Chicago Accident and Injury Lawyer Blog

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

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

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

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

• Eliminate distractions while driving. Focus on the road, not the backseat or that hot cup of coffee, when you are behind the wheel.
• Don't multitask while driving. Never text or email. Also, refrain from adjusting the radio, applying makeup or snacking. Taking your eyes off the road, even for a second, can create a lifetime of loss.
• Keep your vehicle clean. Keep the area near your accelerator and brakes free from debris.
• Don't ever drive impaired. Call a friend, take a taxi, or use public transportation if you feel you are unable to drive for any reason.
• Drive with your headlights on, even during the day.

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

A Frankfort woman who was standing on the shoulder of the Tri-State Tollway (I-294) was killed after being struck by a semi truck on Monday, February 15, 2010 just before midnight. The semi truck was heading southbound. The woman had gotten out of her parked car on the highway near Crawford/Pulaski Avenue.

Yesterday, a woman suffered serious injuries when she was struck on the side of the road on I-80.

Pursuant to the Illinois Rules of the Road, the semi truck that struck the Frankfort woman should not have entered the shoulder of the highway. Specifically, 625 ILCS 5, Section 11-709.1(a) states:

Vehicles shall be driven on a roadway, and shall only be driven on the shoulder for the purpose of stopping or accelerating from a stop while merging into traffic. It shall be a violation of this Section if while merging into traffic and while on the shoulder, the vehicle passes any other vehicle on the roadway adjacent to it.

Further, "a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety." 625 ILCS 5/11‑709.

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

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

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

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

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

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

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

I am an attorney in Chicago who handles personal injury and wrongful death cases. I have extensive experience in the courtroom and have obtained record-breaking results for my clients, including successful verdicts and settlements in truck accident cases.

A trucking company's liability is governed by the legal theory, agency. Under the theory of agency, the motor carrier is responsible and liable for the driver if he was acting in "the scope of his or her employment." Although a truck driver may have been acting in violation of a company's policies and procedures, he or she is still within the scope of employment if the actions furthered the motor carrier's business. This concept also applies to other transportation negligence cases, including automobiles and buses. Contact the Law Offices of Jeffrey J. Kroll today at (312)676-7222 if you or a loved one have been involved in a motor vehicle accident.

Starting January 1st, semis will be allowed to travel 65 miles per hour on Illinois highways outside of Cook County and the collar counties, up from 55 miles per hour. State legislators have been trying to change the law for years, but Governor Blagojevich vetoed it. With his impeachment and Governor Quinn's succession, the bill was finally passed into law.

Truck drivers are happy to be able to cover more miles in less time, which translates into more money, and proponents of the law point out the safety benefits. Being able to travel with the flow of traffic will hopefully help ease congestion and reduce accidents.

The slower speed limit of 55mph will remain in effect in Cook, Lake, DuPage, Kane, Will, and McHenry Counties.

IDOT cautions drivers that crews will begin removing the 55mph signs starting January 4.

Wrongful death and tragic injuries may occur when a vehicle collides with the rear end of a stopped tractor-trailer. Drivers may not see the truck or its trailer until it is too late to avoid the collision. It is imperative that hazard signals be activated and that warning devices be placed far enough away from the parked tractor-trailer to give sufficient warning.

Under Federal Motor Carrier Safety Regulation 392.22, the driver of a stopped or disabled vehicle shall immediately activate his or her hazard warning signal flashers and place a warning device on the traffic side the vehicle, approximately 10 feet away, a second device 100 feet from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic and a third device approximately 100 feet from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic.

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

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

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

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

Association of Plaintiff Interstate Trucking Lawyers of America (APITLA) National Advisory Board Member, Jeffrey Kroll, from Chicago, Illinois will be presenting a webcast on Tuesday, November 17, 2009 regarding "Deposing the Truck Driver and Other Trucking Personnel."

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

An accident last Thursday involving two vehicles and one semi left one Illinois man dead and four people critically injured. The accident occurred just after noon on I-43 in Ozaukee County, Wisconsin.

The two vehicles, a 2006 Ford Escape and a 1995 Cadillac Deville, had slowed to exit on Highway D due to the closure of I-43 for emergency repairs to the freeway shoulder. The semi collided first with the Cadillac, which was carrying a 64-year-old male drive and an 80-year-old female passenger. The Cadillac went into a ditch and overturned. The semi then struck the Ford SUV, which was carrying a 78-year-old male driver and his 75-year-old wife. The SUV became wedged under the semi. Both vehicles went into the ditch, where the semi pushed the SUV another 150 yards.

