Illinois Injury Law Blog

Safe driving campaign lauded for reducing Chicago car accidents involving young drivers

Wed, 25 Aug 2010 08:59:15 -0600

For the fourth year, Illinois State Police in partnership with a host of corporate sponsors, including the Allstate Foundation, Ford Motor Company and the Illinois State Board of Education, join together to kick off the Operation Teen Safe Driving campaign.

With nearly 640,000 licensed drivers aged 15-19 on Illinois roadways, the Illinois Department of Transportation reported that Operation Teen Safe Driving aims to continue to reduce the number of teen-involved car accidents in Chicago and throughout the state with educational outreach efforts that include peer-to-peer based programs and awareness campaigns targeting seat-belt use and distracted and impaired driving.

“In 2008, teens formed the largest proportion of distracted drivers in fatal crashes,” said U.S. Transportation Secretary Ray LaHood. “Texting and talking on cell phones may feel like second nature to a tech-savvy generation, but the truth is, no one can talk or text while driving safely. I commend these young leaders and Operation Teen Safe Driving for helping to keep teens drivers safe.”

A 2008 IDOT report shows that about 67,200 Illinois drivers aged 15-19 were involved accidents on state roads, leaving 12,806 injured and 106 dead. Among 16-19 year old drivers, there were 93 fatalities, 60 of which involved alcohol.

In fact, teenagers nationwide are involved in three times as many fatal crashes than all other drivers. According to the National Highway Transportation Safety Administration, traffic crashes are the leading cause of death for American teenagers. For teens involved in a serious or fatal car accident, speaking with an Illinois injury attorney can help them and their families better understand their rights.

Inexperience and an immature prefrontal cortex – the part of the brain responsible for controlling impulses, recognizing consequences and setting priorities – paired with a penchant for distracted driving, are major contributors to crashes involving teens. Distractions can be visual, manual or cognitive and can cause a crash in two seconds, the time it takes to dig for or answer a ringing cell phone.

Texting while driving, although banned in Illinois, is a particularly dangerous and potentially deadly habit. A 2008 DOT survey shows that nationwide 1-in-10 drivers are in the habit of using some a hand-held or hands-free electronic device while driving and women were more likely to use a cell phone while driving than men.

The survey also found that the under-20 age group represented the highest number (16 percent) of distracted drivers involved in fatal crashes.

For more information about Operation Teen Safe Driving and to access online applications to participate in the effort, go to www.teensafedrivingillinois.org

Chicago among the nation's most dangerous cities for bus accidents.

Thu, 19 Aug 2010 12:41:49 -0600

Despite a more aggressive defensive-driving campaign and a heavier reliance upon bus simulator technology to train and re-train newly hired and veteran bus drivers, the Chicago Transit Authority continues to lead the national average in large system public bus accidents.

Just last week, ABC-7 reported that nine passengers were injured and taken to area hospitals after the No. 12 CTA bus was rear-ended by a car. Now, the Chicago Tribune has reported that current records compiled by the Federal Transit Authority indicate that CTA buses are involved, on average, in one crash per day.

While neither CTA administrators or drivers nor passengers are thrilled with this number, CTA official noted that bus drivers are driving further between accidents, logging 34,566 trips between crashes that occurred over more than 9.3 million runs. According to CTA records, 521 people were transported to hospitals after accidents involving CTA buses last year, and there was one fatality involving a pedestrian.

Information posted on the CTA website notes that the bus system is the second largest public transit system in the nation and provides, on average, 1.7 million rides daily. CTA public buses service 140 routes, 12,000 bus stops and make more than 25,000 trips daily.

The Illinois Department of Transportation reports that in 2008, there were 950 fatal crashes resulting in 1043 fatalities on Illinois roadways. In Cook County alone, there were 197,144 motor vehicle crashes, resulting in 272 fatalities and 40,184 injuries.

Illinois nursing homes continue to be raided in search of wanted felons

Sat, 14 Aug 2010 12:42:14 -0600

Rockford's Alden Park Strathmoor Nursing Home is the latest elder-care facility that has been raided by the Illinois Attorney General's Office. The surprise inspection resulted in the arrest of two residents, Stateline reported.

