These types of crashes refer to drivers who fall asleep behind the wheel or are so fatigued that they cannot make split-second decisions to avoid crashes. The exact numbers on drowsy driving are not easy to quantify, even though statistics from the National Highway Traffic Safety Administration indicate that more than 11,000 people have been killed in accidents involving fatigued drivers in the last 10 years.
]]> But what happens when sleepy drivers cause accidents? First and foremost, they can be held liable for the injuries (and property damage) caused by the crash. Under Illinois law, all drivers have a duty to use reasonable care to operate their vehicles in a safe manner.This duty also extends to drivers making certain that they are awake and alert enough to respond to hazards (as well as not to create them). In the same way that drivers should not drive while impaired by alcohol, they should not drive if they are so fatigued that their senses are compromised.
This duty also applies to drivers of semi-trucks and commercial buses. Federal law provides hours of service rules to prevent tired drivers from causing accidents. Essentially, commercial drivers may not drive more than eight hours each day and must take at least a 30 minute break during that time.
Nevertheless, drowsy driving accidents still occur. If you have been hurt in such an accident, an experienced personal injury attorney can help.
Source: AP.org, Drowsy driving remains an elusive highway dilemma, May 11, 2013
]]>The sad reality is that many of these parties will involve underage drinking. While this is a critical safety issue, distracted driving has become much more of a problem among teen drivers. This post will highlight some disturbing statistics and offer some tips for parents to keep their teens safe.
]]> According to the Centers for Disease Control and Prevention, drunk driving accidents claim the lives of nearly 2,700 teen drivers each year, with more than 282,000 being treated in emergency rooms for injuries. At the same time, more than 3,000 young people are killed in distracted driving accidents involving smartphones. More than 300,000 are injured in such crashes.With the propensity for younger drivers to take chances (i.e. drive recklessly), have passengers in the car, and be amenable to peer pressure, it is not surprising that the numbers chronicling distracted driving accidents have risen, even with national campaigns geared towards getting drivers to put down their phones while behind the wheel.
Moreover, a number of states have incorporated texting while driving bans, where drivers can be cited (and fined) for texting while behind the wheel. Unfortunately, the laws do not appear to have an effect since the numbers continue to rise.
As such, teen driver safety starts at home, with honest and comprehensive discussions between teens and parents about the dangers of texting and driving.
Source: Newsday.com, Study, Texting while driving now leading cause of death for teen drivers, May 8, 2013
]]>Unlike cars, an encounter with a truck would be fatal.
]]> Such was the case with a Near West Side woman who was killed after being hit by a tanker truck. According to a ChicagoTribune.com report, the accident occurred near Halsted and Randolph Streets. The truck had just exited the freeway and had turned onto Randolph Street, and began heading west. The woman was apparently struck by the truck's rear wheels.
An investigation is still pending, but the driver has been cited for failing to yield to a pedestrian.
Nevertheless, the case underscores the importance of truck drivers to use reasonable care when driving on Chicago streets. When a truck driver fails to use such care (either by speeding, making unsafe lane changes or failing to yield) and an accident occurs, the driver could be held liable for the ensuing injuries. A person hurt in a truck accident could seek compensation for pain and suffering, lost wages, rehabilitation costs and property damage.
Truck accident cases could prove to be very complicated based on the multiple parties involved. A skilled lawyer could examine the relationship between the driver, the owner of the vehicle, the trucking company (if any) and the different insurers involved. With so many parties (who often blame each other to escape liability) having an attorney is essential.
Source: ChicagoTribune.com, Woman hit, killed by truck in West Loop, April 22, 2013
]]>According to a Honda spokesman, this revelation means that a driver could possibly shift into drive while the parking brake is still engaged. Honda maintains that such an occurrence has not happened to any of its current vehicles on the road, but the mere chance of it happening merits a recall.
]]> Auto recalls are fairly common, especially when defects pose a potential to harm drivers (and passengers). Also, automakers have a continuing duty to ensure that their products are safe on the road. Since they have a certain expertise that normal consumers would not have, automakers must inform consumers of defects that must be corrected. If they fail to do so, they could be held liable for the injuries that occur as a result of an accident caused by the defect.A prominent example is the recent settlement of two wrongful death claims by Toyota after its Camry suddenly accelerated, causing it to crash into a wall in one instance, while another burst into flames after crashing. A recent lawsuit involving Ford vehicles was initiated alleging that it concealed similar problems.
