The "chameleon" company has the same buses, drivers and personnel, but a different name. The identity-change lets the company escape remedial measures the government attempted to impose upon it. While the media has exposed the bus industry's chameleon phenomenon, the same practice has also been happening in the trucking industry.
]]> The Federal Motor Carrier Safety Administration (FMCSA) recently created a new rule aimed at preventing reincarnated trucking companies from circumventing regulation. When one trucking entity shut downs and reappears under a new name, the federal agency will consider merging the predecessor's safety records with the present company's - particularly when the entity has a history of noncompliance.The new rule is important because a single semi truck can seriously injure or kill dozens of people in an accident, especially when the trucker is hauling hazardous or flammable cargo such as gasoline. When trucking companies and drivers adhere to federal regulations, tractor-trailers are a relatively safe and inexpensive way to fuel American commerce.
If you or a loved one has been seriously harmed in a truck accident, contact a skilled Chicago truck crash lawyer to begin building your truck accident claim.
Source: truckinginfo.com, "FMCSA Cracks Down On Reincarnated Carriers," April 30, 2012
]]>It being mid-May, Chicago is now fully in "construction season" so please take special care at the following dangerous intersections:
]]>The accident totals above involve bicycle and pedestrian accidents, so it's especially important to proceed through the intersections carefully. If you've been injured by a negligent motorist, contact a skilled Chicago car crash lawyer to discuss your options for securing money damages.
Source: Chicago Sun-Times, "The Chicago area's 20 most dangerous intersections," Tina Sfondeles, April 30, 2012
]]>The intersection of Stony Island Avenue and 79th Street earns the dubious distinction as Chicago's most dangerous intersection by hosting more auto crashes (63) than any other intersection in 2010. The Stony Island crossing involves confusing features such as overhead Chicago Skyway ramps and railroad viaduct. Each day, 70,000 vehicles proceed through the crossing.
]]> The Stony Island and 79th Street intersection has been IDOT officials' "to do" list for many years, but tight budgets have prevented an already-made safety-enhancement plan from being implemented. There are other intersections rivaling the dangers of Stony Island crossing.A few of the Chicago area's most dangerous intersections and their 2010 crash totals are:
Please take special care at these intersections, as they host a variety of factors that make them particularly crash-inducing for motorists, bicyclist and pedestrians. If you've been injured in an intersection accident, contact an experienced Chicago intersection collision lawyer to discuss your legal rights to compensation.
Source: Chicago Sun-Times, "The Chicago area's 20 most dangerous intersections," Tina Sfondeles, April 30, 2012
]]>Researchers determined that a turn signal is only used 48 percent of the time when a vehicle changes lanes. The signal neglect occurs when a vehicle is turning, too; a turn signal accompanies a right or left turn only 25 percent of the time, according to the study.
]]> The study's author doesn't know exactly why this traffic law is so largely disregarded, although he speculated that poor driver education and outright laziness were two of the biggest culprits. It's also clear that police officers typically ignore turn-signal offenders, instead opting to pull over speeders.If you still aren't a big believer in turn signals, then consider your potential liability. When a driver causes a car accident by failing to signal a lane change or turn, the offender may be held liable to injured persons through a personal injury lawsuit.
If you or a loved one has been seriously harmed because another motorist failed to use a "blinker", contact an experienced Chicago personal injury lawyer to discuss your legal options.
Source: cars.com, "Use Your Turn Signals, People!" Jennifer Geiger, May 3, 2012
]]>The victim's family watched as the criminal justice case unfolded and the drunk driver was sentenced to nine years in prison. While the punishment gave some satisfaction to members of the grieving family, it didn't compensate them for the loss of their loved one. Surviving family members then filed a civil lawsuit against the man responsible for the girl's death and they were recently awarded more than $6 million in money damages.
]]> This may seem like an eye-popping figure to some, but the family will likely never recover much of the judgment; the drunk driver was uninsured and has no assets to speak of. A percentage of his income will likely be garnished for the rest of his life but will never near the $6 million he owes his victim's family.In reality, two parents have suffered the wrongful death of their child and no damages award will ever truly compensate them for the loss; however, the successful wrongful death lawsuit helps the family achieve some closure while holding the drunk driver accountable. He has devastated a family and killed a teen with a promising future.
If you or a loved one has been seriously injured or killed by a negligent driver, you may have the right to bring a civil lawsuit regardless of what - if any - criminal charges were filed. Contact a reputable Chicago car accident lawyer to discuss your legal options.
Source: insurancejournal.com, "$6M awarded in fatal Illinois crash," April 24, 2012
]]>As many parents with young children can attest to, installing a car seat can be much more difficult than advertised on the box. When struggling to install a car seat, many parents feel it is their fault or perhaps the design of the product that is to blame, but according to the study, often it is the design of the car that is the issue.
