Ride safely this summer. But, even if you take every safety precaution, accidents may still occur. When another driver's negligence results in motorcycle injury-accident, filing a personal injury lawsuit can help you recover compensation for medical and other bills.
]]>But, back in the day of the Model T, cars were smaller, less in number and travelled at far slower speeds than the cars, trucks and SUVs zooming around Chicago at 60, 70 or 80+ miles per hour. Add today's larger cars and faster speeds to a new crop of distracting gadgets within the vehicle itself and you have a recipe for an Illinois distracted driving car accident.
]]> As states pass varying bans on cell phone use for drivers - no texting behind the wheel, no using a handheld phone behind the wheel - car makers are working on ways to integrate distracting technologies into vehicles themselves. But the National Highway Traffic Safety Administration (NHTSA) is taking steps to make sure 'smarter' cars don't mean less safe roads.A series of hearings are being held, including one in Chicago, by the NHTSA regarding its proposals to limit distracted driving. The NHTSA has proposed that automakers build in technology to new cars that would disable the use of a phone for calling, texting or web-surfing unless the car is in park.
Illinois already bans texting while behind the wheel. Chicago specifically requires that only a hands-free mobile device may be used while behind the wheel; the state of Illinois prohibits bus drivers, those with learners' permits, under age 19, driving in a school zone or driving in a construction zone from using a cell phone while driving.
The focus on distracted driving is not misplaced. California banned hand-held phone use by drivers in 2008. Distracted driving cell phone-related fatalities have since dropped by half.
Source: Chicago Tribune, "Car technology on collision course with safety regulators," Phil Rosenthal, March 14, 2012
]]>Police were unable to figure out who had killed the University of Illinois student until the driver, David McCarthy, knocked on the victim's sister's front door. After a brief conversation, he admitted to hitting her sister, running her over and leaving the scene of the fatal motor vehicle accident.
Although McCarthy confessed his crime to the sister, he revealed no intention of going to police. But, the sister was able to take down his license plate when he left and police then tracked him down at his Naperville home.
]]> The driver now says he has a clear conscience, but the victim's family is still left holding onto the pieces after losing their loved one and going so many years without answers. They maintain regular vigils at a memorial constructed to their lost family member."...[I]t took him four years to come forward," the victim's sister said. "What kind of person does that? He left my sister in the street to die and he had four years to think about what he was going to say about what he did."
McCarthy was charged with leaving the scene of accident causing a death and causing personal injury. Now that the identity of the driver who killed the 20-year-old Illinois woman is known, the family may have a legal right to pursue money damages against him and his insurer to cover expenses related to the victim's medical care, funeral and other losses such as pain and suffering.
Whether McCarthy will spend time in jail for his crime remains to be seen.
Source: Chicago Tribune, "Man confesses to family in fatal hit-run: 'I have a clear conscience'," Deanese Williams-Harris, Jack McCarthy, Steven Schmadeke and Becky Schlikerma, February 27, 2012
]]>While little is currently known about the cause of this truck-pedestrian accident, Chicago pedestrian injury lawyers see these types of accidents all too often. When a person on foot, or a person on two wheels for that matter, is hit by a car, bus, truck or train, serious and catastrophic injury is likely, based on the sheer size difference and the lack of protection around a pedestrian or cyclist.
The City of Chicago conducted a Pedestrian Crash analysis in 2011 to identify safety issues and improvement plans for those on foot throughout the city. The study included all pedestrian-car crashes that occurred throughout Chicago from 2005 to 2009. In 2009, the report noted that the city was at a nine-year low, with over 3,000 pedestrian crashes. As the family and friends of this Curie High School student are likely thinking, even one pedestrian acccident is way too many.
]]> Further Results of the Chicago Pedestrian Crash StudyChildren between 5 and 18 are more likely to be involved in a pedestrian crash in Chicago, according to the study. High school students between the ages of 15 and 18 were the most likely to be involved in a pedestrian crash and were also the most likely to suffer serious or fatal injuries as a result.
Walking in Chicago's Central Business District (CBD) is more likely to end in a vehicle-pedestrian crash than any other spot in the city. Surprisingly, those who cross the street in a crosswalk while the walk signal is lit are more likely to be hit by a car than others who do not use crosswalks or disobey the walk signs.