The current recall covers 128,000 Honda CR-V vehicles and 59,000 Honda Odyssey mini-vans built in 2012 and 2013 as well as 17,500 Acura RDX's built in 2013.
Source: LA Times.com, Shifter problem behind Honda recall of CR-V, April 18, 2013
]]>According to a Chicago Tribune report, an old water main caused the sinkhole that first engulfed a parked car, then claimed a pickup truck where the driver did not have enough time to avoid falling into the hole. The driver fortunately was not seriously hurt.
]]> As firefighters were clearing the area, the hole expanded and another parked car fell in. A fourth car was successfully towed away before the hole expanded further. Eventually, the hole covered the width of the street.Authorities found that the hole was caused when a water main (which was created about 1915) broke, causing water to flow and push the soil under the pavement into the sewer line. Once the soil was compromised, the weight of the pavement (and the cars on top of it) pushed the soil down further which lead to the crater.
As surprising as it was to see a sinkhole in Chicago, the story brings about questions of liability. Essentially, would the city be responsible for the vehicles damaged in the holes? The answer depends on the nature of the city's duty to maintain proper infrastructure, and whether it was foreseeable that a sinkhole would develop if a water main failed. Assuming that the city was responsible for maintaining the main, and it knew (or should have known) that it would fail, the city could be held responsible for the ensuing damage.
Source: ChicagoTribune.com, 98 year-old water main cause of sinkhole that swallowed 3 cars, April 18, 2013
]]>This trust was broken early Friday morning. A school bus travelling through Wadsworth crashed into a Jeep Wrangler, and flipped onto its side, injuring more than 30 children who were on board. Bus drivers have a unique duty to use reasonable care in operating their vehicles.
Not only are in control of large, potentially dangerous vehicles, they carry the lives of their passengers in their hands. School bus accidents are uncommon, but when they occur, they often have catastrophic results. Bus passengers commonly suffer injuries because most are not equipped with seatbelts.
]]> An investigation into the accident is ongoing, as preliminary reports indicate that there are conflicting accounts as to how the accident occurred. Some witnesses reported that the bus driver was at fault, as he allegedly ran a stop sign that led to the accident. However, other witnesses believed that the driver of the Jeep (who was killed) contributed to the accident.The bus driver was cooperating with investigators and toxicology tests had not been performed to determine if alcohol played a part in the accident. These reports are critical because they can provide persuasive evidence to show whether a driver was at fault. Essentially, if a driver had a certain amount of alcohol in their blood (perhaps more than .08) it could that showing could support the basis of a negligence claim.
If you have questions about your rights after a bus accident, an experienced personal injury attorney can help.
Source: ABC News.com, 1 dead, kids O.K. in Northern Illinois bus crash, April 5, 2013
]]>As the storm continued east, it brought snow to Ohio, Pennsylvania, Virginia and New Jersey. Moderate snow was seen in Washington D.C. and nearly a foot fell in Pittsburgh.
As for Chicagoland traffic, numerous reports of fender-bender accidents were heard throughout the region. With many school districts on spring break, the volume of traffic was slightly down, but the number of accidents still posed a problem.
]]> While we are all expecting spring weather, it is an important time to remind drivers of the critical nature of driving for the conditions. When ice and snow threaten roads, slowing down and keeping additional distances between cars is prudent. Snow and ice can reduce a car's ability to stop (compared to normal conditions) as well as a driver's ability to maintain control of the car. Spinouts in inclement weather are very common.While these safety measures may seem obvious, a number of drivers may ignore them, despite having a legal duty to use reasonable care when road conditions deteriorate. Fortunately, people injured in accidents caused by people who fail to use such care can seek money damages to compensate for pain and suffering, medical expenses, lost wages and property damage.
If you have questions about your rights and options after a weather related car accident, an experienced personal injury attorney can help.
Source: Chicago Tribune.com, What spring? Snow snarls traffic, flights on U.S. East Coast, March 25, 2013
]]>Cook County prosecutors charged him with two counts of reckless homicide, and aggravated driving under the influence of alcohol. They also report that his blood alcohol level was .184, which is more than twice the state's legal limit (.08). Witness reports indicate that the officer's car was travelling at least 60 mph, although the speed limit is 45 mph on that stretch of road.