]]> Current car designs use a latch system, which uses a combination of metal anchors imbedded in vehicles' seats and clips that come from the restraint device that attach to one another. According to the findings of the study, many times the anchors were too deeply imbed in the seat to be accessed easily.Other problems include seatbelt buckles and upholstery obstructing proper latching or the amount of physical effort required to latch. That effort could be in excessive of 40 pounds of force to complete a secure latching.
Over the past several years, safety improvements to cars have been abundant, but minor changes to this latch system have eluded the industry. The safety of many children is at risk due to improper latching of safety restraints. Any parent who has been in a car accident with their child knows the importance of such devices. The auto industry needs to do more to improve upon the problems compromising child safety.
More thought in the design and production of their vehicles in regard child safety needs to take place. If companies simply design better anchors, prevention of countless injuries to children will take place.
Industry oversight is extremely important for all passengers, but has particularly severe implications for infants. When an infant is injured in a motor vehicle accident, an experienced Chicago personal injury lawyer can help family members handle the insurance companies and leverage the use of a lawsuit to secure total compensation.
Source: Chicago Tribune, "Insurance group says car design hinders use of child safety seats," Jerry Hirsch, April 11, 2012
]]>The bicycle manufacturer, Cervelo, outsourced the production of its Wolf SL fork component of the Cervelo Soloist bike to another company. Cervelo was responsible for the design and testing of the fork on the Soloist, but not the actual manufacturing. Unbeknownst to the victim, the Wolf SL fork was the subject of a recall due to safety issues relating to cracking and breaking of the product during use. Cervelo has stated that it sold 5,800 bikes using the recalled fork design.
]]> Cervelo contends that the product passes U.S. and international standards for such devices, and that it was unable to identify the defect during standard testing. The issues with the fork design only became evident after the product hit the market and began to cause injuries and wrongful death.It is critical that manufacturers perform testing to ensure that safety problems related to their products do not cause harm to consumers. When it comes to hazardous defects, bicycles are no different from other vehicle. A bicycle that contains a defect compromises the safety of the rider and others nearby.
It's difficult for consumers to be aware of problems or recalls associated with their bikes, but manufacturers, distributors and retailers may be held strictly liable for any resulting harm. If someone suffers serious harm from a recalled bicycle, they may bring a personal injury lawsuit against a combination of responsible parties.
Source: Taunton Daily Gazette, "Cops: Bike defect likely caused fatal Rehoboth crash," Marc Larocque, April 12, 2012
]]>The prospective laws are incredibly important because current laws prevent people who have been harmed by undisclosed side effects of generic medications from holding the manufacturer liable. This legal immunity is nonsensical, because victims of undisclosed side effects of brand name drugs have the right to recover damages from the drug firm. When you consider that generic drugs account for 80 percent of all prescriptions filled in the U.S., it's apparent that something must be done to restore rights to injured consumers.
]]> Congressman Bruce Braley (D-Iowa) recently introduced the bill to the House of Representatives, where it will face heavy opposition in the Republican-controlled House.Many view the legislation as a nonpartisan effort to cure a senseless and unintended legal inequality that developed from a statute created in the 1980s. Supporters say it doesn't matter whether you vote red or blue, chances are your prescriptions are filled with generic pills. Consumers generally don't have a choice between choosing name-brand and generic meds, either, as most drug plans won't cover the cost of more expensive, name-brand versions.
If you suffer a potentially-fatal side effect from your generic prescription because the manufacturer failed to warn you about it, wouldn't you like the opportunity for you or your family to recover financial compensation for the harm caused? If so, let your Congressperson know that you want victims of generic drugs to experience the same rights as those harmed by name-brand prescriptions.
Please note that the current laws governing generic drug liability don't bar all victims of generic drugs from recovering damages. The laws adversely affect injured consumers in many situations - but not all. Please consult an experienced Chicago personal injury lawyer to discuss whether current drug laws impact your claim.
Source: The New York Times, "Bills Seek to Change Rule on Generic Drug Labels," Katie Thomas, April 18, 2012
]]>Distracted driving happens when a driver is engaged in some activity that diverts attention away from focus on the road. Common activities that distract include talking, reading maps, personal grooming like brushing hair and applying makeup, and, significantly, texting and talking on cell phones.
]]> Illinois has tackled the distracted driving problem by enacting laws that bar all drivers from texting while driving and that prohibit novice drivers and bus drivers from using cell phones while driving. The state also forbids anyone to use a cell phone in a highway construction zone or a school zone.The National Highway Traffic Safety Administration reports that 5,474 people died in 2009 in auto accidents where a driver was distracted and another 448,000 were injured. That same year, one in five reports of accidents involving injuries referred to distracted driving as a factor. Alarmingly, teenage drivers had a higher likelihood of being in fatal accidents involving distracted driving: 16 percent of teenage drivers in fatal accidents were distracted.
