Chicago Accident and Injury Lawyer Blog

This week, U.S. Transportation Secretary Ray LaHood released a lengthy proposal which could require certain new motorcoaches to install lap-shoulder belts to help prevent driver and passenger ejections during collisions. The proposal defines a motorcoach as an "intercity, tour, or commuter bus" weighing over 26,000 pounds with seating for at least 16 passengers, and with at least two rows of forward-facing seats behind the driver.

However, the proposed rule excludes urban transit buses and large school buses. (Beginning next year, small school buses, under 10,000 pounds, will be required to have lap/shoulder restraints.) Why you might ask? Well, the National Highway Traffic Safety Administration (NHTSA) declares that the cost required to install seat belts in large school buses could be overly-burdensome. Specifically, the department stated in its proposal: "[R]equiring installation of seat belts on large school buses would increase school bus costs that the purchaser would have to bear. Those costs could result in fewer school buses used to transport children and more students having to use alternative, less safe means to get to school." NHTSA stated further: "NHTSA does not believe that passenger seat belts should be required on large school buses. Instead, the agency believes that local school transportation planners should be given the ability to analyze the transportation risks particular to their needs, and to decide whether they wish to incur the cost of purchasing large school buses equipped with passenger seat belts." See NHTSA's entire, 90-page proposal here.

Government agencies argue that large school buses should not be required to install seat belts since they must comply with more stringent safety standards than do motorcoaches, including compartmentalization, roof strength requirements and numerous additional safety features. However, would our children be safer with the added guarantee of a seat belt? I think so.

School bus safety is a major concern to parents and school administrators throughout the United States, and it is a frequent topic on this blog. Each year, a number of students sustain significant injuries or worse as a result of school bus accidents.

Continue reading "U.S. DEPARTMENT OF TRANSPORTATION CONSIDERS SAFETY BELTS FOR MOTORCOACHES " »

This morning, nine (9) elementary aged students from Joliet sustained injuries when a school bus driver lost control while making a u-turn and forced the school bus into a ditch. The bus driver was ticketed for failing to reduce speed to avoid a collision. The driver, Jeffrey Baranski, 63-years-old, was driving north on Route 53 when he attempted to turn the school bus around to travel southbound. Baranski lost control of the bus while making the u-turn and the bus entered a ditch in the center median. According to reports, the students were thrown forward on impact, with several suffering neck and back soreness.

School bus safety is a major concern to parents and school administrators throughout the United States. Each year, a number of students sustained significant injuries or worse, death, as a result of school bus accidents. Jeffrey J. Kroll was quoted in an April 2010 School Transportation News article entitled "The Cost of Hiring the Wrong Bus Driver." and school bus safety is a frequent topic on his blog. The Law Offices of Jeffrey J. Kroll handles all types of transportation injury cases, including school bus accident cases.

School bus drivers are responsible for transporting our precious cargo every day. School bus companies should ensure that their drivers are fully trained and capable of performing their job.

Jeffrey J. Kroll, was quoted in a April 2010 School Transportation News article titled, "The Cost of Hiring the Wrong Bus Driver." The article focuses on the costs associated with hiring ill-trained bus drivers, such as injury to students and others, increased liability and dissatisfaction among the school community. Jeff emphasized the need to fully train and properly select drivers to ensure that they are operating and managing the bus safely. Further, if there are any concerns, get rid of the driver.

Continue reading "SCHOOL BUS LIABILITY ATTORNEY URGES BUS COMPANIES TO ENSURE THAT THEY HIRE AND RETAIN SAFE DRIVERS" »

A semi trailer crashed into the rear of a Chicago Transit Authority (CTA) bus this afternoon injuring at least twelve people aboard the bus. The incident occurred at Loomis Street and Cermak Road in the west side of Chicago. The cause of the crash is under investigation.

Unfortunately, there were a number of other serious car accidents around Chicagoland this weekend. Eleven people were taken to the hospital after a two-car crash on the southside. In another tragic incident, four women were killed when their vehicle crashed into a tree in Englewood.

