 20, 2010.

Several years back, Jeff obtained a $2.58 million verdict in a case involving two women who were involved in a car accident on the Kennedy Expressway in Chicago. As a result of the serious collision, one of the women died and the other woman suffered from significant post-traumatic stress.

In the closing argument of Mrs. Oglesby’s trial, her attorney requested an award of $75,000 for her loss of a normal life and $85,000 for her physical pain and mental suffering. The jury returned a verdict in favor of Mrs. Oglesby's estate. In addition to amounts for medical expenses and property damage, the jury determined the damages for her pain and suffering to be $42,000 and her damages for loss of a normal life to be $34,000, The jury further found Mrs. Oglesby 40% negligent and awarded her estate a total of $47,200.20.

Defendant appealed, claiming, among other things, that the evidence did not support the jury's determination of Mrs. Oglesby’s damages. Defendant requested an order a remittitur of 50% of the damages for pain and suffering and for loss of a normal life. The First District Appellate Court disagreed, affirming the damage award and stated:

The purpose of a remittitur is to correct an excessive jury verdict in limited and appropriate circumstances.… A verdict will not be set aside by a court unless it is so excessive that it indicates that the jury was moved by passion or prejudice or unless it exceeds the necessarily flexible limits of fair and reasonable compensation or is so large that it shocks the judicial conscience.

The Court further noted that a damage award is not subject to scientific computation. 2011 Ill. App. LEXIS 274 at *16. There is no equation that juries are provided for computing damages. In Mrs. Oglesby's case, plaintiff's attorney offered the testimony of her son as well as her doctor to show that the pain and injuries caused by defendant's negligent conduct lead to Mrs. Oglesby's loss of a normal life as well as pain and suffering, which are all compensable elements of monetary damages.

Continue reading "MAXIMIZING DAMAGES IS NOT A SCIENCE, IT'S AN ART (PART 2 of 2)" »

When dealing with the monetary value attributable to a person’s injuries in a personal injury action, the amount of money awarded (what we attorneys call “damages”) is generally for the jury to determine. The First District Appellate Court reminded us of this notion recently in In re the Estate of Oglesby v. Chicago Park District, 2011 Ill. App. Lexis 274 (2011). There, Mrs. Oglesby, a 60-year-old plaintiff suffering from cancer, was injured when defendant's van flipped onto her vehicle causing her face to hit the windshield. Paramedics rushed her to the hospital; she required medication for pain, was treated by two doctors and her son was forced to move in with her to care for her after the incident. She succumbed to a cancer-related death prior to the trial of the matter.

As for her treatment for injuries related to the car accident, the Mrs. Oglesby was initially seen by a Dr. Silverman on September 25, 1998, two days after the accident. Thereafter, she had 12 additional office visits between September 26 and October 27, 1998. During that time, she was treated with hot packs and joint mobilization. The total medical charges were $1,410.

At trial, Dr. Silverman diagnosed Mrs. Oglesby with soft tissue injuries in her neck and back areas. She also sustained acute contusions to her knees and left hand, as well as an abrasion on that hand. Although she suffered trauma to the left side of her head, the neurological test was within the normal range. She sustained secondary limitation of forward and backward motion in her neck area, which intensified with activity. She suffered pain as a result of these conditions, for which Dr. Silverman prescribed pain medication, rest, a course of physical therapy, and sitz baths. He advised her to avoid strenuous activity and wear a Stryker collar. Dr. Silverman continued to see Mrs. Oglesby periodically, but when she had no more complaints relating to the accident, he released her from his care with instructions to come back as needed. Yet, this is hardly the end of the story.

This post continues at DAMAGES IS NOT A SCIENCE, IT'S AN ART (PART 2 of 2)

Can children sue their parents for injuries suffered due to a parent’s negligence? Almost 20 years ago, the Illinois Supreme Court discussed this issue at length in Cates v. Cates, 156 Ill. 2d 76 (1993). There, a four-year-old plaintiff was a passenger in an automobile driven by her noncustodial father when she was seriously injured as the result of a collision. Her mother, who was not in the car at the time of the incident, filed a lawsuit against the other driver as well as the father on the minor’s behalf. The father filed a motion for summary judgment, arguing that the parental immunity doctrine prohibited the minor’s negligence claim against him.

The Illinois Supreme Court found that the negligent operation of an automobile is not conduct inherent to the parent-child relationship since such conduct does not represent a parent’s decision-making in disciplining, supervising or caring for the child. 156 Ill. 2d at 106. This parental immunity doctrine extends to foster parents, but not corporate entities and their employees, such as residential child care facilities. See, i.e., Wallace v. Smyth, 203 Ill. 2d 441, 452 (2002). What about others who stand in the place of a parent or in loco parentis? Aren't grandparents, teachers, babysitters, daycare centers, etc., often charged with a parent's rights, duties and responsibilities for a child when the parent is absent? As is common in the law, it depends.

To broaden the scope of the parent-child immunity doctrine to include all those who act in loco parentis clearly does not serve the best interest of the child. Only the legislature may provide parental immunity to individuals who are not parents or foster parents. For example, the Illinois School Code grants educational employees, such as teachers, the same immunity enjoyed by parents. That immunity however does not extend to private day-care centers, nursery schools or kindergartens governed by the Child Care Act. Possekel v. O'Donnell, 51 Ill. App. 3d 313 (1st Dist. 1977). As for grandparents, they have a duty to protect their grandchild from harm. Ryan v. Yarbrough, 355 Ill. App. 3d 342 (2d Dist. 2005) (a grandparent is normally not deemed a person "in loco parentis"); see also, Gulledge v. Gulledge, 51 Ill. App. 3d 972 (4th Dist. 1977) (finding that grandparents and other relatives having temporary care and custody of a minor grandchild are liable to the minor for injuries sustained by the minor as a result of the grandparents' ordinary negligence). As for everyone else, Cates is clear: "where the family relationship is dissolved or where the relationship has ceased to exist with respect to conduct giving rise to the injury, the immunity will not be applied." 156 Ill. 2d at 99. Thus, the application of the parent-child immunity doctrine depends upon more than the performance of so-called parental responsibilities. 203 Ill. 2d at 451.

Continue reading "MODERN FAMILY: SUING MOM AND DAD" »

You park your car and casually fling your car door open into a bike lane. This nonchalant conduct can often cause serious, even life-threatening, injuries to an innocent bicyclist. Called "dooring," drivers and bicyclists must take steps to prevent such occurrences as Spring approaches and more and more bicyclists take to the streets.

I recently read Jon Hilkevitch's article, "Bikers call for state to count 'dooring' accidents," in this week's Chicago Tribune. It is a must read for bicyclists and motor vehicle operators. There, he addresses how dooring accidents, while potentially one of the most dangerous threats to bicyclists, are not tracked by the Illinois Department of Transportation (IDOT). This is concerning because dooring has become a serious safety threat to cyclists, with one informal study showing that "more than half the people who bike on streets have been doored at least once."

Hilkevitch further reports: "From 2005 through 2009, there was an average of more than 3,500 crashes each year between vehicles and bicyclists in Illinois, resulting in 18 to 27 cyclists killed and more than 3,300 injured annually, according to IDOT statistics."

Dooring accidents, according to the Active Transportation Alliance, are "the most prevalent threat to on-street cyclists." Perhaps the need for further legislation in this area is warranted. The Illinois legislature recently amended Section 11-703 of the vehicle code to authorize police officers to issue citations to motorists who "in a reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a bicyclist, pedestrian, or a person riding a horse or driving an animal-drawn vehicle." Depending on the severity of the injury, a person convicted under this statute could be found guilty of a Class A misdemeanor or a Class 3 felony.

The Law Offices of Jeffrey J. Kroll has seen too many dooring accidents that have caused devastating injuries. We have represented many Illinois bicyclists who have been injured by a driver’s negligence.

The American Academy of Pediatrics recently announced that "children riding in cars should remain in rear-facing child safety seats until at least their second birthday and preferably even longer," according to news reports. Typically, parents and care givers are advised to turn around child car seats after the first birthday or when the child reaches 20 pounds.

The American Academy of Pediatrics issued a number of additional recommendations, including prolonging the use of seats with a five-point safety harness, which buckle between the legs, as long as possible, and delaying the use of booster seats. Children should continue to use booster seats until they are 4 feet 9 inches tall, and should remain in the backseat until age 13.

This new research shows that children under 2 are "75 percent less likely to die or be severely injured in a crash if they are in a rear-facing child restraint." Parents and caregivers should not be so quick to transition children from rear-facing seats to forward-facing seats to booster seats. Children lose protection at every stage.

The federal government is expected to issue updated child seat guidance based on the Academy of Pediatrics study.

Ridiculously dangerous, but not shocking. In a new study by State Farm, 19 percent of drivers confessed that they have searched the Internet while driving. The study also revealed that 35 percent of drivers have sent or received text messages while driving, and about 74 percent of drivers talk on the phone while driving.

Like I said, I am not necessarily shocked by these numbers. Cellular telephones and smart phones have become an extension of our hands, some say even our brains. It is frustrating to think about how many find it difficult to resist the impulse to check an incoming email or Facebook postings while driving. It seems no matter how hard Ray LaHood, the U.S. Department of Transportation, and even Oprah attempt to discourage drivers from falling victim to the distraction of texting, emailing, and searching the web while driving, people cannot appreciation the true danger that these actions pose to themselves and others. Wake up! Get your eyes on the road and take your hands off the phone!

The Chicago Sun-Times reported that at 3:30 a.m., the morning of February 23, 2011, three members of a Chicago family were killed on Interstate 65 in Kentucky, when a tractor-trailer struck their SUV. This is devastating news to our community. The investigation as to why the truck driver collided into the SUV is on-going.

Trucking safety is a large concern to the motoring public. The Federal Motor Carrier Safety Administration has reported that there were approximately 123,000 large trucks and buses involved in fatal and non-fatal crashes in 2009. People injured in trucking accidents can sue the truck driver and the commercial trucking company for damages including pain and suffering, medical costs, loss of income, disability and disfigurement.

One major area of concern when a truck crashes into a car, especially in the early morning hours, is whether the driver suffered from fatigue. Truck driver fatigue, which is typically caused by inadequate daily sleep, working too many hours, or driving while sick, substantially increases the risk of crashes that result in serious injury or death. With the trucking industry's notorious extended hours of operation, driver sleep deprivation has become a major concern in commercial trucking. The U.S. Department of Transportation attempts to regulate the time that commercial drivers spend driving and on-duty. See 49 C.F.R. § 395.3. By law, drivers are limited to 60 hours of compensated work in a seven-day period or 70 hours in an eight-day period. 49 C.F.R. § 395.3(b).

The Federal Railroad Administration investigators have determined that automated gates and warning devices at the railroad crossing at the 900 block of South Halsted Street in Chicago, had been disabled last Saturday due to a buildup of road salt that was interfering with electronic circuitry. The crossing was the scene of a crash involving two cars and a standing railroad car in the early hours of Monday, February 14, 2011. Four people were injured.

According to the Chicago Tribune, nearby residents had previously noticed problems with the crossing. Interviews by the Tribune revealed one of the injured reported: "There were no flares. There were no flashers. There was nothing."

Railroad crossings are dangerous and in approaching them, drivers must use the senses of sight and hearing in exercising a degree of care commensurate with the known danger. Hamilton v. Atchison, Topeka & Santa Fe Ry. Co., 175 Ill.App.3d 758, 760, 530 N.E.2d 268, 270 (3d Dist. 1988) (holding that a driver had a duty to exercise ordinary care and to look and listen for approaching train before crossing tracks, even when the gates may have been malfunctioning and remained down for 7 minutes).

Sometimes, however, circumstances exist that leave the driver unaware of the presence of a train. In fact, a stopped, unlit train can be just as dangerous as a moving one. Based on news reports, it seems that the February 14 automobile/railroad car crashes occurred in the dark, predawn hours and that the railroad car blocking the crossing was a large black tanker. The Tribune reported that preliminary reports suggest the railroad company had taken certain safety precautions on Monday morning as required by the federal "stop and flag'' rules. However, based on the comment by one of the injured, it appears that such safety precautions may not have been adequate.

Continue reading "INACTIVE RAIL-CROSSING WARNING SYSTEM CONTRIBUTED TO SOUTH SIDE CRASH " »

As the arctic breeze makes its way into the Chicagoland area again this week, weather conditions will continue to demand that everyone using the roadways remain on high alert.

Particularly, the large piles of snow in turning lanes and entrances/exits to driveways and businesses have created an unusually high number of dangerous blind spots for drivers attempting to turn onto and off of roadways. However, drivers must be aware that an inability to see on-coming traffic may not be an excuse for causing a car crash.

Despite the large snow piles that can potentially block a driver's line of vision, there is an expectation that drivers will maintain a look out for other drivers and pedestrians. In Illinois, the law requires all drivers to act reasonably, stop and not proceed blindly, particularly where pedestrians are likely to be crossing.

Continue reading "PROCEED WITH CAUTION AROUND LARGE SNOW PILES" »

We've all done it. Walked into a crosswalk while looking at our cell phone or iPod. With much attention placed on distracted drivers lately, it’s no wonder that lawmakers have begun to set their gaze upon the distractions that pose dangers to pedestrians and bicyclists, namely cell phones, iPods, and other hand held devices. Specifically, New York, Oregon, Virginia and California have bills pending that ban the use of mobile phones, iPods or other electronic devices by pedestrians and bicyclists while crossing streets. Will Illinois be next?

In Illinois, anyone driving a motor vehicle anywhere has a duty to maintain a proper lookout for pedestrians, other vehicles or any other obstacle in the vehicle's path. Alexander v. Yellow Cab, 241 Ill. App. 3d 1049, 609 N.E.2d 921 (5th Dist. 1993).

An Illinois “pedestrian” is statutorily defined as “[a]ny person afoot, including a person with a physical, hearing, or visual disability.” 625 ILCS 5/1-158. Others, who may not seem to be “afoot,” are considered pedestrians for the purposes of litigation. For example, people using motorized wheelchairs are treated as pedestrians (625 ILCS 5/11-1004.1), as well as people wearing roller skates, using a pushcart, and riding skateboards.

With or without a law governing this issue in Illinois, it is a good idea to remain alert when crossing the street and/or riding a bicycle. It’s not the time to check your phone or become too absorbed in the music on your iPod.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Continue reading "15-PASSENGER VAN SAFETY" »

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

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

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

Be careful out there folks.

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

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

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

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

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

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

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

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

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

Chapter 13 - Agency; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Law Offices of Jeffrey J. Kroll encourages everyone to continue to make an effort to keep our roads safe and keep traffic-related fatalities down. Jeff Kroll has won million-dollar settlements for car crash victims. Contact us at (312) 676-7222, or fill out the contact form to set up a personal consultation if you or someone you know has been injured in a car crash.

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

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

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

Do not move around on the bus.

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

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

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

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

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

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

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

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

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

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

Use appropriate hand signals.

Respect traffic lights and stop signs.

Wear bright color clothing to increase visibility.

Know the "rules of the road."

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

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

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

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

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

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

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

As a personal injury attorney in Chicago, I see the tragic results of car accidents every day and how the crashes affect people. A recent study has placed a number on the amount of money spent on the cost of medical care and productivity losses associated with these crashes. The costs associated with car accidents are staggering; there must be millions of hours spent across the country with car crash victims in physical therapy, surgery, doctors offices, emergency rooms and the ICU. Certainly, the biggest cost associated with car accidents is the physical injury and loss of life. Please drive carefully to reduce the number of crashes on our roads. Sadly, "[e]very 10 seconds, someone in the United States is treated in an emergency department for crash-related injuries, and nearly 40,000 people die from these injuries each year.” This astounding quote comes from a recent press release out of the Center for Disease Control and Prevention (CDC) in relation to a new study that highlights the costs associated with crash-related injuries.

In fact, researchers found that in a one-year period, the cost of medical care and productivity losses associated with injuries from motor vehicle crashes exceeded $99 billion -- with the cost of direct medical care amounting to $17 billion. The total annual costs amount to close to $500 per licensed U.S. driver. The study can be found in the journal, Traffic Injury Prevention.

According to the CDC, the study’s other staggering findings include:

• Costs related to fatal motor vehicle-related injuries totaled $58 billion. The cost of non-fatal injuries resulting in hospitalization amounted to $28 billion, and the cost of injuries to people treated in emergency departments and released was $14 billion.
• More men were killed (70 percent) and injured (52 percent) in motor vehicle crashes than women. Injuries and deaths among men represented 74 percent ($74 billion) of all costs.
• Teens and young adults made up 28 percent of all fatal and nonfatal motor vehicle injuries and 31 percent of the costs ($31 billion).
• Motorcyclists made up 6 percent of all fatalities and injuries but 12 percent of the costs, likely due to the severity of their injuries. Pedestrians, who have no protection when they are hit by vehicles and are also often severely injured, made up 5 percent of all injuries but 10 percent of total costs.

Toyota, who has recalled over 10 million cars and trucks since October of 2009, has issued yet another recall. Today, the company stated that 1.33 million Corolla sedans and Matrix hatchbacks engines may stall due to a defective engine control module.

The recall covers 2005-2008 Corolla sedans and Matrix hatchbacks sold in the U.S. and Canada. Toyota has received unconfirmed reports of three accidents and one minor injury related to the defect.

Interestingly, General Motor Co has also issued a recall on 199,163 Pontiac Vibes in North America due to the same problem.

Toyota and GM claim that they will replace the defective part at no charge.

Motor vehicle crashes are the number one killer of teens, ages 15 to 20 years-old. Unfortunately, this fact is not new. According to the National Highway Traffic Safety Administration, motor vehicle crashes account for 35% of all teenage deaths in the U.S. Motor vehicle crashes have been the leading cause of teenage deaths for some time. It goes without saying then, that safe driving for teens is an extremely important issue. Believe it or not, the one group of people who may be able to reverse the statistic mentioned above are parents. Yes, that's right, parents.

Parents have more influence over their child's decisions than they think. Therefore, parents need to get involved when it comes to their teenager's driving habits. Parents should make time for supervised driving lessons with their teens. Sharing important tips with a teenage driver can be very educational. This is true even after the driver graduates from his or her learner's permit to an actual driver's license. I know, I know, easier said than done. Teens don't always want to listen, especially to their parents. However, as a parent, you can't expect your child to learn everything they need to know in driver's education class. So, don't write it off; give it a try. It's important.

Parents should set rules for their teenage driver and enforce them. Insist on wearing seat belts at all times, and in the proper manner. Wearing a seat belt incorrectly can cause serious injury or death in a crash. Please insist that your child does not drink and drive, nor do any of their passengers. This one is obvious, but teens need to be reminded. Don't allow your teen to use his or her cell phone, or any other electronic device while driving. Parents should also consider limiting nighttime driving and the number of passengers that their teen is allowed to drive with. Extra passengers can be a real distraction.

Tell your teen about the dangers of driving. Let them know it is the leading cause of death among people in their age group. In 2008, 2,739 drivers between the ages of 15 to 20 were killed and 228,000 were injured in motor vehicle crashes. Remind them that they are not invincible and that a motor vehicle crash can happen to them, even if it is not their fault.

Know your state laws and make sure your teens know them too. Laws on seat belts, licensing, alcohol and the rules of the road were all passed by the state legislature with safety in mind. They are in place to keep you and your teen safe.

The AAA has issued a study that has been getting some buzz recently: driving with pets in your car is just as distracting as texting. AAA and Kurgo, a manufacturer of pet restraints, surveying 1000 dog owners found:

- Thirty-one percent of survey respondents admitted to being distracted by their dog while driving.

- An astounding 59 percent admitted to participating in at least one distracting behavior while driving with their dog.

- More than half bring their pet along while driving.

- One in five allowed their dog to sit in their lap while driving.

- Seven percent admitted to giving food and water to their dog and five percent admitted to playing with their dog while driving.

Such distracting behavior can increase the risk of a crash. We know from recent studies regarding texting while driving that looking away from the road while driving can be devastating. The AAA study states that looking away for just two seconds doubles your risk of being in a crash.

Most disturbing, the AAA study found that even a 10-pound dog, loose in a car driving 50 miles per hour at the time of a crash, could exert 500 pounds of pressure – endangering both the pet and anyone in its path.

Illinois does not require drivers to restrain their pets while driving. In fact, many of us have seen people driving with pets on their laps. Police officers can issue citations to drivers that permit dogs to obstruct their view of the road or use of the steering wheel.

For your safety, and the safety of your pets, restrain your pets when driving. The Chicago Tribune, reporting on the issue, found that dogs inside wrecked vehicles often become territorial and protective of their owners when police and emergency-responders try to rescue injured occupants, sometimes leaving authorities no other choice than to shoot the animal in order to rescue the driver or passengers. There is no need to put yourself, others, or your pet in such a risky situation.

Can you think of anything more important than our children's safety? According to the U.S. National Highway Traffic Safety Administration (NHTSA), thousands of children are tragically injured or killed in motor vehicle crashes every year. NHTSA lists motor vehicle crashes as the leading cause of death for children age 3 and older in the United States.

Approximately 3 out of 4 parents do not properly use child restraints. The NHTSA website provides you with the tools to locate a child safety seat inspection station near you. There, certified technicians can inspect your car seat and teach you how to properly use it. You can also contact your local police or fire department for assistance.

NHTSA's website further advises:

- Keep infants in rear-facing child safety seats in the back seat of the car for as long as possible up to the height or weight limit of the particular seat. At a minimum, infants must remain in rear-facing seats until a minimum of 1 year and at least 20 pounds.
- When children outgrow rear-facing seats, they should ride in forward-facing child safety seats, in the back seat, until they reach the upper weight or height limit of the particular seat (usually around age 4 and 40 pounds).
- Children who outgrow forward-facing seats should ride in booster seats, in the back seat, until the vehicle's back seat lap belt lays across the upper thighs of the child and the shoulder belt fits across the chest (usually at age 8 or when they are 4’9” tall).
- When children outgrow their booster seats, they can use the adult seat belt in the back seat, if it fits properly.
- Always follow manufacturer's instructions regarding proper assembly and age and weight restrictions for a particular seat.
- Children younger than 13 should sit in the back seat to avoided being crushed by air bags if they deploy.
- Stay away from secondhand car seats. You never want to use a car seat that has been in an accident or is missing parts. Get rid of car seats that are six or more years old.

The Chicago Sun Times has highlighted a serious flaw with Chicago's taxi cab industry: the low policy limits on their insurance coverage. The City of Chicago requires that cabs be insured for at least $350,000. This is insufficient for a serious, life-altering injury. Chicago personal injury attorney, Jeff Kroll, was quoted in the article:

"The cab companies have created their own cap on damages," said personal injury attorney Jeffrey Kroll. He helped win a $5.2 million judgment for Mary Ann Conover, who suffered brain injuries when her car was hit by a Yellow Cab in 1995. "Today, a woman who needs a lifetime of care may be limited to $350,000," Kroll said.

An individual who has suffered a serious injury as a result of the negligence of a cab driver should be protected under the law to ensure that he or she will be taken care of and that his or her needs will be met.

Continue reading "KROLL QUOTED IN THE CHICAGO SUN TIMES: TAXI CAB INSURANCE LIMITS ARE INSUFFICENT" »

An SUV collided with a semi tractor-trailer truck in Lombard this evening injuring two pedestrians. The crash happened at about 8:15 p.m. at the intersection of Main Street and Roosevelt Road. The fire department emergency crews found a woman lying in the parkway and a man pinned under the vehicle. The driver of the SUV was trapped in the vehicle.

The tractor-trailer involved in the incident was a Jewel-Osco food truck. The Law Offices of Jeffrey J. Kroll has previously represented the family of a young woman who was killed when her stopped vehicle was struck from the rear by a Jewel food truck.

The incident is under investigation by the Lombard Police.