Statistics demonstrate that laws are an important force that can prevent tragedy if drivers comply with them. In one state, annual traffic fatalities dropped by 22 percent two years after tough laws went into effect to ban texting and hand-held cell phone use by all drivers.
In some states where no laws limiting any kind of cell phone use have been enacted, law enforcement officers are nevertheless observing the awareness month. Some are keeping a closer eye out for drivers exhibiting signs of distraction and issuing citations. The transportation department in one of these states is conducting an ad campaign aimed at increasing awareness of the dangers of driving distracted.
The message from the United States DOT is "one text or call could wreck it all." Those are words worth remembering this month and every month.
Source: Distraction.gov, "What is distracted driving?"
]]>The study is the first one of its kind conducted. Researchers are excited to see the statistics and use them to improve conditions for transportation workers.
]]> According to the survey, 1 in 10 of transportation workers suffers from sleep deprivation at dangerous levels. Sixty percent of train operators, 50 percent of pilots and 44 percent of truck drivers report that a good night's sleep is something they rarely or never achieve on work nights. The numbers are more favorable among cab drivers and limousine operators, who work more sleep-friendly shifts.Workers in the trucking, aviation and railway industries work difficult and unconventional hours. Although the workers often enjoy naps in between irregular shifts, sleep researchers say more information is needed to understand how napping can help with overcoming sleep deprivation.
The main problem is safety. One concern revealed by the study is that 20 percent of pilots reported committing a "serious error" when flying. A sleep expert reports that after twenty-four hours of being awake the brain cannot perform as well and performance levels can drop to levels that would be expected of a person with above-legal blood alcohol levels. Sleep deprivation is also linked to hypertension and heart disease.
New guidelines released by federal officials require pilots to take 10 hours off in between shifts. This is two hours more than previous guidelines required. New "hours of service" rules for tractor-trailer drivers cut the workweek from 82 hours to 70 hours. Truck Drivers are also guaranteed two days off for every five days working through the new 34-hour "restart period."
Sleep experts recommend employers create more accommodating work schedules for their employees. They advise crafting schedules which promote sleep and decrease irregular hours.
Source: US News Health, "Many pilots, truck drivers sleep-deprived, survey finds," March 3, 2012
]]>The new technologies would help achieve the NTSB's goal of eliminating accidents caused by distracted driving - primarily phone and text conversations. NTSB proposals would also ban drivers from using hands-free devices like Bluetooth phones.
]]> The technology would include a built-in exception for emergencies. For example, drivers could place calls to 911 or a close family member. The exact definition of "emergency" would be determined by state and local officials. GPS and other driving assistance devices would also be permitted.The NTSB did not specify how the technology should be developed. Some researchers and companies are already developing technology to track and prevent use of electronic devices by drivers. But developers will need to find creative ways to make it work exclusively on drivers - not passengers - and only when the car is in motion. Many oppose the NTSB's stance on hands-free calling and are developing technology to facilitate such calls.
The NTSB proposals follow a wave of data showing a growing number of distracted driving accidents. In 2010, over 3,000 people died in such auto accidents. But texting while driving actually increased around 50 percent in 2011. In the U.S., 34 states currently ban the practice, including Illinois, and nine states ban use of handheld phones while operating a motor vehicle. Hands-free calls are legal in all states.
Implementation of the new technology may involve encouraging companies to issue protective devices to driver employees, offering insurance discounts to drivers who use the technology, or requiring automakers to include it in new cars.
Source: NPR.org, "NTSB recommends cell phone ban for drivers," Tovia Smith, Dec. 14, 2011
]]>Investigations into the matter are ongoing. Experts differ on the appropriate severity of punishment, but NFL Commissioner Roger Goodell has indefinitely suspended defensive coordinator Greg Williams and imposed a one-year suspension on Saints Head Coach Sean Payton, amongst other suspensions and penalties. The commissioner has been a stalwart supporter for player safety since taking over the league in 2006; however, Goodell's penalties may not be solely for player safety, but legal protection, as well.
]]> The league could be vulnerable to more legal action from players targeted by the bounties. Lawsuits already exist where retired NFL players claim their health problems, such as concussions and brain injuries, were worsened by the league's disregard for player safety.Among those knocked out of football from head injuries, several are Chicago Bears. Notably, a player who played on the 1985 Super Bowl championship team suffered 10 concussions in his 11-year playing career and ended up taking his own life due in part to a brain injury. The Bear's player was discovered to suffer from chronic traumatic encephalopathy, which is caused by repeated blows to the head and leads to impulse control, short term memory problems and headaches.
