July 24, 2010

ILLINOIS ORDERED TO IMPROVE RAIL CROSSING SAFETY

Earlier this month, the federal government ordered Illinois (and nine other states) to develop plans to reduce the number of accidents at railroad crossings or risk lossing funding.

According to the Chicago Tribune, since 2006, Illinois has had approximately 588 grade-crossing accidents involving trains, vehicles and/or pedestrians, which resulted in 98 deaths. Illinois has the second-highest number of rail-crossing accidents in the nation, after Texas.

The federal government's new rule requires the 10 targeted states to develop specific solutions for improving safety, while focusing on crossings where multiple accidents have occurred and locations that are considered at high risk for accidents.

According to the Tribune, state officials "said they are working with communities along Amtrak's Chicago-to-St. Louis route … to close as many of the approximately 300 crossings along the route as possible; to install improved protective gates at the remaining crossings to keep vehicles off the tracks when trains are approaching; to build overpasses and tunnels; and to line pedestrian areas near tracks with fencing to deter people from trespassing on tracks."

The rule becomes effective Aug. 27, 2010.

The attorneys at the Law Offices of Jeffrey J. Kroll have experience handling railroad injury cases. In fact, early this year Jeff Kroll published an article entitled "Handling a Railroad Crossing Case" in the Illinois Trial Lawyers Association Trial Journal. You can read his entire article here.

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June 30, 2010

PERSON STRUCK BY METRA TRAIN DURING MORNING RUSH HOUR

A person was struck by a Metra train this morning during the height of the rush hour, the SunTimes reports. The accident occurred in the Roseland neighborhood on Chicago's south side. The accident occurred at about 7:14 a.m. at 11100 South Cottage Grove Avenue according to a spokesman for the Chicago Fire Department. The train involved in the accident was an inbound Metra electric train, No. 106, due to arrive downtown at 7:51 a.m. Details of how the accident occurred have not yet been made available by authorities.

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April 24, 2010

CHICAGO RAILROAD WORKER KILLED BY TRAIN

The papers reported another tragic railroad-related death this morning. Melinda Carter, a Chicago woman and CSX Corporation employee was struck and killed by a locomotive Friday evening.

Ms. Carter was conducting a routine switching operation when she was struck by a locomotive in CSX's rail yard in Riverdale. An experienced railroad worker, Ms. Carter was a member of CSX's safety committee. Officials continue to investigate the incident.

At this point, you might be asking yourself: What are railroads doing to prevent train accidents? The Federal Railroad Administration (FRA), the division of the United States Department of Transportation that regulates railroad track safety, lists positive train controls (PTC) as the leading technology in the prevention of train accidents. According to the FRA website, this technology can automatically control train speeds and movements when a locomotive engineer fails to obey stop signals, notify engineers when a car is on the tracks, and prevent casualties and injuries to railroad workers, among other things.

All railroads should begin installing and implementing such life-saving technology as soon as possible. The Rail Safety Improvement Act of 2008 (RSIA) (signed by the President on October 16, 2008, as Public Law 110-432) has mandated the widespread installation of PTC systems by December 2015.

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April 20, 2010

HUMAN ERROR CITED IN DEADLY RAIL CROSSING INCIDENT IN UNIVERSITY PARK

Shortly before a deadly crash in which an Amtrak train struck an SUV driven by a Chicago woman, Canadian National track crew inadvertently turned off the gates and warning lights at the Steunkel Road rail crossing in University Park late last week. Witnesses reported that no lights came on and no gates came down at the crossing. Video cameras aboard the Amtrak train also confirmed witnesses reports. Now state and federal investigators have identified the reason why the gates and lights failed to activate.

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April 18, 2010

RAILROAD CROSSING SIGNALS BEING INVESTIGATED IN CAR-TRAIN WRECK

Sadly, the Chicago Tribune reported that a 26-year-old woman was killed by an Amtrak train on Friday in south suburban University Park. The woman was driving her car over a railroad crossing after leaving Governor's State University when the incident occurred.

The Tribune stated that Canadian National Railway Company, the owner of the tracks, is currently investigating whether the railroad crossing's signal system was working properly at the time. People familiar with the intersection claim this railroad crossing is problematic.

In general, railroads have a duty to provide adequate warning devices at their rail crossings. Anderson v. Chicago Cent. & Pac. R.R. Co., 771 F. Supp. 227, 229 (N.D. Ill. 1991). Where railroad crossings are maintained by a railroad, the public has a right to rely on the railroad to keep them in efficient working conditions. Langston v. Chicago & N.W. Ry. Co., 398 Ill. 248, 254 (1947).