The Law Offices of Jeffrey J. Kroll is a Chicago-based law firm focused on transportation negligence cases. We represent individuals and families who have been the victim of truck, bus and automobile crashes. Our attorneys have seen firsthand the tragic outcome of serious car crashes and remind drivers that March is National Collision Awareness Month. Contact us today at (312)676-7222 if you or a loved one have been injured due to someone else's negligence.

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.

Students from a Wheaton, Illinois middle school were en route to a Shakespeare play in Chicago when the bus they were aboard rear-ended an automobile in Glen Ellyn. The students attend Monroe Middle School. The incident is being investigated.

We place our trust in the bus drivers who transport our children. We expect that proper maintenance is done on the vehicles and that proper background checks are performed on the drivers. School bus accidents are especially tragic because they involve our most precious cargo, our children.

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.

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!

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.

The U.S. Department of Transportation has released its Motorcoach Safety Action Plan. The plan addresses major safety issues such as driver fatigue and inattention, oversight of unsafe carriers, rollovers and occupant ejections.

750 million passengers annually travel by motorcoach. There is an average of 19 motorcoach occupants killed in crashes each year. Pedestrians and occupants of other vehicles involved in these crashes are not included in these statistics.

The plan proposes enhanced regulatory oversight and the use of new technologies, such as electronic on-board monitoring. The plan also proposes rulemaking to prohibit texting and limit the use of cellular telephones and other devices by motorcoach drivers to reduce distracted driving. Requiring seat belts is also advised in the plan to better protect motorcoach passengers.

A Chicago Transit Authority (CTA) bus drove into a home in the Morgan Park neighborhood in Chicago injuring at least four people. The bus struck a home at 115th and Vincennes where there were six people inside. There were reportedly three passengers on the bus along with the bus driver.

There was extensive property damage. The bus tore into the brick and concrete blocks on the side of the house.

Continue reading "CTA BUS DRIVES INTO A SOUTHSIDE HOME AND INJURES FOUR" »

School children in Chicago and throughout the country may be at risk in certain school buses equipped with unsafe materials. Nearly 2,000 unsafe school buses, which are primarily used to transport disabled children, are out on the road, despite the knowledge of the problem. Some problems include seat backs that fail to meet strength requirements and seat belt anchors that may also detach from the floor or wall.

After involvement from the National Highway Safety Transportation Authority (NHTSA), a New York company named Transportation Collaborative Inc. (TCI) agreed to notify customers this month that the small buses have parts that must be recalled. TCI alleges that a different company, U.S. Bus Inc., is to blame for manufacturing the faulty bus parts, which were sold from 2001 to 2007. NHTSA officials maintain that TCI and U.S. Bus are essentially the same company with different names.

Continue reading "UNSAFE SCHOOL BUSES ON THE ROAD" »

A 7-year old student's leg was run over this morning by a school bus. The bus driver had allegedly left his seat to help another student out of a safety seat in the rear of the bus. While the driver was walking to the back to assist the other child, the bus lurched forward, rolling over the boy's leg. The boy had somehow fallen into the path of the bus.

The incident occurred outside Neubert Elementary School in Algonquin. The boy was taken to a hospital in Elgin, but no reports about his condition have been released. The school district has not commented on the incident, but this underscores the importance of having supervision available in and around loading and unloading zones. This child should not have been in the path of the bus and the bus certainly should not have been unattended in the fashion that it was.

Remind your children to always stay clear of buses and to always look both ways before crossing any path used by vehicles of any kind.

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" »

A Chicago Transit Authority (CTA) bus struck and killed a pedestrian this past Thursday night in the 2000 block of East 95th Street on Chicago's South Side.

Police officials say that a northbound No. 14 Jeffrey Avenue CTA bus hit a 51 year old man near the bus shelter on the 2000 block of East 95th as the bus was pulling away from the stop. The man had not gotten on or off this particular bus prior to the accident and it is unknown how the bus struck the man.

The Major Accident Investigation unit is conducting a full investigation into the accident. As of now, no citations have been issued in connection with the fatal accident.

According to its website, the CTA operates the nation's second largest public transportation system. On an average weekday 1.7 million rides are taken on CTA. CTA has 1,971 buses that operate over 153 routes and 2,517 route miles. Buses make about 24,195 trips a day and serve approximately 11,701 posted bus stops.