The driver of the SUV, a 78-year-old man from Stickney, Illinois was killed in the accident. His 75-year-old wife was taken to Columbia St. Mary's Ozaukee Hospital in Mequon, Wisconsin. The two people in the Cadillac also sustained serious injuries and were taken to the Mequon hospital. The driver of the semi sustained minor injuries.

Police are continuing to investigate the accident to determine whether the semi driver should be charged. Police Captain Dave Guss reported that the semi driver, a 36-year-old man from Dexter, Missouri, admitted that he was distracted when he reached for a snack and didn't realize that he was coming up on slowing traffic.

Distracted driving is one of the riskiest behaviors a driver can engage in. Even one second of distraction can lead to catastrophic consequences. My deepest condolences to the families of the people who were injured and killed in this preventable tragedy.

Continue reading "ILLINOIS MAN KILLED IN COLLISION WITH SEMI" »

There has been discussion throughout the country regarding the need to institute a ban on texting while driving. The ban would also apply to computers located in the cabs of trucks. Many individuals and groups are in support of the ban; however, according to the New York Times, the trucking industry is against such a ban saying that these devices can be used safely.

Clayton Boyce, spokesman for the American Trucking Associations, said, "we think that's overkill" referring to a federal bill that would force states to ban texting while driving if they want to continue to receive funds from the federal government for highways. Mr. Boyce argues that computers used by truck drivers require less concentration than phones. Mr. Boyce suggests that the trucks "have a screen that has maybe two or four or six lines of text." Mr. Boyce went on to say, "And they’re not reading the screen every second."

As an attorney in Chicago who represents victims of trucking negligence cases, I am definitely not convinced that the computers require less concentration than phones. Frankly, truck drivers do not need any distractions while driving. Given the amount of weight that the average tractor-trailer weighs going at highway speeds, a split-second of distracted driving could have disastrous effects. Truck drivers should be required to pull over to use their computers and they should be banned from operating them en route.

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

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

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

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

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

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

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

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

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

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

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

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

I am an attorney in Chicago who represents individuals who have suffered spinal cord injuries as a result of negligence. There are 12,000 new spinal cord injury cases each year and approximately 259,000 individuals in the United States living with spinal cord injuries.

There are different classifications of spinal cord injuries. The way the injury manifests itself depends on which level of the spinal cord was affected. The level of impairment is also affected by whether the injury was "complete." In a "complete" injury, no motor or sensory signals pass through the injured segment. In an "incomplete" injury, some nerve signals pass through the injured segment which allows for some sensation and possible motor ability lower than the injured segment.

According to the http://www.spinalcord.uab.edu/show.asp?durki=119513">National SCI Statistical Center, since 2005, motor vehicle crashes account for 42.1% of reported spinal cord injury cases.

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

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

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

- Know Proper Maneuvering

- Maintain Control and Avoid Panic-like Steering

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

Moreover, do not forget to wear your seatbelt!

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

Vehicle Safety Information Resource Center, LLC (VSIRC) provides an online database at www.vsirc.com, which contains research tools and access to government data and documents on motor vehicle safety. As a personal injury attorney in Chicago who handles car accident cases, this is a great resource.

Some of the material available on the site is inaccessible through the government's online sites or is no longer available from the National Highway Traffic Safety Administration (NHTSA).

The website contains information on foreign recalls and also allows users to search whether car seat manufacturers are in compliance with safety regulations.

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

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

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

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

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

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

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

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

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

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

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

A new study conducted by the Virginia Tech Transportation Institute concludes that truckers who text while driving are 23 times more likely to crash or get into a near-wreck than an undistracted driver, while car drivers face the greatest danger when dialing their cell phones.

Researchers found the most shocking statistic to be the length of time that drivers' eyes were not on the road. For nearly five seconds out of a six-second window, drivers' eyes were averted from the roadway ahead of them and instead focused on their cell phone. A news release regarding the study put this finding into perspective,noting that if a highway driver takes his eyes off the road for even 4.6 seconds it equates to a traveling the length of a football field at 55 mph without ever looking at the road.

The researchers were unanimous in agreeing that texting should be banned. Indeed, they found "no redeeming factors associated with why a driver would be able to text and drive." The researchers acknowledged that they are not legislators, however, but hoped that these findings would help prompt legislation to ban not just texting while driving, but the use of cell phones altogether.

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

The Kauai Police Department is investigating the crash.