The attorneys at the Law Offices of Jeffrey J. Kroll have experience handling railroad injury cases. In fact, early this year Jeff Kroll published an article entitled "Handling a Railroad Crossing Case" in the Illinois Trial Lawyers Association Trial Journal. You can read his entire article here.

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March 11, 2010

CRANE INJURY ATTORNEY FILES LAWSUIT ON BEHALF OF INJURED RAILROAD WORKER

The Law Offices of Jeffrey J. Kroll filed a lawsuit today against Hulcher Services, Inc. alleging negligence in a December, 2008 rail yard incident wherein Plaintiff, Michael Haddix, sustained serious injuries causing him to lose all five toes on his left foot.

At the time of the incident, Haddix, a trainmaster, was a 16-year veteran with the Belt Railway Company of Chicago. At the rail yard, two train cars were locked together when a pin lifter on the coupling became jammed. Hulcher Services, Inc. brought in a hi-rail crane to uncouple the train cars. The crane was improperly supported and shifted causing Plaintiff's severe injuries.

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February 12, 2010

LAW OFFICES OF JEFFREY J. KROLL CLIENT FEATURED IN ARTICLE ON CTA DERAILMENT

Northwestern University's "Medill Reports Chicago" featured an article regarding a client of the Law Offices of Jeffrey J. Kroll, for whom Jeffrey J. Kroll and Heather Begley won a $135,000 jury verdict against the CTA. The article, entitled "Other subways move more people, but CTA leads in derailments," stated that the CTA has derailed 13 times since January of 2005 - more than both the New York City Subway System and the Washington Metro combined. Many of the derailments have been attributed to decrepit equipment and poor employee training.

In February of 2010, the Chicago Tribune reported that the CTA plans to pay $674 million to purchase new train cars and retire train cars that have been in use since as far back as 1969. Let's hope that the purchase of the new train cars is a step in the direction of increased safety initiatives for the CTA and helps avoid derailments.

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January 19, 2010

OPRAH PROMOTES "NO PHONE ZONE PLEDGE" TO END DISTRACTED DRIVING

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!

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January 11, 2010

METRA TRAIN HITS SUV ON ROCK ISLAND LINE

On January 11, 2010, at about 7:00 a.m., an inbound Metra train struck a sport utility vehicle at a railroad crossing at 111th and Hale in Chicago.

The train originated in Joliet and was heading to the LaSalle Street Station.

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December 30, 2009

ARTICLE ON HANDLING A RAILROAD CROSSING CASE WRITTEN BY CHICAGO ATTORNEY JEFFREY J. KROLL

Jeffrey J. Kroll's article, "Handling a Railroad Crossing Case" was published by the Illinois Trial Lawyers Association (ITLA) in its Winter 2010 publication, "Trial Journal." The article provides tips on how to handle a railroad crossing injury case and deal with preemption issues that too often prevent accident victims and their families from obtaining legal recourse for their injuries.

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December 21, 2009

METRA DOORS CLOSE ON 4 YEAR OLD'S FOOT

A 4-year old boy's foot became trapped in the doors of a local Metra train on Saturday afternoon. Luckily, his boot was the only casualty.

According to the boy's mother, she and her two children, ages 4 and 11, took the 5 o'clock train from Union Station in Chicago to Worth. Upon arriving at the Worth stop, she and her 11 year-old daughter stepped off the train, but when she turned to get her son, the doors were closing on him. She was able to grab him, but the doors continued to close and the train started to move, with the 4 year old's foot still inside. She was able to free his foot from the doors, though his boot was left behind.

Metra is currently investigating the incident, acknowledging that the two-person crew working the train may have failed to check the cars, doors and platforms before moving, in violation of established protocol. Metra plans to hold hearings with the employees involved to determine what happened. Metra will also interview the boy's mother.

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December 16, 2009

CTA GREEN LINE TRAIN DERAILS; 14 INJURED

The derailment of a CTA green line train this past Saturday morning led to minor injuries for 14 passengers and the firing of 4 CTA employees who were operating the train at the time of the derailment.

According to CTA officials, an ignored stop sign caused the derailment. When the operator went past the signal without stopping, the track switch was not aligned for passage, causing the first of six train cars to derail. Investigators have determined that the cause of the derailment was most likely due to employee error not an equipment malfunction.