Toyota has asked dealers to stop selling the new 2010 Lexus GX 460 after Consumer Reports issued a safety warning regarding an increased risk of rollover during a turn. Consumer Reports Magazine urged buyers to not purchase the SUV. The vehicle's electronic stability control (ESC) program failed to keep the vehicle in line during a severe handling maneuver at a speed in excess of 60 mph. Drivers of the Lexus GX 460 should be extremely careful when turning the vehicle and driving on exit ramps.

About 5,000 GX 460s have been sold.

Next year, the oldest baby boomers will turn 65, which means that the number of older drivers on the road will be increasing in the years to come. Illinois has a stringent driver's license renewal program, which requires 81- to 86-year-old drivers to renew their licenses every two years instead of the standard four — complete with vision and road tests. Those 87 and older have to renew annually.

Today, there are more than 20 million drivers age 70 and older on the roads, compared with 18 million in 1997, according to the Insurance Institute for Highway Safety. In an article on the topic of older drivers, the Chicago Tribune reported that in Illinois, more than 796,000 residents over the age of 70 have licenses.

The Law Offices of Jeffrey J. Kroll recently posted an article on this blog regarding safety issues involving older drivers.

U.S. Transportation Secretary, Ray LaHood, announced today that two major investigations are underway to examine why unintended acceleration occurs.

The National Academy of Sciences will examine unintended acceleration and electronic vehicle controls across the entire automotive industry.

Additionally, the National Highway Traffic Safety Administration (NHTSA), which is part of the Department of Transportation, is addressing the unintended acceleration issue, specifically in Toyotas, with the help of NASA engineers with expertise in areas such as computer controlled electronic systems, electromagnetic interference and software integrity.

Hopefully these experts will get to the root cause of this serious problem.

The death and injuries suffered by the three seniors from the University of Chicago Laboratory School on their bicycle trip over spring break turned out to be anything but a celebration of their friendship. The trip, which was planned for months and chaperoned by one parent, was cut tragically short when an 86-year-old driver veered across a rural stretch of highway in Southern Illinois and struck the bicyclists. The Chicago teens were all wearing helmets when the minivan crossed the line. Inevitably, questions and discussions have been brought up as to when should elders stop driving.

There may not be a specific age but age does, in fact, affect driving. More and more older drivers are on the road these days. Getting older does not automatically turn people into poor drivers. Conversely, many continue to be safe drivers as they age. But there are physical changes that could impact an individual’s driving skills. For example:

1. Reflexes. As people age, they find that their reflexes are much slower. Slower reflexes may force a longer reaction time for a driver to address to traffic signals or to adjust to appropriate speeds.

2. Joints and muscles. Over time, any individual will experience stiffness in their joints. As one ages, it may be more difficult to move your head to look back, quickly turn a steering wheel or apply the brakes in a timely manner.

3. Vision and hearing. Over time, eyesight and hearing will change. As one gets older, they may need more light to see things. Night driving, glare from the sun, oncoming headlights or other street lights may trouble a driver more than before. This does not even account for vision problems for eye diseases such as glaucoma, cataracts or macular degeneration.

Elder drivers should take a driver refresher class every few years. Check with AARP, or local private driving schools to find a class near you. Similarly, state laws will regulate how and when elder drivers can renew their licenses. The Insurance Institute for Highway Safety’s website discusses the license renewing provisions for elder drivers for each state.

At this point, no one knows if this incident could have been avoided or if this elder could have driven in a safe manner. It is a tragic event that has impacted not only the families of the bicyclists but also the family of the elder driver. If you are concerned that an elder drive may becoming dangerous on the road, you must broach the subject. For many people, an end of driving signals the loss of independence and limitations in their lifestyle. This is something that must be discussed with friends and family and alternatives to driving must be investigated. Our condolences go out to the families of the bicyclists.

Auto collisions are very common. As of today, there have already been 147 fatal crashes reported in Illinois in 2010. Unfortunately, many of these motor vehicle accidents lead to catastrophic injuries and often the wrongful death of a loved one. Under such circumstances, a personal injury attorney may need to be consulted. The purpose of this blog post is to provide consumers with tips for the initial attorney interview in a car accident case.

When meeting an attorney, it is important that the attorney make a strong first impression. This interview will likely establish a foundation for a successful working relationship with the attorney. As a consumer, you most likely will be looking to the attorney for legal guidance, direction and compassion. You want to confirm that your case is handled with urgency. Acknowledge the attorney handling your case is experienced and determined to advocate for you. Trustworthiness and knowledge by the attorney must be demonstrated from the onset. The following are some tips for a successful attorney interview.

1. There must be a comfort level with the attorney. While the attorney may be interviewing you, you should also be interviewing the attorney. To many clients, the community in which they live or their personal history is just as important as their legal background. You ensure that the attorney can empathize with your plight.

2. Are they listening to your story? The attorney should encourage you to openly share what happened on the day of the collision. Inevitably, it was a traumatic day and the client wants an opportunity to discuss what occurred. Does the attorney seem interested? Are they making eye contact? Are they allowing you to speak? At times, a client may be focusing on irrelevant facts. Are the attorneys trying to keep you on track, directing you back to pertinent change of events in your lifetime?

3. What should I bring with me to the attorney interview? Attempting to create a time line of events is always helpful for the attorney. Bring any reports or other evidence in your possession, including police reports, ambulance reports, hospital bills and/or records. Typically, a lawyer handling an automobile case needs to engage in an in-depth investigation as to how the collision occurred. The trial attorney will need to gather the following:
∙ Photographs or videos of the scene and the collision.
∙ Photographs or video of your injuries.
∙ Diagrams of the scene.
∙ Records.
∙ 911 calls and witness statements..

Obviously, a potential client may not know the answers to many of these questions. A prudent attorney can easily obtain this information very quickly by making a request to police departments or other involved agencies.

4. Explanation of the legal process. Make sure the attorney explains any and all legal terms to you during the interview. Do not be afraid to ask or discuss the realities of litigation, including how long the process takes and the likely time frame for obtaining a trial date. Also, discuss the possibilities of settlement before trial and the role in which insurance coverage may play in the potential resolution to the case. You are entitled to these answers. It is your case.

5. Guarantees. There are never any guarantees in litigation. An attorney should express to you and make sure that you understand that there are no guarantees. If an attorney is promising something they cannot deliver, be very leery.

6. Discuss the retainer agreement. Most attorneys dealing with automobiles collision cases will enter into contingency fee agreements with their clients. The attorney must explain to you what a contingency agreement entails. Make sure this agreement is in writing. Make sure you sign and obtain a copy of it.

7. Contact Information. You should provide the attorney with all pertinent contact information. Email address, cell phone number, home phone numbers are all good ways to maintain communication. The attorney must stay in contact with you so that they can properly represent your interest.

Continue reading "TIPS FOR THE INITIAL ATTORNEY INTERVIEW IN AN AUTO ACCIDENT CASE" »

The sun is shining today, which means that Spring Break is right around the corner. Although Spring Break is a time for fun, many unnecessary accidents occur due to over consumption of alcohol and/or bad decision-making. Regardless if you are planning to celebrate Spring Break in a foreign country or by taking a road trip within the United States, it is important to remain vigilant, especially if driving. According to the United States State Department,the most common cause of death of U.S. citizens overseas, other than natural causes, is by motor vehicle accidents. Often, the safety standards in foreign countries are either lower than those in the United States or non-existent.

If you find yourself driving this Spring Break, attempt to limit your driving time to the day light hours if possible. Never, under any circumstances, drive after you have been drinking. Do not text or email while driving. Be aware that large trucks may not be able to stop as quickly as a car, so stay out of their blind spots and do not change lanes in front of them if possible. Always obey traffic signals and drive within the speed limit.

A recent study out of the U.S. Department of Transportation estimates that the number of traffic fatalities reported at the end of 2009 reached the lowest level ever since 1954. Specifically, the data compiled by a division of the National Highway Traffic Safety Administration (NHTSA) shows that, in 2009, 33,963 people died in motor vehicle crashes, which represents a drop of 8.9 percent from the 37,261 deaths reported in 2008.

According to a Department of Transporation press release, NHTSA attributes the decline in traffic fatalities to a combination of factors, including campaigns like Click It or Ticket to increase seat belt use. It also generally credits the decline to safer roads, safer vehicles and motorists driving less.

The Law Offices of Jeffrey J. Kroll encourages everyone to continue to make an effort to keep our roads safe and keep traffic-related fatalities down.

Yesterday evening at about 10:15 p.m. the driver of a Ford Escort lost control of her vehicle on northbound I-57 near Halsted Street according to Sun-Times reports. The vehicle drove off of the right embankment and hit a light pole, causing it to break at its base. The 9 year-old daughter of the driver, who was sitting in the back of the car, was ejected from the vehicle on impact, landing on the grassy embankment, where the light pole fell on top of her. The driver and the 9 year-old were taken to Advocate Christ Medical Center with non-life threatening injuries. The adult female passenger in the front seat was killed in the accident. The driver has been charged by police with DUI.

Continue reading "CRASH ON 1-57 KILLS ONE AND DRIVER CHARGED WITH DUI" »

A fog advisory is in effect in Chicagoland until 10:00 a.m. tomorrow morning. Driving in foggy conditions can be dangerous. The Illinois Secretary of State offers the following tips for operating a vehicle in the fog:

- Slow down.
- Do not use cruise control.
- If you see headlights or tail lights, slow down even more. A driver may be driving in the center of the roadway or may be stopped or barely moving.
- Dim your headlights or use fog lights.
- Do not "overdrive" your headlights.
- You may not see the vehicle in front of you and you may have to stop suddenly.
- If the fog is too dense to safely operate your motor vehicle, pull off the roadway and stop.
- Brake early when you approach a stop to warn other drivers that you are in front of them.

In observance of National Collision Awareness Month, School Transportation News featured attorney Jeffrey J. Kroll in an article promoting safe driving tips. The article (which can be read in its entirety here), provides the following simple safety recommendations:

• 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.

The Law Offices of Jeffrey J. Kroll encourages all drivers to take the time this month to evaluate their driving practices in an effort to make our roads safer.

Historically, teenage boys have a reputation for driving more dangerously than teenage girls. However, a new insurance industry study reveals that teenage girls may be closing the gap.

The Allstate Foundation, which is part of Allstate Corp., released a study reporting that teenage girls admit to speeding, texting and active aggressively behind the wheel more often than their male counterparts.

Distracted driving is a serious concern on the roadway. Drivers of all ages could easily be distracted if they are sending a text message or not giving their full attention to the road ahead. Teens are just learning how to drive and should be focusing on driving. It is simply not worth the risk of killing yourself or others. Please put your cell phone away until you arrive at your destination.

On February 23, 2010, a female pedestrian was killed on Chicago's South Side in a hit-and-run accident. The incident occurred at 69th and Halsted. A man has now been charged for his involvement in this incident. Police were able to review video surveillance footage from the area, including red light camera footage.

There is debate regarding whether the red light cameras are effective at reducing accidents. Some data shows that the cameras actually increase the number of accidents at intersections because drivers may slam on their brakes to avoid entering the intersection. The State Senate will debate a bill this week banning red light cameras, except for in construction sites and railroad crossings. Perhaps if the red light cameras are banned, surveillance cameras should be installed in their stead to identify hit-and-run drivers and other criminal activity. It is satisfying to know that the man involved in the hit-and-run has been identified and charged.

A 30 year-old man was charged by police with three counts of leaving the scene of an accident on Saturday in which several people, including three pedestrians were injured. The man charged was driving a Toyota convertible eastbound on Division Street, when he ran a red light and hit a taxi that was heading northbound on Clark Street. The taxi hit a pole following the impact. The Toyota then hit another taxi before fleeing the scene of the accident. A total of five people were taken to area hospitals, including two passengers from the taxi and three pedestrians.

According to the University of Michigan Transportation Research Institute (UMTRI), overweight men have a better chance of surviving an automobile crash, but only if they are wearing a safety belt. In a recent study performed at the UMTRI, it was determined that obese male drivers wearing a safety belt have a 22% lower probability of being killed if involved in a fatal crash than underweight male drivers wearing a safety belt. Obese males were categorized as those having a body mass index between 35 and 50, compared to underweight males having a body mass index between 15 and 18.4. The opposite was found to be true for unbelted male drivers, where the probability of being killed is 10% higher for obese males. The results were different for female drivers. The conclusion reached is that the findings suggest that the designs of airbags, safety belts and other components of occupant-restraint systems may need to be improved to better protect drivers and their passengers of different sizes.

This morning, a silver Lincoln Town Car heading eastbound on Interstate 80 slid on a patch of ice and struck a guardrail near Center Street in Joliet. As a female passenger was exiting the Lincoln, a Mercury Sable vehicle apparently slid on the same patch of ice and struck the female passenger and the Lincoln.

Illinois State Police reported that the passenger's injuries included a severed right leg, fractured right arm and left leg, a lacerated spleen and a punctured lung.

Winter driving is hazardous due to the road conditions. For this reason, drivers should be extremely vigilant on the road. Please drive carefully this winter.

Early this morning, a motorist lost control of his vehicle while attempting to make a turn and struck the Duwell Fish Company on 617 S. Pulaski Road. The vehicle did not enter the restaurant, which was closed for business at the time, but it did destroy a brick column that holds up the roof. The driver of the vehicle was injured and taken to the hospital. He was also cited for negligent driving and failure to reduce speed. Fortunately, there were no injured pedestrians, likely due to the time at which the accident occurred.

On Tuesday February 9th, 2010, an elderly woman was hit and killed by a snow plow while she was walking as a pedestrian on the 1300 block of West Morse Avenue. The snow plow was apparently reversing into a driveway at about 2:15 p.m. when it struck the woman, according to police. The driver was cited for failing to exercise due care for a pedestrian in the roadway and for failing to use due caution when reversing his vehicle.

Fans of the television show "Boston Legal" will be sad to learn that actor Justin Mentell was found dead near his crashed Jeep near a rural highway in Wisconsin. He played Garrett Wells, an attorney on the popular TV show. Mentell, who was just 27 years-old and a native of Waukegan, Illinois, was killed when his Jeep went down a steep embankment and hit two trees. Mentell attended Waukegan High School and Northern Illinois University. According to reports, there is no indication that drugs or alcohol played a factor in the crash, although toxicology reports won't be available for several weeks.

As part of an effort to combat traffic deaths due to distracted drivers, the U.S. Department of Transportation (DOT) has formally banned commercial truckers and bus drivers from texting with any handheld cellphone or other device while behind the wheel.

For those who insist on putting their passengers and other travelers at risk, the DOT promises there will be consequences: Any truck or bus driver who violates the Federal regulations mentioned in this guidance is subject to a penalty up to $2,750.

The DOT also stated in their official blog "Welcome to the Fast Lane," that in the near future they will propose additional legal remedies and develop new tools that will help them work alongside the law enforcement community, safety advocates, researchers, and others, to find new ways to raise awareness and bring an end to the terrible dangers posed by distracted driving.

Although this new prohibition focuses on commercial truckers and bus drivers, it is important that all drivers refrain from texting while driving. In 2008, more than 5,800 people died in accidents where at least one form of driver distraction was cited in the crash report. According to government research, on average, drivers who send and receive text messages while driving take their eyes off the road for approximately 4.6 seconds out of every six seconds while texting. During that time, if driving 55mph, a car will travel the length of a football field. As a result, drivers who text while driving are more than 20 times more likely to get into an accident than non-distracted drivers.

FocusDriven is a national not-for-profit organization devoted specifically to raising awareness about the dangers of distracted driving.

The site contains real-life stories of young people and adults who were killed by people driving distracted on a cell phone. Everyday, people around the world are severely injured or killed as a result of drivers not paying attention to the road in front of them because of their cell phone use.

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

Oprah Winfrey highlighted the dangers of distracted driving on her January 18, 2010 show. Oprah is asking everyone to take a "no phone zone" pledge promising to not text or talk on the phone while driving.

As a Chicago personal injury attorney, I have seen the devastating effects of distracted driving and have made an effort to increase public awareness of the problem on this blog. From Boston, to California, here in Illinois, and around the world, distracted driving is a serious problem. It is great to see Oprah focusing everyone's attention on this serious hazard.

Remember, while texting and talking are serious forms of distracted driving and behavior that need to be stopped, please do not do anything that diverts your attention from the road in front of you!

An Illinois man from Morrison was injured Sunday night in a snowmobiling accident. The man was traveling on a snowmobile trail west of Morrison when he lost control and ended up in a cornfield. The snowmobile flipped and landed on top of him. The man was taken to Morrison Community Hospital for immediate treatment and later airlifted to a Rockford hospital.

Snowmobiling is a favorite winter pastime here in the Midwest, but it is fraught with danger. The Illinois Department of Natural Resources offers snowmobiling safety courses. These courses are mandatory for winter enthusiasts between the ages of 12 and 16, but people of all ages are strongly encouraged to take the course.

A snowmobile is only as safe as the person operating it. The key to safe operation is knowing your snowmobile, using good judgment, and courtesy. Click here for more information on how to safely operate your snowmobile.

A 13-year-old seventh-grader was killed in Lake Zurich after getting struck by a van in a busy street. The girl was crossing the street with a friend this past Thursday when one of them dropped a cell phone. She ran back to pick it up and was hit by a Dodge van. She died from the injuries she sustained on Saturday morning.

No charges are expected against the vehicle's driver.

Crossing the street is something people do all the time and often forget how dangerous this seemingly safe activity can be. Keep the following safety tips, courtesy of Safety 4 Kids, in mind and share them with your children:

* Do not cross the street. Cross with a grown-up, not by yourself.

* Cross only at the corners.

* “Cross at the green, not in between”: Only cross when you see a “walk” sign, or (if the corner does not have a walk/don’t walk sign) when the traffic light is green.

* Always wait for cars to stop. Look for cars in all directions (left, right, left, plus front and back) before you step into the street to cross.

* Be alert for turning vehicles. They are often so busy checking traffic and turning that they will not see pedestrians.

* Walk on the sidewalk, not in the street.

* Never play in the road, in driveways, or in parking lots.

* Do not enter the street from between parked cars or behind bushes or shrubs.

* Never chase balls, toys, pets, etc. into the street. Ask a grown-up to get them for you instead.

* Wear reflective clothing/tape and (when possible) carry a flashlight while walking after dark.

My sincere condolences to the family of this young girl.

Icy roads made Chicagoland roads hazardous last night. Drivers should be extra cautious when driving in icy road conditions. The Chicago Skyway was closed from about 9:30 p.m. to 11:20 p.m. on December 23, 2009 after a 12-car pileup occurred. After the pileup, accidents continued to occur on the Skyway causing the police to close the road.

Also, the ramp from northbound Interstate 294 to westbound Interstate 88 was closed after a 15-car pileup occurred.

When driving in icy road conditions, remember the following tips:
-Keep your distance from the car in front of you and behind you. If you feel that the car behind you is following too closely, pull over and let them pass you.
-When driving over ice, snow and slushy road, do not brake suddenly or rapidly turn the steering wheel.
-If your car starts to skid, release the brake and turn the steering wheel in the direction of the skid.
-Reduce your speed before approaching a curve in the road or an exit ramp.

An off-duty Lockport police officer crossed the median on I-55 near Cicero on Saturday night, slamming head-on into Man K. Wong's vehicle and causing a third vehicle to crash, as well. Mr. Wong was killed in the collision. The police officer suffered critical injuries, as did two other passengers.

The Illinois State Police are now investigating whether alcohol was a factor in the crash. The police officer remained hospitalized on Monday with a broken pelvis and lacerations to his face and head. Charges against him are pending further investigation.

The holiday season is notorious for drunk-driving related crashes and fatalities. Please designate a driver if you plan to drink.

"Over the Limit. Under Arrest" is a national program to crackdown on drunk and impaired driving during the holiday season. Driving with a blood alcohol level of .08 or higher is illegal in all fifty states and the District of Columbia. On the topic of drunk driving, U.S. Transportation Safety Director Ray LaHood has stated,

Drunk driving is a major public safety threat that still claims thousands of lives every year. Many states continue to step up their efforts to get drunk drivers off our roads, but the numbers tell us we have to do more. Drinking and driving is dangerous and unacceptable, and I’m asking law enforcement to stay vigilant during this busy holiday season.

According to the Department of Transportation's National Highway Traffic Safety Administration (NHTSA), five states have shown significant reductions in alcohol-impaired driving fatality rates from 2007 to 2008: Vermont, Wisconsin, Maine, Nebraska and Minnesota. The states with the least improvement are Idaho, Rhode Island, Wyoming, Kansas and New Hampshire.

The crackdown will run from today through January 3, 2010.

The Illinois Department of Transportation (IDOT), Tollway and Illinois State Police (ISP) are urging drivers to prepare themselves and their vehicles for winter driving conditions. "Snow and ice covered roads can significantly impede the flow of traffic, increase traffic congestion, and create adverse driving conditions. If motorists must drive in these conditions, they should plan ahead and allow sufficient time for travel," said ISP Director Jonathon E. Monken.

According to an IDOT press release, more than 3,900 employees and 1900 pieces of equipment will be deployed as needed to keep state routes clear and passable during the 2009-2010 winter season.

IDOT, Tollway and ISP encourage motorists to keep the following safety tips in mind:
* Plan ahead and make sure your trip is necessary before you head out.
* Travel at safe speeds and maintain a safe distance from other vehicles.
* Don't crowd the plow - a snowplow operator's field of vision is restricted. You may see them, but they may not see you.
* Watch out for black ice. Go slow when approaching intersections, off-ramps, bridges and shady areas - all are prone to black ice.
* Always keep your gas tank at least 2/3 full to prevent the vehicle's fuel line from freezing.
* Dress warmly for the weather. Dress in layers of loose-fitting, lightweight clothing in anticipation of unexpected winter weather emergencies.
* Do not travel unless absolutely necessary. If you have to make a trip, check the forecast and plan ahead with safety in mind.
* Make sure someone is aware of your travel route.
* Always carry an emergency car care kit that contains jumper cables, flares or reflectors, windshield washer fluid, an ice scraper, traction material, blankets, non-perishable food and a first aid kit.
* Carry a cell phone.
* Always wear a seat belt.
* Check travel conditions before any trip by calling 1-800-452-IDOT(4368) or online.

Be safe on the roads this winter season!

Continue reading "ILLINOIS STATE AGENCIES URGE CAUTION WHILE DRIVING IN WINTER WEATHER" »

According to recently published research note by the National Highway Traffic Safety Administration's National Center for Statistics and Analysis, fatalities from crashes involving young drivers account for one-fifth of all fatalities on the nation's roads. Previous research has suggested that young drivers lack the experience behind the wheel that most older drivers have, do not have the same maturity level as older drivers, and are more prone to risk-taking behavior and the statistics comport with these characteristics.

Researchers found that young people from ages 15-20 represented only 9% of the U.S. population in 2007 and a mere 6% of licensed drivers nationwide, yet 19% of traffic fatalities were related to young-driver crashes. Of the people killed in young-driver accidents, two-thirds were the young drivers themselves or the passengers (of all ages) of the young drivers. Of the passengers killed riding in vehicles with young drivers, more than two-thirds were between the ages of 15 and 20. Indeed, motor vehicle crashes are the leading cause of death for 15 to 20 year olds.

In an effort to reduce these numbers, a number of states, including Illinois, have implemented "graduated driver licensing" (GDL) program to provide opportunities for experience, lessen the opportunity for risk-taking behavior, and educate young drivers about hazards on roadways. GDL typically consists of three distinct stages: (1) the learner's permit stage in which teen drivers may only drive with a fully licensed adult in the car; (2) provisional or intermediate license stage, in which novice teen drivers may drive unsupervised, but with certain restrictions in place, such as nighttime restrictions and curfews; and (3) full licensing.

The good news is that the number of fatal crashes involving young drivers as well as the total fatalities in these crashes has decreased 13% from 1998-2007.

Keep your young drivers safe by implementing the following tips:
* Restrict nighttime driving. Most nighttime fatal crashes among young drivers occur between 9 p.m. and midnight, so teenagers shouldn't be driving much later than 9 p.m.
* Restrict the number of passengers to reduce distractions.
* Supervise practice driving.
* Prohibit driving after drinking (and discourage drinking altogether).
* Choose vehicles for safety, not image.
* Remember that you are a role model. Young people learn by example, so be sure to practice safe driving yourself.