The Chicago Pedestrian Plan aims use the results of the study to lower the number of pedestrian accidents on Chicago's streets and sidewalks, claiming that "the best way to see Chicago is as a pedestrian." Making the streets safer for everyone on foot -- from young to old -- is a key component of the Chicago Department of Transportation's mission to make "Chicago the most-pedestrian-friendly city in the country." And it may help save the lives of many Chicago residents and tourists alike.
Source: NBC Chicago, "Teen Struck By Semi Near Curie HS," 24 January 2012
]]>A recent study at Purdue University revealed that men over the age of 45 are more likely to crash their cars on snowy, icy roads and women tend to be safer drivers during the winter months. Particularly, men 4 and older driving pickups or another four-wheel-drive vehicle are at the greatest risk of a weather-related car accident.
Investigators believe that there is a false sense of security related to all-wheel-drive vehicles. Although they allow drivers to accelerate more quickly on ice and snow, they do not change the distance it takes to safely brake under similar conditions.
]]> Awareness of Winter Road Conditions: Rain, Snow and IceRoad conditions that create a situation in which a car accident is likely to occur vary by gender, according to the study. Men tend to get into weather-related crashes on dry roads. Women, on the other hand, tend to get into serious car accidents on wet roads made slick by rain.
Women over 45 are four times more likely to get into a serious accident on wet roads than on dry roads, while women under 45 are three times more likely to get into a car accident resulting in serious injury on rain-slicked roads. But, on roads covered in snow or ice, women are less likely to be in a car accident.
As the roads eventually do become snow- and ice-covered, Chicago rear-end collisions become more likely if drivers do not properly adjust to changing road conditions. Understanding the weather conditions that are more likely to lead to car accidents is one of the keys to reducing the rate at which serious injuries and deaths occur on Chicago streets and Illinois highways. The results of this particular study show that drivers still need to slow down and be aware of their conditions, and that a bigger, four-wheel drive car with anti-lock brakes doesn't necessarily mean you are safer.
This winter, slow down and drive safer. You, and everyone else on the road, will be thankful for it.
Source: Chicago Tribune, "Different road conditions are a factor in crashes involving male, female drivers, study finds," 5 December 2011
]]>The ban, which took effect in November 2011, forbids bicyclists from text messaging or talking on a cell phone without hands-free technology. Passed by the Chicago City Council without dissent, according to Huffington Post, the ordinance allows fines for violators of $20 for the first offense and up to $100 for three or more offenses. However, if texting bikers are involved in traffic collisions, the fine can be increased to $500.
]]> The National Highway Traffic Safety Administration (NHTSA) lists the three main types of driver distraction as visual (taking eyes off the road), manual (taking hands off the steering wheel) and cognitive (taking mind off driving), and texting involves all three types. According to Insurance Institute for Highway Safety (IIHS) statistics, drivers using hand-held devices were four times more likely to be involved in accidents "serious enough to injure themselves."Whether distracted driving statistics for vehicle drivers are true for bicyclists isn't known, however, the fact that distracted driving is dangerous is commonly accepted. Accidents involving a distracted bicyclist can result in injuries to other bicyclists, pedestrians and even those riding in or driving automobiles. Injuries may include:
Preventing injuries and fatal Chicago accidents is everyone's responsibility. Neither texting and driving nor texting and cycling mix.
]]>The National Blue Ribbon School program recognizes overall academic excellence and success in closing achievement gaps, particularly amongst minority students in both public and private elementary, middle and high schools throughout the country. The United States Department of Education began recognizing high-performing or improving schools since 1982. Less than five percent of the over 138,000 schools throughout the U.S. have earned the honor of being named a National Blue Ribbon School.
Principal Schutter and the school will receive the award at a ceremony in Washington, DC on November 14 and 15, 2011.
For More Information: Niles Herald-Spectator, "Pair of Park Ridge parochial schools earn 'Blue Ribbon'," 29 September 2011
]]>When she realized she'd be unable to get out, she shut off the faucet filling the tub and attempted to pull the drain to empty it completely. But, the chain on the drain stopper broke, leaving her stuck in the bathwater until she was rescued by her daughter 30 hours later. She was in shock, unconscious and had suffered significant skin injuries by that time. Because of the faulty drain mechanism, she spent four days in the hospital and three months in a nursing home recovering from her injuries.