All four employees operating the train were subsequently fired. The injured were transported to local hospitals for medical care. The other 34 passengers refused treatment for bumps and bruises suffered in the accident.

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December 14, 2009

VERDICT OBTAINED BY LAW OFFICES OF JEFFREY J. KROLL ON BEHALF OF CHICAGO MAN INJURED IN CTA DERAILMENT

An $135,000 verdict was awarded by a Cook County jury in the first case to go to trial arising out of the July 11, 2006 CTA Blue Line derailment. The plaintiff, who was represented by the Law Offices of Jeffrey J. Kroll, suffered psychological injuries after riding in the eighth car of the train that derailed in the tunnel between the Clark and Lake Street station and the Grand and Milwaukee station in Chicago. The plaintiff's medical bills were approximately $13,000.

Judge Susan Zwick entered the judgment order today in the Circuit Court of Cook County.

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December 12, 2009

CTA "L" TRAIN DERAILMENT ATTORNEY TO GIVE CLOSING ARGUMENT ON MONDAY, DECEMBER 14, 2009

The Law Offices of Jeffrey J. Kroll is scheduled to give its closing argument in the matter of Martinez v. Chicago Transit Authority on Monday morning before the Honorable Judge Susan Zwick in Courtroom 2609 of the Daley Center. The case arises out of the July 11, 2006 derailment of a northbound Blue Line train and is the first trial to take place arising out of the derailment.

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December 11, 2009

CTA FIRES 11 EMPLOYEES FOR ALLEGED CELL PHONE USE ON THE JOB

In the wake of mass transit accidents in Boston and Los Angeles caused by train operators distracted by texting while driving, the CTA enacted new regulations prohibiting the use of personal cell phones and other electronic devices while on duty.

According to exclusive reports in the Chicago Tribune, the zero-tolerance rule has led to the firing of ten CTA bus drivers and one rail employee in the last four months. Thirteen bus drivers were also suspended without pay based on "significant yet disputable evidence" against them. There have been 27 other cases where no action was taken against the employee because of insufficient evidence of a violation.

The new policy, enacted in August, has resulted in a significant decrease in the number of complaints from the public and CTA personnel regarding cell phone use by employees. Indeed, 297 complaints were filed in the first 7 months of 2009, averaging out to 42 per month. After implementing the new strict policy, however, the number of complaints between August and November totaled 69, averaging out to 17 per month.

CTA employees seem to be taking the new policy seriously, as they should; the zero-tolerance policy makes even first-time offenders eligible for dismissal.

Train operators, rail maintenance workers and rail-station customer assistants are prohibited from using or possessing personal cell phones, smart phones, personal digital assistants such as BlackBerry devices, MP3 music players, wireless headsets or any other electronic device. The same rules apply to bus drivers, unless a personal cell phone is being used to contact the CTA control center after the bus has been stopped at a curb.

The CTA encourages people to report violations of the rule by calling 888-968-7282 or emailing feedback@transitchicago.com.

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November 5, 2009

CHICAGO RAILROAD NEGLIGENCE LAWYER EXPLAINS THE FEDERAL EMPLOYER'S LIABILITY ACT (FELA)

Working for the railroad is not easy work. With a railroad job, serious injuries and deaths often occur due to the nature of the job and some of the risks associated with railroad employment. Congress recognized this in 1908 and enacted the Federal Employer’s Liability Act (FELA). FELA provides benefits for railroad workers who sustain injuries in the scope of their employment. Individuals who have been injured while working for the railroad, such as a brakeman, maintenance worker, engineer, fireman, switchman, conductor, yard master or any other railroad jobs, are entitled to file a FELA claim for monetary damages. The monetary damages under FELA are not subject to any cap or limitation in recovery.

There are three basic requirements that must be established under FELA in order for an injured railroad worker to recover damages. They are as follows:

- The accident must have occurred in the course and scope of the worker’s employment with the railroad. This does not require that the accident occur on railroad property. Conversely, as long as the injury occurs in the furtherance of the worker’s employment, that individual is covered by the act.
- The railroad must be engaged in interstate commerce between two or more states.
- The railroad must have caused or in some way contributed to the injuries sustained by the railroad worker.

There are several different types of monetary damages which are recoverable in an FELA case. For example, an injured worker can recover past and future medical hospital expenses; past and future lost earnings; past and future physical pain and mental suffering; and, past and future disability, to name a few. There are additional FELA benefits which are recoverable when a railroad accident results in the railroad worker’s death.