Continue reading "YOUNG DRIVERS ACCOUNT FOR 1/5 OF ALL TRAFFIC FATALITIES" »

Ray LaHood, the Secretary of the U.S. Department of Transportation, along with R. Gil Kerlikowske, the Director of the White House Office of National Drug Control Policy, kicked off a new national drunk and impaired driving crackdown today called "Over the Limit. Under Arrest." The campaign will involve thousands of law enforcement agencies during the holiday season, one that is notorious for DUI-related accidents. Driving with blood alcohol concentration of .08 or higher is illegal in all 50 states and the District of Columbia.

Secretary LaHood noted that "Drunk driving a major public safety threat that still claims thousands of lives every year. Many states continue to step up their efforts to get drunk drivers off our roads, but the numbers tell us we have to do more. Drinking and driving is dangerous and unacceptable, and I'm asking law enforcement to stay vigilant during this busy holiday season."

In 2008, as compared to the 2007, the alcohol-impaired-driving fatality rate declined in 40 States, the District of Columbia and Puerto Rico and remained the same or increased in the remaining 10 States, according to research performed by the National Highway Traffic Safety Association (NHTSA). Illinois showed a dramatic 17.1% reduction in its alcohol-impaired driving fatality rate; in 2008 there were 362 fatalities in alcohol-impaired crashes (0.34 alcohol-impaired driving fatality rate), down from 439 in 2007 (0.41 alcohol-impaired driving fatality rate).

Secretary LaHood warned drivers that "Law enforcement officers will be out in full force during the upcoming holiday, especially at night and on the weekends, looking for the drunk drivers that put the rest of us at risk." More than $7 million has been spent on national television and radio advertising for the campaign which runs from December 16 through January 3.

This holiday season, remember to designate a driver and never drink and drive. Do your part to keep the roads safe!

Continue reading "NATIONAL CAMPAIGN TO CRACKDOWN ON DUI KICKS OFF" »

Chicagoland saw flurries today and will certainly be receiving its fair share of snow in the coming months. Drivers should exercise extra caution driving in the winter. Icy roads and blowing snow can make the roads more hazardous. Follow these tips when driving in wintry weather:

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

When a safety recommendation is made by a federal agency or a product manufacturer, the recommendation should be taken seriously. In our homes, in the skies and on the roads, too often, recommendations are not followed and tragedies continue to occur.

In April of 2009, the National Transportation Safety Board (NTSB) urged the Federal Aviation Administration (FAA) to ground the Zodiac CH-601XL, an experimental amateur-built plane, until a flight control problem could be corrected. The plane was not grounded and it was involved in another fatal accident on November 6, 2009. The flight broke up near Agnos, Arkansas and killed the pilot who was the sole occupant. The debris scattered over an area more than 600-feet long. Both winds separated from the fuselage in flight.

In this situation, one governmental entity failed to heed the advice of another when the FAA failed to ground the planes based on the NTSB's recommendation.

It is unfortunate that as consumers, the products that we use are not always safe. Thus, when recommendations are made to remove unsafe products from our homes, backyards and cars, heed the warning to protect yourself and your family.

As we count our blessings on this Thanksgiving holiday, please be mindful of the dangers on the roadways. Today is the deadliest day on American roads. Last year, 502 people died in car accidents, which is significantly higher than the number of deaths on an average day (102 people). Today, as you travel to and from your holiday celebrations, please:

Do not drink and drive.
Wear you seatbelt.
Be a vigilant driver.
Do not speed.
Do not follow the car ahead of you too closely.
Keep a proper lookout.
Do not talk on your cell phone.
Do not text.

As a personal injury attorney, I have represented many clients who were involved in tragic car accidents because other drivers failed to drive safely and follow the aforesaid rules. This Thanksgiving, please drive safely.

The attorneys and staff at the Law Offices of Jeffrey J. Kroll wishes you and your family a safe and happy Thanksgiving.

As a Chicago personal injury lawyer who handles car crash and truck crash cases, it is my goal to successfully represent each of my clients. It is also my goal to improve safety on the roadways. I am happy to hear the latest news from the National Highway Traffic Safety Administration (NHTSA) regarding a reduction in traffic fatalities. The NHTSA has issued a summary stating that the number of highway fatalities are down seven percent from this time last year. Government estimates show that 16,626 people died in traffic crashes between January and June of 2009, down from 17,871 for the same period last year. It is anticipated that the fatality rate for 2009 will be 1.15 deaths per 100 million vehicle miles traveled, down from 1.23 deaths during the same period in 2008.

As a Chicago personal injury attorney, my work involves handling a variety of car insurance coverage issues. One of these issues is whether a vehicle's insurance applies when someone other than an owner or insured driver is at the wheel. Generally, as long as the driver is a "permitted" driver of the vehicle, insurance does apply. Essentially, the insurance follows the car. This scenario may be present as a result of an incident that occurred last night. Around 6 p.m., an employee at car wash on Pingree Road in Crystal Lake was driving a customer’s Land Rover Discovery when he lost control of the SUV. He then crashed into the corner of a hotel building and into two cars, one of which was a Ford minivan holding a mother and two young children.

Continue reading "CAR CRASH IN CRYSTAL LAKE INJURES MOTHER AND CHILDREN AND DAMAGES PROPERTY; EMPLOYEE AT CAR WASH BEHIND THE WHEEL" »

Recently, the National Highway Traffic Safety Administration came out with the 2008 Crash Statistics regarding children. Motor vehicle crashes were the number one cause of death of children between the ages of 3 and 14 years old. Everyday, an average of four children under the age of 14 are killed. Sadly, 529 are injured in traffic accidents. Of all the states, Illinois ranked sixth in the number of children killed in automobile accidents. The report did have some good news. Child safety seats reduced the risk of fatal injury to infants by 71 percent and by 54 percent for toddlers in passenger vehicles.

An 18-year-old with a blood-alcohol level of nearly three times the legal limit caused a one-vehicle car accident this past Friday night near Peoria. The Peoria County Sheriff's Department reports that the teen driver was evading a police officer and traveling more than 90 miles an hour when she violently veered off the road and slammed into a guardrail. The crash left her 18-year-old female passenger brain dead. The teen has been kept on life support as the family prepares for the donation of her organs.

The police pursuit began after the vehicle the impaired teen was driving was involved in a different crash. When a Peoria County deputy arrived at the scene of the first crash, the driver was outside the car, but got back in the car and sped off.

The driver, who remains in critical condition, has been ticketed for driving under the influence of alcohol, leaving the scene of a property damage accident, and fleeing and eluding a police officer.

According to Mothers Against Drunk Driving (MADD), someone is killed by a drunk driver every 45 minutes. In 2008, an estimated 11,773 people died in drunk driving related crashes. This shockingly big number actually represents a 9.8% decline from the 13,041 deaths that resulted from driving driving crashes in 2007. Nevertheless, alcohol-impaired-driving fatalities accounted for nearly 1/3 of the total motor vehicle traffic fatalities in the United States according to The National Highway Traffic Safety Administration (NHTSA).

Shockingly, over 10% of the 159 million alcohol-impaired driving trips that Americans took in 2002 made by 18-20 year olds. Illinois has zero-tolerance policy for drivers under the age of 21 with alcohol in their bloodstream.

Two families have been destroyed by poor decisions made by these teens. My sincere condolences to these families.

Continue reading "DRUNK DRIVING TEEN LEAVES ANOTHER TEEN BRAIN DEAD" »

According to a recent report released by the National Highway Traffic Safety Administration, an estimated 16,262 people died in motor vehicle accident in the first half of 2009. This represents a 7% decline from 2008. Fatalities declined by about 10% in the first quarter of 2009 and 4% in the second quarter. The second quarter of 2009 will be the 13th consecutive quarter of declines in fatalities as compared to the same quarter from the previous year.

The decline in fatalities is due to several factors, most notably the significant decline in "vehicle miles traveled" (VMT), which dropped by nearly 6.1 billion miles in the first half of 2009. An increased use of seat belts is also credited for the steady decline in traffic fatalities.

Although there has been a lot of attention paid to the hazards of driving while texting, it is important to remember that any distracted driving is dangerous. An October 8, 2009 LeaseTrader.com survey of 3,000 drivers nationwide found that many rank other distractions as more dangerous.

Slightly over 26 percent of women in the study ranked "kids in car" as the most dangerous distraction in the car. "Putting on makeup" ranked second in the study with 16.6 percent of women reporting this activity as their most dangerous driving distraction. "Messing with the radio" was the third most dangerous distraction reported by 10.4 percent of the women. Interestingly, only 4.2 percent of the women in the study identified "texting while driving" as their most dangerous distraction.

Just over 18 percent of the men in the study reported "road rage frustration" as their most dangerous distraction. Eating and drinking was reported by 14.7 percent of the men. The third most dangerous distraction reported by men was checking out other drivers. For only 7.6 percent of men was texting while driving the most dangerous distraction.

No matter what the distraction is, focus on the road in front of you and get to your destination safely!

Truck drivers who fall asleep while operating their vehicles is a serious problem on the nation's roadways. I am a truck crash attorney in Chicago and I recently spoke at a seminar hosted by the Association of Plaintiff Interstate Trucking Lawyers of America in Las Vegas on "Deposing the Fatigued Truck Driver." The focus of the seminar was entirely on handling fatigued truck driver cases, with an emphasis on preventing truck accident tragedies.

Unfortunately, on Saturday, October 4, 2009, around 6:45 a.m., the driver of a garbage truck crashed into a pickup truck in front of him about 3 miles south of the Lowell, Indiana exit. The driver of the garbage truck told police that he fell asleep while driving.

As a Chicago personal injury attorney, I have represented individuals with brain injuries. The causes range from birth injuries to cheerleading accidents and other sports injuries to high-impact car crashes. Many of the causes of traumatic brain injuries stem from negligence. As a personal injury attorney, it is my role to maximize any potential recovery to provide for the brain injured individual.

The disabilities resulting from a traumatic brain injury depend upon the severity of that injury. Many factors will influence the outcome, including, the location on the brain of the injury, the age of the person and the general health of the individual.

Continue reading "TRAUMATIC BRAIN INJURY: CAUSES AND OUTCOME" »

The United States Center for Disease Control and Prevention (“CDC”) guesstimates that there are approximately 1.5 million people in the United States who suffer from a traumatic brain injury each year. Sadly, 50,000 people die from traumatic brain injuries each year and more than 85,000 will suffer long-term disabilities. I chose the word "guesstimate" when referring to the 1.5 million people who suffer from these tragic injuries because only the patients that are admitted to a hospital for this injury are included in this count. Individuals treated in an emergency room or doctor’s office are not counted.

A traumatic brain injury is a form of an acquired brain injury. It occurs when sudden trauma causes damage to the brain. This type of injury can result when the head suddenly and violently strikes an object or the individual’s head is violently shaken. This is commonly known as a deceleration injury. Many people involved in motor vehicle collisions will complain of some type of headache or head injury and will subsequently receive CT scans or other diagnostic studies in the emergency room. Imaging tests will be helpful and assist in determining the diagnosis and prognosis for a traumatic brain injury patient.

An individual’s skull is hard and inflexible while the brain is soft with a “jello-like” consistency. An individual’s brain is encased inside the skull. During the movement of the skull through space (which is known as acceleration) and the rapid discontinuation of this action, the skull will meet a stationary object (deceleration) this will cause the brain to violently move inside the skull. As one can imagine, the brain is moving at a different rate than the skull because of this “jello-like” consistency. This differential movement of the skull and the brain results in direct brain injury, shearing, contusion, and, quite often, swelling.

Anyone with signs of a mild, moderate or severe traumatic brain injury should receive medical attention as soon as possible.

Continue reading "CHICAGO BRAIN INJURY LAWYER COMMENTS ON MECHANICS OF BRAIN INJURIES" »

The Associated Press has reported that Toyota will recall 3.8 million vehicles in the United States. Toyota and the U.S. government have warned owners of Toyota and Lexus vehicles about safety problems linked to removable floor mats that could interfere with the vehicle's accelerator and cause a crash.

Toyota admitted that it had been receiving complaints from consumers about uncontrollable acceleration due to the floor mats dating back to 2004. The company was moved recently to act on the complaints because of an accident in San Diego last month where a man and three passengers were killed in a high-speed crash of a Lexus ES sedan. Before the crash, the driver called 911 to report that his gas pedal was stuck causing his car to go 120 mph. Investigators are currently trying to determine whether the driver's floor mat actually caused or contributed to the accident.

This is the Japanese company's largest recall ever in the U.S. The company claims it will be the largest recall in its history. The recall will affect 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250 and IS350.

More information about the recall should be forthcoming in the near future. However, in the meantime, owners of these vehicles should remove the floor mats on the driver's side and not replace them.

Rollover crashes have a higher fatality rate than other types of car crashes. Safercar.gov makes the following suggestions for minimizing risk and injury due to a rollover:

- Tire Pressure: Improperly inflated and worn tires could affect your ability to maintain control of your vehicle, which is the most important factor in preventing rollover crashes. Additionally, worn tires cause a vehicle to be more difficult to handle on wet or slippery pavement. If your tires are not properly inflated, there is a greater risk of worn tires.

- Loading: Check with your vehicle's owner's manual to determine the maximum safe load and where the load should be distributed. Additional cargo in or on your car may affect its center of gravity.

- Know Proper Maneuvering

- Maintain Control and Avoid Panic-like Steering

- Use Caution on Rural Roads: 75% of rollovers occur on rural roads.

Moreover, do not forget to wear your seatbelt!

Continue reading "ROLLOVER CRASH ATTORNEY IN CHICAGO URGES SAFE DRIVING" »

Illinois is one of fourteen states currently that prohibits text messaging while driving. As I previously mentioned on my blog, Illinois enacted a bill outlawing this dangerous driving behavior in August. The law goes into effect January 1, 2010 and will will prohibit writing, sending or receiving text messages while driving.

National support of laws such as the one passed here in Illinois is growing. The Governors Highway Safety Association (GHSA) initially opposed laws banning texting while driving, arguing that enforcement would be impossible. In recent weeks, however, the GHSA has changed its tune, concluding that, "If every state passes a texting ban, it will send a message to the public that this dangerous practice is unacceptable." The GHSA believes that a ban nationwide would allow us to "begin to change the culture that has permitted distracted driving."

The GHSA's reversal comes on the heels of the publication of a study conducted by the Virginia Tech Transportation Institute that found drivers increase their risk of being involved in a crash or near-crash by 23 times if they text while drive. The shocking results of the study undeniably influenced the GHSA's new position. GHSA Chairman Vernon F. Betkey Jr. has since called texting while driving "dangerous" and something that "should not be tolerated."

Presently, fourteen states and the District of Columbia ban texting while driving, though other states are considering enacting similar laws. Local officials are acting as well. Cleveland, Ohio has instituted a ban, and the mayor of Toledo, Ohio called for a ban this month. Federally, Democratic lawmakers in Congress have called for states to pass new laws, and the Obama administration is planning to hold a summit on the issue of cell phone use and texting while driving this month.

As a Chicago wrongful death lawyer who has seen the aftermath of tragic car accidents, this is a promising report to improve safety on the roads:

New technology called "crash avoidance" could reduce car crashes by as much as one-third, according to a study done by the Insurance Institute for Highway Safety, which was obtained by ABC News. The technology protects passengers in a variety of crashes, including severe frontal crashes. ABC News reported that 32 percent of the 5.8 million crashes that occur annually could be reduced or prevented with this technology.

The Law Offices of Jeffrey J. Kroll advocates for motorcycle safety to improve awareness on the roads of Chicagoland. Tonight, around 5:30 p.m. in Humboldt Park near Grand Ave. and Monticello Ave., a male motorcyclist was involved in a crash with another vehicle. He suffered injuries resulting in death.

Also, it was reported today that WGN's Tom Negovan, who was involved in a head-on motorcycle crash on Saturday involving another vehicle at the intersection of Harlem Ave. and Summerdale, is expected to fully recover after having surgery to repair two vertabrae in his back.

Motorcycle accidents can result in terrible tragedy. Drivers should be continually aware of motocyclists on the roadway.

A Schaumburg couple was killed today in an accident involving their motorcycle and a car in Palatine, Illinois. The accident happened at about 11:45 a.m. at the intersection of Quentin and Dundee Road. The car was traveling southbound as it was exiting a gas station on the southwest corner when it collided with the motorcycle at the intersection.

In previous posts on my blog, I have emphasized motorcycle safety. Sadly, I have also blogged about an increase in the number of motorcycle accidents in the Chicagoland area. Although Labor Day has now come and gone, the weather is still nice and we will continue to see motorcycles out on the road well into the fall. I encourage everyone to be aware of motorcyclists and share the road.

Continue reading "SCHAUMBURG COUPLE KILLED IN MOTORCYCLE ACCIDENT" »

State, county and local law enforcement agencies from Illinois, Indiana, Michigan and Wisconsin recently collaborated in a multi-jurisdictional impaired driving crackdown. The program, called, "Reducing Auto Crashes through Corridor Enforcement," was responsible for 10 DUI/DWI arrests and 12 citations for "open intoxicants in a vehicle" in an eight hour period between 7 p.m. and 3 a.m.

The crackdown took place on US Highway 41. The highway runs about 800 miles from the Upper Peninsula in Michigan, through Wisconsin, into Illinois and then straight through Indiana.

The primary focus was arresting impaired drivers, but unbelted motorists, speeders and other violators were cited or ticketed. There were 255 speeding, 92 seatbelt and 3 reckless driving citations. Additionally, there were three felony arrests, nine motorists apprehended for arrest warrants, four drug violations, 39 drivers without licenses and 19 drivers without insurance (in Illinois only).

On September 2, 2009, two people were killed and two were seriously injured in a crash involving an automobile and a garbage truck in Chicago's Logan Square neighborhood. The crash occurred just before 3 a.m. in the 3600 block of West Fullerton Avenue. (Recent data has shown that the timeframe between midnight to 3 a.m. is the deadliest time on Illinois roads).

According to reports, the garbage truck was broadsided and knocked on its side.

On September 2, 2009, two people were killed and two were seriously injured in a crash involving an automobile and a garbage truck in Chicago's Logan Square neighborhood. The crash occurred just before 3 a.m. in the 3600 block of West Fullerton Avenue. (Recent data has shown that the timeframe between midnight to 3 a.m. is the deadliest time on Illinois roads).

According to reports, the garbage truck was broadsided and knocked on its side.

As a personal injury lawyer in Chicago, I have represented many clients who were diagnosed with Post-traumatic Stress Disorder (PTSD). These individuals who experienced traumatic events, such as a being in a car accident, received compensation for their injuries related to their PTSD. Although PTSD is not always visible like a broken arm or leg, the injury and pain is very real.

For more information on Post-traumatic Stress Disorder, please review the following online resources and consult a psychologist or a psychiatrist:

PTSD Facts on Google Health
National Institute of Mental Health - PTSD
Mayo Clinic defines PTSD

Continue reading "PTSD: A SERIOUS CONDITION DESERVES SERIOUS COMPENSATION" »

The Division of Traffic Safety with the Illinois Department of Transportation (IDOT) has found that there is an increase in motor vehicle fatalities occurring late at night. Fatalities occurring at night have the highest involvement of alcohol and the lowest safety belt usage.

Illinois law enforcement will be out in full force now through Labor Day conducting nearly two hundred roadside safety checks, patrolling for impaired driving and checking for safety belt usage.

According to data from IDOT and the National Highway Traffic Safety Administration (NHTSA), the timeframe between midnight to 3 a.m. is the deadliest time on Illinois roads. From 2005 to 2008 in Illinois, more motor vehicle fatalities occurred between midnight and 3 a.m. than any other time of day. There was also a high number of fatalities occurring from 9 p.m. to midnight.
There is a higher rate of alcohol involvement in late night accidents as well. From 2005 to 2008, 67 percent of the motor vehicle fatalities occurring from midnight to 3 a.m. involved a drinking driver.

During the nighttime hours, motorists buckle up at a much lower rate. From 2005 through 2008, the midnight to 3 a.m. and the 3 a.m. to 6 a.m. timeframe had the lowest belt use involving motor vehicle fatalities. Only 27 percent of those who died in crashes during this timeframe were properly restrained.

On the night of Saturday, August 29, 2009, a man from Essex, Illinois was killed after the driver of another car ran a stop sign and their cars collided. The man and his wife were driving southbound on Route 129 in a Hyundai Tiburon when a man in a Chrysler 300M sedan headed west on Stripmine broadsided their vehicle.

The crash occurred about 6:50 p.m. at the intersection of Highway 129 and Stripmine Road just west of Wilmington, Illinois.

View Larger Map

All three individuals were taken to Provena Saint Joseph Medical Center in Joliet where the Essex man was pronounced dead.

The other driver resides in Oak Forest, Illinois and was cited for failure to reduce speed and disobeying a traffic signal.

Continue reading "ESSEX, ILLINOIS MAN KILLED IN A CAR CRASH AT AN INTERSECTION" »

In an effort to make the roads safer, Palos Park, a southwestern Chicago suburb, now offers a form on the Palos Park Police Department website, which can be used to inform the police of speeding, reckless driving, unsafe lane changes, failure to stop and intoxicated driving. When the police receive the form, an officer will investigate the information and speak with the drivers or their parents. The form is intended to make dangerous drivers aware that others are concerned with their unsafe driving.

No citations will be issued as a result of the form.

Continue reading "PALOS PARK OFFERS A FORM TO REPORT BAD DRIVERS" »

As a personal injury attorney in Chicago who handles car crash cases, I have seen the devastating effects of driving while distracted. Sadly, many of the injured people whom I have represented are teenagers who were in a vehicle with a teen driver. In Illinois, teenagers are given driving privileges and it is my opinion that they need to be fully aware of the responsibilities, as well as, the risks that accompany those privileges.

There has been debate in the media regarding a graphic public service announcement video that was produced in Wales and is intended to be shown to teenagers in the United States. The texting-while-driving video depicts a teen driving with another teen and texting. Due to the distraction, the teen driver drives head first into another car. The teens are shown bloodied and dazed when a third car careens into the passenger side. The driver looks over to see her friend has died and the scene changes to show a young child asking why her parents are not waking up.

I agree that the video is unsettling, but its message is strong and just might prevent a horrible tragedy involving distracted driving.

Continue reading "PSA VIDEO DEMONSTRATING THE DANGERS OF TEXTING WHILE DRIVING IS CAUSING A CONTROVERSY" »

An accident in southern Minnesota involving a vehicle with Illinois plates left four dead on Wednesday. The accident happened in a construction zone. Investigators say a Toyota veered into the wrong lane and was hit by a semi. The semi then lost control and hit a van. Officials don't believe weather played a factor in the accident, though the road was wet from rain just minutes prior to the accident.

A 62-year-old woman in the Toyota with Illinois plates and three people a van with Iowa plates were killed. The semi driver, an Iowan, was uninjured.

It is imperative to drive the speed limit in construction work zones. According to the Illinois Department of Transportation (IDOT), 21 people were killed in construction zone crashes in 2007.

IDOT offers the following safety tips for driving through work zones:

*SLOW DOWN: Posted speed limits in a work zone are not a suggestion; they are the law. Speed limits are there for your safety as well as the safety of the construction workers. Dangers still exist in work zones even if workers are not present. The Illinois State Police has zero tolerance for speeding in work zones and fines are doubled.

*PAY ATTENTION: Traffic patterns in work zones can change several times per day. Even drivers familiar with a particular road or work zone should be on the lookout for new lane closures and changing traffic patterns. Don't take anything for granted in a work zone. Expect the unexpected.

*FOLLOW THE SIGNS: Signs, arrowboards and flaggers are not there to make your life more difficult. They are there to help safely guide you through a work zone. Merge early when approaching a work zone; don't wait until the last moment.