Standing up for Injured People Throughout the Chicago Area
Fighting back against Premier Bath, the maker of the tub, for the injuries caused by the defective drain mechanism, the Chicago products liability attorneys at Clancy Law Offices filed suit on the injured woman's behalf. As stated in the lawsuit filing, "The failure and/or malfunction of the drain," directly caused her injuries.
]]> The lawsuit requests damages in excess of $50,000 for negligence, liability for a defective product and breach of warranty from Premier Baths, Inc.A Not-So-Perfect Solution for Bathers
Premier Bath, Inc., via its website, claims its walk-in tubs are ideal for those "with Limited Mobility, Seniors, Handicapped and people suffering from Pain, Arthritis, Stress and other debilitating conditions." Several of its models promise to be the "perfect solution" for bathers. Unfortunately for the Oregon, Illinois woman injured by the Sanctuary walk-in tub, Premier Bath was not so perfect.
The Sanctuary model is the most popular line of Premier's walk-in tubs. "The safety of the Sanctuary gives you the confidence and independence to enjoy bathing again," according to the Premier's description on its website. The lawsuit challenges these broken safety promises and seeks to protect others from unnecessary injuries caused by the same drain-related problem experienced by this victim.
Source: Chicago Sun-Times, "Woman stuck in bathtub for over 30 hours, lawsuit charges"
]]>The SFF initiative was started in 1998 to identify and track poorly performing nursing homes. Routine inspections are held at all nursing homes throughout the United States that receive money from Medicare and Medicaid. While almost all facilities, on average, have 6-7 deficiencies, those that are added to the SFF list have been found to have significantly more or significantly more serious deficiencies as well as a pattern of uncorrected issues over a period of time.
]]> Embassy Health Care Center in Wilmington, Illinois has been on the SFF list for over 47 months but has not improved in the areas it which it was cited for deficiencies. Also failing to improve are Nathan Health Care Center in East Saint Louis and Rockford Nursing & Rehab Center in Rockford. Both have been on the SFF list for nine months.Finding the Right Illinois Nursing Home
Chicago nursing home abuse and neglect attorneys have seen far too many cases of patient injury due to a lack of supervision or safe facilities in assisted living homes throughout Illinois. Bruises and broken bones from falls, bedsores or pressure ulcers from neglect and dehydration or malnutrition related simply to poor care are all preventable nursing home injuries.
Protecting your loved one starts with investigating the facility or facilities that may become his or her new home. The CMS recommends, above all, visiting a nursing home prior to moving a family member in. Talk to other residents and other families about their experience at the facility. Request a copy of the nursing home's latest CMS survey.
Do your research - learn more about the nursing home using the Nursing Home Compare website. If there have been problems at the nursing home or if it's listed on the current SFF list, ask the staff what is being done to improve patient care and safety at the home.
]]>Illinois is addressing these dangers with "Give Em a Brake Zone" (GABZ) patrols. These extra construction zone patrols will look for distracted drivers (those texting or using cell phones in a construction area) as well as those exceeding the speed limit with air patrols and laser speed guns. In Illinois, speeding in a construction zone carries a maximum $375 fine for a first offense. Two-time offenders face a maximum $1000 fine and a 90-day license suspension.
Scott's Law Requires Motorists Yield to Emergency Vehicles
Illinois drivers should also be aware of the 2009 law that requires motorists to yield to emergency vehicles, or any vehicle equipped with oscillating lights, by reducing speed and changing lanes away from the emergency vehicle, if possible. GABZ patrols will also be looking for motorists who ignore this state law, named for a Chicago fireman who was struck and killed on the Dan Ryan Expressway by an intoxicated driver.
]]> Ways to Stay Safe in Construction ZonesIllinois Safety Education Officer Trooper Ed Howard notes there are many things motorists can do to increase construction zone safety and avoid causing or being involved in a car accident. He recommends that drivers follow these tips to stay safe this summer on the road and to avoid traffic fines:
Staying safe this summer on Illinois' -- and America's --roads requires vigilance and smart driving skills. Don't ruin your summer vacation with a hefty fine or, worse, a car accident causing serious injury to yourself, your passengers or others on the Illinois roadways. 'Give 'Em a Brake' in Constructions zones.