Our Illinois nursing home negligence lawyers continue to field calls from people who are concerned about the conditions of a nursing home or elder care facility. Recently, state officials have targeted homes for inspections in search of felons or wanted criminals who are living amongst the elderly population.

“About seven months ago we started doing unannounced checks of across the state of Illinois to determine whether or not nursing homes were identifying offenders and whether or not those offenders living there had a safety plan in place,” says Attorney General Lisa Madigan. As hard as it is to believe, Illinois law permits dangerous felons to live in many of the state's nursing homes, so long as staff has a "safety plan" in place to limit the potential for problems.

The check in Rockford found four residents of the home with outstanding criminal warrants: A 51-year-old resident wanted for DUI in Cook County; a 44-year-old wanted for failure to appear in court and for stolen property in Will County; and two others who were wanted on warrants but were not taken into custody because of medical reasons.

A representative of the home said background checks are conducted but that they do not show the outstanding warrants. The home has about 200 residents.

Chicago school bus accidents a common danger

Fri, 06 Aug 2010 09:25:46 -0600

An Illinois school bus accident last December occurred after the driver fell out of the moving bus while leaning out the door to vomit, WLS-TV reported.

The allegation is made in a lawsuit filed this week in Cook County Circuit Court against Illinois Central School Bus. The bus continued on without the driver and crashed into a nearby ditch. The crash happened Dec. 18 at the intersection of 15500 E. Road and 4500 S. Road in Kankakee County.

The driver fell onto the road while the bus carrying children continued on without him. The suit does not specify whether the driver or other children were injured in the crash. A spokesperson for Illinois Central School Bus said safety is a "top priority" but declined to comment on the lawsuit. The company, based in suburban Montgomery, is the seventh-largest school bus company in the United States.

The suit seeks damages excess of $50,000.

Illinois school bus accidents occur with alarming regularity. The Illinois Department of Transportation reports more than 2,400 accidents involving school buses occurred in 2008. Six people were killed and 341 were injured. The vast majority of accidents occurred in urban areas, primarily school bus accidents in Chicago.

The U.S. Department of Transportation reports that an average of 19 children die each year in school bus accidents. About two-thirds of those incidents involve pedestrian accidents outside the bus.

Sprinklers in fraternity houses need now -- not in 10 years; Illinois premise liability claims should hold landlords responsible

Sat, 31 Jul 2010 11:04:37 -0600

Illinois Gov. Pat Quinn signed a measure into law this week that requires fraternity and sorority houses to install automatic fire sprinkler systems. The law will also require housing units to have backup power supplies for all smoke detectors.

“Fire safety starts at home. These important new laws help ensure that the smoke detectors where you live don’t fail when you need them the most, and help make our college students safer,” said Governor Quinn. “These laws will help prevent potentially tragic situations like we saw last year at Southern Illinois University Edwardsville.”

In fact, at least three fires have occurred at fraternity or sorority houses in Illinois in recent years. The law gives the homes until 2019 to comply. Our Chicago injury lawyers think that is an absurd time frame. Frankly, these homes should have sprinklers before the start of fall semester. Anything else is gross negligence on the part of both the property owner and the university.

Fires in apartment houses, hotels, dorms or other group-living environments are very, very serious because of the risk posed to multiple tenants. When basic safety features like sprinkler systems and smoke alarms are not present, a property owner can and should be held responsible for the serious injury or death that results. Just as an Illinois premise liability lawsuit would seek to hold a business or property owner reliable for other acts of negligence that result in serious or fatal injuries to customers, occupants or invited guests.

Other types of Chicago premise liability claims may include:

Slip and fall cases

Faulty handrails or stairwells

Cracked or broken pavement or sidewalks

Dark or uneven walkways

Negligent security

Assault on business or landlord property

Swimming pool accidents

Dog attacks

Elevator and escalator accidents

Collapsing porches or railings

A person who suffers serious injuries as a result of a property owner's or landlord's negligence, deserves to be compensated. And a Chicago accident attorney can help ensure that the problem is corrected and that future residents or guests are protected from suffering similar injury.

