Illinois requires motorists to carry minimum liability insurance. Drivers caught driving without this insurance will have their licenses suspended for three months. To get a suspended license back, a driver will have to pay a fine to reinstate the license, which can range from $500 to $1,000. Drivers caught driving without insurance while their license is suspended face an additional penalty and six-month suspension.
Car insurance protects drivers from having to cover the cost of an accident. Drivers who have been involved in an accident know how costly it can be. Without insurance, a driver may be liable for damage to the car as well as damage to other vehicles. If there are injuries, a driver's liability can be even greater. If any other drivers or passengers are injured, the driver who is at fault may be liable for those costs.
]]> Insurance can cover a driver's personal liability for the financial impact of an accident. If a driver causes an accident and is uninsured, the other driver can sue to get a judgment for injury or damage resulting from the accident. Such a judgment can impact many aspects of a driver's life; it may attach to any property the driver owns, wages may be garnished or the driver's license may be lost permanently.Fortunately, Illinois insurance law also requires uninsured motorist limits of $20,000 per person and $40,000 per car accident - meaning drivers who get in an accident with a person failing to carry insurance can still file a UM claim with their own insurance company.
An attorney can help protect the rights of individuals injured in an accident with an uninsured driver.
Source: CarInsurance.com, "Illinois Car Insurance"
]]>The bus was stopped and waiting to turn right onto Cottage Grove Avenue from 83rd Street when the collision occurred. According to the Illinois Secretary of State's publication on rules of the road, tailgating, or following too closely, is the leading cause of rear-end collisions. It can take some time for drivers to react to brake lights going on ahead of them. To allow enough space to stop, drivers traveling at 25 miles an hour - a typical speed on city streets - should stay back at least 111 feet from the vehicle in front of them. At 35 miles an hour, a driver should allow at least a 156-foot interval for greatest safety.
Illinois state law does not specify exact safe following distances, but requires a driver not to follow more closely than is reasonable and prudent. The driver must take into account the speed of the vehicles, road conditions and traffic.
]]> In the March 19 accident, fifteen passengers on the bus were hurt, and thirteen were taken to hospitals with a variety of injuries. At least five ambulances were called. Remarkably, the incident did not cause a traffic backup.The people injured in this accident may be able to file a claim to recover the costs of hospitalization, further medical treatment, lost wages and other damages. While it may be that the driver of the vehicle that hit the bus did not exercise proper caution by not keeping an adequate following distance, a thorough investigation will be needed to determine legal liability.
Every motor vehicle accident has its own unique set of circumstances. In this case, the bus company may bear some liability if, for example, it did not properly maintain the bus's brake lights, so that a following driver was not promptly alerted. The driver of the bus or the motorist that rear-ended the vehicle could each be separately liable dependent upon the circumstances.
Source: NBC Chicago, "More Than a Dozen Injured in CTA bus Crash," Mar. 19, 2012
]]>Is he now practicing in Illinois? Despite a national physician tracking database, no one knows for sure. Why? Because the Illinois Department of Financial and Professional Regulation (IDFPR) ─ the state's medical regulating agency ─ doesn't screen for problem doctors in the National Practitioner Data Bank. The databank ─ which tracks the movements of problem doctors from state to state ─ was created as an aid to state medical boards.
Today's databank includes about 215 Illinois-licensed doctors who have had their clinical privileges restricted or revoked in other states over the last 20 years. However, the IDFPR has failed to revoke a single license.
"It is rare for hospitals and managed care organizations to take any actions against doctors," said Dr. Sidney Wolfe of the consumer advocacy group Public Citizen, which has been pushing state medical boards to discipline substandard doctors. "And when they do, the actions are usually very serious, which makes it even more inexcusable that the state medical board, in the face of what are very serious actions, has not done anything at all."
]]> An IDFPR agency spokesperson cited the high expense ─ $4.75 per report ─ as one reason it doesn't often use the data bank. Data reliability has also been questioned. According to Annals.org, a formal system for validating clinical and behavioral performance doesn't exist. Instead, hospitals use an informal, ad hoc approach.After Public Citizen highlighted the issue nearly a year ago, the IDFPR conceded that it plans to use the databank to find out if the problem doctors listed are licensed in Illinois. If so, the agency plans to review records from the Federation of State Medical Boards to determine possible disciplinary action. However, the agency continues to drag its feet, indicating that protection for the doctors ─ rather than the public ─ is the priority.
Dr. Brian S. Zachariah, IDFPR's chief medical coordinator responded to Public Citizen last month to defend the agency's lack of action against the 215 identified problem doctors, citing burden-of-proof issues, among others.
