Chicago Accident and Injury Lawyer Blog

Bicycle helmets are just one of those things that are always on my radar. As the father of two young children, I think that bicycle helmets are essential for preventing injuries, especially serious brain injuries. As bicycle injury attorneys, we are always on the lookout for information that could enhance the safety of the biking community. We just recently learned that the U.S. Consumer Product Safety Commission (CPSC) announced a voluntary recall of Triple Eight bicycle helmets for children and youth. CPSC recommends that all consumers stop using the helmets immediately and contact Triple Eight toll free at (888) 548-8518 between 9 a.m. and 5 p.m. ET Monday through Friday or visit www.triple8.com for a refund.

According to CPSC, about 30,400 helmets have been sold at bicycle, sports and other retailers throughout the U.S., as well as online, from August 2006 until November 2011. The helmets retailed for about $40.00, and were manufactured in China. The recall came about due to product testing that "demonstrated that these helmets do not comply with CPSC safety standards for impact resistance. Consumers could suffer impact head injuries in a fall." So far, no injuries have been reported.

The helmets have been marketed as multi-purpose helmets. Those affected by the recall are called Little Tricky, Triple Eight S/M EPS Liner helmets, Sector 9 S/M EPS Liner helmets. CPSC has photos on its website.

The bicycle accident attorneys at the Law Offices of Jeffrey J. Kroll believe it is imperative for children to wear helmets while riding bicycles. At this point, a number of Illinois towns like Barrington, Illinois, mandate that children under 17 wear helmets while riding bicycles. The City of Chicago requires that bike messengers wear helmets. There is no state-wide rule at this point. Required helmet use can be controversial. Some say advocates would be wise to focus their attention on proper bicycle use over mandated helmet use, especially in an urban setting. Supporters of bike helmet laws believe that helmet use can help prevent serious brain injury in the event of a collision or fall.

The Illinois Secretary of State reports that a bicycle helmet can reduce the risk of head injury by up to 85 percent in the event of a crash. When it comes to children, however, the effectiveness of the bike helmet in preventing injury depends on whether or not the helmet fits properly and complies with CPSC standards.

To prevent devastating injuries, drivers must keep their eyes on the lookout for bicyclists and pedestrians. Illinois requires that drivers exercise due care to avoid colliding with anyone operating a bicycle, with a pedestrian, or with any other device propelled by human power. See 625 ILCS 5/11-1003.1.

Continue reading "BICYCLE HELMETS RECALLED BY TRIPLE EIGHT DUE TO RISK OF HEAD INJURY" »

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"" »

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" »

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

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

According to Transportation for American, between 2000 and 2009,

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

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

Continue reading "CHICAGO PEDESTRIAN DEATH" »

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."

Headline Blues, pp. 4-5.

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" »

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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" »

With children back to school for nearly a month now, many families have adjusted to new schedules and have come to terms with cooler temperatures as fall-like conditions quickly hit the Chicago area. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll believe that now is as good of a time as any to review safety measures with children of all ages. The Chicago Accident and Injury Lawyer Blog recently discussed Heather A. Begley's tips on bus safety. We have also found the following tips from the Consumer Product Safety Commission (CPSC) that should be reviewed by parents, caregivers and students:

1. Children who ride bikes or scooters to school should wear a properly fitted helmet while riding. Helmets that have already been involved in an accident must be discarded.

2. With that said, children should not wear helmets while playing on playgrounds as they can become attached to playground equipment and cause strangling.

3. In the same vein, remove drawstrings from your child's hooded jacket, or "hoodie," to prevent strangulation injuries. Also remove drawstrings from the waist line. "CPSC has received 26 reports of children who died when the drawstring on their clothing became tangled on playground slides, school bus doors and other objects. Waist and bottom drawstrings have been caught in doors or other car parts resulting in dragging incidents."

4. CPSC has recommended that soccer coaches, school officials and soccer field maintenance personnel anchor goals to the ground so they do not fall over and cause a serious injury or death. Illinois has recently enacted Zach's law, which requires all moveable soccer goals made or sold in Illinois to be tip-resistant.

Continue reading "IT'S NOT TOO LATE TO REVIEW BACK-TO-SCHOOL SAFETY TIPS" »

Collisions between bicycles and vehicles are scary business. Often, the bicyclist will suffer severe injuries, which could include concussions, traumatic brain injury or death. As a result, bicyclists often have a difficult time remembering and retelling the details of the crash. Now, bicycle GPS systems are being used to fill in the holes, as an article in the New York Times, entitled "Bike Crash Wiped Details; GPS Data Filled Them In," recently discussed. The Chicago bicycle accident attorneys at the Law Offices of Jeffrey J. Kroll read the article and agree that a bike's GPS system can reveal crucial information in the event of a bicycling accident.

The article discusses an incident where a top American bicyclist was hit by a car while crossing an intersection. He avoided serious injury by somehow catapulting himself over the hood of the car, but his bicycle wasn't so lucky. When he tried to get the driver's insurer to cover the cost of repairs, local police enforcement officers suggested he send the data from his GPS system to the driver's insurance company. Within days, the insurance company accepted responsibility for the crash.