The Saints' bounty program also brings to light the notion that if one team is paying its players to harm opponents, others may be doing the same. Not only could the issue be widespread at the professional level, but it could afflict the collegiate or even high school level as well.
Reuters reports the bounty system could lead to more legal action, though one legal expert says it's not likely. The U.S. legal system traditionally allows professional sports leagues to manage themselves. There is one exception: In 1973, one pro footballer successfully sued in civil court another over a hit away from the ball. The ruling stated that a football player can be held culpable for injuring an opponent if he recklessly disregards the notion of safety.
Anyone who has friends or loved ones who play football, even in the high school and college level, may be affected by this legal action. It's possible that an injured player may have a claim against a team which knowingly used a bounty system to cause injuries above the expected contact for an already hazardous contact sport.
Source: NPR.org, "Alleged Saints bounty program could lead to legal troubles for NFL," Korva Coleman, March 6, 2012
]]>However, when alcohol is involved, the injured party may be able to recover damages from not only the driver of the vehicle, but from the individual who served the driver and the establishment where the alcohol was served. This area of the law is often called dram shop liability.
]]> Dram shop laws vary from state to state. Currently, in 21 states and the District of Columbia, the bar can be held liable; 14 states do not allow any liability to be placed on the bar; and 15 states place a limited amount of liability on the bar and the individual servers. If legal requirements are met, the Illinois Dram Shop Act allows drunk driver victims to recover damages from the serving establishment.Proponents of the laws feel they are necessary because bar owners are more likely to train their staff to identify individuals who are intoxicated and stop serving them. Groups like Mothers Against Drunk Driving (MADD) believe these laws are an important tool because they may cause bar owners to implement responsible serving guidelines. Opponents, however, argue that dram shop laws hold businesses liable for the personal choices of their patrons.
Another important note is that there are defenses available to bar owners when they are named in a lawsuit, and often times the amount of any recovery is capped. But dram shop laws may be one more tool in the battle to curb the number of deaths caused by drunk drivers, and certainly help drunk driver victims obtain full financial compensation for the harm they've suffered.
Source: Tennessean.com, "DUI deaths spur questions about bars' liability," Feb. 25, 2012
]]>Even though the elderly are an age group that is most likely to be involved in a deadly accident, they are also some of the safest drivers. In 2010, drivers age 24 to 64 were involved in the most auto accidents: 3,125. Drivers age 16 to 24 were involved in 1,511 accidents and drivers over 65 had the fewest accidents at 950.
]]> Elderly drivers' accidents are more likely to prove fatal, however, mainly because of the physical characteristics of being older. An accident that may only cause minor injuries to a 30-year old could put an 80-year old in the hospital because older drivers tend to have more fragile bodies and medical conditions that could complicate recovery from an accident.Many Chicago driving schools offer safety courses for those 65 and over. These courses work with seniors to get them more comfortable with changing traffic laws and norms. In addition to techniques for navigating icy Illinois roads and dealing with other poor driving conditions, one of the most important things that taught in these classes is simply learning to be more comfortable behind the wheel and more aware of the way other people on the road drive.
Seniors shouldn't have to feel overwhelmed when driving, and many find taking a senior driver safety course to be an enjoyable experience as well as an educational one.
Source: thetimesherald.com, "Study shows elderly have high crash, fatality rates," Holly Setter, March 1, 2012
]]>The research has illustrated that there may be a bias by doctors in treating poor patients because of the perceived risk of litigation. Some doctors rationalize a decision for non-treatment of low-income patients because those patients may have trouble making payment for medical services. Many physicians also believe that impoverished patients are more likely to pursue legal action against the doctor or treating facility.
]]> The stereotypical view of a person of lesser financial stature is that they are more likely to sue, but the research shows that these people have less access to the legal resources necessary to seek any type of legal action. The fact that they lack monetary funds actually means they are less likely to initiate a medical malpractice claim or other legal proceeding against a doctor.The bias that can exist in treating or not treating low-income patients can have serious implications for the medical well-being of the patient. Health care that is below the standard of care that any other patient would receive can obviously harm the patient's outlook and quality of life. Researchers involved with the study state that greater awareness and education on this issue would improve both patient care and doctor satisfaction.
People without financial wealth may still be able to bring successful medical malpractice lawsuits. Most personal injury attorneys work on a contingency-fee basis where the victim does not pay unless the lawyer helps them win their case.
Source: MSN Health, "Poor patients less likely to sue doctors, analysis shows," Mary Elizabeth Dallas, Feb. 28, 2012
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