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July 20, 2009

TRAIN SAFETY TIPS FOR COMMUTERS

The number of public transit riders seems higher than ever. Here are a few tips on staying safe as a commuter:

∙ Trains can come on any track, at any time from either direction. Never assume you know when and where to expect a train.

∙ Cross rail tracks only at clearly marked and designated crossings, and look both ways for trains before crossing.

∙ Slow down and be alert near commuter rail stations. Pay special attention for trains, pedestrians, bicyclists, buses and cars.

∙ While waiting for the train, always stand behind the yellow line on the station platform.

∙ Never lean over the yellow line because you may fall over onto the tracks.

∙ Listen for bells and horns because they can alert you of an oncoming train-even if you cannot see it.

∙ Cross rail tracks only at clearly marked crossings.

∙ Never run on a station platform.

∙ Do not approach a train until it has come to a complete stop.

∙ Do not stick arms or legs in train doors to prevent them from closing.

∙ Do not skateboard, rollerblade or bike on a train station platform.

∙ When riding a train, you should remain seated but if you must get up use handrails due to unexpected movements or stops.

∙ Never place or throw anything on rail tracks. Foreign objects may cause trains to derail, potentially injuring passengers and bystanders. Also, objects on the rails may also shoot out from under train wheels endangering bystanders.

∙ During the winter months or wet weather, be careful on the station platforms or tracks as they may be slippery.

∙ Stay alert. Trains are more difficult to hear and see during storms.

∙ During the winter and wet conditions, train passenger car floors may be slippery. Use caution and handrails when boarding and exiting trains.

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July 16, 2009

3 KILLED IN CAR-TRAIN ACCIDENT

A retired University of Illinois professor, his wife, and their 9-year-old granddaughter were riding in a vehicle Monday afternoon near the LaSalle County line when they were struck by an Amtrak passenger train bound for California. Two other grandchildren, ages 10 and 7, were injured in the collision and taken to a hospital in Rockford. No passengers aboard the train were injured.

Initial police investigation evidence suggests that the southbound vehicle did not stop at the railroad crossing, but rather entered the crossing and was struck by the lead engine of the westbound train. The LaSalle county sheriff's office is continuing its investigation and has not released who was driving the vehicle at the time of the accident.

Just last week five teenagers in Michigan were killed when they tried to cross railroad tracks in the face of an oncoming train. These needless accidents are tragic and preventable. Please take caution when you approach a railroad crossing. Keep in mind that trains are much closer and faster moving than they may appear. Do not try to beat the train. Heed the warning signals and the gates. Waiting those few minutes for a train to pass will be worth it.

My most sincere condolences to the families affected by this tragedy.

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July 14, 2009

FIVE TEENS KILLED IN CAR/TRAIN COLLISION

A Chicago-bound Amtrak passenger train carrying 170 people collided with a car at a railroad crossing near Detroit on Thursday. All five passengers in the car were killed. The victims ranged in age from 14 to 19.

The railroad crossing has a gate and flashing lights that were believed to be working when the collision occurred. Based on witness accounts, police suspect the sedan went around the gate in an attempt to beat the train. The train travels 67 miles per hour at this particular crossing.

The accident occurred around 12:30 p.m. on Thursday in Wayne County, Michigan, about 20 miles west of Detroit. The vehicle was heading north when it attempted to cross the tracks and was struck. The train pushed the car about one mile from one road crossing to another. The victims remained in the car for more than three hours after the collision while police investigated.

An Amtrak spokesman said that the train crew was doing exactly what it should have been doing and that there was no malfunction of the train.

According to the Federal Railroad Administration, 119 people died in train accidents in which trains struck vehicles or pedestrians at railroad crossings.

The Center for Disease Control reports that a train hits a person or vehicle approximately every two hours. Of these collisions, nearly half occur at crossings with functioning, active warning devices. The CDC urges drivers to remember that trains cannot stop quickly or swerve to avoid collisions - an average train going 55 mph takes more than a mile to stop!

Keep the following safety tips in mind when you approach a railroad crossing:
* LOOK both ways before crossing. Trains can come from either direction.
* Come to a complete stop at all crossings with passive warning devices (no gates or flashing lights). Use caution and be prepared to STOP at all crossings with active warning devices (flashing lights, gates).
* Be aware that trains are much closer and moving faster than they appear to be.
* Never back up or stop on tracks. If gate comes down on the vehicle,
keep going through the crossing.

My most heartfelt condolences to the families of the teens killed in this preventable accident.