The officer has been placed on administrative leave pending a full investigation into the case.
]]> Criminal charges can have an influence on personal injury claims. With the fatalities stemming from the accident, it is likely that surviving family members would pursue a wrongful death claim against the officer. The criminal convictions can serve as the basis for such claims because evidence of driving under the influence suggests that the driver failed to use reasonable care to avoid the impairment that comes with drinking alcohol.It also suggests that alcohol impairment was directly linked to the accident that caused the other drivers' deaths. As such, an experienced personal injury attorney can use criminal convictions to prove negligence in a wrongful death claim.
If you have further questions about how a criminal conviction can help (or hurt) a personal injury claim, an experienced attorney can advise you.
Source: StlToday.com, Suburban Chicago officer charged in fatal crash, March 17, 2013
]]>Investigators also researched the same problem that consumers complained about regarding Pontiac G6 models. In February, it launched an inquiry into more than 500,000 G6's built between 2005 and 2009.
]]> The investigation is important in remedying potential hazards before catastrophic accidents occur. If a car's brake lights do not activate, drivers may not know that the car ahead of them is slowing down or stopping. Without such notice, they are more likely to collide with the car ahead.Manufacturers have a duty to put safe cars on the road, and to notify consumers if a defect causes a significant safety hazard. There is some history that GM has recalled vehicles with brake light problems in the past. In 2009, it found that a wiring defect caused brake lights to operate erratically and corrected the problem. Even though it was linked to Pontiacs, a service memo was sent to dealers on how to abate the defect on similar vehicles.
Nevertheless, the NHTSA may determine that additional models may benefit from being recalled. In the meantime, consumers who believe that their brake lights are malfunctioning can bring their vehicles to a GM dealership for repair.
Source: USA Today.com, Feds may add 1 million cars to GM recall, March 12, 2013
]]>While no criminal charges have been filed as of this post, a preliminary investigation found that the trucking company (based out of Oak Park, Michigan) had 17 traffic violations in the last two years before the accident. The number of violations prompted the Federal Motor Carrier Safety Administration (FMCSA) to remind state DOT's to keep track of repeat offenders, so that closer inspections could be conducted.
]]> The company had been cited for improper lane changes, failure (of a driver) to wear a seatbelt, and unfortunately...following too closely to another vehicle. Despite the litany of violations and warnings from federal regulators, state inspectors are not required to conduct closer inspections. Meanwhile, regulators gave the company a satisfactory rating even though it had a record of traffic violations.Preliminary reports did not indicate whether the truck was speeding or whether the driver was cited for following too closely in the accident, but given the increasing time pressures put on drivers, it would not be surprising if these violations contributed to the crash.
We find this story compelling given the number of tractor-trailers that pass through southern Illinois. Trucking companies (and drivers) have a legal duty to adhere to state traffic regulations regardless of where they are travelling from (or their destination).
Source: DetroitNews.com, Michigan firm in crash had 17 tickets since 2011, March 5, 2013
]]>On Christmas Day 2004, a pregnant mother checked into the University of Chicago Medical Center. Doctors there decided to deliver the baby by Cesarean section. The mother now claims in her medical malpractice lawsuit that two doctors were negligent in performing the surgery. She says her baby son suffered a facial laceration measuring 1.5 centimeters on his left temple. The wound required a number of stitches.
]]> The lawsuit names two doctors as defendants and claims that the medical center's staff failed to provide a reasonable degree of skill and care in the C-section surgery. The mother, who has filed the lawsuit on behalf of her young son, has requested a jury trial. If successful, she and her son could receive compensation for multiple damages, including the suffering her son has gone through since birth.In particular, birth injuries can lead to lifelong problems for the child and his or her parents. Conditions such as cerebral palsy, hypoxic ischemic encephalopathy and brain damage are not uncommon in these situations.
Other Illinois residents who have suffered the effects of a birth injury should be aware of their legal options under current medical malpractice laws.
Source: Injury Lawyer News, "Illinois Mother Files C-Section Mistakes Lawsuit," Elise Kramer, Feb. 18, 2013
]]>As conditions deteriorated, reports of cars sliding into ditches and accidents occurring increased. The sheriff's department in Franklin County reported that crashes occurred "everywhere", and Mount Vernon police warned that people should not travel unless absolutely necessary. Crashes were also reported on Interstate 64 and Illinois 13.