Data from a bicyclist's GPS system can reveal enlightening information in the event of crash, including the accident location, the bicycle's speed, and the bicyclist's heart and pedaling rate. With the use of the internet, and sites like Google Maps, the information can pinpoint the site of the crash.

Continue reading "GPS DATA USED IN BIKING CRASHES" »

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" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll just read an interesting piece by the Chicago Tribune's Jon Hilkevitch, which found that "most people hit by cars in the city [of Chicago] are in a crosswalk." In fact, citing a study commissioned by the Chicago Department of Transportation, Mr. Hilkevitch wrote that about "80 percent of vehicle-pedestrian crashes in Chicago occur at intersections and commonly involve people crossing the street with the walk signal." Why is this so? Mostly as a result of drivers' failure to yield to pedestrians, especially when turning a vehicle.

With vehicle-pedestrian crashes in Chicago numbering near 3,000 a year, we wonder if drivers are even aware of the Illinois law that requires drivers to stop for pedestrians in crosswalks. The Chicago Accident and Injury Lawyer Blog wrote about the law last year. As a recap, the Illinois legislature amended the Illinois statute, specifically 625 ILCS 5/11-1002, last summer, requiring all drivers to STOP and yield the right-of-way to pedestrians using crosswalks if there are no traffic control devices present. At that time, the Chicago Police Department stated it had stepped up its enforcement of the new crosswalk statute to enhance safety and minimize accidents involving cars and pedestrians. The Tribune article states that it is still too early to determine whether the 2010 amendment has improved safety. However, according to the Tribune, "IDOT provisional numbers for 2010 show 2,943 vehicle-pedestrian crashes in Chicago last year, 32 pedestrian fatalities and 409 serious injuries." Not much of improvement.

The article also addresses another concern: the rising number of Chicago hit-and-runs. The study reported the devastating news that an "average of two hit-and-run pedestrian crashes resulting in deaths or injuries take place each day in Chicago." (Emphasis added.) Chicago's rate of hit-and-runs is double the national average.

Cabdrivers were also discussed, with the numbers showing that cab drivers were involved in "28 percent of pedestrian crashes and 34 percent of pedestrian accidents in high-crash corridors downtown."

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON SAFETY OF PEDESTRIANS IN CROSSWALKS" »

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.

A Transportation for American report entitled "Dangerous by Design" ranked the Chicago-Naperville-Joliet area as the 38th most dangerous metro area in the United States, reporting 1,322 pedestrian fatalities between 2000 and 2009. During that same time period, 1,659 people were killed while walking throughout Illinois.

The personal injury attorneys at the Law Offices of Jeffrey J. Kroll have reviewed the report, and applaud Transportation for American for providing such a comprehensive study into a nearly neglected area, pedestrian safety and the design of American streets.

Chicago Accident and Injury Lawyer Blog recently discussed the City of Chicago's efforts to improve pedestrian safety with its Chicago Pedestrian Plan, which may include improvements such as pedestrian countdown timers at crosswalks, curb bump-outs and medians for walking, to name a few.

According to Transportation for American, between 2000 and 2009, "more than 47,700 pedestrians were killed in the United States, the equivalent of a jumbo jet full of passengers crashing roughly every month. On top of that, more than 688,000 pedestrians were injured over the decade, a number equivalent to a pedestrian being struck by a car or truck every 7 minutes." To improve pedestrian safety and prevent personal injury and death, Transportation for American is requesting that Congress dedicated federal funding for the safety of people on foot or on bicycle, adopt a national policy, create networks of sidewalks, bicycle paths and trails, set safety goals, and hold states accountable for creating communities that are safe for walking.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY DISCUSSES PEDESTRIAN SAFETY" »

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"? " »

With last weekend's World Naked Bike Ride in Chicago, I'm pretty sure many of us were thinking, "Is that safe?" While I do not envision a naked bike ride in my future, I do often have bike safety on my mind, thanks to my two children. An article posted by My Fox Chicago, entitled "Bicycle Safety Isn't Child's Play Anymore," recently caught my attention. It stated:

While most people ride bikes recreationally, an increasing number of adults are riding their bike to work in order to improve their health, save money and reduce their overall carbon footprint. Therefore, despite conventional wisdom, children are not the primary victims of bicycle crashes. Of the 630 bicyclist deaths in 2009, 8 out of 10 were adults older than 21.

As a result, "the League of American Bicyclists and AAA have partnered on a campaign to encourage adult bicyclists to take five easy steps to safer riding.”

This is what they suggest:

Follow the Rules of the Road: Always ride with traffic, using the rightmost lane, obeying the same laws as motorists. Use hand and arm signals to indicate your intention to stop, merge or turn.

Be Visible: Ride where drivers can see you. Do not ride on the sidewalk. Wear brightly colored clothing at all times. At night, use a white front light and red rear light or reflector, and wear reflective clothing.

Be Predicable: Ride in a straight line and don’t swerve between parked cars. Make eye contact with motorists to let them know you are there.

Anticipate Conflicts: Always be aware of traffic around you and be prepared to take evasive action, exercising additional caution at intersections. Learn braking and turning techniques to avoid crashes.

Wear a Helmet: Helmets, when worn properly, are up to 85 percent effective in protecting the head and brain in the event of a crash. Should you crash, or have an impact that affects your helmet, replace it immediately. Fit matters: Wear your helmet level on your head, low on your forehead, with no more than two finger widths above your eyebrow.