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June 23, 2009

DC TRAIN COLLISION KILLS 7

A rush-hour collision between two Metrorail transit trains killed 7 and injured scores yesterday in Washington, D.C. The accident occurred along the Red Line just before 5 p.m. EST on an above-ground track in the District of Columbia near the border with Takoma Park, Maryland. Both trains were on the same track, headed in the same direction, south out of the Fort Totten station. A member of the National Transportation Safety Board (NTSB) said the trailing train struck the other train from the rear and "its first car overrode the last car of the other train in an accordion fashion."

Metrorail officials do not know the cause of the collision and are not likely to know the cause for several days as the investigation unfolds. Recent reports note, however, that the train that slammed into the other was part of an aging fleet that federal regulators had recommended be phased out or retrofitted three years ago. NTSB officials consider the Metrorail transit system's inaction "unacceptable."

Investigators hope to recover recorders from the train which was struck. The recorders can provide key information, include speed and other data. Unfortunately, the trailing train that struck the other train was part of an older fleet that was not equipped with the devices.

Yesterday's crash was the worst in the history of Metrorail, which has shuttled tourists and commuters to and from the nation's capital for more than thirty years. In January 1982, a derailment killed three people. The only other collision between Metro trains occurred in 2004.

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June 22, 2009

TRAIN DERAILMENT IN ROCKFORD KILLS ONE, INJURES THREE

A train derailment in Rockford Friday night left at least one woman dead and three others with serious burns. The 114-car Canadian National Railway train derailed around 8:30 p.m. Canadian National Railway Company officials say 18 cars loaded with ethanol left the tracks, exploding into flames.

The cause of the accident is still unclear. National Transportation Safety Board (NTSB) officials say that identifying a cause of the derailment could take a year. The NTSB has conducted initial interviews with the train's crew and investigators are looking for witnesses.

It is unclear at this point what role, if any, the water levels may have played in the accident. Parts of northern Illinois had record rainfall on Friday, with some areas getting as much as 4 inches. There was high water along the northern Illinois rail line. Investigators are also trying to determine if automobiles played any role in the derailment.

Three motorists, including a 17 year old girl, who were stopped at a train crossing suffered serious burns. Another woman abandoned her car at a rail crossing and made it 20 feet before she fell and died. The cause of the woman's death has not yet been determined.

The derailment and subsequent fire caused the evacuation of nearly 600 nearby homes. The train cars continued to burn on Saturday, keeping investigators at bay. Sunday was the first full day federal investigators spent at the accident site and it appears that they will spend many more days there in an effort to determine what caused this tragic and costly accident.

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June 11, 2009

CAR COLLIDES WITH CTA BLUE LINE TRAIN ON EISENHOWER

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

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

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

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

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

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May 11, 2009

TEXTING TROLLEY OPERATOR CAUSES COLLISION

A trolley conductor texting his girlfriend while operating the trolley underground in Boston Friday night collided with another trolley, injuring 49 people on board. The trolley slammed into the rear of another which was stopped at a red signal.

The conductor admitted to police that he had been texting with his girlfriend prior to the collision. Daniel Grabauskas, general manager of the Metropolitan Boston Transit Authority, said the conductor told detectives that, when he looked up from text messaging, "it was too late as he applied the brake and the train struck the other trolley." Grabauskas added that the 24 year old conductor, who has worked for the MBTA for more than two years, will probably be fired. In a more recent development, the MBTA has banned the possession of cell phones by trolley operators while they are on duty.

This story once again proves that texting while driving, be it a trolley or a car, is incredibly dangerous. Nearly fifty people were injured because of one person’s irresponsible inattentiveness. It is absolutely unacceptable that a person charged with responsibly transporting commuters could be so reckless with his duties.

Recent studies have concluded that texting while driving is actually MORE dangerous than driving drunk. The Transport Research Laboratory in the U.K. found that when subjects were text messaging and driving at the same time, reaction speed was reduced by 35 percent, thereby increasing the likelihood of an incident. Those that were driving and drinking within the legal limit only suffered a 12 percent loss of reaction speed, and those that were driving under the influence of marijuana had their reaction speed reduced by 21 percent, 14 percent lower than while driving and texting. Another startling statistic: According to the study, those that were texting and driving reduced their steering ability by 91 percent. Nick Reed, lead researcher for the study, said: “This demonstrates how dangerous it is to drive and text. When texting, drivers are distracted by taking their hand off the wheel to use their phone, by trying to read small text on the phone display and by thinking about how to write their message. This combination of factors resulted in impairments to reaction time and vehicle control that place the driver at greater risk than having consumed alcohol to the legal limit for driving.”