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

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

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

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

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

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

In the past two years, the Federal Motor Carrier Safety Administration (FMCSA) has developed a new system to improve the safety of trucks and their drivers. The system, Comprehensive Safety Analysis (CSA), is being touted as a replacement for the old system, SafeStat.

CSA differs from SafeStat in three distinctive ways:

- It increases the opportunity for safety specialists to contact carriers and truck drivers.
- CSA seeks to use more and better data to identify high-risk carriers and truck drivers.
- CSA applies a wide range of interventions intended to correct high-risk behaviors before these behaviors become chronic or habitual.

Since February of 2008, Colorado, Georgia, Missouri and New Jersey have served as test states for CSA and this year, Minnesota and Montana have implemented the program. The FMCSA hopes to spread the CSA program nationwide in July of 2010. This is good news for the motoring public and hopefully the roads will become safer if the CSA program is adopted nationally.

Continue reading "CHICAGO TRUCK ACCIDENT ATTORNEY SUPPORTS COMPREHENSIVE SAFETY ANALYSIS PROGRAM " »

Scientists from Cambridge, Massachusetts are continuing to stress the importance of truck drivers being screened for sleep apnea. Obstructive sleep apnea (OSA) is a disease that includes sleep-disordered breathing, resulting in excessive daytime sleepiness, sleep attacks, psychomotor deficits and disrupted nighttime sleep.

Although many smaller trucking firms are increasingly screening their employees for the disorder and paying for the treatment, some larger firms are still resisting. Unwilling companies claim that safety standards should be based on a driver's performance and driving record, not on the sleep apnea study.

Nevertheless, scientists from Harvard and the Cambridge Health Alliance maintain that sleep apnea has a major impact on truck drivers and highway safety. The study points out that sleep apnea increases the risk of an accident by two to seven times and up to 20% of truck crashes are estimated to be the result of drivers falling asleep behind the wheel. Similarly, 28% of drivers have sleep apnea, which is astonishing and scary to know that amounts to nearly 4 million commercial drivers.

The only way to make a dent on this issue is for the federal government to require mandatory screening of drivers for the disorder. The Law Offices of Jeffrey J. Kroll has posted previously on sleep apnea and we strongly support such a measure that could potentially help to reduce the amount of truck fatalities.

Continue reading "SCIENTISTS CONTINUE PLEAS FOR SLEEP APNEA SCREENING FOR TRUCKERS" »

A 27-year old woman from Astoria, Illinois was killed Friday morning in Schuyler County when a smi collided with her vechicle on Route 24. Both vehicles were traveling westbound when the collision occurred. The woman, who was not wearing a seat belt, was pronounced dead at the scene. The driver of the semi was not injured. Illinois State Police are investigating the cause of the accident.

The Federal Motor Carrier Safety Administration (FMCSA) concluded in a 2006 study that drivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance. The study investigated a national sample of fatal and injury crashes between April 2001 and December 2003 at 24 sites in 17 states. Each crash involved at least one large truck and resulted in at least one fatality or injury. Action or inaction by the driver of either the truck or other vehicle was the critical reason for a whopping 88% of the crashes.

The U.S. Department of Transportation reports that there were 154 fatalities resulting from large truck accidents in Illinois in 2007 alone. This is 154 too many. Everyone must do their part to reduce this number.

Continue reading "ILLINOIS WOMAN KILLED IN COLLISION WITH SEMI" »

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

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

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

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

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

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

A Will County jury awarded $23.8 million to the families of two people killed and a third person seriously injured when a semi crashed into a line of cars on Interstate Highway 55 near Plainfield in April 2004.

Minnesota freight broker C.H. Robinson Worldwide brokered Utah-based trucking company Toad L Dragonfly Express to haul a load of potatoes. The driver, De An Henry of Utah, was reported to have been driving on a suspended license with falsified log books.

The jury found C.H. Robinson to be vicariously liable for the accident. Vicarious liability is a form of secondary liability. In this case, the jury determined that the carrier, Toad L Dragonfly Express, was not an independent contractor but was rather a subsidiary of the $8.6 billion brokerage company. As such, C.H. Robinson can be held liable not only for the negligence of Toad L Dragonfly Express in hiring and retaining a driver with a suspended license, but can also be held liable for the negligence of the driver himself.

Continue reading "ILLINOIS JURY SLAMS FREIGHT BROKER WITH A $23.8 MILLION VERDICT" »

A 25-year old man was killed Saturday morning after being struck by a tractor-trailer hauling anhydrous ammonia. The truck was traveling northbound on US 67 early Saturday morning and was negotiating a set of curves when it struck the young man, who was standing in the roadway. The man, a resident of Jerseyville, was pronouced deat at 5:50 a.m. and had passed away before paramedics could administer medical treatment.