Government's plan to forbid sale of drop-side cribs will reduce risk of Illinois child injuries

Sat, 24 Jul 2010 15:41:44 -0600

The federal government has taken the long-overdue step of mandating new safety measures for baby cribs and essentially ending the manufacture and sale of drop-side cribs, CNN reported.

Our Illinois child injury lawyers encourage parents to check their baby cribs frequently for dangerous safety hazards. Loose or missing screws or brackets, and split or missing mattress supports, slats or railings are common hazards that can increase the risk of an infant's serious injury or death.

More than 36 infant deaths have been blamed on drop-side cribs in the past several years. The new rules are expected to go into effect next year and will essentially ban the manufacture and sale of drop-side cribs, regardless of whether that particular model has been recalled or identified as posing a safety hazard.

The Consumer Product Safety Commission has recalled more than 100 children's products this year, including at least a dozen models of drop-side cribs. Common hazards include falls, suffocation and children who get their heads caught between a mattress and railing. The dangers are blamed on poor construction and design, including faulty hardware, poor wood quality and dangerous gaps created by mattress support failures. The new rules would forbid retailers from selling cribs that do not meet the new safety standards.

Many hotels, motels and child-care facilities would also have to purchase new cribs.

Just last week, Pottery Barn Kids drop-side cribs became the latest recall issued by the federal government. About 82,000 cribs were recalled because of a risk of entrapment, suffocation and fall hazards.

Here is a list of child products the government has recalled.

Here is a list of toys the government has recalled.

Motorists at increased risk for railroad crossing accidents in Chicago

Tue, 13 Jul 2010 14:26:08 -0600

A Chicago railroad crossing accident forced a trucker to bail out of his rig on Monday morning. The truck became wedged on the tracks, with traffic both in front and behind him, when an approaching train forced him to run for his life.

The crossing at Nagle Avenue near Avondale Avenue is on the Northwest Side and was featured that same day on the front-page of the Chicago Tribune as one of the area's most dangerous. This week's crash is the sixth in as many years at the busy intersection.

The state rail safety office said the crossing was being operated by the Illinois Department of Transportation, which reported that the City of Chicago is responsible for the intersection's operation.

Other dangerous railroad crossings in the area include 119th Street west of I-57 and Chestnut and Lehigh avenues in Glenview.

Earlier this month, The Federal Railway Administration put Illinois on a list of 10 states with the highest number of railroad crossing accidents. The states must produce a plan to improve railroad crossing safety by August 2011. Seventy-eight Illinois railroad crossing accidents were reported last year.

Illinois officials pin the blame for the high number of accidents on the fact that the state has the second-highest number of crossings in the nation, after Texas. Comparing states based on the number of collisions per-vehicle traveled would place Illinois 34th.

The federal government rejected that methodology and has ordered the state to submit a plan to improve crossing safety. The Illinois Commerce Commission reports that 16 people were killed and 40 were injured in crossing accidents in the last year.

Illinois fireworks injuries can result from consumer mishaps or professional shows

Sat, 03 Jul 2010 10:48:12 -0600

The Consumer Products Safety Commission estimates that 200 people a day will be seriously injured by fireworks over the Fourth of July holiday and the National Fire Protection Association reports that fireworks were responsible for 22,500 fires in 2008.

Those figures include 1,400 structure fires and 500 vehicle fires. Our Illinois accident attorneys also remind parents that children are the most frequent victims of fireworks accidents, accounting for about half of all injuries each year.

The National Fire Protection Association provides the following safety tips:

*Leave fireworks to the professionals and do not use consumer fireworks.

*Attend a public display and keep away from fireworks storage or launching areas.

*Never allow children to handle fireworks.

The CPSC reports that 8,000 people were treated at the emergency room for fireworks injuries last year. About two-thirds of those cases occurred in the month surrounding the Fourth of July holiday.

Fireworks injuries included:

1,200 firecracker injuries

1,000 sparkler injuries

300 injuries from bottle rockets

More than half of all injuries were burns. Other injuries included objects in the eyes and cuts and bruising. Thirty percent of injuries occurred to the hands, while 27 percent of victims suffered eye injuries and 15 percent had head, face or ear injuries.