Continue reading "BICYCLE SAFETY… IT'S NOT JUST FOR KIDS" »

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" »

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" »

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.

I can't help it. Every March, I fall victim to Spring fever. A little early, I know, but I am anxious for warm, sunny days to grace Chicago once again. If you are like me, you too cannot wait to come out of hibernation and enjoy life in and around the Chicagoland area. With that in mind, throughout this season, I plan to post a number of blogs addressing pedestrian and bicycle safety issues, from bicycle helmet use to issues involving pedestrians as well as pertinent statutes and much more. All of which are aimed at your safety.

To kick this series off, I will address one of my biggest concerns with bicycle safety: the use and nonuse of bike helmets. As a father to two young children, I require my children to wear helmets while riding their bicycles. There is no Illinois statute supporting my rule, but a number of towns, like Barrington, Illinois, mandate that children under 17 wear helmets while riding. (The City of Chicago requires that bike messengers wear helmets.) Required helmet use can be controversial. Some say advocates would be wise to focus their attention on proper bicycle use over mandated helmet use, especially in an urban setting. Supporters of bike helmet laws believe that helmet use can help prevent serious brain injury in the event of a collision or fall. In fact, the State of Illinois has reported that a bicycle helmet can reduce the risk of head injury by up to 85 percent in the event of a crash. When it comes to children, however, the effectiveness of the bike helmet in preventing injury depends on whether or not the helmet fits properly and complies with Consumer Product Safety Commission standards.

To prevent devastating injuries, drivers must keep their eyes on the lookout for bicyclists and pedestrians as more and more people venture out of the house as the weather warms up this Spring. No texting, emailing, facebooking or tweeting while driving please. Although the road may appear to be wide open one moment, a bicyclist or pedestrian can appear at any time. Illinois requires that drivers exercise due care to avoid colliding with anyone operating a bicycle, with a pedestrian, or with any other device propelled by human power. 625 ILCS 5/11-1003.1. Please be alert and aware.

Metra, the Chicago area commuter passenger service, has installed a new pedestrian grade crossing system at eight stations on its Union Pacific West Line beginning March 1, 2011. The system, named Another Train Warning System (ATWS), is the latest change by Metra and Union Pacific to improve the flow of commuter and freight traffic. ATWS, which employs audible and visual alerts to warn pedestrians at crossings near the stations that the second train is approaching or present, can be found at the Maywood, Melrose Park, Elmhurst, Villa Park, Glen Ellyn, College Avenue, Winfield and Geneva stations.

ATWS has not come without a trade off. Freight trains will no longer be held back from rolling through commuter rail stations along the Union Pacific West Line during rush hour. Metra has also eased its policy that formerly prohibited commuter trains from entering a station when another train was picking up or dropping off passenger.

All pedestrians and motorists, please be aware of these changes, which -- in my opinion -- come close to bordering on favoring productivity over pedestrian/motorist safety.

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.

Illinois has a new law to protect the state's bicyclists, pedestrians and horseback riders. Public Act 096-1007, which was introduced as Senate Bill 2951 was signed into law by Governor Quinn today.

The legislation amends Section 11-703 of the Vehicle Code to provide that a person driving a motor vehicle shall not, 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." Crowding a bicyclist, pedestrian or horseback rider is now a Class 3 felony, rather than a Class 4 felony.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY APPLAUDS NEW LEGISLATION IN ILLINOIS" »

As a bicycle accident attorney in Chicago, I found a recent report on the attitudes and behavior of bicyclists from the National Highway Transportation Safety Administration (NHTSA) very interesting. The data comes from 9,616 U.S. residents age 16 and older during the summer of 2002. The August of 2008 report contained the following interesting findings about who is riding and the reason that they ride:

- Slightly less than half (46%) of those 16 and older have regular access to a bicycle.
- 43% ride a bicycle at least once during the summer months.
- Bicycling declines with age.
- The majority of bicycle trips are for recreation or exercise; only 14% of rides were to run errands and 5% were for commuting to work or school.

With regard to the where they ride and safety issues, the findings include:

- 48% of trips were made on paved roads.
- 32% of bicyclists said bike paths were available, but they do not use them because they are not convenient, available or go where they need to go.
- 4% of bicyclists were injured while riding in the past two years;
- 50% of bicyclists wear a helmet for some trips and 35% of bicyclists wear a helmet for all trips.
- 47% of bicyclists would like to see changes in how their local community is designed for making bicycle riding safer, including more bike lanes (38%) and bike paths (30%).

To create a bike route for your next bike ride, check out Google Maps, which now has a bicycle feature.

With spring weather here in earnest, many bicyclists are facing a danger that they literally do not see coming. One of the most common accidents to a bicyclist occurs when a car door is opened in the path of a bicyclist. People who are exiting a parked car must look for bicyclists every time they exit. This is especially true in the City of Chicago. The City of Chicago understands this problem and currently has an ordinance which makes it illegal to open a car door in front of a bicyclist.

Chicago Municipal Ordinance 9-80-035 provides:

No person shall open the door of a vehicle on the side available to moving traffic unless or until it is reasonable safe to do so and can be done without interfering with the movement of other traffic, nor shall person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

The Law Offices of Jeffrey J. Kroll is concerned with bicycle safety and has previously posted bicycle safety tips on this blog. If you or a loved on have been injured as a bicyclist, contact our personal injury law firm at (312)676-7222.