]]> While winter weather blasts are still expected during this time of year, it seems appropriate to revisit our post from last week, where we reminded our readers of several tips that would help motorists avoid accidents. We find it especially important because of the prevalence of sleet and snow, and how they can easily turn to ice as temperatures drop.We mentioned last week that drivers should really understand how to drive for the conditions. This is an important consideration given the legal duty drivers have to use reasonable care while behind the wheel. In essence, a reasonable person would slow down on icy roads in order to the reduce the likelihood of an accident. If a driver fails to do so, he or she could be viewed as being negligent, which could lead to civil liability.
A person injured by a negligent driver can seek compensation for medical expenses, pain and suffering as well as damage to their vehicle. For questions about pursuing compensation after an accident, contact an experienced personal injury attorney.
Source: The Southern.com, Winter mix=winter mess, February 22, 2013
]]>However, Groundhog Day passed with a shadow sighting, so spring is on its way. When weather gets better, many more drivers are expected to be on the road, including motorcyclists. As a rite of spring, drivers seemingly must learn how to drive all over again. With that, we offer a few helpful tips to help motorists stay safe.
]]> Drive for the conditions - Spring time comes with a wide range of weather, and it is common to find a few vestiges of winter in the form of icy conditions. Tornadoes are also prevalent in the spring. Suffice it to say, drivers should adjust their speed to correspond to the current conditions.Understand your car's braking systems - Knowing how your car will react in emergency situations is essential. You don't have to know the exact specifications of how short your car's stopping distance is, but knowing that you will be able to stop within a certain estimate is helpful. For example, at 35 miles per hour, the average car will travel another 32 feet even before applying the brakes.
Avoid technological distractions - The national campaign on ending distracted driving has reached millions of drivers, especially teenagers. As such, putting away cell phones before driving is the best way to avoid technological distractions, especially in light of new interactive advances.
If you have questions about civil liability in the event of an accident caused through these factors, an experienced personal injury attorney can help.
Source, Examiner.com, Tips for not being a distracted driver, February 9, 2013
]]>This question vexed the parents of a nine-year-old Chicago girl who had a St. Jude defibrillator implanted in her chest to keep her heart going. (She has a condition called Long QT Syndrome, where the heart is prone to stop beating). According to an NBC Chicago.com report, her parents recently discovered that her device was subject to a recall, but they only did so out of happenstance.
They did not receive an official notice from St. Jude. Instead, they only found out through an online newsletter that St. Jude products had been subject to a recall.
]]> They cross-referenced the information with the Food and Drug Administration's (FDA) website, and discovered that their daughter's device was on the list. However, they did not receive any letters or notification from the FDA before searching their site. When the parents asked questions about why they were not notified about the recall, St. Jude and the FDA started pointing fingers.The FDA indicated that the device maker must notify health care providers and patients, while St. Jude said that the health care provider is responsible for informing patients about product recalls. A cardiologist familiar with the recall disagreed, and believed that the parents should have been notified by both the manufacturer as well as the physician. He also suggested that the parents were justified in being upset about how they were notified.
Fortunately, the blame game did not result in a life being lost.
Source: NBC Chicago.com, Girl, 9, learns of second recall connected to defibrillator, February 4, 2013
]]>Just as you would not drink and drive, text and drive, drive while enraged or drive while drowsy, you should not operate a snowmobile while impaired by any of these conditions or behaviors either. In addition, it is even more dangerous to snowmobile in unfamiliar territory than it is to drive on potentially unsafe and unfamiliar rural roads. Before you head out on your ride, make sure you know where you are headed and how to get there.
]]> In addition, it is critical to keep your snowmobile maintained and in good condition. A breakdown on an icy stretch is a recipe for disaster. With this risk in mind, it is important to dress appropriately for riding. Not only is it critical to stay warm while riding around, it is important to be well-dressed in case of a breakdown that requires you to walk an untold number of miles for help.Finally, please educate yourself on safe and proper operation of your snowmobile. Consider taking a safety course, read snowmobile-related safety literature and understand the rules of the "road" that uniquely apply to snowmobiles. Snowmobiling can be one of winter's most enjoyable pastimes, but only when engaged in safely.
Source: International Snowmobile Manufacturers Association, "Snowmobiling Safety"
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