In many cases, victims were injured by malfunctioning fireworks, which could result in an Illinois product liability claim. Malfunctioning fireworks were responsible for 78 percent of all injuries.

22 percent resulted from early ignition
22 percent from errant flight path
17 percent from tipover
13 percent from smoke or debris

Guests of commercial fireworks shows can also be injured by falling debris or as a result of a number of other causes. Those injured during a fireworks show in Illinois may also be entitled to collect damages for medical expenses, lost wages, pain and suffering and other compensation as allowed by law.

Motorists pleads guilty to intentionally causing Chicago bicycle accidents

Fri, 25 Jun 2010 12:47:30 -0600

A second defendant has pleaded guilty to charges accusing him of purposefully hitting bicycles with his car in Brookfield. The 20-year-old pleaded guilty to aggravated battery with a deadly weapon and leaving the scene of an accident. On Tuesday, he was sentenced to two years of probation, according to the Chicago Tribune.

Riders already face the significant risk of a Chicago bicycle accident without motorists intentionally trying to run them off the road. While this may be an extreme case, our Chicago injury lawyers are frequently called to represent cyclists who have been run off the road or otherwise injured by an at-fault motorist. The Illinois Department of Transportation reports there were nearly 4,000 motorcycle crashes in 2008 -- 28 riders were killed and more than 3,300 were seriously injured.

This incident occurred on May 31, 2009 when the defendant was driving through Brookfield with his 18-year-old girlfriend at about 6:30 a.m. The girlfriend bet he wouldn't hit a cyclist and the defendant struck a 52-year-old rider on Washington Avenue before driving away. They switched places, and the girlfriend struck a 34-year-old rider a few blocks away. They were arrested a short time later.

The girlfriend pleaded guilty last week to aggravated battery with a deadly weapon and driving under the influence of alcohol. She was sentenced to 10 days in jail and two years of probation. The Active Transportation Alliance, an advocacy group, called the sentences outrageous.

The City of Chicago provides a safe cycling brochure for cyclists and offers a number of safety tips, including:

Fitting and equipping your bike

Maintenance checks

Parking your bike

Bike helmets

Traffic basics

Lane positioning, turning and passing

Trouble Situations

Off-street Bicycling

Riding at night and in bad weather

Teen faces DUI charge for Chicago pedestrian accident; young drivers at high risk for traffic crashes

Sun, 20 Jun 2010 14:52:59 -0600

A New Trier High School student is facing misdemeanor DUI charges after a Chicago pedestrian accident that seriously injured a fellow student. The Sun-Times reports the defendant admitted to smoking marijuana the night before the accident.

She is accused of hitting a sophomore student on May 14 as the teen crossed the street in front of the school. Authorities say she fled the scene after the accident. She also faces a felony charge of failing to stop after an injury accident.

Car accidents among young drivers are an ongoing concern heading into summer. The Illinois Department of Transportation reports that teenagers ages 16-20 have the highest injury rate among all Illinois drivers. In 2008, 104 young drivers were killed in accidents and almost 13,000 were injured.

As a result, the Illinois Secretary of State's Office has instituted a Graduated Driver's License Program.

15-year-old Permit Drivers:
-Parental permission to obtain permit.
-Must enroll in approved driving course and pass vision and written exams.
-Prohibited from driving on weeknights from 10 p.m.-6 a.m. and on weekends from 11 p.m. to 6 a.m.
-Must have permit for 9 months.
-50 hours of minimum driving practice.
-No citations.
-No cell phone use.

16-17-year-olds Initial Licensing Phase:
-Completed state-approved driver education course.
-Must maintain conviction-free driving record for six months before turning 18 in order to be eligible for full driving rights.
-Limited to one passenger under 18 unless a sibling or child of the driver.
-Prohibits cell phone use.

Additionally, studies continue to show that teens are at high-risk for being involved in accidents involving alcohol or drugs. Twenty-eight percent of young drivers killed in automobile accidents had been drinking, according to Students Against Destructive Decisions (an organization you and I remember as Students Against Drunk Driving).