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.

The Chicago Department of Transportation (CDOT) and Mayor Daley’s Pedestrian Advisory Council (MPAC) are encouraging residents and business to remove sidewalk snow.

A program created by CDOT involves informational door hangers intended to increase awareness and encouragement. The door hangers were distributed to the offices of city aldermen and community and business groups. The door hanger promotes being a good neighbor when it comes to sidewalk snow removal. The hanger also informs residents and business that Chicago municipal code requires them to clear sidewalks of ice and snow.

The Sidewalk Snow Clearance campaign recognizes businesses that do an excellent job at removing snow and ice.

Snowy and icy sidewalks are a serious hazard to pedestrians. As I have observed countless times as a Chicago personal injury attorney, a fall on an icy patch can change a person's life due to the devastating injuries sustained. Homeowners, landlords and business owners, please keep sidewalks, common ways, driveways and parking lots free of ice and snow!

A study presented by the 2009 Clinical Congress of the American College of Surgeons held on October 11 to 15, 2009 in Chicago, shows that injuries due to bicycling are on the rise. The researchers found that the severity and number of bicycle injuries has been on the rise the past eleven years.

The Law Offices of Jeffrey J. Kroll was recently retained by a young woman who was injured when her bicycle was struck by a motor vehicle in Cook County. The woman sustained multiple injuries as a result of the collision.

Continue reading "CHICAGO BICYCLE INJURY LAWYER URGES HELMET USE!" »

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!

A 32-year old bicyclist was killed in Chicago on December 16, 2009 by a hit-and-run driver in the Logan Square neighborhood by a van driver who was involved in road rage with another van. According to media reports, the driver of one van rammed a second van repeatedly. The van that was being struck by the other van swerved off the road and crashed through a body shop's wrought-iron fence. Sadly, the driver of the other van also lost control and struck the bicyclist.

The body shop had a surveillance video camera that recorded the crash and its aftermath. Road rage is irresponsible and can lead to tragedy. In this case, an innocent bystander who was reportedly filling out job applications, lost his life. Please drive safe.

It is widely know that talking on a cell phone while driving is one of the most dangerous behaviors a driver can engage in, but a new study published in the journal "Accident Analysis and Prevention" shows that walking while talking on a cell phone can also be dangerous.

Researchers from the University of Illinois studied 36 college students as they walked on a treadmill in a "virtual environment" meant to simulate crossing a busy street. The subjects "crossed the street" while undistracted, while talking on a cell phone, or while listening to music on an iPod. The researchers found that the students who were talking on a phone took 25% longer to cross the street than those who were not on the phone. Moreover, those on the phone were less likely to cross the street in the 30 seconds allotted. Students not on the phone or listening to music had no problem crossing the street in the time permitted.

In a second, unpublished study, the researchers studied 48 adults, aged 60 and older, including some with a history of falling. Older adults on the phone got "run over" 15% more often than those who were not on the phone.

This study suggests that "distracted walking" can be just as hazardous as distracted driving. As pedestrians, we have a duty to be alert to traffic and to obey traffic signals and signs. Do your part to prevent pedestrian accidents by paying attention and minimizing distractions.

Continue reading "NEW STUDY REPORTS DANGERS OF WALKING & TALKING" »

A 23-year-old woman was killed yesterday after she fell from her bicycle and was run over by a truck in Chicago's Roscoe Village.

Chicago police report that the cyclist was riding southbound on Damen Avenue near its intersection with Wellington Avenue with her 24-year-old female roommate. They stopped for a red light at Wellington and were between the bus and the truck. Police spokesman John Mirabelli said that the victim slipped and fell underneath the truck when traffic started moving. The truck driver was unaware that the woman had fallen underneath his truck and ran over her. She was taken to Advocate Illinois Masonic Medical Center where she was pronounced dead.

According to the Centers for Disease Control (CDC), more than 700 cyclists are killed each year in bicycle accidents. Bicycle fatalities represent just fewer than two percent of all traffic fatalities, and yet bicycle trips account for less than one percent of all trips in the United States. The most serious injuries among a majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet. Helmet use has been estimated to reduce head injury risk by 85 percent, according to the Insurance Institute for Highway Safety.

Pursuant to Chicago municipal ordinance, "Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of Illinois." Motorists need to be attentive to bicycles and keep the following safety tips, courtesy of Traffic Safety in Alberta, in mind:

* When passing a cyclist, go around them like you would any other vehicle. Leave lots of room.
* When you are preparing to make a right turn, watch for cyclists who may pull up alongside your vehicle. Remember to shoulder check your blind spots.
* When pulling away from the curb, always check for cyclists who may be trying to pass you.
* When parked at the curb, always check for cyclists before you open your vehicle door. It is the driver's responsibility not to open the vehicle door into traffic.
* Do not follow too close behind cyclists. They do not have brake lights to warn you when they are stopping.
* Cyclists are entitled to make left turns in the same manner as motorists. Since they are more exposed to traffic on left turns, they will need extra consideration, especially on multi-lane roads.
* Cyclists are required to ride as close as practicable to the curb, however, they may need to ride further out when they have to steer away from drainage grates, pot holes, debris, loose gravel or sand, wet or slippery surfaces, rutted or grooved pavement and even dogs. Be aware of the roadway conditions that may affect a cyclist.
* Do not sound your horn unnecessarily when you are overtaking a cyclist. It may startle them and cause them to lose control. If you feel that you must use your horn, tap it quickly and lightly while you are still some distance away from the cyclist.