*DON'T FOLLOW TOO CLOSELY: One of the most common crashes in a work zone is a rear-end collision. Drivers should make sure that they can safely stop if traffic backs up. Be sure to allow at least two seconds between your vehicle and the one in front of you and do not change lanes in a work zone.

*BE PATIENT: Most of the time a work zone will require a lane closure, so a driver will have to slow down well below the speed limit and should be prepared to stop if congestion is heavy or if construction equipment is being moved in the area. Impatience or anger will not get you through the work zone faster.

*TURN ON YOUR HEADLIGHTS: Workers and other motorists need to be able to see your vehicle. Truckers should use their emergency flashers to warn trailing motorists that you are slowing.

The most dangerous intersection on the Illinois side of the Quad Cities, racking up 29 crashes in 2007 alone, is Kennedy Drive and Avenue of the Cities in East Moline. The Bi-State Regional Commission performed a study using data from 2007 and highlighted 23 accident-prone intersections in the Quad Cities. The Commission considered intersections with more than seven accidents, sevrity of those crashes involveing property damage, injury and fatality, and a ratio of crashes per 1 million vehicles.

Intersections studied on the Illinois side of the Quad Cities accounted for 258 crashes and 119 injuries. Of the intersections considered in Illinois, three of them occurred on John Deere Road -at 16th Street, 38th Street and 41st Street, respectively. Moline police credit congestion for the high accident rate and note that the road wasn't built to accommodate that many cars.

The Illinois and Iowa Departments of Transportation plan to make 30 million dollars worth of improvments to the roads in the Quad Cities to help ease congestion and reduce accidents, but are also considering a variety of less costly ways to reduce the accident rate, including the installation of red light cameras. Other smaller changes being considered to improve safety and aware driver awareness include adding more street signs and rumble strips, re-striping of the roads, creating a protected left turn and updating traffic signals.

A seven-county survey performed by the Chicago Sun Times has found that motorcycle crash rates have increased significantly in the Chicago area in the last two years. A primary explanation of this spike is due to the increased number of motorcycles out on the road. According to the Illinois Secretary of State's office, the number of motorcycles registered in Cook County and the collar counties in 2008 was up 6% from 2006.

Cook County, not surprisingly, had the highest number of motorcycle crashes, recording 1,309 in 2006, 1,592 in 2007 and 1,654 in 2008. Only Kendall County reported a decline in crashes, with 40 in 2005, 37 in 2007 and 33 in 2008. Every other collar county (DuPage, Kane, Lake, McHenry and Will) all recorded increases each year. The total number of crashes for Cook and the outer-lying collar counties in 2006 was 2,180. This figure jumped nearly 22% percent in 2008 with 2,663 crashes recorded.

Despite the rising number of crashes, the number of actual motorcycle fatalities in the Chicago area rose only slightly between 2006 and 2008. Nevertheless, the National Highway Traffic Safety Administration (NHTSA) reports that the national rate of motorcycle death rose 2.2% last year. Fortunately, the NHTSA also reports some happier news: the death rate for passenger vehicles dropped 13% last year.

The Hurt Study, which is the most comprehensive motorcycle study to date, concluded that the predominating cause of motorcycle accidents is the failure of motorists to recognize the presence of motorcyclists on the road. This has important ramifications for everyone on the road. As drivers, we need to be more aware of what is going on in our surroundings. Be alert and limit your distractions by putting your phone out of reach or even turning it off. As motorcyclists, we need to drive more defensively, recognizing that drivers may very well not see us, and actively make ourselves more visible by wearing reflective clothing and using other protective equipment. If you or a loved one ride, consider taking a safety course.

Continue reading "MOTORCYLE CRASHES ON THE RISE IN CHICAGOLAND AREA" »

A 20-year-old ATV driver pleaded guilty to a felony charge of aggravated reckless driving last week in Morris, Illinois. The driver further pleaded guilty to operating a vehicle with a willful disregard for the safety of its passenger by driving the vehicle without an operating headlight and colliding with a Morris police squad car. A judge sentenced the driver to 60 days in the Grundy County Jail, 30 months probation, 200 hours of community service and a $200 fine. The judge also sentenced the driver to periodic drug testing and banned him from entering businesses that primarily serve alcohol and from drinking alcohol.

The accident occurred nearly one year ago when a police squad car was investigating a report that an ATV was in or near a local cemetery. The police car was traveling eastbound on Cemetery Road when the ATV attempted to cross in front of the car but collided with it. A 19-year-old male passenger on the ATV suffered fatal injuries in the accident.

Grundy County prosecutors felt jail time was necessary despite requests from the victim's mother that the driver be spared jail time. Charges of aggravated DUI and reckless homicide were dismissed.

ATV crashes are usually the result of the person driving irresponsibly and not paying attention. The dangers associated with the improper operation of an ATV are typically the result of young, inexperienced drivers.

If you're going to ride an ATV you should always wear protective clothing and a helmet. Investigate your local area for ATV rider education programs which show you the best rider safety instructions. Do not carry a passenger on the ATV and, whenever possible, avoid riding upon public roadways. Safety education and supervision is very important and could very likely save the your life or that of your child.

On July 23, 2009, a Newton Superior Court sitting in Kentland, Indiana, approved a one million dollar settlement for four individuals who sustained injuries on October 31, 2007. The Law Offices of Jeffrey J. Kroll represented one of the passengers. That passenger received $943,000.00 of the one million dollar settlement proceeds. The plaintiff, a passenger in the commercially-owned vehicle, sustained serious, permanent injuries resulting in paralysis from the waist down when she was thrown from a vehicle that was making a turn. The three other passengers in the vehicle settled their respective cases for a total of $57,000.00.

Continue reading "ONE MILLION DOLLAR SETTLEMENT IN INDIANA CAR CRASH CASE" »

The U.S. Department of Transportation recently announced that the number of overall trafffic fatalities reported in 2008 hit their lowest level since 1961 and that fatalities in the first three months of 2009 continue to decrease. The fatality rate, which accounts for variables like fewer miles traveled, also reached the lowest level ever recorded.

The number of fatalities in 2008 was down 9.7% from 2007 with a highway death count of 37,261. The fatality rate was 1.27 person per 100 million vehicle miles traveled (VMT), about 7 percent below the rate of 1.36 recorded for 2007. Illinois fatality statistics reflected the national trend. In 2008 there were 1,043 traffic fatalities, down an impressive 16% from 2007 in which 1,248 people were killed in car accidents. In both 2007 and 2008, 35% of Illinois traffic fatalities were alcohol-related.

Nationally, the first quarter of 2009 continued this trend with 7,689 fatalities, which represents a 9% decline from last year. January-March 2009 marks the twelfth consecutive quarterly decline.

Unfortunately, the 2008 statistics report that motorcycle deaths increased for the 11th straight year and now account for 14% of all highway fatalities.

Transportation Secretary Ray LaHood acknowledged the decrease in fatalities but maintained that "we still have a long way to go." LaHood credited increased seat belt use, safer roads and highways, better vehicle safety and the curtailing of impaired driving with the declining death rate.

A woman driving her minivan carrying two of her children and three young nieces drove onto a suburban parkway heading in the wrong direction, leading to a fiery crash that killed eight people and left a 5-year-old boy severely injured.

The minivan involved in the fatal crash was traveling south in the northbound lanes when it hit an SUV and then careened into a third vehicle. The minivan rolled down an embankment and burst into flames.

The children who died were girls ages 2, 5, 7 and 9. The fifth child, a boy, age 5, was hospitalized.

According to the National Highway Traffic Safety Administration's Fatal Accident Reporting System, in the United States, about 350 people are killed each year in accidents caused by drivers headed in the wrong direction on the highway.

Continue reading "WRONG WAY CRASH KILLS 8 IN NEW YORK" »

The Illinois Department of Transportation's Division of Traffic Safety recently released its findings of a June 2009 observational study regarding seat belt usage in Illinois. The study was conducted statewide during June on both high volume state highways ad low volume local roads and residential streets. The survey was conducted between 7:00 a.m. and 6:30 p.m. and observations were restricted to front seat occupants of cars, SUVs, taxis, vans and pickup trucks.

126,680 front seat occupants were observed during the survey which provided a statistically representative sample of the state as a whole. Of the 126,680 people observed a whopping 91.7% were wearing their seat belts. This represents a shocking 76% increase over results from a 1985 seat belt survey when only 15.9% of front seat occupants were observed using their seat belts. Indeed, 2009 marks the highest usage rate ever since the annual survey began 24 years ago.

The collar counties (DuPage, Kane, Lake, McHenry and Will) had the highest usage rate at 93.1%, closely followed by the downstate counties at 93.0%. Cook County had a seat belt usage rate of 90.2%. The city of Chicago had the lowest seat belt usage rate at 86.8%.

Of the various road types on which front seat occupants were observed, people on the interstate highways used their seat belts the most. Of the 34,255 people observed on the interstate, 95.3% of them were wearing their seat belts. On Illinois highways, 91.3% were observed wearing their seat belts. Residential roads saw the lowest seat belt use rate with a respectable 89.9%.

The survey also found that people were more inclined to buckle up on the weekends (92.9%) as opposed to the weekdays (90.3%).

These are some excellent statistics and I hope they continue to improve over the years so that one day Illinois will have a 100% seat belt usage rate. There is no question that seat belts save lives, so remember to always buckle up.

The Law Offices of Jeffrey J. Kroll has been retained by the family of Wesley VanValkenburg to pursue a potential wrongful death case in Kauai. On Saturday, June 20, 2009, the 30-year old, his wife and their son were driving near the Wailua golf course when a crash took place that tragically ended Wesley's life. A collision occurred between a motorcycle and a big rig truck and the truck crossed the center line and struck the family's rental car. Both vehicles ended up in a nearby ditch. VanValkenburg and the truck driver, 25-year old Scott Aviguetero, were both killed. VanValkenburg's family survived. The wife and son were transported to the hospital and treated for their injuries.

The Kauai Police Department is investigating the crash.

Wesley was the youngest of five siblings, a firefighter and a paramedic. Sadly, this young family has been deprived of their loving husband and devoted father.

Continue reading "CHICAGO PERSONAL INJURY LAWYER JEFF KROLL RETAINED TO REPRESENT FAMILY OF UNION, ILLINOIS MAN KILLED IN HAWAII" »

There are over 8 million large trucks that travel United States roads every day. Unfortunately, many of these drivers are operating on very little sleep. Truck driver fatigue is one of the major causes of trucking disasters in our country. Sadly, many large trucking companies are pressured by profit margin and companies are placing deliveries over the public’s safety.

According to the Federal Motor Carrier Safety Administration, more than 750 people die and 20,000 more are injured each year due directly to fatigued truck drivers.

If you have been injured or a loved one has been killed in a fatal tractor/trailer truck collision, it is important to consider your legal options. Several factors are considered when an attorney investigates a collision. Our law firm and expert witnesses can review the driver’s log to determine the number of hours of driving leading up to the collision. When taking the deposition of the driver, our experience in depositions and truck accident trials allows us to craft questions about the driver’s period of sleep or sleep immediately prior to the accident as well as his long-term sleep activities and driving schedule. Some of this information will then be compiled and can be a good indicator of whether driver fatigue was a factor in a collision. Similarly, our firm considers the driver’s working conditions to see if his or her work environment or company guidelines contributed to their lack of sleep. Quite often, a truck driver’s working conditions can be a factor contributing to driver fatigue. Some drivers that are paid by the mile or by the load have a financial incentive to drive without sufficient periods of sleep. Unfortunately, this financial incentive is a safety disincentive to the motoring public.

Continue reading "TRUCK DRIVER FATIGUE PLAYS A ROLE IN ACCIDENTS" »

One week ago, a young mother and her 4-year-old son were killed in a head-on collision after the driver in the oncoming car fell asleep at the wheel. The 17-year-old driver of the oncoming car admitted to police that he was returning from an all-night fishing trip. He was cited for driving under the influence of marijuana, driving too fast for conditions and driving in the wrong lane.

The Tazewell County State's Attorney's Office may press criminal charges against the teen for reckless homicide or aggravated driving under the influence. Prosecutors are awaiting blood test results for drugs and alcohol before formally charging him.

The 27-year-old mom and her 4-year-old were heading to mud pits in Manito, Illinois where they were going to join friends and go off-roading in 4-wheel-drive trucks. A benefit fund has been established at all CEFCU locations to help pay for funeral expenses.

This story underscores the importance of never operating a vehicle when under the influence of alcohol and/or drugs. Substances impair judgment, and slow down the central nervous system which causes a decrease in motor coordination, reaction time and intellectual performance. Driving while drowsy can be just as dangerous. Never drive when you are too tired. Falling asleep at the wheel can have catastrophic results.

My most heartfelt condolences to the family of these two lives cut short. This accident was completely preventable and it is my hope that the teenager responsible for this horrific tragedy is prosecuted to the full extent of the law.

A new report published in the journal "Traffic Injury Prevention" concludes that October has the highest death rate per distance driven. In fact, the danger of dying in a car accident is 16 percent greater in October than in March, the safest month.

Researchers analyzed monthly fatal car accident figures in the U.S. from 1994 to 2006 and found October had a death rate of 10.2 per billion kilometers, compared with March's 8.8 per billion kilometers. The next deadliest months were November and December, respectively. February and April are the next safest after March.

Michael Sivak, of the University of Michigan Transportation Safety Institute in Ann Arbor and author of the report, was not able to determine the reason why October driving is more deadly than March driving. He believes it is the result of several factors. A key factor could be daylight, however. The shortening of the daytime coupled with the end of Daylight Savings Time results in more hours of darkness when driving is substantially riskier.

According to the study, traffic deaths in the U.S. fell from 10.7 to 8.8 per billion kilometers driven from 1994 to 2006. Additionally, the National Highway Traffic Safety Administration recently announced that 7,689 motorists were killed in January through March this year, a 9 percent decline from a year ago and a low not seen in nearly 50 years. Although these are hopeful statistics, traffic safety advocates say there is little room for pride or complacency. The reality is that the majority of traffic fatalities result from preventable accidents. Distracted driving, failure to use a seat belt, dozing at the wheel, and driving recklessly or under the influence account for a number of traffic deaths. These are all things that you, as a driver, can control. Put away your cell phone. Buckle up. Stay alert. Don't drink and drive. Drive with care. With a continued concerted effort by conscientious drivers, these statistics can improve even more.

Continue reading "OCTOBER DEADLIEST MONTH FOR DRIVING" »

The Village of Schaumburg removed red-light cameras near Meacham and Woodfield Roads, citing no improvements in safety and a flood of angry-motorist grief, after cameras at the single intersection netted more than $1 million in tickets.

I have previously blogged about the use of red light cameras and about a Chicago Alderman's wish for safety school for red light offenders.

Eighteen people were transported to local hospitals Monday afternoon after a semi-truck collided with a charter bus that was bringing students to Manhattan, Kansas after returning from Kansas City, MO. The bus was reportedly attempting to make a U-turn when it was rear-ended by the big rig.

Of the eighteen people injured, one person was reported to be in critical condition, four were treated and released and three were admitted to the hospital. Among the injured passengers is a baby.

Continue reading "CHARTER BUS CRASH IN KANSAS" »

A motorcycle and an automobile collided late Sunday night in Humboldt Park, injuring six people. Four of the six were in critical condition. All six were taken to area hospitals.

Early reports don't indicate whether the motorcyclist was wearing a helmet. Illinois is one of just a few states in the country that does not require motorcycle riders to wear helmets.

The Illinois Department of Transportation reports that while overall traffic fatalities were down in 2007, motorcycle fatalities rose by more than 18%. Illinois recorded 135 motorcycle fatalities in 2008. A majority of fatal crashes happen between May and September, when more motorcycles are on the road. July and August account for the most fatalities.

The legislative coordinator of ABATE of Illinois, an organization dedicated to preserving the rights of motorcyclists, says that prevention of accidents is the key.

The Illinois State Police offer these safety tips to motorcycle riders:
* Wear a helmet and other protective gear.
* Improve your visibility by wearing brightly colored clothing during the day and reflective clothing at night.
* Be alert for animals alongside and on the roadway.
* When riding with another motorcycle, stagger your position. This allows both riders to take evasive action safely should the need arise.
* Be aware of what's ahead. Safe riders remain aware of developing situations 12-16 seconds ahead. This includes other vehicles, potholes, roadway obstructions, and other potential hazards.
* Don't ride in the middle of the lane where oil and grease from cars and trucks collects. Avoid the potentially slick areas by riding in the tire tracks of other vehicles.
* Take a safety course.
* Never drink and drive.

Continue reading "MOTORCYCLE AND CAR COLLIDE IN CHICAGO NEIGHBORHOOD" »

A 24-year-old Wisconsin woman and her 16-month old son were killed in a car crash this past Friday night. Toxicology tests determined that the woman had a blood-alcohol level of .21, more than two and a half times the legal limit for driving in Illinois.

The crash occurred around 11 p.m. Friday night when the young woman's car, which was traveling southbound on the Tri-State Tollway near Russell Road, crossed a grassy median and struck a northbound car. The 16-month-old's car seat was ejected in the accident. Both mother and son died of multiple traumatic injuries. The woman's older child, a 2-year-old boy, was severely injured in the crash. He was taken by rescue helicopter to Advocate Lutheran General Hospital in Park Ridge. Reports say that his condition improved over the weekend. The four occupants traveling in the other car were treated and released at local hospitals.

According to Mothers Against Drunk Driving (MADD), someone is killed by a drunk driver every 40 minutes. In 2007, an estimated 12,998 people died in drunk driving related crashes. Fortunately this represents a 3.7 percent decline from the 13,491 drunk driving related fatalities of 2006, but nevertheless demonstrates that far too many people have died in completely preventable accidents.

My most heartfelt condolences to the loved ones of the family involved in this accident.

Two monorail trains at Walt Disney World collided early Sunday, killing a 21-year-old driver. The accident occurred when one of the trains rammed into the back of a stationary train.

There were eight people on board the train at the time of the accident. Six guests, all members of one family, were checked by paramedics at the scene and were uninjured. One other employee was taken to the hospital to be evaluated.

It is unclear what caused the crash. The monorail, which shuttles thousands of visitors around the resort each day, was shut down after the accident while authorities investigated the holiday weekend wreck. Disney is working with county authorities and the U.S. Occupational Safety and Health Administration in the accident investigation. Disney's vice-president for public affairs commented on the accident, calling it a "terrible day for us." He said Disney's commitment to safety is "legendary and...our top priority."

As an attorney in Chicago who represents victims of car crashes, I urge you to not speed in highway construction zones because the effects can be devastating. The state of Illinois is serious about speeding in construction zones as well and is issuing offenders speeding tickets.

Many people in Chicagoland may have received a chain email in recent weeks warning about speeding in highway construction zones. The warning highlights the risks of going even just a mile over the speed limit in construction zones (45 mph). Photo radar machines and police officers may issue citations of a $375 minimum fine for first time offenders and an $1,000 dollar fine - plus a 90-day license suspension - for repeat offenders. Also, under Illinois state law, drivers who hit or kill a worker on the road may incur a $10,000 fine and 14 years in prison.

Continue reading "DO NOT SPEED IN HIGHWAY WORK ZONES!" »

While many in Chicagoland were enjoying the Fourth of July festivities offered throughout the area, a 24-year-old Wisconsin woman and her 16-month-old son died on Friday, July 3, 2009 on the Tri-State Tollway near Wadsworth. Her 2-½-year-old son, who was also in the car, was critically injured.

The crash happened when the 2002 Chevrolet Cavalier the Wisconsin woman was driving south on I-94 crossed the grassy median of the highway and collided head-on with a northbound 2004 Toyota Camry driven by an Orland Park woman. The driver and passengers of the Orland Park woman's car survived the crash.

Open alcohol was found in the Wisconsin woman's car after the crash.

Four teenagers were recently killed and another critically injured after another car struck them head-on. According to Santa Fe County deputies in New Mexico, a driver of a jeep going the wrong way on the highway, the driver of the jeep was headed west in the eastbound lanes of Old Vegas Highway on mile marker number 5 near Santa Fe when it crashed into the teenager’s Subaru shortly after midnight Sunday.

The lone survivor of the Subaru was taken to the University of New Mexico Hospital in Albuquerque after the accident. The police officer who arrived on the scene after the incident noticed that the driver of the jeep exhibited signs of being intoxicated. The jeep driver has one previous DWI on his record, which occurred in 2001. In addition to 4 counts of vehicular homicide and one count of great bodily injury by vehicle, additional charges are pending the outcome of blood-alcohol tests.

It is shameful that in these types of cases, the drunk driver of the vehicle at fault escapes with his life while five families have been shaken due to the deaths of four girls and the severe injuries of another.

A 17-year-old girl from Eureka, Illinois was killed Thursday afternoon in a single-vehicle accident. The teen swerved to avoid an oncoming car after she veered into the oncoming lane of traffic. Her SUV rolled several times in a ditch and she was ejected.

Early reports indicate that the young lady was texting while driving. The County Coroner said that another driver called 911 to report the accident just seconds after the teen's phone received the last text message.

The Illinois General Assembly has passed a bill that would ban text messaging while driving. The bill is awaiting the governor's signature.

This story is just one of hundreds of examples that prove the danger of texting while driving. Researchers at Eastern Virginia Medical School and Children's Hospital of the King's Daughters in Norfolk enlisted 21 teens between the ages of 16 and 18 to take part in a series of simulated driving experiments. The research subjects first drove through virtual scenes without distractions. They then drove through the same scenes while text messaging, while talking on a cell phone, and while operating an MP3 player. The findings, although not surprising, were frightening.

The researchers concluded that the teens' driving was worst when they were texting. The researchers attribute this to having to look down in addition to using your fingers when texting. When distracted, the teens did worse in urban settings, but whether driving in a virtual city or on a virtual country road, they did performed worst while texting. The study shows that distracted drivers changed speeds, slowed down dramatically, and wove more than a foot outside their simulated lane.

The American Automobile Association concludes that the rise of a car accident increases by 50% for people who text message while driving. The dangers are obvious, yet people continue to put their lives and the lives of others at risk when they send text messages while driving. The governor cannot enact this law fast enough. The danger is real. Lives are needlessly being lost in an instant due to texting while driving. It needs to stop.

This is the weekend prior to the Fourth of July holiday and the weather in Chicagoland has been beautiful. Summer is certainly in full swing. As a Chicago personal injury attorney who has seen the tragic results of many severe summertime car crashes, I urge you to be cautious on the roadways as you travel for vacation, to baseball games, BBQ's and the various other summertime events.

Compared to the spring months, there are a higher number of fatalities on the roadways in Illinois in the summertime. Sadly, there have been a number of fatal accidents over the weekend in Chicagoland.

On Friday, June 26, 2009, there was a five-car crash Friday night at Route 41 and Buckley Road in North Chicago. One woman died in the crash.

On Saturday, June 27, 2009, three men were killed and a fourth injured in a head-on collision involving a taxicab and a passenger car on Lake-Cook Road in Kildeer.

Both drivers in the crash were dead on the scene at Lake-Cook Road and Park Hill Drive in Kildeer and one of two passengers in the crash died after being taken to Advocate Good Shepherd Hospital in Barrington following the crash.

The crash involved a taxicab and a gray Lexus which were driving on Lake-Cook Road.

Police said they were working on investigation and reconstruction of the crash. Investigators were seeking subpoenas for the so-called "black boxes" to better understand what happened.

Early Sunday morning (June 28, 2009), four people, including a 9-year-old girl and a 10-year-old boy, were injured around 1:50 a.m. in the 8300 block of South Chicago Avenue in the South Chicago neighborhood. A Chevy Blazer was traveling southbound on Chicago Avenue when the driver apparently lost control and the vehicle flipped over several times. No other cars were involved.

Continue reading "FATAL CRASHES IN CHICAGOLAND OVER THE WEEKEND" »

Recently, nine children and the drivers of the vehicles involved were injured after a crash on Highway 141 in Grimes, Iowa. A van from American's Children of Oakmoor was heading southbound on Highway 141 when a white van traveling northbound attempted to turn in front of the van the children were on board. The vans subsequently collided and the Oakmoor van was sent into a nearby ditch.