]]>In 2010 only 10,195 payments were made on claims of doctors' medical mistakes. The amount of money paid on claims has reached its lowest number since 1998, according to a study by Public Citizen.
"Health care costs have nothing to do with what's going on in the courtroom," stated Public Citizen's Congress Watch Division Director, David Akrush.
]]> Public Citizen analyzed data from the National Practitioner Data Bank and found that the 2010 payments represented only a fraction of medical costs across the United States. In fact, they represented about one percent of the costs for Medicare patients.Public Citizen's analysis also unearthed several important points, including:
Medical malpractice encompasses preventable adverse events, such as operating on the wrong location, a foreign object left in a patient after surgery, in-hospital falls or burns and infection that can result is serious lifelong injuries or death. Hundreds of thousands of medical mistakes are reported annually.
As the data shows, blaming the victims of medical malpractice for the problems of the health care industry will do little to solve them.
Source: Malpractice Payments Plummeted in 2010: New Data Show Health Care Costs Are Not Linked to Lawsuits
]]>The Centers for Medicare and Medicaid (CMS) website was created to help consumers obtain important information to assist them in choosing a nursing home or long-term care facility. The site has recently seen some changes that further improve functionality and quality of the information.
]]> Medicare's "Nursing Home Compare" website will now have real time and up to date information for consumers to be collected from verifiable sources. The information will include:These changes should make the information on the CMS website is more timely, accurate and comprehensive.
The goal of the site is to provide a one-stop-shop for families seeking information on a particular facility or when researching facilities within a particular area.
Source: Nursing Home Compare at Medicare.gov; More Improvements At Medicare's 'Nursing Home Compare' Website
]]>Based on this method, birth injuries from trauma are the costliest type of medical errors. Serious harm caused to an infant at birth combined with a normal life expectancy makes birth injuries the most expensive to treat over time. Cerebral palsy is a common type of condition arising from birth injury, and many patients have average life expectancy, but quite diminished quality of life and loss of potential income.
]]> After cerebral palsy, there are two other common injuries but they're not generally related to mistakes made by physicians at delivery: quadriplegia and untreated unstable angina (a symptom of possible heart attack) that can both come about from cursory examinations and failure to diagnose.According to CoverMD, here are the top ten costliest medical malpractice mistakes:
The National Trial Competition allows teams of law students from across the country to develop and sharpen trial skills. The competition began in 1975 and is sponsored by the Texas Young Lawyers Association and the American College of Trial Lawyers.
Attorneys Wendell Clancy and Michael Clancy each judged four trials over two days in Region 8, which is comprised of law schools from Illinois and Indiana. The quality of the student work was generally excellent, with teams from Northwestern University Law School and Chicago-Kent College of Law ultimately prevailing.
In April, these teams will travel to Houston and compete in nationals against the other regional winners.
We'd like to extend a special thank-you to Trista Hudson, a Deputy Prosecuting Attorney with the Porter County (Indiana) Prosecutor's Office and Adjunct Professor of Law at the Valparaiso University School of Law, for all her work coordinating the regional competition.
Congratulations to all teams!
]]>Nonetheless, the officer testified that he didn't suspect Conner to be drunk, that he did not smell alcohol on his breath, and it appears as though he did not investigate further. A simple field sobriety test may have been a good idea - but he let Conner get in the driver's seat. A detective said that he did smell alcohol on Conner's breath, right after the car wreck.
Conner's defense attorney questioned the officer at trial. (Conner had been charged with aggravated drunk driving.) He asked the officer whether the officer felt himself to blame for the car wreck and the boy's death, but the prosecution objected to the question and the officer didn't answer. Later, though, according to the Chicago Tribune, the officer seemed to "break down a little," when the defense attorney asked him about his duties as an officer: "To serve and protect the public," he answered.
Source: Steve Schmadeke, Chicago Tribune, Officer, passenger offer different version of events before fatal crash, February 17, 2011
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