Similarly, cyclists have a duty to ride responsibly and follow the rules of the road. Always wear a helmet and ride defensively.

Continue reading "CYCLIST KILLED BY TRUCK ON CITY'S NORTH SIDE" »

On January 24, 2008 Scott Hirschey and his best friend, Chicago news anchor Randy Salerno, were snowmobiling in the Northwoods of Wisconsin. Hirschey was driving with Salerno on the back. According to police reports, Hirschey missed a trail entrance and hit an embankment, sending the snowmobile 20 feet in the air before hitting a tree. Hirschey's blood alcohol content was .183, more than double the legal limit.

Hirschey was charged with one felony count of homicide by intoxicated use of a vehicle in the death of his friend. Just last week a plea agreement was reached. Hirschey will serve three years probation and 100 hours community service. He will be able to complete his probation in Illinois. A felony conviction will be on his permanent record.

This story once again underscores the dangers of mixing drinking and driving. Any type of vehicle, be it a car, a boat or a snowmobile should never be driven when you have been drinking. The potential results are too devastating to take a chance. Tragedies that result from drinking and driving are 100% preventable. Designate a driver anytime you will be drinking.

A 60-year-old Illinois woman was attending a convention in San Diego last week when she was involved in a fatal pedicab accident. She reportedly hit her head on the ground after falling out of a moving pedicab in the downtown area. The pedicab was traveling in an area where pedicabs and bicycles are prohibited. The pedicab driver, a resident of Turkey living in the US on a work visa, was arrested and charged with involuntary manslaughter.

In response to the accident, four San Diego City Council members have called for stricter regulations and oversight of pedicabs. Approximately 400 pedal-powered, three-wheeled pedicabs roam the streets of San Diego, particularly in the summer months, when tourists abound. The city council members believe the death underscores the need to step up oversight of the industry.

New proposed regulations include banning three-wheeled taxis from sidewalks and from streets with speed limits greater than 25 miles per hour. The city also wants to cap the number of pedicabs allowed to operate at 250 and further limit the number allowed in high-traffic areas.

Since at least 2000, pedicab drivers have been required to register with the City of San Diego. Each cab must have seat belts, but riders are not required to wear them. Police said that pedicab involved in last week's fatality did not have seat belts. The driver was reportedly swerving through a no-pedicab zone when the woman was thrown from the vehicle.

My sincere condolences to the family and friends of this woman.

Continue reading "ILLINOIS WOMAN KILLED IN PEDICAB ACCIDENT" »

Two cyclists, a mom and daughter, were struck by a pick-up truck Sunday while riding their bikes in Kendall County. The 46-year old mother was pronounced dead at Rush-Copley Medical Center in Aurora. Her 25-year old daughter remained in fair condition Monday.

The man who hit the women, a 43-year-old Yorkville resident, was traveling east on Kennedy Road when he struck the cyclists who were also riding eastbound. Police charged the driver with improper lane usage. A preliminary investigation does not show sings of drug or alcohol involvement. Police also believe that speed did not play a factor in the accident.

All motorists need to remember to SHARE THE ROAD. Cyclists enjoy the same rights as motorists on the roads and are entitled, in fact required, to ride on the street alongside vehicular traffic.

Drivers, please keep these following tips, courtesy of the League of American Bicyclists, in mind when you encounter a cyclist on the road:

Drive Cautiously:
* Reduce speed when encountering cyclists.
* Don't tailgate, especially in bad weather.
* Recognize hazards cyclists may face and give them space.

Yield to Cyclists:
* Bicycles are considered vehicles.
* Cyclists should be given the appropriate right of way.
* Allow extra time for cyclists to traverse intersections.

Be Considerate:
* Scan for cyclists in traffic and at intersections.
* Do not blast your horn in close proximity to cyclists.
* Look for cyclists when opening doors.

Pass with Care:
* When passing, leave four feet between you and a cyclist.
* Wait for safe road and traffic conditions before you pass.
* Check over your shoulder before moving back.

Watch for Children:
* Children on bicycles are often unpredictable.
* Expect the unexpected and slow down.
* Don't expect children to know traffic laws.
* Because of their size children can be harder to see.

Continue reading "PICK-UP HITS 2 CYCLISTS; 1 DEAD" »

A 65-year-old California man was bicycling his way across the United States when his trip and his life were cut short by a drunk driver. The cyclist was struck and killed on June 21 while riding his bike east on U.S. Route 50, about 60 miles east of St. Louis. The driver of the vehicle that struck the cyclist from the rear fled the scene, but was later arrested. The 27-year-old Centrailia, Illinois man has has since been charged with aggravated leaving the scene of an accident involving death.

Prosecutors in Clinton County are reviewing all details of the case, including the driver's blood-alcohol level and may file felony DUI charges. The driver is being held in jail on $100,000 bail.