I urge you to keep your phone out of reach when you drive. Driving and texting is a risky combination. Do everyone a favor by waiting until reaching your destination to send that text.

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May 6, 2009

MAN STRUCK BY A METRA TRAIN

A Metra train struck and killed a 25-year-old man Tuesday night at Scott Street in Franklin Park. The train that was involved left Chicago's Union Station at 8:40 p.m. bound for Elgin's Big Timer station.

The victim was from Bloomingdale and was pronounced dead at Loyola University Medical Center in Maywood, according to the Cook County medical examiner's office.

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February 16, 2009

YOUNG MAN STRUCK BY AMTRAK TRAIN

An eastbound Amtrak train struck and killed a 14-year-old Chicago boy last night around 7 p.m. in Lansing, Illinois, according to news reports and police.

The incident occurred at the Canadian National Railway tracks at 182nd and Locust Streets. The victim was identified as Christopher Davis of the 6700 block of South May Street, according to the Cook County medical examiner's office.

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October 10, 2008

CHICAGO, IF YOU TEXT AND DRIVE, YOU LOSE

Chicago Alderman Edward M. Burke has recently proposed new legislation prohibiting drivers from texting and driving, with certain exceptions for drivers of emergency vehicles and stationary, parked vehicles. The proposed legislation banning texting states:

... No person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone. Using a mobile, cellular, analog wireless or digital telephone shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, sending an electronic message, or browsing the internet via the mobile, cellular, analog wireless or digital telephone.

texting_and_driving

In the recent Metrolink train crash in Los Angeles, the engineer of the commuter train sent a text message 22 seconds prior to the train colliding with a freight train which killed 25 people and seriously injured more than 130 other people. I frequently have seen the effects of driving distracted. I have represented numerous plaintiffs who have been injured in automobile accidents as a result of the defendant driver not paying attention. In addition to cases involving cell phone use, I represented a plaintiff who was injured when a teenager was skipping a song on a CD player and rear-ended my client. In another case, a semi-truck driver was looking at a billboard instead of at the road ahead of him and collided with the vehicle ahead of him and killed two innocent people.

Occupants in vehicles can get hurt when the driver of a motor vehicle is not paying attention.

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September 15, 2008

TRAIN CRASH KILLS 25; INJURES SCORES OF PEOPLE

On September 12, 2008, in Chatsworth, a district of Los Angeles, CA, a Metrolink train carrying 220 passengers collided with a Union Pacific freight train killing 25 people and injuring 135. The freight train pushed the engine back into the coach train crushing it like an accordion.

National Transportation Safety Board (NTSB) officials have not yet made an official determination of the cause of the collision, but media reports indicate that the engineer may have missed a red signal. Reportedly, when the engineer proceeded past the red signal, the Metrolink dispatcher in Pomona, CA called the train and reached the conductor, but by then, it was too late, the train had already crashed. The NTSB dispatched 11 investigators to unravel the chain of events which lead to the deadly crash.

Train operators’ inattention is a major cause of train accidents. According to reports, two teenage boys told CBS2-TV that they received a text message from the engineer shortly before the crash. The NTSB has stated that it plans to subpoena the cell phone records of the teens and the engineer.

This was one of the worst train crashes Southern California has ever seen and the efforts of the search and rescue workers who tirelessly worked on site to look for and treat survivors should be commended.

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September 9, 2008

TRAIN DERAILMENT NEAR JOLIET

On the evening of September 8, 2008, an Amtrak train heading from St. Louis to Chicago derailed south of Joliet. The cause of the derailment is unknown at this time, but a set of wheels reportedly jumped the track. The train cars remained upright.

According to the Chicago Suntimes, the power remained on inside the train and the passengers were ultimately transported to their final destinations, Joliet, Summit, and Chicago’s Union Station by bus.

There have been a number of passenger train derailments in the Chicagoland area in recent years on trains operated by Metra, Amtrak and the CTA. On May 28, 2008, an “el” train derailed leaving more than a dozen people injured. On July 11, 2006, a Blue Line train derailed causing a fire that injured more than 150 people. The NTSB report on the derailment identified poor track conditions as a safety issue related to the crash. On October 12, 2003, a Metra train derailed near 47th and Federal. On September 17, 2005, a Metra train derailed at the same location leaving 117 injured. The NTSB reported that the train derailed at a crossover that had a designated speed of 10 m.p.h. The train was traveling at 69 m.p.h. through the crossover.

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