One of the children involved in the accident was airlifted to a hospital while the other eight were transported to neighboring hospitals in ambulances. Fortunately, seven of the children were released while the condition of those remaining in the hospitals is unknown.

Continue reading "CHILDREN HURT IN IOWA AUTOMOBILE ACCIDENT" »

As summer travel season approaches, the National Highway Traffic Safety Administration (NHTSA) is urging all 15-passenger van users to take appropriate precautions to guard against the possibility of a tragic rollover crash.

NHTSA research shows that 15-passenger vans have a much higher rollover risk than other passenger vehicles, especially when fully loaded with passengers and luggage. In fact, a May 2009 research note published by the NHTSA reported that 15-passenger vans with 10 more occupants have a rollover rate in single vehicle crashes that is nearly three times the rate of those that had fewer than five occupants. In 2007 fatalities to occupants of 15-passenger vans increased nearly 20% from the previous year.

If you or a family member are planning to take a trip in a 15-passenger van this summer, here are some safety tips offered by the NHTSA to ensure the trip is a safe one:

* Make sure all passengers are using their seat belts at all times. The NHTSA reports that 80% of occupants killed in van rollovers were not wearing their seat belts at the time of the crash.

* Make sure the driver has training and experience. Driver inexperience has been a major contributing factor in van crashes.

* Pay special attention to tires prior to a trip. Examine tires for signs of wear and aging, and always check to see if they are properly inflated to the pressure recommended by the manufacturer. Improperly inflated tires are another common contribution to rollover crashes, especially if the van is fully loaded with passengers and luggage.

Be safe on the road this summer and remember to buckle up!

A 26-year-old Homer Glen man died after crashing head-on into a viaduct in Riverdale early Saturday morning. A witness told police that the young man appeared to be asleep at the wheel or maybe texting when he crashed into a viaduct underneath Metra railroad tracks. The crash happened about 6:30 a.m. on eastbound 138th Street at Illinois Street.

The Homer Glen resident was pronounced dead on the scene. He was the only person in the vehicle and was not wearing a seat belt.

While police do not suspect alcohol or speed contributed to the crash, the Suburban Major Accident Reconstruction Team is investigating the accident.

Stories like this should remind all of us to be alert when we drive and to always wear our seatbelts. The US Department of Transportation's National Highway Traffic Safety Administration (NHTSA) estimated that 37,313 people were killed in motor vehicle traffic crashes in 2008. It's the lowest number of deaths on U.S. roads since 1961. The NHTSA credits this accomplishment with an increased use of seat belts nationwide.

The NHTSA reports that Illinois had a 90.5% seat belt usage rate in 2008. This is a drastic increase from the 71.4% usage rate back in 2001. There is no question that seat belt usage has contributed to fewer deaths on the road and it is my hope that we continue to see a decrease.

My deepest condolences to the family and friends of this young man.

Continue reading "CHICAGOLAND AREA MAN DEAD AFTER CRASHING INTO CONCRETE VIADUCT" »

A crash involving two cars occurred Thursday, June 18, 2009 around 7:40 p.m. near South Cicero Avenue and West 61st Street. Chicago Police Department (Wentworth Area) detectives are conducting a homicide investigation into whether one of the vehicles intentionally attempted for force another vehicle or pedestrian off the road. It is unclear if the drivers and occupants of the two vehicles knew each other or if this was a case of serious road rage.

After the crash, two people were in serious-to-critical condition and three people were in good-to-fair condition; however, the Chicago police were notified early Friday that one of the individuals had died at Christ Hospital.

Continue reading "CAR CRASH IN CHICAGO NEAR MIDWAY AIRPORT KILLS ONE AND INJURES FOUR" »

A 35-year-old Country Club Hills man was killed and his passenger injured early on June 15, 2009 in a crash at 143rd Street and Harlem Avenue near Orland Park. According to Cook County Sheriff's police, the crash happened about 2:30 a.m. when the man driving the car westbound on 143rd Street went through the red light and was struck on the driver's side by a semi truck northbound on Harlem.

The crash forced the county to close Harlem Avenue between 135th and 151st streets until 8:30 a.m.

This intersection does not have red light cameras installed. There is no indication that such cameras would have prevented the crash. However, cameras may have provided additional details regarding the cause of the crash if there was footage of the incident.

An 18-year-old man died Sunday from injuries he sustained in an all-terrain vehicle (ATV) crash in southern Illinois. The Collinsville man was riding an ATV in rural Williamson County when the vehicle apparently hit a tree. He was airlifted to a hospital in Evansville, Indiana where he was later pronounced dead.

In 2003, there were an estimated 740 deaths associated with ATVs, including 140 reported deaths that involved children. In 2004, an estimated 136,000 ATV-related injuries were treated in hospital emergency rooms. In Illinois, 11 people were killed in ATV crashes in 2006. More than half of those killed were under the age of 18. More than 1,600 people were injured in ATV accidents in Illinois in 2006. More than one-third of those injured were under the age of 20. According to the U.S. Consumer Safety Product Commission, 92% of all ATV related fatalities are the result of warned-against behaviors, such as not wearing a helmet, riding on public roads, youth riding unsupervised and carrying a passenger on a single-rider ATV.

Like other activities involving high speeds and heavy machinery, riding an ATV can be dangerous. To stay safe, keep these tips in mind:

* Get trained. Formal training teaches drivers how to control ATVs in typical situations. Click here to find out where you can take an ATV driving course.
* Wear a helmet. As with motorcycle and bicycle riding, helmets are KEY to preventing fatal injuries. Wearing a helmet may reduce the severity of head injuries. In addition, wear over-the-ankle boots, goggles, gloves, long pants, and a long-sleeved shirt to protect against cuts, abrasions, and other injuries from rocks, trees, and other debris.
* Do not permit children to drive or ride adult ATVS. Children are involved in about 1/3 of all ATV-related deaths and hospital emergency room injuries. The majority of these deaths and injuries occur when a child is driving or riding on an adult ATV. Children under 16 on adults ATVs are twice as likely to be injured as those riding youth ATVs.
* Do not drive ATVs with a passenger or ride as a passenger.
* Don't ride on pavement and avoid unfamiliar terrain.
* Don't ride under the influence. Alcohol and drugs impair reaction time and judgment, two essential skills for safe ATV use.

Remember, ATVs are not toys! They are powerful and potentially dangerous vehicles that can travel at speeds in excess of 60 miles an hour and can weigh more than 700 pounds. Keep safety first and foremost in your mind when you are riding an ATV. Many of the deaths and injuries that result from ATV accidents are preventable. Ride safely.

Golf season is upon us. Like all sports, care and caution should be used to prevent injury. Sadly, over the weekend, a 78-year-old Gold Coast woman died after being struck by a golf cart at Idlewild Country Club, 19201 Dixie Hwy. in Flossmoor. An autopsy scheduled for today will reveal if the injuries she sustained caused her death.

The decedent was an avid golfer and well-known commercial real estate broker at Rubloff Residential Properties who focused on high-end residential properties on the Gold Coast and in Old Town and Lincoln Park.

Flossmoor police said Cook County sheriff's police were investigating and would only say that the incident happened in the afternoon on Sunday.

Continue reading "CHICAGO WOMAN DIES AFTER BEING STRUCK BY A GOLF CART AT A FLOSSMOOR COUNTRY CLUB" »

The Chicago Sun-Times reported that a construction worker suffered leg injuries earlier this week when he was struck by a vehicle while picking up equipment on the Dan Ryan Expressway on the Near South Side. The worker on foot was picking up equipment in the southbound lanes of the Dan Ryan near West 26th Street when he was struck around 4:30 a.m. on Wednesday. He was taken to Stroger Hospital in serious-to-critical condition. Downstate, two different wrecks in a 24 hour period near construction zones brought traffic on Interstate 57 in Franklin county to a standstill earlier this week. And earlier this spring, two people died and one was injured in a fiery four-vehicle crash that shut down the Interstate 80 for more than three hours. This is just a sampling of countless stories of construction workers and motorists being injured or killed in work zones by drivers who are speeding or who are simply inattentive.

81 people were killed in work-zone related accidents in a two year span from 2006 to 2008 ; 29 in 2006, 21 in 2007 and 31 in 2008. The Illinois Department of Transportation (IDOT) and state officials are urging drivers to slow down and respect the workers and the construction projects. Motorists need to obey the posted speed limit in a construction zone regardless of whether there are workers present or not. According to Priscilla Tobias, the State Safety Engineer for IDOT, "Conditions such as narrow or reduced lanes, edge drop offs, equipment next to moving lanes of traffic and lane closures all require a reduction in speed within the work zone. This reduction in speed will not only help save a life of a worker, but it may very well save your life."

IDOT hopes to achieve zero worker fatalities and reduce the number of work zone crashes by five percent each year. to help achieve this goal, IDOT is urging drivers to slow down, put away your cell phones and limit other distractions as a work zone has many different situations happening that need your undivided attention.

If drivers aren't persuaded by these cautions, perhaps they will be persuaded by the possibility of a minimum $375 fine for speeding in a work zone. This fine increases to $1000 plus a 90-day license suspension for the second and any subsequent offenses. These fines apply regardless of whether workers are present in the work zone at the time of the offense. IDOT plans to use photo speed enforcement vans to reduce speeding in work zones. The photo speed enforcement vans are clearly marked and have a speed indicator board mounted on top displaying the motorist's speed, giving them time to reduce their speed before entering the enforcement zone. If a motorist fails to slow down after seeing their speed posted, a digital photo is taken of the vehicle, driver and license plate and sent in the mail to the registered owner of the vehicle.

Please, obey the posted speed limit in work zones and limit distractions so that everyone arrives home safely.

Red light cameras have been sprouting up all across the nation, nabbing drivers who violate red lights and arguably preventing accidents and saving lives. However, new studies conclude that these cameras actually INCREASE crashes and injuries. Consequently, opponents of the cameras have a new argument in their arsenal: safety.

A 2007 Virginia Department of Transportation study found that the cameras were associated with a 29% increase in total crashes. A 2006 Canadian study reported a whopping 58% increase in the number of traffic collisions from 2003 to 2004. The Washington Post found that crashes at locations with cameras more than doubled, from 265 in 1998 to 755 in 2004. Researchers found that people slam on their brakes to avoid getting a ticket in the mail. These sudden stops often result in rear-end collisions when the vehicle(s) following behind fail to react quickly enough.

Supporters of red light cameras argue that rear-end accidents are less serious than t-bone accidents, but the validity of this argument is in doubt. The Washington Post reported in 2005 that injury and fatal crashes at intersections with cameras increased by a startling 81%.

The debate regarding the use of red light cameras is certain to rage on. Personally, I can see both sides of the argument, but these studies highlight concerns that legislators should consider and discuss.

Continue reading "DEBATE IN ILLINOIS RAGES REGARDING THE USE OF RED LIGHT CAMERAS" »

Two teenage sisters from southern Illinois were killed in November 2007 when an Illinois State Police trooper crossed the median and slammed head-on into their vehicle.

A recently filed lawsuit alleges that the trooper was talking on his personal cell phone and driving 126mph just before the deadly crash. The trooper was reportedly responding to an accident, but evidence indicates that the accident was already under control and the injured passenger was already in an ambulance.

The trooper has been charged with two counts of reckless homicide as well as two counts of aggravated reckless driving in relation to two other people who were injured in the collision. Each homicide count carries up to five years in prison; each reckless driving count carries up to three years.

The family of the teenage sisters has sued both the trooper and the state. Because the State of Illinois is named as a defendant, the case will not be heard by a jury. Rather, the case will proceed through the Illinois Court of Claims and will be heard by a panel of seven justices appointed by the governor.

The 30-year old trooper has been involved in two other on-duty crashes and settled a separate civil lawsuit for $1.7 million.

My deepest condolences to the family of these two young ladies. Tragedies like this are preventable and regrettable.

Continue reading "LAWSUIT ALLEGES ILLINOIS STATE TROOPER WAS TALKING ON CELL PHONE, SPEEDING" »

At least nine people were reported injured when a car went off the road and collided with a CTA Blue Line train on the Eisenhower Expressway in Chicago, IL early on June 11, 2009.

Crews responded about 4:20 a.m. to a report of a crash with injuries on the inbound Eisenhower Expressway (I-290) near Austin Boulevard. According to police, the chain of events began when a 2008 white Dodge Charger driven by Jose Rivera, 31, of the 1500 block of North 31st Street in Melrose Park, rear-ended a woman driving a 2007 Ford Taurus, causing them both to lose control.

The woman struck a guardrail, but Rivera's vehicle flipped over and crossed the tracks.

The crash occurred in a construction zone where the speed limit is 45 miles per hour.

Rivera got out of the car and took off. The car was abandoned for a few minutes when the train hit it. Rivera was cited with improper lane usage and no insurance but further citations are pending the crash.

Continue reading "CAR COLLIDES WITH CTA BLUE LINE TRAIN ON EISENHOWER" »

Recently, City of Chicago Finance Committee Chairman Edward Burke introduced an ordinance aimed at red light offenders. Burke's ordinance directs the city's Department of Administrative Hearings to launch a "red light education program."

With this new program, red light offenders would complete an educational program similar to what most teenagers in the State of Illinois are required to complete after they run a red light. Bruke reasoned that in 2008, there was a 40% drop in teen deaths due in part to the educational programs. The alderman believes that the same treatment for adults could lead to significant reductions in the number of intersection automobile accidents.

The cost of this program would be funded by a $25 fee assessed to individuals in addition to their $100 ticket fees. Failure to complete the program would result in an additional $50 fine.

Burke also noted that 27% of the nearly six million roadway accidents each year occur at intersections. Alderman Burke would also like to utilize the red light cameras to determine insurance violations.

Currently, the City of Chicago has 143 red light cameras with an expected 39 more to be installed this year. The city projects at least 330 red light cameras by 2012. In the past year, the use of red light cameras resulted in 579,560 tickets and generated $44.8 million in revenue. During the first three months of this year, 148,612 tickets were issued because of red light cameras bringing in $13 million for the city.

Most importantly, the use of red light cameras has been credited with a 59% reduction in drivers running red lights. The Law Offices of Jeffrey J. Kroll supports any ordinance or legislation which would reduce or eliminate the number of traffic fatalities. All too often, people are killed due to carelessness at intersections.

Continue reading "CITY ALDERMAN WANTS SCHOOL FOR RED LIGHT CAMERA OFFENDERS" »

Two passengers standing on the top level of a double-decker bus were killed when their heads struck the Interstate 57 overpass on Illinois Highway 16 in Mattoon, just west of Charleston, IL. The 22-year-olds were returning on the rented bus from a day of boating at Lake Shelbyville, about 200 miles south of Chicago. There were about 50 people on the bus and most of the students were from Eastern Illinois University.

The tragedy occurred about 7:24 p.m. After the accident, the bus driver drove the victims to the Sarah Bush Lincoln Health Center in Mattoon. They were taken to Carle Foundation Hospital in Urbana, where they were pronounced dead Sunday morning.

One of the young men was from Yorkville, IL and the other from Clarendon Hills, IL, a Chicago-suburb. The young man from Yorkville was described in news reports as an avid outdoorsman. The young man from Clarendon Hills was an active member of his fraternity and his former roommate described him as "the nicest man you would ever want to meet." It is a horrible tragedy that these two individuals died in this preventable incident.

The last night in May was a tragic night in Chicago for motorcyclists as two men were killed Sunday night in separate crashes in the Chicago area.

A 32-year-old man was fatally injured in a motorcycle accident that occurred in the 2100 block of West Fullerton Avenue in Chicago. Also, a 38-year old man was fatally injured in a motorcycle accident at 26th Street and East End Avenue in Chicago Heights.

May was Motorcycle Awareness month. Last night's tragic deaths demonstrate the need for continued safety training and motorcycle awareness.

IDOT's Division of Traffic Safety proudly reports that Illinois has a 90.1% daytime seat belt usage rate, making Illinois one of only ten states in the country with more than 90% daytime seatbelt usage. But according to the National Highway Traffic Safety Administration (NHTSA), seat belt use goes down by roughly 10% at night. In 2006, 54% of all fatal crashes in Illinois occurred between 8 p.m. and 8 a.m. Nationally, over two-thirds of young drivers and passengers killed in nighttime crashes weren't wearing their seatbelts.

In response to these statistics, the Illinois Department of Transportation (IDOT) and Illinois State Police (ISP) are teaming up with more than 300 local police agencies to mount the largest ever nighttime safety belt enforcement effort in Illinois. During the holiday weekend, drivers will notice more enforcement out on the roadways checking to make sure every driver is buckled up. During the Memorial Day “Click it or Ticket” mobilization, motorists can expect more than 3,600 safety belt enforcement zones statewide, with almost 700 enforcement zones planned for after dark, the time when surveys show more drivers fail to buckle up.

The NHTSA reports that seat belts saved more than 15,000 lives in 2007. Transportation Secretary Ray LaHood calls the seat belt "the single most effective safety device ever invented." And he's right. Every hour, at least one person dies in the United States because he or she didn't buckle up. Failure to use a seat belt contributes to more fatalities than any other single traffic safety-related behavior. And if these statistics aren't enough to convince you to click it, just remember that if you don't, you face the possibility of a hefty fine.

Continue reading "CLICK IT OR TICKET IN ILLINOIS THIS MEMORIAL DAY WEEKEND" »

More Americans will be on the road this Memorial Day Weekend than last year, thanks to lower gas prices and special discounts at hotels. Indeed, nearly 40 million drivers are expected to fill highways this holiday weekend according to the U.S. Department of Transportation (DOT). The DOT reports that Memorial Day weekend is the third most perilous holiday for vehicular traffic. With that mind, please keep the following safety tips in mind:

1. Don't drive drowsy. According to the National Sleep Foundation's Report on Drowsy Driving, 1000,000 reported crashes, 71,000 injuries and 1,550 deaths every year are attributed to drivers falling asleep behind the wheel.

2. Wear your seat belt! The DOT reports that 50% of all vehicular deaths could have been prevented with seat belts. During the holiday weekend, drivers will notice more enforcement out on the roadways checking to make sure every driver is buckled up. The Illinois Department of Transportation (IDOT) and Illinois State Police (ISP) are teaming up with more than 300 local police agencies to mount the largest ever nighttime safety belt enforcement effort in Illinois. During the Memorial Day “Click it or Ticket” mobilization, motorists can expect more than 3,600 safety belt enforcement zones statewide, with almost 700 enforcement zones planned for after dark, the time when surveys show more drivers fail to buckle up.

3. Signal your intentions. Every move you make on the road impacts the decisions and actions of others. By signaling your intention to turn or change lanes, you ensure others are alert to your movements.

4. Do not tailgate. Leave a distance equal to one car length for every 10 mph. For example, if you are driving 50mph, you should fall back a distance equal to 5 car lengths from the vehicle in front of you. Move away from tailgaters and let them safely pass you.

5. Avoid standing water. If you must drive through water, do so slowly and avoid sudden use of your brakes, turning too sharply or excessive acceleration. If you hydroplane, do NOT hit the bakes. Reduce your speed by taking your foot off the accelerator and turning the wheel in the direction you want to travel.

6. Know pedestrian rights. Be aware of pedestrians at intersections and remember pedestrians have the right of way.

7. Turn on your headlights when visibility is low. While only 25% of the miles we drive are at night, about 50% of the fatalities occur at night time.

8. Obey the speed limit.

9. Stay alert! Talking on a cell phone, texting and reading maps can distract you from the road and lead to accidents.

10. Never drink and drive! Alcohol impairs judgment, motor coordination and ability to drive safely. Designate a drive or use public transportation if you plan to drink.

Over the weekend, as you remember the sacrifices of so many, show your respect for them and for life itself by exercising both common sense and courtesy on the road.

As a Chicago car crash attorney, I have seen a number of accidents involving hit-and-run drivers. In addition to the injuries to the occupants and the damage to the vehicle, drivers who leave the scene of a crash leave you without their insurance to rely upon to compensate you for your injuries. Although it may not fully compensate you for your injuries, your underinsured or uninsured motorist coverage may provide you with compensation for your injuries. You should contact an experienced attorney to assist you with your potential case.

On Sunday afternoon, there was a hit-and-run accident near 6900 S. Union Ave. A young man was injured. The car was a dark green sedan, believed to be a 1997 or 1998 Hyundai Sonata, and was traveling westbound on 69th Street.

The vehicle, which had an Illinois Temporary License Plate, is missing the front grill and might have windshield damage, police said.

Anyone with information about the hit-and-run incident should call the police Major Accident Investigation Unit at 312-745-4521.

Continue reading "DEALING WITH HIT-AND-RUN ACCIDENTS, UNDERINSURED AND/OR UNINSURED DRIVERS" »

An early Wednesday morning crash on Lake Shore Drive left two young men, ages 20 and 21, dead. The man allegedly responsible for that crash is just 25 years old himself. The accident involved two cars. Police believe both vehicles were traveling at a high rate of speed and lost control and "bounced off each other and then bounced off the [cement] wall."

The accident occurred shortly after the rain began around 3:00 a.m. on Wednesday. Authorities believe the rain aggravated driving conditions and made the road slippery.

The lone survivor of the accident, a 25-year old resident of Chicago's Wrigleyville neighborhood, has been charged with one count each of misdemeanor driving under the influence, misdemeanor failure to reduce speed to avoid an accident and misdemeanor operating a vehicle without insurance.

Less than 24 hours later, a second serious accident occurred in which an SUV traveling at a high-rate of speed crashed on Lake Shore Drive near Irving Park Road. The male driver and his female passenger were taken to Illinois Masonic in serious-to-critical condition.

Continue reading "CHICAGO MAN CHARGED IN DOUBLE-FATAL CRASH" »

U.S. Transportation Secretary, Ray LaHood said he planned to urge auto makers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest for each vehicle. If adopted, this new system would be a victory for parents who are constantly struggling and searching for the safest car seats for their children. Although federal regulators rate new cars for safety, there are no such systems in place for child car seats. Unfortunately, a child restraint that performs well in one vehicle may perform poorly in another due to fitting inadequately in the back seat.

Interestingly, European regulators require auto makers to include child seats in their crash tests of new cars. The safety ratings for those European vehicles is based in part on how they protect children. The United States’ safety ratings actually have nothing to do with children or car seats. The United States needs to do look at the European system as a model.

Although this is a step in the right direction, the Transportation Secretary indicated that he would push for a voluntary system at the present time. The Secretary also ordered National Highway Transportation Safety Administration (NHTSA) to institute more stringent safety standards for child seats and side-impact crashes. Side-impact crashes account for nearly one-third of infant highway deaths.

Continue reading "CAR SEAT TESTING STANDARDS NEED IMPROVEMENT IN THE U.S." »

May is motorcycle awareness month in Illinois. The Illinois Department of Transportation (IDOT), Illinois State Police (ISP) and Motorcycle Safety Advocate Groups are urging the motoring public to “Start Seeing Motorcycles” and to share the roads safely with motorcycles.

In Illinois, the number of traffic fatalities dropped from 1,248 in 2007 to 1,043 in 2008. In 2008, motorcycle fatalities decreased from 157 in 2007 to 135 in 2008. There has been a strong push towards motorcycle safety and teaching motorists to share the road with motorcyclists.

The following are some safety tips for motorcycle riders:

1. Although Illinois does not mandate wearing a motorcycle helmet, the use of approved helmets and protective body wear is strongly encouraged.
2. Wear brightly colored clothing during the day and reflective clothing at night. By doing so, motorcyclists improve their visibility and the chances that a vehicle will see them.
3. When riding with another motorcycle, stagger your position. By staggering your position, both riders are better able to take evasive action safely and promptly, should the need occur.
4. Do not be fixated with what is just beyond your front tire. Conversely, safe motorcycle riders should remain aware of developing situations anywhere from 12 to 16 seconds ahead of them. This is not limited to other vehicles. Roadway obstructions, animals and other potential hazards could impact your ability to stop. Twelve to sixteen seconds allows time to plan and react in a control manner.
5. Oil, grease and other fluids from vehicles generally collect in the middle of lane. Motorcycle riders should attempt to avoid these potentially slick areas and ride in the normal wheel tracks used by other vehicles.
6. Before proceeding through an intersection, check left, check front, check right and check left again. For a motorcycle, checking left is important because this is the first lane another motorist may be crossing. A motorcyclist should continue to scan the intersection in a clockwise pattern and emphasize the traffic approaching in front of them. Vehicles turning left in front of a motorcyclist account for roughly 77 percent of motorcycle crashes involving another vehicle.