The cyclist had left his home in Chula Vista, California on April 27 and had plans to bike all the way to Washington, D.C. on a trip he had called his "Mad As Hell Bike Ride Across U.S." Along the way, he was gathering signatures and protesting the government bailouts.

The cyclist was a seasoned rider, but this tragic story proves that even the most experienced riders face perilous risks. The section of Route 50 on which he was riding was a narrow, two-lane highway with no shoulder and poor lighting. While these conditions serve as no excuse for the man accused of striking and killing the cyclist, we are all reminded to take precautions when riding at night. Wear reflective clothing and use other protective gear, especially a helmet. Try to bike on roads that have marked bicycle lanes and, when riding at night, try to stay in areas that are well-lit.

My most sincere condolences to the family and friends of this man who was hoping to have his voice heard in our nation's capital.

Continue reading "CYCLIST KILLED IN HIT AND RUN" »

Bicycling season is well under way in Illinois. Before you hit the trails, consider proper bike safety. The U.S. National Highway Traffic Safety Administration reported that 698 cyclists were killed and an additional 44,000 were injured in traffic crashes in 2007.

Take precautions to limit your risk as a cyclist. Such precautions include wearing a helmet that fits properly. One study reports that it would be cheaper for society, overall, to give every child that rides a bike a helmet rather than cover the medical costs that stem from injuries. You should also wear appropriate clothing, especially at night, in order to be visible to traffic. Regular maintenance of your bike is also key to safe riding. Most importantly, pedal with safety in mind. Respect all the rules of the road as if you were in a car. Keep to the right and ride with traffic, as opposed to against it. Ride your bike predictably and always signal when you turn or stop.

Motorists need to be extra cautious, as well, now that more bikes are on the road. Cyclists should be treated as any other vehicle operator on the road.

May is Bicycle Safety Month and I want to remind everyone, particularly parents, that this is the time to reinforce safe riding habits, such as wearing a helmet. Helmets can prevent serious head injuries and brain damage and are an important part of bike safety for all ages.

About 800 people are killed in bicycle-related crashes each year in the United States. About 70% of all fatal bicycle crashes involve head injuries, yet only about 20-25% of all bicyclists wear helmets. What's more - a bicycle helmet can reduce the risk of a head injury by up to 85%. There's no question that helmets save lives, so please remind your kids to always wear one.

Here are some other safety tips to keep in mind when you wheel out the bike:

* Adjust your bicycle to fit. The seat height should be adjusted to allow a slight bend at the knee when the leg is fully extended. The handlebar height should be at the same level with the seat.
* Make sure tires are inflated properly and your brakes work before you leave.
* Ride on the right in the same direction as other vehicles.
* Signal your intentions in advance so motorists have a chance to react.
* Always ride with at least one hand on the handlebars.
* Watch for road hazards such as potholes or broken glass.
* Check your quick release on both the front and rear wheels to ensure that it is fully closed.

Continue reading "CHICAGO INJURY ATTORNEY REMINDS YOU TO WEAR A HELMET WHEN YOU BIKE!" »

This morning was the annual "Bike the Drive" event in Chicago. The event involved 20,000 bicyclists cruising down Lake Shore Drive, which was free of cars. Starting at 5:30 a.m., the drive was closed to vehicles and open only to bicyclists. The event allows cyclists the opportunity to drive on a major thoroughfare, along the lakefront, without the fear of the danger that accompanies sharing the road with motorists.

On the same morning that the "Bike the Drive" event was held, a Chicago police officer appeared in court Sunday after being charged in an accident that killed a 13-year-old boy. It is such a tragedy; this little boy's wrongful death occurred while he was enjoying an activity that is a part of everyone's childhood, riding a bicycle. The officer is charged with reckless homicide, aggravated DUI, and leaving the scene of an accident.

As a Chicago personal injury attorney, I have handled a number of bicycle and pedestrian injury cases. These incidents are nearly always preventable. As the weather warms up and more bicyclists and motorists are sharing the road, I urge everyone to be careful and follow the rules of the road.

A 42-year old man was struck and killed by a taxi cab this morning around 6:30 a.m. as he was walking down the street. The cab was coming out of a driveway when he struck the pedestrian. He was cited for failing to stop when emerging from a driveway or alley.

The National Highway Traffic Safety Association (NHTSA) reports that in 2007, 4,654 pedestrians were killed in traffic crashes in the United States — a decrease of 13 percent from the 5,321 pedestrians killed in 1997. Nevertheless, a pedestrian is killed in a traffic crash every 113 minutes and injured in a traffic crash every 8 minutes. Most pedestrian fatalities in 2007 occurred in urban areas (73%), at non-intersection locations (77%), in normal weather conditions (90%), and at night (67%). Moreover, there were 70,000 pedestrians injured in traffic crashes in 2007.

Drivers, particularly drivers emerging from driveways and alleys, must be aware of their surroundings. With the warmer weather, more people will be out walking, running, riding their bikes and rollerblading. Drivers must be actively looking for these people. Drive cautiously, pay attention to your surroundings and drive slowly enough in residential areas that you can stop suddenly if need be. While the 13 percent decrease in pedestrian fatalities is laudable, there are still thousands of people getting killed each year by inattentive drivers. It is up to everyone to reduce this number even more.