The tractor-trailer was severely damaged and had to be towed from the scene. The death is still under investigation by the Greene County Coroner's Office, the Illinois State Police and the Greene County Sheriff's Office.

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

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

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

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

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

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

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

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

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

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

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

On January 19, 2009, a new regulation went into effect regarding the number of hours that a professional truck driver can work and drive. I agree with the position of the four organizations (Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition and the International Brotherhood of Teamsters) who had fought against this regulation. Their petition asked the Federal Motor Carrier Safety Administration (FMCSA) to reconsider the regulation based on findings demonstrating that much longer working and driving hours will inevitably produce severely fatigued drivers who can suffer serious health problems from excessively long working hours. Certainly, fatigued drivers are also a huge danger to other vehicles on the road as well.

Despite their fight and two court decisions against the hours of service regulation, the FMCSA re-issued essentially the same rule.

The regulation allows truckers to drive up to 11 hours in a single shift, while driving 88 hours or working 98 hours over eight consecutive days.

This regulation went into effect before the Obama Administration went into office and was not one of the regulations stayed by the Administration.

Continue reading "TRUCK DRIVERS' WORKING HOURS INCREASED" »

On January 17, 2009, a 6-year old boy died in the stands of a monster truck show in Tacoma, WA. Feld Motor Sports, based in Aurora, Illinois, organized the event and released a statement stating, "Feld Motor Sports is looking into the accident. The safety of our customers is our top priority." Apparently, Feld placed safety barriers at both ends of the arena floor.

However, these measures were insufficient as it was reported that debris was flying 30 to 50 feet into the grandstands from the truck. The mother of the boy described the debris as "a metal ring... roughly the size of a Frisbee and about three-quarters of an inch thick, weighing between 7 and 12 pounds."

This incident raises the question of whether enough is done to prevent injury to spectators at sporting events, auto races and monster truck shows. Here, it is evident that there was a lack of sufficient protection in place to prevent the fatal injuries sustained by this little boy.

Continue reading "MONSTER TRUCK SHOW SITE OF FATAL ACCIDENT" »

An average of 35% of the restrained occupants of heavy trucks (weighing in excess of 10,000 lbs) involved in accidents in the United States in 1994, 1995, and 1997 suffered incapacitating or fatal injuries, according to the National Highway Transportation Safety Administration (NHTSA)) in their report on truck rollovers. Significant injuries occur for occupants of tractor trailers involved in a rollover, even when they are restrained. Of course, the rollover impacts other individuals on the roads as well. There is a new system that could help to prevent rigs from rolling over and hopefully reduce the number of fatalities and incapacitating injuries.

The computer program works by employing the brakes on both the right and left sides of the vehicle to prevent a rollover. The system works to enhance driver control.

Meritor WABCO, a manufacturer of stability solutions, describes its rollover prevention technology as follows:

Rapid lane changes and cornering on slippery surfaces can trigger spinout, driftout or jackknifing, often before the driver is aware. ESC's lateral accelerometer, steer angle sensor and yaw rate sensor enhance driver control in these conditions. Brakes are applied selectively to individual wheels on the front and rear axles, as well as the trailer axles, to bring the vehicle back to its intended direction.

Continue reading "TRUCK ACCIDENTS: USING TECHNOLOGY TO PREVENT ROLLOVERS" »

One week ago, a truck driver hauling sound equipment for Bret Michaels' reality show "Rock of Love," fell asleep at the wheel, crossed the interstate into oncoming traffic, and slammed into a SUV and a pick-up. The occupants of the SUV, Yasmin Jackson and Kevetta Davis, both 19 year old sophomores at Southern Illinois University in Carbondale, were killed. Florida residents William and Colleen Wiley were air-lifted to a hospital for injuries sustained. As irony would have it, the truck driver suffered only minor injuries.

This is just one more example, among thousands, of truck driver fatigue causing catastrophic accidents. According to the Insurance Institute for Highway Safety (IIHS), more than 5,000 people died in large truck crashes in 2005. IIHS Vice President for Research Anne McCartt notes that studies have repeatedly shown that fatigue is a signifcant factor in truck crashes.