Continue reading "PERSONAL INJURY ATTORNEY IN CHICAGO SUPPORTS MOTORCYCLE AWARENESS MONTH" »

Michael Dean, a 25 year old high school teacher from Johnston City, was hit and killed by an uninsured driver in July 2006.

In response to Dean's tragic and untimely death, State Senator Gary Forby (D-Benton), is sponsoring House Bill 370, also known as the Michael Dean Law. The legislation will make driving without insurance a Class A Misdemeanor for drivers who cause deadly accidents. Class A Misdemeanors are punishable by up to one year in prison. Currently, uninsured drivers are subject only to a $500 minimum fine and there is no additional penalty if the driver causes an accident. Incredibly, there is no penalty if the fine goes unpaid.

The Michael Dean Law has already passed the House and was endorsed 8-1 by a Senate panel last week. It will now move to the Senate floor for further debate. If approved by the full Senate, it will head to the governor's office for final action.

It is my hope that this legislation is signed into law and that it will encourage all drivers in Illinois to get insurance coverage as required by state law.

Continue reading "UNINSURED DRIVERS TO FACE STIFFER PENALITES IN ILLINOIS" »

With warmer weather bringing motorcyclists out on their bikes, Motorcycle Awareness Month couldn’t come at a better time. State troopers and the Illinois Department of Transportation (IDOT) want to keep riders safe on the streets and will be offering free courses for riders in hope of continuing to reduce motorcycle fatalities. Beginner rider courses and experienced rider courses are offered to reduce the likelihood and severity of crash involvement by teaching risk management skills and developing essential riding skills through both classroom and riding instruction.

Since the safety program began three years ago, overall motorcycle fatalities in Illinois have dropped more than 11 percent. Motorcycle fatalities decreased from 157 in 2007 to 135 in 2008. The Illinois State Police attribute this success to the expanded educational opportunities for riders and drivers. Chicago has also reported fewer fatalities; in 2007 there were only 12 deaths, compared to 21 in 2006.

As part of Motorcycle Awareness Month, the Illinois State Police and IDOT are advocating their “Start Seeing Motorcycles” campaign to remind motorists to be aware of bikers on the road and to remind all motorists to share the road.

Additionally, the Motorcycle Safety Foundation (MSF) is encouraging all motorcyclists to follow five critical safety messages:

1. Get Trained and Licensed: Take advantage of safety courses such as those offered by the Illinois State Police, and get licensed by the Department of Motor Vehicles.

2. Wear Protective Gear!! A helmet can be the difference between life and death. Illinois remains just one of three states that does not require riders to wear helmets...but just because you are free to not wear a helmet doesn’t mean you should! Keep in mind, 81% of people who died in a motorcycle accident in Illinois in 2007 were not wearing helmets.

3. Ride Unimpaired!! Do not drink or use drugs prior to getting on a motorcycle. Alcohol slows reactions and impairs function.

4. Ride Within Your Limits!! Do not ride faster or farther than your abilities can handle.

5. Be a Lifelong Learner. Regularly attend refresher riding courses.

“This is a great time of year, especially for motorcyclists, but they have to be mindful that riding is serious fun,” said MSF President Tim Buche. “It’s all about riders taking personal responsibility for risk management. Following these five guidelines should be a no-brainer for anyone who wants to enjoy a lifetime of motorcycle riding.”

Continue reading "CHICAGO INJURY LAWYER REMINDS YOU THAT MAY IS MOTORCYCLE AWARENESS MONTH" »

In another tragic accident involving driver inattentiveness, a cyclist was killed over the weekend. The cyclist was struck at a stop light by a Chevy Impala driven by a woman who was painting her fingernails at the time of the crash. As a Chicago personal injury attorney, I have seen too frequently the aftermath of driver inattentiveness. Drivers should be watching the road, not talking on the cell phone, looking at the scenery or changing the CD player.

The incident occurred at Route 12 and Old McHenry Road. The driver of the Impala told police she was painting her fingernails as she approached the red light at that corner, and she apparently didn't see the cyclist.

The cyclist was from Lake Zurich. "It appears to be a tragic accident and it appears [the cyclist] did nothing wrong," Lake County Sheriff's Office Sgt. Scott Morrison said. "She was just in the wrong place at the wrong time and she could not have done anything to avoid it."

The cyclist died from chest and abdominal injuries about an hour later at Advocate Good Shepherd Hospital in Barrington.

Morrison said the Impala's driver was cited with failure to reduce speed to avoid an accident and could face additional charges. He did not have the driver's name.

Continue reading "DRIVER CAUSES TRAGIC ACCIDENT WHILE PAINTING HER FINGERNAILS" »

A 13-year old boy from southern Illinois was crushed and killed by a dump truck Saturday in a bizarre accident. Investigators say the driver of the truck stopped when the gravel in back began shifting. He asked two boys to help him dump some of the gravel and offered to pay them. The boys began helping him unload the gravel from the back of the dump truck when the truck somehow tipped over and crushed the one boy.

The truck driver was taken into custody due to a suspended license and an outstanding warrant from California. Police have not said if charges would be filed against the driver for the accident that killed the young teen.

My most heartfelt condolences go out to the friends and family of this young man.

Continue reading "SOUTHERN ILLINOIS TEEN KILLED BY DUMP TRUCK" »

Car accidents can be very stressful for anyone involved, including children. There was a car crash involving three cars on Sunday, April 26, 2009 in Chicago's Woodlawn neighborhood and the news media reported that children were involved in the wreck. Four people were injured in the crash, including two adults and two children. The crash occurred at 63rd and King Drive. Emergency crews responded to the scene. One victim was taken to Stroger Hospital of Cook County and one adult and two children were taken to Provident Hospital.

In general, when children are involved in a car crash, it can be very unsettling for them even if they do not appear to be physically injured. Symptoms of acute stress disorder (ASD) can include frequent or upsetting thoughts or memories about the crash, avoidance of reminders of the crash, like refusing to get into a car; jumpiness or constantly feeling in danger; and dissociation or emotional detachment. Parents and caretakers should monitor the child's emotional reaction to the crash. Seek medical attention not only for the physical injuries, but also speak to a doctor or a counselor to ensure that the child's emotional well-being is stable after a traumatic experience, such as, a car accident.

Continue reading "CHILDREN IN A CAR CRASH SHOULD BE MONITORED FOR STRESS" »

According to the U.S. Department of Energy, drivers can benefit the environment by driving slower and less aggressively. The government agency reports that aggressive driving (speeding, rapid acceleration and braking) wastes gasoline. Aggressive driving can lower your highway gas mileage 33% and city mileage 5%.

Drivers should also avoid high speeds. Above 60 mph, gas mileage drops rapidly. The website, http://fueleconomy.gov shows how driving speed affects gas mileage.

Truckers drive long hours and are not always as rested as they should be. Part of the sleep deprivation equation in some truckers may be undiagnosed obstructive sleep apnea (OSA), which is a syndrome characterized by sleep-disordered breathing, resulting in excessive daytime sleepiness, sleep attacks, psychomotor deficits, and disrupted nighttime sleep.

Unfortunately, OSA increases the risk of motor vehicle accidents, and is common among truck drivers. Approximately 2.4 to 3.9 million licensed commercial drivers in the U.S. are expected to have OSA. In addition to being unrecognized or unreported by drivers, OSA often remains undiagnosed by many primary care clinicians despite the fact that OSA increases the risks of hypertension, diabetes mellitus, and heart disease.

In a study published in the March 2009 Journal of Occupational and Environmental Medicine, 456 commercial drivers were examined from over 50 different employers. Seventeen (17%) met the screening criteria for suspect OSA. These drivers were older and more obese, and had a higher average blood pressure. Of the 53 drivers who were referred for sleep studies, 33 did not comply with the referral and were lost to follow-up. The remaining 20 were all confirmed to have OSA, but after diagnosis, only one of these 20 drivers with confirmed OSA complied with treatment recommendations.

Philip Parks, MD, MPH, is the study's lead author. Parks says, "It is well-known that obesity, a leading risk factor for obstructive sleep apnea, is on the rise in the United States. Truck drivers with sleep apnea have up to a 7-fold increased risk of being involved in a motor vehicle crash." Parks also notes, "Although it is not surprising, it is concerning that we found that drivers with sleep apnea frequently minimize or underreport symptoms such as snoring and daytime sleepiness. In our study, the majority of truck drivers did not follow through on physician recommendations for sleep studies and sleep apnea treatment." He continues, "As a result, it is possible that many of the 14 million truck drivers on American road have undiagnosed or untreated sleep apnea."

The Federal Motor Carrier Safety Administration is currently considering requiring sleep apnea screening for all obese drivers based on body mass index (BMI). The Administration requires medical certification of licensed commercial drivers at least every two years. I absolutely support sleep apnea screening for truck drivers because I belive it would help reduce the number of accidents caused on the road from lack of sleep.

Continue reading "CHICAGO TRUCK CRASH ATTORNEY SUPPORTS MANDATED SLEEP APNEA SCREENING TO REDUCE TRUCK ACCIDENTS" »

There were nearly 1,200 accidents in the central Illinois city of Pekin in 2008. This represents an 8.7% increase over the five year average of 1,075 and a 6.8% increase over the total accidents in 2007.

In response to these statistics, Pekin, a suburb of Peoria, recently ranked the most dangerous intersections in the town, concluding that the intersection of Ann Eliza and Fifth Streets was the most dangerous in 2008, with 20 accidents. One block away, the intersection of Margaret and Fifth Streets is the fourth most dangerous intersection with 13 accidents in 2008. Neither intersection was the location of any fatal wrecks, thankfully.

Police blame peoples' failure to stop for red lights at the Ann Eliza and Fifth intersection for the high number of accidents. As a result, police plan to step up enforcement action for violaters of both speed and red lights. The department is instituting a new system of patrols to enforce the rules of the raod and combat general crime in noted problem areas. Officers in the Pekin Police Department were traditionally assigned to patrol general districts of the city, but now officers are closely monitoring a specific block or range of blocks within the district. Additionally, an extra squad car will be sent to help monitor repeated problem areas.

The police department hopes that their proactive efforts will help reduce the number of accidents in the future. The onus is also on the drivers to drive more safely and be aware of their surroundings.

In an effort to decrease motorcyclist accidents and fatalities, the Illinois State Police have launched a safety education campaign for the 2009 riding season.

The State Police have put together a list of safety tips for motorcyclists and motorists alike:
1. ALWAYS WEAR A HELMET! Though Illinois law unfortunately does not require a motorcyclist to wear a helmet, they are encouraged to do so. The National Highway Traffic Safety Administration estimates that up to 800 additional lives could be saved each year if motorcyclists wore helmets. As reported on my blog earlier this week, 80% of motorcyclists killed in 2007 were not wearing helmets.

2. DRIVE DEFENSIVELY! Never assume other vehicles on the road can see you; there is always a chance a car or truck can turn in front of the motorcycle and cause an accident. As such, the Illinois State Police, along with the Illinois Department of Transportation and motorcycle safety advocates, are urging the public to "Start Seeing Motorcycles" and to share the road with motorcycle riders.

3. DON'T DRINK & DRIVE! Out of the single-vehicle crashes in 2006, nationally, the National Highway Traffic Safety Administration (NHTSA) reported that 41% of motorcycle operators who died had blood alcohol concentrations of .08 or higher. In Illinois, 44% of motorcylce operators killed during 2007 had been drinking prior to their accidents. Most fatal crashes are due to a failure of the motorcyclist to negotiate a curve because of alcohol-impaired balance and coordination.

4. GET LICENSED! Of all motorcyclists killed in 2007, more than one quarter were not licensed to operate their motorcycle.

5. KEEP UP WITH MAINTENANCE! It is important to check the tires and change them if they are worn. Never operate a vehicle, motorcycle or car without making sure it is in good working condition.

A Chicago Police detective crashed into the rear of a stalled vehicle last night on the Dan Ryan Expressway. A Summit man - who was killed in the crash - pulled his red Dodge over to the side of the Dan Ryan, possibly to deal with a flat tire, and it was struck by the SUV operated by the detective. The crash caused a fiery blaze in the Dodge. The driver and a passenger were killed.

The crash occurred just after 3:35 a.m. just north of 18th Street. The Illinois State Police are investigating the crash. Reports indicate that the detective was drunk and that he was taken to Northwestern Memorial Hospital where tests indicated his blood-alcohol level was about triple the legal limit of .08.

The attorneys at the Law Offices of Jeffrey J. Kroll have handled many tragic cases involving rear-end crashes and are experienced in this type of litigation.

Other motorists stopped after witnessing the crash and helped the SUV's driver from his vehicle because they saw the other vehicle on fire and thought his vehicle might catch fire too. Responding Chicago police officers apprehended the man, apparently on an exit ramp, as he tried to run away.

Continue reading "CHICAGO POLICE OFFICER CRASHES INTO THE BACK OF A STALLED VEHICLE ON THE DAN RYAN EXPRESSWAY" »

Rookie pitcher Nick Adenhart of the Los Angeles Angels and two others were killed early Thursday when a minivan ran a red light in Fullerton, California and struck their vehicle, slamming them into a utility pole. A fourth person remains hospitalized in critical condition. The driver of the minivan fled the scene, but was thankfully caught shortly thereafter. The driver, 22 year-old Thomas Gallo of Riverside, California, has since been booked on charges of DUI, vehicular manslaughter and felony hit-and-run. Gallo has a history of arrests for driving under the influence and was driving on a suspended license due to DUI infractions at the time of the accident.

Adenhart pitched for the Angels just last night, throwing six scoreless innings, allowing seven hits, three walks and five strikeouts in his fourth major league start and first of the season. The Angels lost to the Oakland Athletics 6-4, but Adenhart was "elated" after the game, according to his agent, Scott Boras.

Angels General Manager Tony Reagins called Adenhart "a tremendous player, and a tremendous person who impacted the other players and the coaching staff in a very positive way." Reagins went on to say, "Disbelief is prevalent; we're all in shock. We will deeply miss him; it's difficult to express how much."

The Angels have canceled tonight's game against the A's in light of this morning's tragic turn of events. My deepest condolences go out to the families and friends of these three young people. It is my hope that Mr. Gallo will be punished to the full extent of the law.

A truck crashed into the back of a school bus loaded with elementary school students Wednesday afternoon in Orion, Illinois. Students were thrown from their seats in the collision. Thirty to forty students were on board, but thankfully there were no serious injuries, though one student was bleeding from the back of the head.

Several crews responded to the scene and are still investigating the accident. Witnesses reported that the driver of the truck didn't see the bus.

Continue reading "SCHOOL BUS ACCIDENT IN THE QUAD CITIES" »

I remember watching the news and learning of the tragic death of actress, Natasha Richardson. After hearing of her death, I kept asking myself the same question: do all head injuries need medical attention, even ones that seem minor?

In most cases, it is pretty clear when someone needs medical attention after a head injury. They are often confused, they are extremely agitated. They may be dizzy. Some could have even been unresponsive. The scarier scenario is what doctors call the “talk and die” scenario, where someone seems fine, only to die hours or days later. The "talk and die" scenario occurs with various kinds of brain injuries. In the case of epidermal hematomas, blood pools in the area between the lining of the brain and the skull. This fluid continues to build up in a contained space, creating pressure. In that scenario, essentially, something has to give. Unfortunately, it turns out to be the brain. If you do not get that person to the hospital immediately to have the appropriate surgery to drain the fluid, it will most likely be fatal. So what should be done for someone suffering from a head injury?

1. Look for dizziness, vomiting, confusion or headaches. If an injured person has one of these signs, take them to the emergency room.

2. Look for changes in the person’s behavior. If a person suddenly becomes sleepy within the first 8 to 12 hours following trauma to the head, it may mean that parts of the brain responsible for staying awake are experiencing pressure from a bleed.

3. Vigilance. Keep an eye on someone that has hit their head. This is especially true even if they have not lost consciousness.

4. Be on alert if someone has been drinking, is elderly or young. It could be difficult to distinguish brain-injured behavior from drunken behavior. Similarly, you need to be extra vigilant when dealing with an elderly person or young athletes.

5. Go to an emergency room. You want to go to a trauma center that has a neurosurgeon present or on call. One can find this out by looking on the map from the American Trauma Society.

When in doubt, err on the side of being conservative and seek treatment.

Continue reading "CHICAGO ACCIDENT LAWYER ANSWERS THE QUESTION: WHEN SHOULD YOU GO TO THE EMERGENCY ROOM " »

The National Highway Traffic Safety Administration says that pedestrian accidents account for roughly 12 percent of all nationwide traffic fatalities. With that statistic in mind, the Illinois Department of Transportation, in conjunction with the advocacy group, the Active Transportation Alliance, conducted a study and found that in 2007 there were 170 fatalities and more than 1,000 serious injuries among the 6,000 pedestrians who were hit while walking in Illinois.

The study found that the most dangerous locations for pedestrians are in the south and west suburbs. The study reports that Hopkins Park, a small town in Kankakee County, had more traffic accidents involving pedestrians per capita than any other town in the greater suburban Chicago area. From 2004 to 2007, Hopkins Park reported 10 accidents involving pedestrians, representing a rate of 4.22 accidents a year per 1,000 residents. Oakbrook Terrace ranked second in the report, with 1.31 accidents a year per 1,000 people. Other municipalities in the top ten include: Harvey (1.12), Markham (1.03), Countryside (1.0), Oak Park (0.96), Rosemont (0.95), Summit (0.94), Calumet Park (0.94) and Midlothian (0.91).

Researchers believe a number of factors contribute to these high rates. In lower-income communities, there are fewer resources, such as insufficient law enforcment and a lack of sidewalks. In higher-income areas, however, the accidents tend to result from busy arterial roads, badly marked crosswalks, or a high number of pedestrians. As such, improved street design, well-marked crosswalks, a greater police presence and more public education regarding pedestrian safety can all help reduce the number of accidents involving pedestrians.

The Active Transportation Alliance is currently backing a bill in the Illinois General Assembly that would require drivers to stop for pedestrians in crosswalks instead of having the option to either slow down or stop.

Continue reading "CHICAGO-AREA PEDESTRIAN ACCIDENT REPORT FINDS DANGER ZONES" »

There is legislation pending in the State Senate which would authorize cities within Cook County, the collar counties, and two counties near St. Louis to erect cameras to ticket drivers who are speeding. The legislation would take effect early in 2010. There are currently nine (9) states that use of speeding cameras, including Iowa. This legislation must still pass the Senate and House and be signed into law by Governor Quinn before taking effect. There are many law enforcement, municipalities and safety groups favoring the plan.

How can this legislation impact a motor vehicle accident and associated litigation?

Often, an intersection collision will boil down to the issue of who had the green light. A contested red light case could be difficult and problematic when it comes down to a “he said/she said” case and there are no independent witnesses. However, if you have photographic proof that the opposing party ran a red light, this potentially difficult liability case could turn into a “slam dunk” liability case.

Similarly, speed is often an issue in a motor vehicle collision. Speed is often an issue when a truck is involved in a collision. Having proof of a defendant’s speed on video could be all that is required to successfully obtain a favorable result for an individual injured in a motor vehicle collision.
.

Continue reading "ILLINOIS DRIVERS MAY SEE AN INCREASE IN CAMERA USAGE ON THE ROADWAYS" »

The Chicago Suntimes is reporting that six people were injured, four critically, after a van collided with an SUV on the northbound lanes of the Dan Ryan Expressway (I-94) at 71st Street at 3:05 a.m. on Sunday.

Reportedly, the SUV collided with a van, which rolled over in the course of the crash, according to Fire Media Affairs Director Larry Langford, who said an EMS Plan 1 was called and six ambulances were sent to the scene.

Four people were critically injured in the crash. Two men, ages 51 and 54, were taken to John H. Stroger Jr. Hospital of Cook County. Two women, both 53, were taken to Northwestern Memorial Hospital, according to Langford.

Two other people were taken to St. Bernard Hospital in “stable” condition, including a 23-year-old man and a 22-year-old woman, Langford said.

Both sides of the expressway were initially shut down as emergency crews responded to the crash, according to Langford, who said the EMS Plan 1 response was secured at 3:35 a.m.

Continue reading "FOUR INJURED CRITICALLY IN DAN RYAN ACCIDENT" »

The National Sleep Foundation’s recent poll estimates that Americans get an average of about 6.7 hours of sleep on a week night. The hours of sleep received per night have gradually decreased over the past decade. For example, in 1998, only twelve percent of Americans slept less than 6 hours. Now, 20 percent sleep less than six hours.

With more people being stressed about the economy, sleep deprivation is common place. It is well known that sleep deprivation can be greatly influenced by stress. Unfortunately, there are effects of sleep deprivation that could be fatal to the general public. A recent study by the National Sleep Foundation found that sixty percent of adult drivers admit driving while sleepy in the past year. According to the National Highway Transportation Safety Administration (NHTSA), sleepy drivers account for approximately one hundred thousand car accidents a year in the United States.

Of more concern is the rise in the number of commercial vehicle accidents caused by a professional driver’s inattentiveness or fatigue. Federal Regulations prohibit a truck driver 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. Section 392.3). There are regulations which prescribe a 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. Section 395 et. seq.).

Continue reading "DROWSY DRIVING IS A DANGER ON THE ROAD" »

On March 12, 2009, a Danville County judge approved what is believed to be the largest wrongful death settlement of a woman in a motor vehicle accident involving a truck in Vermilion County history. The woman’s family was represented by the personal injury law firm, Law Offices of Jeffrey J. Kroll. Debra Cunningham, a 49-year-old woman was killed on the evening of August 25, 2004, when her vehicle was struck by a semi-tractor trailer driven an employee of Dayton Freight Lines, a national trucking company. Mrs. Cunningham was operating her vehicle in a westbound direction on Lake Shore Avenue. The tractor/trailer was headed in a northbound direction on Vermilion Street. The collision occurred in downtown Danville, Illinois.

A severe thunderstorm had knocked the power out to that area, including the intersection’s traffic control devices. The City of Danville, a defendant in the lawsuit, had erected a non-reflective temporary stop sign in the middle of the intersection. The Law Offices of Jeffrey J. Kroll contended that the stop sign was not only placed in the wrong direction but was not reflective. The driver of the truck, familiar with the intersection, did not stop and continued through the intersection and slammed into Mrs. Cunningham’s vehicle.

The Cunninghams had been married for 22 years. Debra Cunningham was survived by her husband and five adult children. She worked for Blue Cross/Blue Shield for almost 20 years. She was actively involved with the community and her church and spent her free time with her children and grandchildren.

Many commercial vehicle accidents are caused by a driver’s attentiveness. Similarly, many trucking collisions are caused by a driver’s fatigue resulting in the operation of a vehicle for an excessive amount of time. In this particular case, we sought to prove that the driver’s attentiveness in traveling through an intersection that he had been through before was the cause of the accident. Federal regulations prohibited the trucking company from allowing a driver to operate a commercial vehicle while the driver’s ability or alertness is impaired by fatigue, illness or any other cause which make it unsafe for the driver to operate the commercial vehicle. 49 CFR Section 392.3

Continue reading "WRONGFUL DEATH INVOLVING COMMERCIAL TRUCK NETS RECORD SETTLEMENT" »

Since 2004 the Illinois Department of Transportation, along with the Illinois State Police and local police departments, have honored Illinois residents who have been involved in serious car crashes and survived because they wore their seat belt. Just yesterday, twenty awards were given out to safety belt-wearing survivors of traffic accidents in Naperville. The program, coined "Saved by the Belt," is a program that raises traffic accident awareness and award victims of traffic accidents who were wearing their seat belts at the time of their collision.