Specialized brand bicycles announced a voluntary recall of its 2004 Roubaix Comp 18, 2004 Roubaix Comp 27, 2004 Roubaix Pro 18, and 2004 Roubaix Pro Frameset bicycles this week. According to the U.S. Consumer Product Safety Commission (CPSC), the cable stop on the bicycle can loosen, which can cause the rider to lose control and fall from the bike.

The voluntary recall was initiated after Specialized received reports of two falls that resulted in fractures requiring medical attention and surgery.

The recalled bikes were sold nationwide from September 2003 through August 2004 at authorized Specialized dealers for between $1600 and $4000. If you own one of the recalled bikes (the model names of the recalled bikes can be found on the top tube of the bike frame), you should immediately stop using it and return it to an authorized Specialized dealer for an approved repair, free of charge.

Additionally, Specialized has voluntarily recalled its 2009 Model bicycles due to a defect in the handlebars which poses a fall hazard to the rider. Specialized initiated this recall after receiving reports of the handlebars breaking during use, one of which caused a rider to suffer head trauma and a puncture wound to the arm.

This recall involves HL handlebars (model number ALR-14 NTFOV) on the following 2009 models: Cross Trail Comp, Myka HT Elite, Myka HT Comp, Rockhopper, Rockhopper Comp Disc, and Rockhopper Comp Disc 29. If you have purchased one of these models, stop using it immediately and contact a Specialized dealer for a free replacement handlebar.

Continue reading "BICYCLE RECALL DUE TO FALL HAZARD" »

Each year, more than a quarter of a million children are treated in hospital emergency rooms for injuries related to skateboarding, scooters and biking. If you add into the mix, baseball related injuries or other activities that require helmets, it is obvious that wearing a helmet shows you are using your head.

For many sports related activities, a helmet can reduce the risk of serious head injury and even save lives. If you are wearing the appropriate helmet during a fall or collision, the impact energy will be absorbed by the helmet, rather than the head and brain.

It is important to note that all helmets are not created equal. There are different helmets for different sports. While some can be worn for multiple sports or activities, each helmet is designed to protect your head from the impacts common to that particular sport or activity. Common sense will dictate that a baseball helmet is different than a bike helmet. Bicycle helmets manufactured after 1999 must meet the Consumer Protection Safety Commission’s Bicycle Helmet Standards. The Consumer Product Safety Commission does produce a guide, “Which Helmet for Which Activity,” which can assist you in choosing your helmet.

Continue reading "HELMETS PREVENT HEAD INJURIES TO CHILDREN" »

During my career as a personal injury attorney in Chicago and the surrounding suburbs, I have represented numerous individuals who have been struck by vehicles while they were crossing the street in the crosswalk, which is supposed to be a zone of safety.

Pedestrian safety is now on the agenda in the City of Chicago. Under the law, a motorist must yield to a pedestrian who has entered the crosswalk. At crossings with traffic lights, motorists, bicyclists and pedestrians must obey their signal. At stop signs, pedestrians have the right of way, unless they begin crossing the street after the car has legally stopped and begun to proceed across the street. The City is planning on cracking down on drivers who do not yield to pedestrians in the crosswalk.

The City's plan consists of "at least 50" operations involving undercover police officers posing as pedestrians. Fines for violators will range from $50 to $500.

Sadly, last year alone, there were more than 3,000 pedestrian-related accidents on Chicago streets. More than 50 of them resulted in pedestrian fatalities, an average of one a week.

The first two-hour sting will take place April 20, with at least two a week through the end of this year. The locations of the undercover operations have not been revealed yet, bu tthey will be publicized in order to give motorists fair warning.

Each of the city's 25 police districts will get at least two stings at crosswalks near schools, senior housing and commercial districts. Most if not all of the locations will be "at or within a few blocks" of the site of a pedestrian crash in 2006 or 2007. The worst intersection in Chicago for pedestrian accidents is King Drive and 79th Street, with 13 accidents over a two-year period ending in 2005. That's followed by 79th and Ashland (11); North and California (10), and Madison and Cicero (9).

Continue reading "UNDERCOVER OPERATIONS BEGIN AT CHICAGO CROSSWALKS" »

A 30 or 31 year old female pedestrian was struck and killed by a vehicle while walking through a crosswalk early yesterday morning. The woman was hit at the intersection of West School Street and North Harlem Avenue on the northwest side of Chicago. The Major Accident Investigation Unit is investigating the incident.

The Federal Highway Administration recommends that pedestrians make themselves visible to drivers by wearing retroreflective materials and bright or light colored clothing. At nighttime, the FHWA suggests carrying a flashlight, not wearing headphones, and using extreme caution when crossing the street. Pedestrians should also avoid dangerous behavior and always walk on the sidewalk; if there is no sidewalk, walk facing traffic. Finally, pedestrians should cross streets only at marked crosswalks or intersections and obey traffic signals such as walk/don't walk signals.

Drivers should also be aware of pedestrians. The FHWA recommends that drivers scan the road and the sides of the road ahead for potential pedestrians, looking in all directions for pedestrians before making a turn, and not driving while distracted or under the influence of drugs or alcohol. Drivers should always stop or yield to pedestrians at crosswalks and when making right or left turns at intersections. The FHWA encourages drivers to drive the speed limit and avoid aggressive maneuvers and to always be prepared to stop for pedestrians, especially in residential areas and near schools.