New law aimed at reducing risk of Illinois nursing home abuse and negligence

Thu, 10 Jun 2010 15:28:01 -0600

Advocates for elder care and safety continue to await the governor's signature on a law aimed at reducing the risks of Chicago nursing home neglect.

"Nursing homes should provide safe, caring environments for residents and peace of mind for their family members," said Illinois Attorney General Lisa Madigan. "This new measure strengthens the law to enable prosecutors to crack down on negligent nursing home operators who fail to protect our most vulnerable adults."

The measure, which was passed by lawmakers in a unanimous 118-0 vote last month, makes criminal neglect in nursing homes a Class 4 felony. Nursing home employees or owners who put resident's health at risk can face charges. The penalty would increase to a Class 3 felony in cases where neglect causes a patient's death.

Media reports last year detailed a number of serious problems in Illinois nursing homes, including the practice of housing mentally ill felons in homes with elderly residents. In response, the governor convened the Illinois Nursing Home Task Force, which made a series of recommendations. Other improvements in the system include enhanced background checks and increased screening for residents.

A May 25th raid on a Jacksonville nursing home was the latest in a series of 11 raids on Illinois nursing homes conducted by the Attorney General's Office, according to the State Journal-Register.

Our Illinois nursing home abuse attorneys work with families who are concerned about the conditions of a nursing home or the treatment of elderly residents in nursing homes throughout the state. The Illinois Department of Public Health offers a number of resources for families dealing with the task of choosing a nursing home to care for an aging family member:

-How to Choose a Nursing Home

-Illinois Nursing Home Violation Reports

-Illinois Nursing Home Care Act

-Illinois Nursing Home Directory

Take an active role in preventing Chicago boating accidents this summer

Sat, 05 Jun 2010 13:48:35 -0600

Memorial Day weekend typically ushers in the beginning of the Illinois boating season and authorities are urging everyone on the water to practice safe boating in an effort to reduce serious and fatal Chicago boating accidents.

The Illinois Department of Natural Resources reports that 25 people were killed and 71 injured in more than 100 Illinois boating accidents last year. Nationwide, the U.S. Coast Guard reported 709 deaths and more than 3,300 injuries as a result of boating accidents during 2008.

Illinois personal watercraft accidents and jet ski accidents continue to be a cause for concern. Last week, a 28-year-old man was killed in a jet ski accident on Lake Marie in Antioch, ABC 7 reported.

Not surprisingly, boating accidents peak in the summer months, with June (733), July (1,136) and August (848) accounting for nearly half of all boating accidents nationwide in 2008. About half of all boating accidents occur in lakes and ponds (2,267), while 112 occurred on the Great Lakes and 348 happened in Ocean or Gulf waters.

Boating Safety and Statistics

-Over two-thirds of boating accident victims drown; 90 percent were not wearing a life vest.

-Only 1 in 10 boating accidents occur in boats operated by a captain who has received boating safety instruction.

-The five primary causes of boating accidents are reckless operation, operator inattention, failure to establish a proper lookout, operator inexperience, and passenger/skier behavior.

-Alcohol use is a leading factor in approximately 1 of every 7 fatal boating accidents.

-Primary accident types are collision with another vessel, flooding, collision with a fixed object, falling overboard and skiing mishaps.

-Leading causes of boating deaths are drowning, trauma, hypothermia, carbon monoxide poisoning and cardiac arrest.

The Illinois Department of Natural Resources offers boating safety courses and safety tips.

The Safe Boating Council offers the following safety tips as part of a free Safe Boating Checklist:

-Enroll in a swim course and safe boating course; arm yourself with the skills necessary to stay safe on the water.

-Wear a life vest.

-Use Carbon Monoxide detectors in enclosed areas.

-Keep an eye on the weather and react accordingly.

-File a float plan; communicate your trip details to a friend, including where you are going, who will be on the boat and when you expect to return.

-Never operate a boat while drinking alcohol.

-Keep boat chemicals properly stocked and out of reach of children.

-Keep CPR instructions and emergency numbers in a prominent location on the boat.

-Maintain constant supervision of children.

-Do not swim near a boat's exhaust or sit on the platform while a boat is running.