Nationally, about 81% of the public wears seat belts. In Illinois, the average is much higher, with roughly 90.5% of the people using their seat belts. This high percentage translates into hundreds of lives saved each year. In fact, former I-DOT Secretary Tim Martin commented in 2004, when the program began, that people are 50% more likely to survive a serious crash by doing something as simple as buckling up.

While I-DOT recognizes that Illinois has an admirable percentage when it comes to seat belt use, it also acknowledges that there is still work to be done, particularly in the African-American and Hispanic communities. Indeed, car accidents are the leading cause of death for Hispanics ages 1-34 and for African-Americans ages 1-14.

Click here for more information on the Saved by the Belt program. And remember to buckle up!!

The recent data on child safety seats unearthed by the Chicago Tribune made me question what other equipment is out on the roadway that is just meeting the minimum standards of safety. Trucks, among other vehicles, definitely fit the bill. The federal safety standards on trucks are lenient and do not feature the most up-to-date technology and safety features. In litigation, truck manufacturers often argue that their vehicles are safe because they meet the minimum standards set by the government. The could not be further from the truth. Just because the bar has been set low does not mean that something is safe.

For example, we are all familiar with the "ICC bar," which is the device attached to the back of tractor-trailers that is intended to prevent the deaths and injuries that occur when a car collides with the rear of a tractor-trailer. Many truck safety groups have advocated for the use of state-of-the-art rear impact guards on trucks to prevent more people from getting hurt. However, the government standard remains minimal.

The Chicago Tribune has revealed test reports from the National Highway Transportation Safety Authority (NHTSA) that demonstrate that many car seats exceed injury limits. The data comes from crash tests performed by the NHTSA using 2008 model vehicles. The tests were intended to rate the safety of the cars, not the child restraint systems found inside. However, some of the child restrain systems showed remarkable levels of failure. For example, the Graco SafeSeat flew off its base during a crash.

In 2007, 63 babies were killed and about 7,000 were injured in car crashes where they were strapped into infant restraints.

It is apparent that the safety testing that has been performed to date need to be reevaluated. This research reveals that there is a difference between "sled bench" testing and testing that is performed in an actual vehicle. Before being sold, car seats must pass a test that simulates a head-on crash at 30 mph on a sled bench. In the analysis of the tests unearthed by the Tribune, regulators crashed actual vehicles into a wall at 35 mph.

Claybrook said the crash tests suggest something that is common sense: The effectiveness of car seats can be more thoroughly judged when evaluated inside a real car as it is crashed.

This data reveals that more rigorous testing is necessary to protect our most precious cargo, our children.

Pontiac Fire Chief John Cummins recently proposed charging accident victims for technical rescue services, such as extractions. The fees, Cummins explained, would help pay for overtime costs associated with calling a second fire department vehicle to the scene. Cummins suggested charging a $300 per hour flat fee, which could be charged to a person's car insurance. Cummins pointed out that $300 is only half of the $600 maximum fee set by Illinois state law.

Cummins was previously fire chief in Stone Park which charged a $250 fee. The fire department was able to collect this fee in 98% of cases.

The Pontiac City Council voted to approve writing a draft of the proposal. Several details still need to be worked out, but early reactions to the proposal were positive, with at least one alderman noting that this practice would shift costs from the government to the individual or the insurer.

A review of US Department of Transportion (US DOT) statistics shows that an average motorist could drive a billion miles (or the distance from Earth to Jupiter and back) before being involved in a car accident that resulted from a motorist making a rolling stop on a right-hand turn. Nevertheless, municipalities such as Schaumburg, have used red light cameras to generate more than $1 million from right-on-red tickets. Of the 10,000 photo tickets issued since November, only about 200 involved the straight-through type of violation used to justify the devices.

A "violation" occurs when a motorist passes the stop bar painted on the pavement at any speed greater than 2 miles per hour. Because of the design of the monitored intersections, however, motorists often must pull into the crosswalk past the stop bar to see cross traffic before initiating a turn. This means that drivers can be mailed a ticket even if they fully stop before turning.

Supporters of red light cameras insist that the cameras prevent common and deadly t-bone collisions at intersections, but the statistics indicate otherwise. According to a 2001 National Highway Transportation Safety Administration report, 6.33 million crashes occurred in 1998, 1.72 million of which involved one vehicle cutting into the path of another. Of this amount, only 99,000 were classified as "right-turn into path" crashes, the least common type. The number of right-turn accidents was only 20,000 when narrowed to collisions occurring at intersections with traffic lights. And of these, only 2,378 were caused by the violation of the traffic signal.

There is no question that red light cameras serve an important purpose when it comes to encouraging drivers to stop for red lights, but it appears as though municipalities may be taking advantage of these devices for their own revenue generating purposes. Keep this in mind the next time you go to make a right turn on red.

Continue reading "STUDY SHOWS THAT RIGHT TURN ON RED CRASHES ARE RARE" »

The personal injury law firm, The Law Offices of Jeffrey J. Kroll, has settled a wrongful death lawsuit brought by the widow of a man who was killed in the tragic "Toys for Tots" incident that occurred at the intersection of Cornelia and Western in Chicago on December 5, 2004. The decedent, Frank Griseto, a DuPage County sheriff's deputy, was riding his Harley Davidson motorcycle in the charity event when he was struck by a car.

"Toys for Tots" is an annual event involving motorcycle riders that parade from Western Avenue from Dan Ryan Woods to the 4th Marine Corps Division at Foster & Troy carrying presents to donate for needy children at Christmastime. Sadly, Mr. Griseto was killed while involved in this charitable event.

A DuPage County judge recently approved the wrongful death settlement.

Continue reading "$1.47 MILLION WRONGFUL DEATH SETTLEMENT IN 'TOYS FOR TOTS' TRAGEDY" »

A recent study suggests that hands-free cell phone devices are just as dangerous on the road as their handheld counterparts. According to experts, engaging in a conversation on a mobile device while driving distracts the brain and delays reaction times. Drivers are more likely to swerve between lanes, slow down and miss important signs when carrying on a conversation with a mobile device.

The National Safety Council (NSC) urged legislators in all fifty states to pass laws prohibiting drivers from using cell phone devices. Currently, six states and the District of Columbia ban handheld cell phones by drivers. Janet Froetscher, president of the NSC points out that, "When you're on a call, even if both hands are on the wheel, your head is in the call."

A recent study conducted by the University of Utah found that drivers engaging in a cell phone conversation on a headset were more likely to make errors behind the wheel than a driver talking to a front-seat passenger. The study concluded that conversations with a front-seat passenger can actually mitigate accidents because the passenger can help observe road conditions and warn the driver of possible hazards.

Previous studies have concluded that talking on a cell phone while driving is as bad as driving drunk. The risk of getting into a car accident while talking on a wireless device is growing as the number of cell phone subscribers increases. There are 270 million cell phone subscribers in the United Sates, up from 76 million in 1999. In a survey by Nationwide Insurance, 80% of people admitted to talking on their cell phones while driving. About 45% acknowledged having been hit or nearly hit by someone using a cell phone while driving.

Legislation alone won't fix this problem. People must be aware that talking on a cell phone, whether handheld or hands-free, is a dangerous and risky habit. Save your phone calls until after the car ride.

Continue reading "TALKING ON A HANDS-FREE CELL PHONE IS STILL DANGEROUS" »

The Insurance Institute for Highway Safety conducted tests recently and concluded that the 2009 versions of the Chevrolet Silverado 1500, Dodge Ram 1500 and Nissan Titan do no provide good protection in side car crashes. The Dodge Ram, equipped with standard side air bags, earned the second-lowest score of "marginal." The Titan and Silverado received the lowest mark of "poor" when tested without optional side air bags. When tested with optional safety equipment, the Titan improved to "marginal" while the Silverado continued to receive a poor rating.

According to the vice-president of IIHS, David Zuby, these pick up trucks perform worse than many vehicles the Institute has evaluated. Passengers in cars are typically more vulnerable in a side crash because their bodies are in line with the fronts of vehicles, but even with the higher seating positions in trucks, these three pickups missed the mark.

The Silverdo's low marks are attributed to a combination of poor side structure and a lack of side air bags. GM retorted by pointing out that the Silverado and Sierra received top scores in the government's front and side-impact tests.

All three manufacturers noted that they pay attention to test results such as this as a part of their effort to continuously improve the overall performance of their vehicles.

Three people including a 9-year old boy were killed and an 11-year old girl was injured in southern Illinois last week in a head-on collision caused by a drunk driver who previously served five years in jail for drunk driving convictions. The driver had a blood alcohol level of 0.29...more than three times the 0.8 limit and was driving on a revoked license. He was still serving supervised release from his previous conviction.

The drunk driver was driving northbound in the southbound lanes of Illinois Route 255 for 8 minutes before slamming into the vehicle carrying four passengers.

The driver, Newton M. Keene, has been charged with 3 counts of reckless homicide; 3 counts of aggravated driving with a blood alcohol level of .08 or more which results in death; 3 counts of aggravated driving under the influence of alcohol which results in a death; 1 count of aggravated driving with a blood alcohol level of .08 or more causing great bodily harm; 1 count of aggravated driving under the influence of alcohol causing great bodily harm; 1 count of aggravated reckless driving; and 2 counts of aggravated driving while under the influence.

According to Mothers Against Drunk Driving (MADD), every year, nearly 13,000 people are killed by drunk drivers with an illegal alcohol level of .08 BAC or above. That means that every month more than 1,000 families must live with the tragic consequences of drunk driving. For more information on the MADD campaign to eliminate drunk driving, please click here.

My deepest condolences to the families of the victims. This is a tragedy of an unspeakable nature and it is my hope that the man responsible for this is held accountable for his actions.

Continue reading "DRIVER THAT KILLED 3 IN HEAD-ON COLLISION CHARGED WITH 14 COUNTS" »

Automobile fatalities declined in 40 states in 2008, according to a survey of state highway safety agencies. This is seen as an early sign that traffic deaths in the U.S could dip to their lowest levels in forty years. The Governors Highway Safety Association (GHSA), which represents state highway safety departments, reported that vehicle deaths dropped in 40 states and the District of Columbia out of 44 states surveyed. The average decline was a whopping 10.7%; Illinois' highway fatality rate fell by 16%. A number of states, including Alaska, Hawaii, Massachusetts, Virginia and Wisconsin, all saw declines of 20% or more.

Barbara Harsha, the executive director of GHSA, attributes the decline in fatalities to seat belt use, which reached a record high of 83% in 2008. She also points to an increased enforcement of traffic laws. Another factor contributing to the decline in fatalities was drivers reducing their speed in an effort to boost fuel efficiency.

It is my hope that fatalities continue to decrease. Most accidents are preventable. It is up to each of us to exercise caution, be alert and wear our seat belts.

Continue reading "AUTOMOBILE FATALITIES DOWN IN 2008" »

Drivers caught talking on their cell phones without a hands-free device or texting while driving will face sharply higher fines under a crackdown advanced today amid demands for stepped-up enforcement.

The Chicago City Council's Traffic Committee raised the penalty for driving while talking on a cell phone without a hands-free device from $75 to $100. Motorists whose cell phone conversations cause an accident will be fined $500, up from $200.

A 2005 city ordinance made Chicago the largest city in the United States to prohibit motorists from using cell phones without a hands-free device. Unfortunately, that ordinance has been widely-ignored...by both motorists and law enforcement officers. From July 2005 through April 2008, Chicago police issued 40,303 tickets for violating the cell phone ban. The monthly high occurred in October 2007 when 2,012 tickets were issued. The average number of monthly citations is 700, a far cry from the number of actual violators. As one City Council member noted, "When you drive down the street, every other person is on a cell phone." The City Council acknowledges that raising fines will do no good if police fail to enforce the ordinance, but are hopeful that the fine increase will get people's attention.

The City Council suggested two other changes, as well. One alderman recommended stiffer penalties for texting and surfing, while another championed higher fines for younger drivers.

This is a step in the right direction, but it is imperative that our police officers actively enforce the law...and that all of us drivers put our phones away while on the road.

When we think of someone getting injured in or around a car, we usually assume it is while the car was out on the road. That is not always the case. The National Highway Transportation Safety Administration (NHTSA) has collected details regarding nontraffic crashes nationwide in its Not-in-Traffic Surveillance System. The data shows:

- An annual total of 1,747 fatalities and 841,000 injuries are due to nontraffic crashes and noncrash incidents.

- Nearly 150,000 people a year are injured by a closing car door.

- Nearly 10,000 people a year are seriously injured when using a jack or another type of hoist.

- 74,000 people a year are injured by a falling vehicle or vehicle part.

- 743,000 injuries happened from noncrash incidents such as hyperthermia and electrocution.

- 88,000 injuries annually are due to overexertion (loading and unloading cargo or pushing a disabled vehicle).

- One-third of the nontraffic crash injuries involved pedestrians and cyclists.

- 14% of the injuries involved accidentally backing over someone.

Continue reading "INJURIES FREQUENTLY OCCUR WHEN CAR IS NOT IN TRAFFIC" »

The U.S Department of Justice announced a new on-line database that is designed to "help protect states and consumers from automobile fraud and to provide law enforcement with new tools to investigate fraud, theft, and other crimes involving vehicles."

The National Motor Vehicle Title Information System (NMVTIS) allows state motor vehicle administrators to verify and exchange titling and brand data and provides law enforcement officials, consumers and others with critical information regarding vehicle histories. Consumers now have access to the vehicle's brand history, odometer data and basic vehicle information and can be redirected to the current state of record to access the full title record if available. Law enforcement can track the vehicle's status from state to state by accessing the system directly.

The cost to car buyers accessing the database will be about $2.50 per vehicle.

Although 73% of the U.S.'s vehicle population is in the database, not all states are fully participating. Unfortunately, Illinois is not currently participating in the database at all. Thirteen states are providing are data and inquiring into vehicle status before issuing new titles. Fourteen states are providing data, but not making inquiries (three of which are not allowing consumers access). Ten states are in the development process and fourteen are not participating.

This database is a valuable tool for consumers to protect them from odometer and theft fraud.

Continue reading "ON-LINE DATABASE DESIGNED TO PREVENT FRAUD" »

We are in the thick of a midwest winter and it shows no sign of letting up anytime soon. With that in mind, keep these potentially fatal mistakes, courtesy of Forbes.com, in mind when you get behind the wheel:

1. DRIVING TOO FAST: Use caution when accelerating and decelerating in inclement weather. Take extra care on hills and around corners; accelerating uphill can cause wheels to spin.

2. FOLLOWING OTHERS TOO CLOSELY: While it is usually ok to allow 2 to 3 seconds space between you and the vehicle in front of you, in the winter you should allow for 5 to 6 seconds. Never use cruise control on wet roads.

3. OVERCORRECTING ON ICE: Learn how to control a skid. If you're traveling in a straight line, stay calm, take your foot off the gas and brake gently. Turn the steering wheel in the direction you want to go. If you slip on a corner, smoothly accelerate to transfer the weight to the rear wheels, which allows you to steer into the direction of the skid and regain control. If the car uses rear-wheel drive, don't over-accelerate, or the tires may over-spin completely out of the turn.

4. DRIVING WHILE FATIGUED: If you are feeling tired, switch drivers or pull over to rest.

5. DRIVING WITH POOR VISIBILITY: Driving at night or in rain or snow greatly reduces visibility. Poor weather is associated with 7,000 fatalities, 800,000 injuries and more than 1.5 million car crashes nationally each year, with an estimated economic toll of $42 billion. Adverse weather is involved in nearly 20% of highway fatalities.

6. DRIVING ON BACK ROADS: Back roads are often unplowed and less traveled--so you'll be there awhile if you get stuck. If you do get jammed and the car won't move, don't spin the wheels. That only digs a bigger hole. Start by turning your wheels right and left to push the snow away. Use a shovel to clear away snow from the car's wheels and undercarriage. Spread kitty litter, sand or gravel under the tires, and then try rocking your vehicle gently back and forth.

7. NOT PREPARING YOUR VEHICLE FOR WINTER: You should equip your vehicle with snow tires or studded tires if you have that ability, or at the very least a good all-season tread tire with the tread in good condition.

8. FAILING TO CARRY EMERGENCY GEAR: The following items could be essential if you get stuck in snow, experience car trouble or crash during the winter: warm clothing like coats, hats, gloves and socks; flares; chains; matches in a waterproof container; long-lasting food like nuts, jerky, dried fruit or granola bars; water; kitty litter or sand for traction on slippery surfaces; jumper cables; a shovel; a cellphone; a first-aid kit; a flashlight; and a spare tire.

9. LEAVING THE CAR WHEN STRANDED: If the car is stalled and there's no help in sight, stay with the vehicle (unless it's in the road). It'll be the warmest, safest place to wait until help arrives. Run the engine 10 minutes each hour for heat, and clear the exhaust pipe of snow, ice or mud. Place flares about 50 feet in front of and behind the car, turn on hazard lights and, if it's not snowing, raise the hood to indicate you need help.

10. FAILING TO CHECK WEATHER CONDITIONS BEFORE LEAVING: Watch weather reports before starting a long-distance drive or before driving into isolated areas. AAA suggests postponing road trips if especially bad weather seems likely. If you must travel, let a trusted friend know your route, destination and estimated time of arrival. Maintain at least a half-tank of gas at all times for unexpected detours, additional weight and a source of heat if you get stuck.

Carol Struebing, an elderly woman from Elk Grove Village, was killed last week in a car accident when the car in which she was a passenger collided with a truck that was in a funeral procession. According to experts, funeral procession accidents are becoming more common.

Funeral procession laws vary from state to state and among communities. In Illinois, the lead vehicle in the funeral procession must obey stop signs and traffic signals, but the rest of the caravan can proceed without stopping and has the right of way as long as all vehicles keep on their headlights. Last week's accident occurred when the truck in the procession went through a red light, as allowed under Illinois law, and collided with the car Ms. Struebing was traveling in. Police are investigating whether the truck had its lights on as required by state law.

Funeral directors are in agreement that it is difficult to safely lead a funeral procession because many people are unaware of the rules of funeral processions or are simply not paying attention.

This needless tragedy could have been prevented. Please be aware of funeral processions when you are driving and remember to give the procession the right-of-way.

Continue reading "FUNERAL PROCESSION ACCIDENTS BECOMING MORE COMMON" »

A McHenry County jury convicted an illegal alien yesterday of felony drunken driving, reckless homicide and failing to report an accident after he struck and killed a 71-year old motorcyclist in 2006. Eulalio Haro, a Mexican native who has been deported from the United States three times for illegally entering the country, was previously convicted of reckless homicide in 1993 after killing his brother in a drunk driving accident. He served half of a four year sentence before being deported to Mexico in 1995. He illegally returned twice -- he was apprehended and deported both times, most recently in 2005.

Haro now faces a maximum 28 year prison term that he will have to serve in Illinois before he can again be deported to Mexico. McHenry County prosecutors will seek the maximum sentence because this is the second fatality Haro has caused.

I am pleased that the prosecutors will seek the maximum sentence -- if anyone deserves the full sentence, it is this man, who clearly has no regard for human life. My deepest condolences to the families who have been affected by his deadly actions.

Continue reading "ILLEGAL ALIEN GUILTY OF SECOND FATAL DUI" »

On January 17, 2009, a 6-year old boy died in the stands of a monster truck show in Tacoma, WA. Feld Motor Sports, based in Aurora, Illinois, organized the event and released a statement stating, "Feld Motor Sports is looking into the accident. The safety of our customers is our top priority." Apparently, Feld placed safety barriers at both ends of the arena floor.

However, these measures were insufficient as it was reported that debris was flying 30 to 50 feet into the grandstands from the truck. The mother of the boy described the debris as "a metal ring... roughly the size of a Frisbee and about three-quarters of an inch thick, weighing between 7 and 12 pounds."

This incident raises the question of whether enough is done to prevent injury to spectators at sporting events, auto races and monster truck shows. Here, it is evident that there was a lack of sufficient protection in place to prevent the fatal injuries sustained by this little boy.

Continue reading "MONSTER TRUCK SHOW SITE OF FATAL ACCIDENT" »

The National Safety Council (NSC) is advocating a total ban on cell phone use for drivers. The safety group is campaigning for the ban suggesting that talking on cell phones while driving is like driving drunk. “When our friends have been drinking, we take the car keys away. It’s time to take the cell phone away,” Janet Froetscher, the group’s president and chief executive, said in interview.

The City of Chicago has banned talking on cell phones while driving and has considered creating legislation to ban texting while driving. The State of Illinois has banned cell phone use for teen drivers. No state currently bans all cell phone use while driving. Six states — California, Connecticut, New Jersey, New York, Utah and Washington — and the District of Columbia ban the use of hand-held cell phones behind the wheel, according to the Insurance Institute for Highway Safety.

One study by the Harvard Center for Risk Analysis estimates that 6 percent of vehicle crashes — the equivalent of 2,600 deaths and 12,000 serious injuries a year — are attributable to cell phone use. Hands-free cell phones are just as risky as hand held phones, she added.

For additional information, see the Chicago Suntimes.

Continue reading "NATIONAL SAFETY COUNCIL PROPOSES CELL PHONE BAN FOR DRIVERS" »

With the new year upon us, consider improving upon your driving habits one of your resolutions for 2009. While we are all focusing on losing weight, getting more exercise and living healthier lifestyles, let us remember that safely operating a motor vehicle is imperative to living a healthy life. Sadly, last year, in Cook County alone, there were 409,716 vehicles involved in automobile crashes. Of those crashes, 348 people were killed and 44,874 people were injured. These are significant statistics. As we start the new year, please be more cautious when driving.

The next time that you get into your vehicle, consider the following safety tips:

- Always wear your seat belt;
- Make sure that your children’s car seats are safely installed;
- Avoid driving and speaking on your cell phone at the same time;
- Don’t drive drowsy;
- Ensure that your vehicle is well maintained;
- Don’t drive under the influence;
- Do not exceed the speed limit; and
- Don’t drive angry!

Best wishes for a safe 2009.

See these additional resources:

American Medical Association Tips for Safe Driving.
Illinois State Police Winter Driving Tips.

Continue reading "SAFE DRIVING SHOULD BE A PRIORITY FOR 2009" »

A 38-year old man from St. Charles, Illinois was killed early Saturday morning in Monroe County, Wisconsin as a result of a snowmobiling accident. According to investigators, the snowmobiler missed a curve, hit a tree and was thrown from the snowmobile. He was airlifted to a hospital in LaCrosse, Wisconsin where he later died from his injuries. The accident continues to be investigated by the Monroe County Sheriff's Department and the Wisconsin Department of Natural Resources.

Snowmobiling is a favorite winter activity of mine, but stories like this are all too common. Should you and your family decide to brave the elements this winter and go blaze the trails on a snowmobile, keep the following tips, courtesy of the Wisconsin Department of Natural Resources, in mind:

* Never consume alcohol or drugs before or during snowmobile operation. Drinking alcohol impairs judgment, slows reaction time and causes body temperature to drop at an accelerated rate, which increases the likelihood of hypothermia. Alcohol has been shown to be a contributing factor in most fatal snowmobile accidents.

*Slow down. Speed is a contributing factor in nearly all fatal snowmobiling accidents. Drivers should proceed at a pace that will allow ample reaction time for any situation. Drive at moderate speeds, and drive defensively, especially after sunset.

* Avoid traveling across bodies of water when uncertain of ice thickness or water currents. Rapidly changing weather and moving water in streams and lake inlets also affect the thickness and strength of ice on lakes and ponds. Snow cover can act as a blanket and prevents thick, strong ice from forming.

* Dress appropriately. Always wear a helmet with goggles or a face shield to prevent injuries from twigs and flying debris. Wear layers of water-repellent clothing and make sure you have no loose ends that might catch in the machine or tangle in equipment.

* Stay on marked trails or, where allowed, on the right shoulder of the road. Be alert for fences, tree stumps and stretched wire that may be concealed by snow.