As noted in my blog last week, "falling back" can be good for your heart, but it can mean death for pedestrians.

Researchers from Carnegie Mellon University discovered that pedestrians walking around dusk are three times more likely to be struck and killed by cars after clocks are turned back. They concluded that 37 more American pedestrians die around 6 p.m. in November compared to October. This translates to a 186% increase in pedestrian deaths from October to November. The risk for pedestrian deaths at 6 p.m. is by far the highest in November than any other month. This risk decreases each month through May. Indeed, the risk at 6 p.m. in November, after daylight saving time ends, is eleven times higher than the risk at 6 p.m. in April, when daylight saving begins.

The spike in pedestrian deaths after moving the clocks back is directly related to the end of daylight saving time and earlier darkness, but the researchers claim it's not necessarily the darkness itself, but rather the adjustment to earlier nighttime that is the killer. The drop-off in pedestrian deaths by December suggests the risk to pedestrians is caused by the trouble drivers and pedestrians have adjusting to darkness that suddenly comes an hour earlier.

The researchers noted that the reverse happens in the morning, when daylight comes earlier. Pedestiran risk plummets, but there are fewer walkers then, too.

The Insurance Institute for Highway Safety (IIHS) has concluded that that extending daylight saving time year round could help prevent pedestrian deaths and injuries. According to their research, adding an hour of light to the afternoon increases the visibility of both vehicles and pedestrians. Researchers estimated that about 900 fatal crashes (727 involving pedestrians and 174 involving vehicle occupants) could have been avoided during 1987-91 if daylight saving time had been in effect throughout the year.

Continue reading "SETTING BACK CLOCKS IS DANGEROUS FOR PEDESTRIANS" »

Halloween is a frightfully fun time of year, for adults and children alike, but keep these "tricks" in mind to keep the holiday a "treat" for everyone.

The US Consumer Product Safety Commission recommends the following tips:

*Look for the label "FLAME RESISTANT" when buying costumes, wigs, masks, and beards.
*Avoid costumes made with flimsy material and outfits with big, baggy sleeves or billowing skirts.
*Wear costumes that are light and bright enough to be clearly visible to motorists.
*Decorate or trim costumes with reflective tape that will glow in the beam of a car's headlights.
*Make sure your child's costume is short enough to prevent your child from tripping and falling.
*Have your child wear well-fitting, sturdy shoes.
*Hats and scarves should be tied securely to prevent them from slipping over children's eyes.
*Apply a natural mask of cosmetics rather than have a child wear a loose-fitting mask that might restrict breathing or obscure vision. If your child does wear a mask, make sure it fits securely and has eyeholes large enough to allow full vision.
*Swords, knives, and similar costume accessories should be of soft and flexible material.

Happy Halloween, Chicagoland! Be safe!

Continue reading "HALLOWEEN COSTUME SAFETY TIPS...FOR YOU AND ALL YOUR LITTLE "PUMPKINS"" »

It won’t be long before we roll back the clocks and roll up the windows. With earlier nightfall comes an increased risk for bicycling accidents in the Chicagoland area. As an attorney in the Chicagoland area with experience in pedestrian and bicycle accident cases, I have seen individuals become victims due to darker road conditions. The National Highway Traffic Safety Administration (NHTSA) reports that nearly one-third of all cycling fatalities during a ten-year time-frame of 1991-2001 occurred between the hours of 4:00pm and 8:00pm. In 1999 alone, 39% of bicycle deaths nationwide occurred between 6pm and midnight. This statistic is linked not only to less visibility at nighttime, but also to alcohol. In fact, in 2001, the NHTSA reports that alcohol was involved in more than one-third of the traffic crashes that resulted in cyclist fatalities. What does this mean for you as a cyclist? Perhaps, more importantly, what does this mean for you as a motorist?

As a cyclist, the Consumer Product Safety Commission (CPSC) recommends the following precautions:

• Be sure your bike has reflectors required on all new bicycles by the CPSC bicycle regulation. This includes front and rear reflectors, pedal reflectors and side rim or wheel reflectors. You may even want to consider front and rear lights to help make your bicycle more noticeable to drivers at night. • Wear reflective clothing, such as reflective bands on your arms and legs, to make yourself more visible to drivers. • Always wear a helmet with a rigid (but crushable) interior material which may help absorb the force of an impact. • Never allow your children to ride at night. • Avoid riding on dark, narrow roadways where the posted speed limit is more than 35mph.

As a motorist, always remember that cyclists have an equal right to the road. The more motorists know about cycling safety, the safer the streets will be for everyone. Bicycling Info.org offers the following tips to motorists:

• Learn to look for cyclists in traffic just as you would check for cars, especially when changing lanes or proceeding through an intersection. • Anticipate cyclists at night and learn how to detect them. Wait until traffic conditions are clear and safe enough to comfortably pass a cyclist, allowing at least 3 feet between the vehicle and the bicycle.

For more information on cycling safely in the city, visit www.biketraffic.org.

Continue reading "BICYCLE AND MOTORIST SAFETY TIPS FROM A CHICAGO PERSONAL INJURY ATTORNEY" »