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.

A CTA bus hit a light pole this morning near 25th and Ashland in Chicago. According to news reports, eleven people were transported to area hospitals. It is not clear if the victims were passengers or pedestrians.

In my experience as a Chicago personal injury attorney who has handled a variety of bus accident cases, investigating the incident is critical in developing a successful case against the CTA. The CTA often has investigators on the scene immediately after an incident to take pictures and canvas witnesses. Attorneys should be proactive in the discovery process to obtain documents and materials that support their clients' lawsuits.

I strongly believe that investigation results are discoverable and admissible at trial. An article that I wrote on this topic for the Illinois Bar Journal,"Revisiting Bulger v. CTA: The Case for Admitting Transportation Company Investigation Results," Vol. 92 (April 2004), discusses why these inter-company originated documents should be discoverable and admitted.

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" »

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" »

There was a bus accident this morning in northwest Indiana that took the life of a little girl. Around 8:15 a.m, an 11-year-old Schererville girl was killed when she was struck by a school bus. According to news reports on the bus accident, her mother drove her to the stop at 75th Avenue and Pershing Road, and the girl ran to catch the bus. Sadly, she was hit by the moving bus.

Schererville police and fire departments responded to the accident. The young girl was initially taken to Saint Margaret Mercy Hospital in Dyer for treatment, but she was transferred to a Chicago trauma center around noon.

I have previously written on this blog about the importance of school bus safety. At the beginning of this past school year, on September 11, 2008, I wrote about ways for school districts to protect our children who are riding buses. As the schools let out for summer, I hope that school districts and bus companies continue to consider ways of improving school bus safety for the sake of our children.

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" »

A judge in Huntley, IL has found school bus driver, Julieta Clinton, guilty of reckless conduct and child endangerment after she intentionally slammed on the brakes to throw children from their seats. Ms. Clinton entered a plea deal in which she did not admit guilt. She could face up to a year in prison when she is sentenced on April 3, 2009.

McHenry County prosecutors say Clinton was driving 54 youngsters, ranging in age from 5 to 10, to school last April when she became frustrated with their alleged unruly behavior and braked hard twice. One youngster was treated at a hospital and 18 others were treated at the scene.

Continue reading "MCHENRY COUNTY BUS DRIVER GUILTY OF RECKLESS CONDUCT" »

The Law Offices of Jeffrey J. Kroll and another Chicago law firm have settled the wrongful death lawsuit brought by the family of Sarah Channick, 18, for $1.25 million.

Sarah, who had started her freshman year at U of I, was struck and killed by the No. 22 Illini bus operated by the Champaign-Urbana Mass Transit District (MTD) while crossing within the crosswalk at the intersection of Sixth Street and Chalmers Ave. in Champaign.

Channick is survived by her father, mother and sister.

The MTD acknowledged and accepted responsibility early in the case for causing Sarah’s death. As Sarah’s family’s attorney, I hope that this tragedy and the lawsuit will encourage transit authorities to increase bus driver training and improve safety measures. After this incident occurred, the City of Champaign made changes at this intersection to make it safer for pedestrians.

See additional press coverage on the settlement and the lawsuit.

Continue reading "KROLL SETTLES LAWSUIT AGAINST BUS COMPANY FOR WRONGFUL DEATH OF U OF I STUDENT FOR $1.25 MILLION" »

An investigation is underway regarding a fatal accident that occurred on November 18, 2008 at the intersection of 179th and Route 6 (Southwest Highway) in Orland Park. An SUV driver was making a turn onto westbound Southwest Highway and was struck by a mid-sized school bus traveling eastbound. The driver of the SUV suffered injuries resulting in his death.

The "traffic concerns" at this intersection were the subject of a November 10, 2008 Village of Orland Park meeting. Reportedly, a resolution was recently unanimously passed to intercede with the Illinois Department of Transportation (IDOT) to reduce the speed limit in the area between Wolf and Will-Cook Road on Southwest Highway from 55 m.p.h. to 45 m.p.h.

There is debate regarding whether a traffic light would be helpful at this intersection. A train station and entrance to a subdivision are both located nearby.