A federal work rule that went into effect in 2004 lengthened the mandatory rest period that truck drivers must abide by, but it also permitted drivers to stay on the road an extra hour every day. IIHS reports, that although sleep time has increased under this new rule, drivers nevertheless reported slightly more instances than the previous year of driving drowsy or falling asleep at the wheel. In fact, 15% of drivers acknowledged dozing at the wheel at least once in the previous month. How did this result? Truck drivers admit to driving more than the new daily limit of 11 hours and eight of ten drivers take advantage of a "restart provision" which allows them to drive 25% more in a week.

A dozing truck driver is arguably more dangerous than a drunk driver. As the IIHS reports, trucks often weigh 20-30 times as much as passenger cars and loaded tractor-trailers travel 20-40% farther than cars to stop; this discrepancy is greater when trailers are empty, on wet and slippery roads, or with poorly maintained brakes.

Continue reading "2 SIU STUDENTS KILLED BY TRUCKER ASLEEP AT THE WHEEL" »

Tragedy can strike suddenly, unexpectedly, and from seemingly out of nowhere. Just last week, as the University of Mississippi prepared to receive the presidential candidates for the first of many debates, a truck driver in the nearby town of Batesville was driving a load of freshly cut 35-40 foot hardwood logs down an idyllic small-town road. The truck somehow tipped over, the logs became dislodged, and one by one, tens of thousands of pounds of logs rolled off the truck and into oncoming traffic. The pick-up truck of William "Son" Hudson, the director of emergency operations in Panola County, was effectively buried by the logs. Mr. Hudson, a beloved man in Panola County, lost his life.

In an accident like this, there are many factors at play and many questions to consider: Was the truck driver negligent - was his speed excessive for the conditions? were his brakes not properly working? Were the logs improperly loaded? Was there a mechanical defect with the truck itself, causing it to tip over? Were the bonds holding the logs defective? A host of factors could have caused this accident. It is the lawyer's duty to determine who was responsible - and it could turn out that multiple people were at fault. It is the lawyer's duty to ensure that each responsible party is held accountable for its actions. It is the lawyer's duty to seek justice for the victims and the families of these needless accidents.

Continue reading "LOGGING TRUCK ROLL-OVER: VARIOUS FACTORS AT PLAY" »

Fatigued truck drivers are a major concern on the roads. I am a personal injury attorney in Chicago with extensive experience in truck and car crash cases and I have seen firsthand the sad outcome of truckers driving while fatigued.

Under current U.S. Federal Motor Carrier Safety Administration hours-of-service (HOS) regulations, commerical motor vehicle drivers may drive up to 10 hours after a mandatory 8-hour off-duty period. A 1996 study by the Federal Motor Carrier Safety Administration found that commerical motor vehicle drivers obtained an average of about 2 hours less sleep than their daily "ideal" requirements.

A report on "drowsy driving" by the National Highway Transportation Safety Administration (NHTSA) indicates that a typical crash related to sleepiness has the following characteristics:

The problem occurs during late night/ early morning or midafternoon.

The crash is likely to be serious.

A single vehicle leaves the roadway.

The crash occurs on a high-speed road.

The driver does not attempt to avoid a crash.

The driver is alone in the vehicle.

Unfortunately, operating a heavy tractor trailer without sufficient sleep can lead to disastrous consequences.

Continue reading "TIRED TRUCKERS ARE A SERIOUS HAZARD ON THE ROAD" »

Large commercial trucks account for a substantial share of serious personal injuries and wrongful deaths on Illinois highways. In fact, Federal Motor Carrier Safety Administration statistics show that in Illinois, trucking accidents killed 159 people in 2006. Drivers in cars will typically suffer significant injuries when they collide with these trucks because of the weight difference between a car and a truck. Cars will generally weigh less than 2 tons while trucks often can weigh up to 40 tons with a full load.

Trucking accidents can be the responsibility of the driver, the trucking company or both. Some of the major causes for trucking accidents include driver error, driver fatigue, unfamiliarity with the area, construction projects, aggressive driving and weather conditions, aggravated by an excessive speed. The National Highway Traffic Safety Administration (NHTSA) suggests that truck driver fatigue may be a contributing factor in roughly a third of all heavy truck crashes.

The trucking company could also be responsible for the improper maintenance of the truck or trailer, improperly training its driver or for negligently hiring the driver. The National Center for Statistics and Analysis (NCSA) discovered that more than 25% of the drivers involved in fatal crashes had at least one prior speeding conviction while 7% of the drivers had a previous license suspension or prior felony conviction.

Continue reading "CHICAGO TRUCK ACCIDENT ATTORNEY KNOWS FIRSTHAND THAT TRUCKING ACCIDENTS ARE A MAJOR CAUSE OF WRONGFUL DEATHS IN ILLINOIS" »