Chicago-Area Agencies Conclude “Motorcycle Awareness Month”

Tue, 01 Jun 2010 13:06:19 -0600

Today marks the end of May’s “Motorcycle Awareness Month”—a period during which local law enforcement agencies try to make drivers aware of the motorcycle riders who share the road with them, and to remind riders to take safety precautions as motorcycle riding increases during the summer months.

In a report broadcast yesterday, WGN TV discussed the types of motorcycle crashes that are considered “textbook” examples: such accidents occur most often at intersections, when drivers attempting to make a left-hand turn don’t notice a motorcycle coming into the intersection, and cut off the rider. Citing data from the National Highway Traffic Safety Administration, the report noted that motorcyclists are 37 times more likely to die in a crash than people in passenger cars are. Even police riders are sometimes forced off the road, despite riding with flashing lights and sirens that should make it more likely that drivers would notice them.

Many riders like to wear dark clothing; however, research has shown that the use of fluorescent, reflective, or brightly-colored clothing, as well as the use of white helmets, reduces the likelihood that a motorcycle rider will be injured in a crash caused by someone else’s negligence.

Motorcycle Awareness Month may be over, but Chicago motorcycle riders must stay alert throughout the year. Unfortunately, according to media reports, a 31-year-old Carpentersville motorcyclists lost his life just last Saturday when he rode off the road near Richmond.

Helping Families Recover after a Child Is Injured

Mon, 24 May 2010 13:06:56 -0600

A recent study conducted by the Children’s Hospital of Philadelphia, published in the Journal of Traumatic Stress, looked at parents whose children had been hospitalized due to injuries suffered in traffic accidents. According to the study, 37% of those parents were themselves suffering from “acute stress disorder” a month after their child’s injury, and 15% of them had symptoms of post-traumatic stress disorder that lasted even longer than six months.

The study highlights the need to address every family member’s reaction to the emotional aftermath following an injury to a child. In their effort to help the child recover, the parents might otherwise ignore their own symptoms, or miss warning signs from the child’s siblings, who may not be physically injured but may still need help in getting past their fears.

The Children’s Hospital of Philadelphia has created a website designed to help families deal with a child’s recovery from an injury. www.aftertheinjury.org offers various tips and resources, including advice on when parents should seek professional help in dealing with their own anxiety. If parents feel that they are thinking too much about the child’s injury; or, in contrast, are avoiding talking about the injury or being in the area where the injury took place; or find themselves generally anxious about other things, and these worries and actions interfere with their normal activities or last longer than one month, the website encourages parents to get professional help.

Following a car accident, some injuries are fairly easy to assess and treat; as this study shows, however, the resulting emotional injures may be diffused through an entire family and may last far longer than the physical damage.

Medical Care and Medical Malpractice Lawsuits

Mon, 17 May 2010 16:39:33 -0600

Earlier this month, National Public Radio reported that at least nine patients died in 2006 and 2007 as a result of mistakes made by medical staff at the Marion V.A. Medical Center in Illinois. According to the report, some of the doctors at that hospital were performing procedures for which they were not qualified; one of those doctors was already, at the time, under investigation for malpractice in a different state. In addition, the report noted that the medical care provided at that center contributed to injuries suffered by additional patients. As a result of an investigation by the Department of Veterans Affairs, that hospital is now one of several V.A. facilities in which doctors will be allowed to perform only some types of surgery; for others, the patients will be referred to other hospitals.

Medical treatments are often complicated, and their results are dependent on many factors; however, at times, the negligence that some patients face can be quite blatant. When negligent or intentional acts by a medical provider lead to injury to a patient, the patient may sue the medical provider for medical malpractice. In such a lawsuit, the injured party is trying to recover financial compensation for the costs of medical treatment, lost wages, and pain and suffering related to the injury caused by the medical provider. However, the injured person must prove that the actions of the medical provider fell below the standard of care that would have been provided by other similar professionals.

A study published recently by Rand International evaluated the relationship between “adverse safety outcomes” for patients and medical malpractice claims filed in California. The authors of the study concluded that “safety interventions” can potentially reduce both harm to patients and the amount of malpractice litigation: in California, when patient care improved, the number of malpractice suits dropped.