Continue reading "DANGEROUS ORLAND PARK INTERSECTION SITE OF FATAL ACCIDENT" »

The Illinois Supreme Court is being asked to hold that a St. Clair County Municipal Bus Service has no duty to ensure the safety of young children after they get off their bus. Whitney Evans v. Bi-State Development Agency, No. 107329. The duty to ensure the safety of students after they get off the bus has traditionally been confined to school bus operators. Here, Bi-State was operating a bus service for the St. Clair County Transportation Authority. Bi-State provided a “tripper service” in which they would accommodate the extra demand of students traveling to and from school. The underlying lawsuit arises from a situation where a student was struck by a car after attempting to cross the street after the Bi-State bus she was riding departed from the bus stop.

In Illinois, bus operators and bus companies which transport our young children to and from school are required to use the highest degree of care in the practical operation of their buses. In this case, although they may not be a bus company by “name,” Bi-State is in the business of transporting children during the tripper service. As the plaintiff alleged in the case, Bi-State is operating as a “de facto” school bus company.

The bus company is attempting to avoid liability and financial responsibility by contending they were not operating a school bus “service” at the time of the incident.

Sadly, this is not an isolated incident. As previously mentioned on www.chicagoaccidentinjurylawyer.com, an average of 20 children die in school transportation-related crashes each year, according to the National Highway Traffic Safety Administration (NHTSA). Parents entrust that the bus companies, which are profiting from this business venture, will safely get their children from point “a” from “b.” Bi-State’s position seems to differ from that of the parents in Illinois law. Are they a school bus service? The Illinois Supreme Court may opt to decide this issue. Coincidentally, the appellate court denied Bi-State’s leave to appeal last month. All I know is if it walks like a duck, quacks like a duck and looks like a duck, it is usually a duck.

On September 22, 2008, nine bus passengers were injured in an accident involving two cars and a Chicago Transit Authority (CTA)on the South Side of Chicago. Two cars collided into each other and then veered into a No. 63 63rd Street bus.

If you or a loved one has been injured on a CTA bus, it is important to timely file the required notice with the CTA in order to pursue your action. The CTA has special notice requirements under the Metropolitan Transit Authority Act 70 ILCS 3605/41, to wit:

Within six (6) months from the date that such an injury was received or such cause of action accrued, any person who is about to commence any civil action in any court against the Authority for damages on account of any injury to his person shall file in the office of the secretary of the Board and also in the office of the General Counsel for the Authority either by himself, his agent, or attorney, a statement, in writing, signed by himself, his agent, or attorney, giving the name of the person to whom the cause of action has accrued, the name and residence of the person injured, the date and about the hour of the accident, the place or location where the accident occurred and the name and address of the attending physician, if any. If the notice provided for by this section is not filed as provided, any such civil action commenced against the Authority shall be dismissed and the person to whom any such cause of action accrued for any personal injury shall be forever barred from further suing.

Continue reading "CTA BUS ACCIDENT: NINE INJURED ON THE SOUTHSIDE OF CHICAGO" »

With the first day of school in the Chicagoland area comes the time-honored tradition of riding a yellow school bus. Many parents feel confident placing the safety of their children with the bus driver. At times, nothing could be further from the truth. As an attorney handling a number of bus accident cases, I want to emphasize that more needs to be done to protect our children.

An average of 20 children die in school transportation-related crashes each year, according to the National Highway Traffic Safety Administration (NHTSA). Just last May, fourteen children were injured in a Wisconsin bus collision with a semi-trailer.

There are ways of school districts protecting our children. For example, school districts should ensure the bus driver have adequate driving experience. According to the Department of Labor, many people who become school bus drivers have never driven any vehicle larger than a car. Bus drivers should have an adequate amount of training prior to driving the bus. Some school districts require between one and four weeks of training whereas others require up to eight weeks. Schools should also hold emergency bus evacuation drills at least twice years, in addition to providing a written evacuation plan. School district and state administrators should provide supervision for properly loading and unloading children especially in areas of high traffic congestion.

By taking the appropriate precautions, school districts can prevent bus accidents as well as reduce their liability. In doing so, they will be protecting our most precious commodity - our children.

Continue reading "SCHOOL BUS SAFETY IN CHICAGO" »