* Never travel alone. Most snowmobile accidents result in injury - the most dangerous situations occur when a person is injured and alone. If you must travel alone, tell someone your destination, planned route, and when you will return.

* Carry a first-aid kid, flashlight, knife, compass, map and waterproof matches.

Play it safe this winter season in all your winter activities!

Continue reading "ILLINOIS MAN KILLED IN SNOWMOBILING ACCIDENT" »

According to the Illinois Department of Transportation's Division of Traffic Safety, during the Christmas and New Year's holidays in 2007, 24 people were killed and 9 of those fatalities involved a driver who had been drinking.

IDOT Secretary Milton R. Sees has been blunt about how area police departments plan to deal with drunk drivers this upcoming New Year's Eve: "Police departments will be out in force making sure impaired drivers are off the road. No amount of good cheer will be able to save you from the consequences of impaired driving. If we catch you, we will arrest you. No exceptions. No excuses."

IDOT recommends designating a sober driver and not letting friends and family drive impaired as just two of several simple steps to avoid a tragic crash or an arrest for impaired driving. Other important tips include:

* Plan ahead. Designate a sober driver before going out and give that person your keys.
* If you are impaired, call a taxi, use mass transit, or call a sober friend or family member to get you home safely.
* Use your community's designated driver program.
* Promptly report impaired drivers you see on the roads to law enforcement.
* Wear your seat belt. It is your best defense against an impaired driver.

Driving while impaired just isn't worth the risk. The consequences are serious and real. Not only do you risk killing yourself or someone else, but the trauma and financial costs of a crash or an arrest for driving under the influence can be incredibly significant. The tragedies and costs from drinking and driving do not end at potential death, disfigurement, injury and disability - violators who are caught will be spending money on bail, court, lawyers and towing fees. Plus, there is the added embarrassment, humiliation, and potential loss and consequence after informing family, friends and employers. And, as I noted in a previous blog, the Illinois legislature has passed more stringent drunk driving laws that will go into effect on January 1, 2009. Hopefully all of these reasons will encourage you to designate a driver this New Year's Eve.

Best wishes for a safe, happy and healthy 2009!

Continue reading "YOU DRINK & DRIVE. YOU LOSE. " »

As you may have heard, three family members were killed by a drunk driver near Morris, Illinois on November 12. Amanda Jahn, 27, and her two children, Ryan, 3, and Kaitlyn, 11 months, were killed when repeat DUI offender, Ann Marie Getz, blew through a stop sign and slammed into the Jahn vehicle. Getz, who was previously convicted of DUI in 2001 and again in 2002, faces up to 28 years imprisonment if she is convicted on aggravated drunk driving charges.

An Associated Press review of state data found that, out of 8.5 million licensed drivers in Illinois, more than 45,000 have one or more DUI convictions. More than 3,800 have two DUIs and more than 2,700 have three. With such alarming statistics, the Illinois legislature has passed more stringent laws that will go into effect on January 1, 2009.

Under the new law, which targets first time offenders, the judicial driving permits (JDPs) formerly available to first time offenders will become extinct. Instead, first time offenders will have the opportunity to request and receive monitoring device driving permits (MDDPs), which will require motorists to have a Breath Alcohol Ignition Interlock Device (BAIID) installed in their vehicles. This device requires drivers to provide a breath sample before the vehicle can be started and at random intervals while driving to ensure that the driver is not intoxicated.

The MDDP provisions are somewhat more liberal than the JDP predecessors. First, every first offender is entitled to receive an MDDP unless his or her driver's license is invalid, or death or great bodily harm resulted from the arrest, or the offender was previously convicted of reckless homicide or aggravated driving under the influence involving death, or the offender is under the age of 18. Second, MDDP holders may drive anywhere, anytime, as long as they drive their authorized vehicle that is equipped with a BAIID.

Harsher provisions are also included in the legislation. MDDP holders are also required to take their BAIID-equipped vehicles to a BAIID installer at least every 30 days during the period of the MDDP for calibration. Lastly, MDDP holders must maintain a journal of events surrounding unsuccessful attempts to start the vehicle, failures to successfully complete a running retest, or any problems with the BAIID. The new law also doubles the terms of drivers' license suspensions. As a result, first-time offenders will experience substantially more inconvience for a longer period and will have to pay a substantial amount more than under the prior law.

Hopefully these new measures will prevent tragedies like the one that befell the Jahn family in November. Mothers Against Drunk Driving (MADD) point out that harsher penalties work: since 1980 and up to 2006, nationwide alcohol-related trafic fatalities have diminished by roughly 47%, from over 30,000 to under 16,000 per year. This represents 358,000 lives saved as a result of the enactment of laws imposing stricter penalties against those convicted of DUI during that period.

Continue reading "BIG CHANGES FOR DUI LAW IN ILLINOIS IN THE NEW YEAR!" »

Two Kaneland High School students were killed in a car accident on their way to school last Thursday morning. Both young men, 18, were academically and athletically gifted and were childhood best friends. Police are still investigating the cause of the car accident that occurred around 9:15 a.m. Thursday. It appears that the vehicle left the road and drove onto a gravel shoulder and that the driver overcompensated and shot back across the oncoming lane, slamming into a tree.

According to the Center for Disease Control (CDC), motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in that age group. In 2005, twelve teens ages 16 to 19 died every day from motor vehicle injuries. Young people ages 15-24 represent only 14% of the U.S. population, but they account for 30% of the total costs of motor vehicle injuries among males and 28% of the total costs of motor vehicle injuries among females.

The CDC warns that the risk of motor vehicle crashes is higher among 16 to 19 year olds than among any other age group. In fact, teen drivers are four times more likely to crash than older drivers. Moreover, the presence of teenaged passengers increases the crash risk of unsupervised teen drivers; this risk increases with the number of teen passengers. Crash risk is even higher during the first year that teens are eligible to drive.

Male teenagers, like the two who died Thursday morning, are particularly at risk. In 2005, the motor vehicle death rate for male drivers and passengers ages 16 to 19 was more than one and a half times that of their female counterparts.

The CDC has pinpointed some of the reasons why the teen motor vehicle death rate is so high:
*Teens are more likely to underestimate dangerous situations or not be able to recognize hazardous situations.
*Teens are more likely to speed and allow shorter headways.
*Teens have the lowest rate of seat belt use.

If you have a teen driver, please share this information with them...it could save their life.

Continue reading "TWO TEENS KILLED IN CAR CRASH" »

Yesterday, Mayor Daley and Streets and Sanitation Commissioner Michael Picardi warned Chicago motorists to drive slower when it snows and expect to wait longer to get side streets plowed as the city seeks to cut costs associated with snow removal.

Monday's snowstorm cost taxpayers nearly $500,000, despite the city's best efforts to control costs. The city used a lighter spread of salt on side streets and limited overtime by pulling trucks off side streets at 3 p.m. Thanks to a two-year contract the city entered into last year, salt cost only $41 per ton, which is considerably less than the $100 per ton price tag most municipalities are facing. Nevertheless, the budget is tight and Commissioner Picardi stressed lower expectations, reminding Chicago residents that a high standard of snow removal comes at a very high cost.

Drive slowly when conditions are bad, and remember to factor in longer travel times for your commute. Arrive alive!

Our personal injury attorneys ask that as you travel to and from the holiday gatherings with family and friends to share a meal this Thanksgiving, be very careful on the roads. Thanksgiving day ranks number one as the day with the highest number of traffic fatalities from car accidents.

There is a high volume of traffic on the road. AAA Chicago estimates 38.3 million Americans will travel 50 miles or more from home this holiday, a 2.7 percent increase from last year's 37.3 million travelers. "Airports and highways will be busier than ever," says Beth Mosher, director of public affairs for AAA Chicago. "The higher prices will not keep people home for Thanksgiving." Approximately 31.7 million travelers expect to go by motor vehicle, a 2.6 percent increase from those who drove a year ago.

Unfortunately, an average of 573 vehicular deaths occur in the United States on Thanksgiving day. There were 623 traffic fatalities in the United States in 2006 (the most recent year on record).

So this Thanksgiving holiday, enjoy the time with your loved ones, give thanks for all of your blessings and be cautious while traveling.

This Thanksgiving holiday, the Illinois State Police, Illinois Department of Transportation and local police are partnering to reach 100 percent seat belt compliance through a Click It or Ticket campaign. During the campaign, more than 135 state, local and county police agencies will dedicate 15,000 hours of enforcement details from November 17th through November 30th.

The past two years, Illinois motorists have exceeded the 90 percent mark with regard to seat belt use.

Since the primary seat belt law was signed into law five years ago, Illinois has seen a significant drop in roadway fatalities each year. In 2003, there were 1,454 fatalities. As of mid-November this year, there have been 888 fatalities.

November 10-16 marks the National Sleep Foundation's (NSF) second annual Drowsy Driving Prevention Week, a national campaign to educate young drivers and the public about the dangers of driving while sleepy.

Car accidents are the number one killer of American teenagers - more than 5600 teens were killed in car accidents in 2005. The National Highway Traffic Safety Administration (NHTSA) has found that the fatality rate for teen drivers is four times higher than for drivers aged 25-69. Sleep-related crashes are most common in young people, who tend to stay up late, sleep too little, and drive at night. In fact, 55% of all crashes in which the driver fell asleep involved drivers 25 or younger. Dr. Meir H. Kryger, Chairman of NSF's Board of Directors believes, "Teens are among the most sleep deprived members of society. Combining sleepiness with inexperience behind the wheel can be deadly. Most teens and parents are aware of the dangers of driving while intoxicated, but many do not realize that drowsiness can have a similar or worse effect on driving performance."

Like alcohol, sleepiness slows reaction time and impairs judmgent. Indeed, 17 hours of sustained wakefulness produces performance impairment equal to 0.05% BAC; after 24 hours, impairment is equal to 0.10% BAC. Unlike alcohol, however, a person who falls asleep while driving has no control of the vehicle and cannot take measures to avoid a crash. Approximately 11 million drivers admit they have had a crash or a near crash because they dozed off or were too tired to drive. According to the NHTSA, drowsy driving crashes result in at least 1,550 deaths, 71,000 injuries and $12.5 billion in monetary losses each year.

NSF recommends the following tips to avoid drowsiness while driving:
*Get adequate sleep before you drive.
*Allow time for breaks on long trips - about every 100 miles or two hours.
*Use the buddy system - ask your passenger to stay awake during the drive, to help keep you awake and to share the driving responsibilities.
*Don't drink alcohol and be aware of the potential side effects of any medications you might be taking - some cause drowsiness.
*Consume caffeine - the equivalent of two cups of coffee can increase alertness for several hours, but should not be relied upon to overcome sleep deprivation.
*If sleepiness sets in while driving, prevent a crash by pulling over to find a safe place to take a nap or sleep for the night.

Continue reading "THIS WEEK IS DROWSY DRIVING PREVENTION WEEK!" »

A new study from Liberty Mutual Insurance and SADD (Students Against Destructive Decisions) reveals that a vast majority of teens (97 percent) feel that street racing is dangerous, listing it above cell phone use, speeding, having more than three passengers in the car, being upset, using a GPS system and changing clothes while driving.

Despite teens' realization that street racing is dangerous, 38% say that they have engaged in street racing.

Under Illinois law, driving privileges may be revoked for any person convicted of street racing and law enforcement may impound the offender’s vehicle for up to five days.

It seems that peer pressure is an effective means for stopping the racing. The research found that 87 percent of teen drivers would refrain from street racing if they were asked to by their passengers. However, only 57 percent of teen passengers said they would ask the driver to stop racing other cars.

Autumn is upon us and the weather is getting chillier in Chicagoland. I have already seen frost on the pumpkin... and on my windshield! It is important to scrape any frost from your car windows before hitting the road. There have already been reports of car accidents related to frosty windshields.

In Waukegan, a construction worker was struck by an SUV on Route 45, just outside of Vernon Hills. Lake County Sheriff's Sgt. Christopher Thompson said a flagger was attempting to direct traffic to enable a semi truck to back into the construction site entrance when the worker was struck by a white GMC Yukon XL. The driver of the Yukon XL was charged with failing to reduce speed to avoid an accident, driving with an obstructed windshield and failing to stop for a flagger.

Wells told police at the scene that there was light frost on her windshield, but she felt she could still see. "She did not see the flagger," Thompson said.

Additionally, a Wausau, WI man was struck by a vehicle in a parking lot when he was hit by a car early in the morning....and a frosty windshield may have been to blame. The Wausau Police Department said the car's windshield was clearly obstructed.

It is negligent to operate your motor vehicle without a clear view. Don't take the risk. Take the extra time to protect other motorists and pedestrians and scrape your windows.

Open-road tolling is not just convenient and conducive to getting you to your destination quicker, it also could help save lives.

Illinois toll roads have been the scene of fatal pile-ups at toll booths in the past. On October 1, 2003, around 3 p.m., a multi-vehicle accident occurred on the approach to an I-90 toll plaza near the Hampshire-Marengo toll plaza. A 1995 Freightliner tractor trailer was traveling eastbound approaching the toll plaza when it struck the back of a 25-passenger specialty bus. The specialty bus struck the rear of a pickup truck, which was pushed into the rear of another tractor trailer causing it to overturn. The pickup truck was struck by another tractor trailer approaching the toll booth. Sadly, eight of the passengers on the bus were fatally injured and twelve other bus passengers suffered injuries.

View an NTSB animation of the toll booth accident here.

After completing an investigation of this tragic accident (NTSB Number HAR-06/03), the National Transportation Safety Board (NTSB) determined that the probable cause of the accident was the failure of the Freightliner truck driver to slow down for traffic and operating his vehicle too fast for traffic conditions. The NTSB found that contributing to the accident was the traffic backup in a 45-mph zone, created by vehicles stopping for the Hampshire-Marengo toll plaza.

The NTSB identified “toll plaza design and the lack of national standards for toll plaza design” as a safety issue that needed to be addressed.

It was recently reported that Chicago Skyway Concession Co. - the Spanish-Australian consortium that is leasing the Chicago Skyway - is asking the Illinois General Assembly to authorize camera enforcement and administrative adjudication of Skyway toll violators. This may be the first step toward replacing the current system with open-road tolling and potentially reducing accidents related to traffic backing up at toll booths.

Continue reading "ILLINOIS TOLL ROADS: REDUCING TOLL BOOTH ACCIDENTS" »

This year, as you don your Halloween costumes and head outside for trick-or-treating, keep in mind that statistics show that Autumn is the deadliest time of year for pedestrians. A June 2008 report from the National Highway Transportation Safety Administration (NHTSA) indicates that Halloween (October 31st) has one of the highest rates of fatalities for pedestrians, preceded only by New Years Day. In the United States in 2006, there were 306 pedestrian fatalities in May, versus 497 in October. Be careful!

The report details NHTSA's examination of police-reported pedestrian crash deaths from 1997 to 2006. Of the cities that have the highest number of pedestrian fatalities, Chicago ranks third. Between 1997 and 2005, there were 687 pedestrian fatalities in Chicago.

The Center for Disease Control offers the following tips for a safe Halloween for pedestrians:

- Remind drivers to look out for trick-or-treaters;
- Fasten reflective tape to costumes and bags to help drivers see you;
- Hold a flash light to help drivers see you;
- Look both ways before crossing the street;
- Use crosswalks;
- Only walk on sidewalks or on the far edge of the road facing traffic; and
- Wear well-fitting masks, costumes and shoes to avoid blocked vision, trips and falls

Continue reading "PEDESTRIANS, BE CAREFUL THIS HALLOWEEN!" »

Harvest season is upon us. For those of us in congested Cook County, we might not be aware of this, but if we head down south to Kankakee County or west out to DeKalb County, one need only drive down a rural road to see farmers out gathering their crop. Farmers use these same rural roads to get to their various fields and the Illinois Department of Transportation (IDOT) along with the Illinois Department of Agriculture are encouraging motorists to be on alert for tractors and farm equipment sharing the roads.

IDOT reports that last year there were 267 vechicle-farm equipment collisions. Of these, 98 injuries and 4 fatalities resulted. The 2007 collision rate represents a marked increase from the collision rate of 2006 when there were only 239 crashes. The majority of these accidents were rear-end collisions, and it is not the farmer who gets injured.

Drivers from the city or suburbs don't always understand or acknowledge that tractors usually don't have brake lights, or that they run at less than 20 miles per hour, or that most farmers can't see what's behind them if they are pulling something. As such, it is up to motorists to proceed with caution.

Continue reading "Tractors vs. Vehicles: Tension on Rural Roads during Harvest Season" »

Earlier this month, a tree limb impaled an Illinois woman's leg as a result of a crash on Interstate 70 in Indiana. The accident was reportedly due to road rage. The 30-year old injured woman was a mere passenger in the vehicle. The driver told police that he lost control of his car causing an accident after a gray Mustang swerved into his car as he drove in the right westbound lane. According to the driver, the Mustang had been tailgating him prior to the accident.

Road rage has become a big problem in the United States. In fact, the AAA Foundation for Traffic Safety reports that unverified figures of up to 1,200 road rage-related deaths a year have been reported. A survey commissioned by the Automobile Association in 1995 found that 90% of drivers had experienced road rage incidents in the previous year and over 60% of respondents had admitted losing their tempers while behind the wheel.

The US Department of Transportation (USDOT) recommends the following tips to avoid road rage:
* Don't yell or use obscene gestures.
* Don't block the passing lane. Stay to the right if you are obstructing the flow of traffic.
* Always signal when changing lanes. Use your horn sparingly.
* Don't tailgate.
* Cooperate and don't compete on the road. Let other drivers merge into traffic in an orderly fashion.
* Don't take another's actions personally. Everybody makes mistakes.

Continue reading "ROAD RAGE LEADS TO CATASTROPHIC RESULTS" »

Chicago Alderman Edward M. Burke has recently proposed new legislation prohibiting drivers from texting and driving, with certain exceptions for drivers of emergency vehicles and stationary, parked vehicles. The proposed legislation banning texting states:

... No person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone. Using a mobile, cellular, analog wireless or digital telephone shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, sending an electronic message, or browsing the internet via the mobile, cellular, analog wireless or digital telephone.

In the recent Metrolink train crash in Los Angeles, the engineer of the commuter train sent a text message 22 seconds prior to the train colliding with a freight train which killed 25 people and seriously injured more than 130 other people. I frequently have seen the effects of driving distracted. I have represented numerous plaintiffs who have been injured in automobile accidents as a result of the defendant driver not paying attention. In addition to cases involving cell phone use, I represented a plaintiff who was injured when a teenager was skipping a song on a CD player and rear-ended my client. In another case, a semi-truck driver was looking at a billboard instead of at the road ahead of him and collided with the vehicle ahead of him and killed two innocent people.

Occupants in vehicles can get hurt when the driver of a motor vehicle is not paying attention.

Continue reading "CHICAGO, IF YOU TEXT AND DRIVE, YOU LOSE" »

According to the National Highway Traffic Safety Administration (NHTSA), more than 5,000 American teenagers die each year in car-related accidents. The rate of crashes, fatal and non-fatal, per mile driven for 16-year-old drivers is almost 10 times the rate for drivers ages 30 to 59 and is three times greater than for drivers ages 65 to 69. In fact, researchers from the Insurance Institute for Highway Safety (IIHS) have found that car accidents are the leading cause of death among teenagers. The U.S Department of Transportation (USDOT) reported that 3,490 drivers in this age group died in motor vehicle crashes in 2006 and an additional 272,000 were injured. Drivers under 20 years of age accounted for 12.9 percent of all the drivers involved in fatal crashes and 16 percent of all the drivers involved in police-reported crashes.

In response to such chilling statistics, at least one major automotive manufacturer has created new technology that allows parents to set limits on the vehicle their child is operating. The new feature, which will be available on many 2010 models, is essentially a special key with a computer chip which will limit the teen driver to 80 mph. Parents can also program the key to limit the stereo system's volume and to sound continuous warnings if the driver is not wearing a seat belt. Parents can even program the key to sound a chime if the teen driver exceeds a certain speed limit.

Anne McCartt, IIHS senior vice-president for research, noted that research performed by IIHS has shown that speeding is a major factor in teen crashes, especially teen drivers with limited driving experience. As such, she thinks a system that attempts to correct the speeding behavior of teenage drivers has the potential to improve safety. The IIHS understands the adage that speed kills.

Hopefully this new technology will become standard on every new car made or sold in the US. There can be no question that such limits will improve the safety of our teen drivers and their passengers, as well as those of us sharing the roadways with them.

Continue reading "NEW VEHICLE SAFETY MEASURE TARGETING TEEN DRIVERS" »

With the upcoming presidential election, voters should be on a higher alert than on most other days. A recent study by the Journal of the American Medical Association found that on average, 24 more people will die in automobile crashes during voting hours in presidential elections days than on other Tuesdays during the fall. Unfortunately, that amounts to almost a 20% increase risk of death. Moreover, compared with non-election days, an additional 800 people will suffer disabling and crippling injuries.

Some of the possible reasons cited by the study for the increased risk in car crashes are drivers rushing to get to polling places either before or after work, driving on unfamiliar routes and even distractions due to their thinking about the candidates.

Sadly, the increase in deaths is not limited to elections. The National Highway Traffic Safety Administration has indicated that traffic deaths increase when there are more people on the road, including but not limited to, summer months, festive times when alcohol use increases, winter holidays and Superbowl Sunday.

Next month, people should exercise their right to vote. However, they need to do it carefully. Pedestrians need to be on high alert for vehicle traffic on that date and drivers can easily avoid the risk of an automobile crash by not speeding and maintaining a proper lookout for both pedestrians and vehicular traffic.

Continue reading "CAN VOTING BE HAZARDOUS TO YOUR HEALTH?" »

According the Illinois Department of Employment Security the seasonally adjusted Illinois unemployment rate, was 7.3% in August 2008. Ultimately, this impacts the number of car crashes on the road. Fewer people working means that fewer people are on the road commuting. In a November 2002 report for the National Bureau of Economic Research, researchers looked at statistics from 23 developed nations including the United States and extrapolated from them that if 1% more people have jobs, motor vehicle accidents will go up by 2.1%.

Like it or not, technology has altered the roadways and landscape of our state. Today, there are a growing number of billboards which are digital and they are quickly becoming an advertiser’s dream. Is this marketing “dream” a hazard to the motoring public?

The Federal Highway Administration is undertaking a study to determine whether the latest technology impacts road safety. The results of the study will not be known until late 2009. Interestingly, the National Highway Traffic Safety Administration (NHTSA) has identified a safety threshold that drivers distracted for more than two seconds contributed to almost a 25% of all U.S. motor vehicle accidents. These glowing billboards are becoming staples in big cities such as Chicago. Currently, there are roughly 100 of these glowing billboards around the state.

Each state regulates road signs. In Illinois, for example, the images must be static and remain posted for at least ten seconds. The concern is that these billboards could cause distractions for Illinois drivers. Opponents of these digital billboards are concerned that these signs, by their nature, could distract drivers for more than two seconds. It is not unusual to be viewing a sign and wondering to yourself, “what billboard is coming up next?” It is ok for a driver to “glance” at a billboard or electronic sign, however, billboards should not be watched as if they are a large television, especially when someone is driving. Unfortunately, the electric billboard could be contributing to the number of motor vehicle accidents in our state by diverting a driver’s attention.

Continue reading "ARE DRIVERS DISTRACTED BY GLOWING DIGITAL BILLBOARDS?" »

The number of deaths on Illinois roadways due to auto accidents is the lowest in recent history according to the Illinois State Police. As of September 5, 2008, 681 traffic fatalities had occurred thus far in 2008, which is 172 fewer than the same time in 2007.

Officials suggest that a higher number of people using seat belts could account for the reduction in fatalities. A July 15, 2008 press release from the Illinois State Police suggests that 90 percent of motorists wear their seatbelts.

Additionally, a recent study by the University of Michigan found that the increase in gas prices nationally could account for the reduction of deaths.

Continue reading "NUMBER OF AUTO DEATHS REDUCED IN ILLINOIS" »