Source: Chicago Tribune, "Illinois urged to investigate doctors with tainted records," Deborah L. Shelton, Feb. 11, 2012
The NHTSA is the U.S. government agency tasked with investigating automobile defects and regulating recalls. The fine announced earlier this month stems from a December 2010 analysis in which the NHTSA reviewed 16 BMW recalls from the same year for car and motorcycle defects that included:
Investigators found evidence during their analysis indicating the German automaker failed to report known safety defects within the mandatory five-day reporting window. In fact, BMW took, on average, more than 30 days to provide the required information to the NHTSA. These delays placed Illinois drivers and passengers in danger of potentially serious accidents, injuries or even death.
]]> For the delays in reporting the auto-safety defects and recalls of nearly 340,000 vehicles, BMW has been issued a $3 million U.S. civil penalty. According to BMW company spokesman David Buchko in a statement given to Bloomberg Businessweek, the company has also agreed to introduce changes to its internal recall process to ensure future safety concerns are reported sooner."It's critical to the safety of the driving public that defects and recalls are reported in short order," said NHTSA Administrator David Strickland in a February 10, 2012 press release. "NHTSA expects all manufacturers to address automotive safety issues quickly and in a forthright manner."
]]>The teenager was killed after the off-duty officer ran him over with his Dodge Charger as the boy was riding his bike. Authorities claimed the officer struck the teen with such force that his bike was further knocked under a nearby parked SUV.
Throughout the case, prosecutors argued the off-duty officer received preferential treatment from arresting officers - such as waiting two hours before taking a field sobriety test and not taking a breathalyzer test until four hours after the accident. However, a state expert testified that the officer would have been as much as twice the legal limit if he had been tested at the time of the crash.
]]> Drunk Driving Fatalities in IllinoisAlthough this horrific accident is a reminder that drunk driving fatalities are still too common in Illinois, the Illinois Department of Transportation (IDOT) recently released data indicating that alcohol-related fatalities have been actually dropping in recent years.
According to a release issued by IDOT, the number of motor vehicle fatalities involving at least one impaired driver - a driver with a blood-alcohol concentration of 0.08 or higher - has continually declined from 2006 through 2010. In 2006, there were 446 alcohol-related fatalities on Illinois roads, and in 2010, that number had dropped to 298 - representing a 33 percent decline. The largest fatality reduction occurred between 2007 and 2008, when alcohol-related driving accidents deaths dropped by 83 - a 19 percent reduction.
Being a family member of those killed by drunk drivers can be especially infuriating considering the entire accident could have been prevented had the intoxicated driver simply chosen not to get behind the wheel. These selfish drunk drivers need to be held accountable for their actions and for the injuries the cause.
]]>The two-car and train accident did not result in serious injury, but Chicago car accident attorneys remind all drivers that the changing Illinois winter weather can quickly lead to serious motor vehicle accidents if they are unaware of icy or rain-slicked road conditions. A rash of ice-related accidents just this week had salt trucks out on Chicago-area highways trying to improve the conditions and prevent further weather-related car accidents.
]]> Winter is Coming. Be Prepared for Icy Driving Conditions Throughout IllinoisThe Illinois Department of Transportation recommends that all drivers first make their vehicles 'winter ready' before heading out onto snow- or ice-covered roads. Vehicles that stall on the road create a hazard for other drivers as well as put their own drivers at a heightened risk of being involved in a car accident. A quick check of the condition of your wipers, tires, lights and fluid levels should be done periodically during the winter months.
While you're driving, first and foremost, buckle your seatbelt. It's not only the law in Illinois, but can greatly reduce your risk of serious injury if you are involved in a car crash. Allow additional time to get to your destination and slow down while you're driving in snowy or icy conditions. If the weather is bad, don't be afraid to turn back and wait for a storm to pass and road crews to clear the streets. Waiting a day to get to your destination may save your own life or that of your passengers.
Be aware of changing conditions on the road, even if the weather doesn't appear to be changing. Overpasses and bridges tend to be icier than the roads leading up to them, as well as portions of the road that are in the sun or the shade may be less or more icy. If you find yourself in a slide, do not panic. Ease off the gas or the brakes and steer into the skid until you regain control of your vehicle.
Safety on Illinois roads depends not only on how safe you are driving, but on how others around you are driving as well. One sliding vehicle can pose the threat of serious injury to several people, as it did in West Chicago earlier this week.
Source: The Beacon News, "Train, van crash closes roadway," 30 December 2011
]]>The final rule builds off the 2010 Federal Motor Carrier Safety Administration (FMCSA) texting ban by prohibiting interstate truck and bus drivers from using hand-held cell phones to make calls while behind the wheel, limiting the potential for Chicago semi tractor trailer accidents caused by distracted driving.
Commercial drivers who violate the new rule will face fines up to $2,750 per offense and risk being "disqualified from operating a commercial" vehicle for multiple violations of the rule. If a commercial driver is involved in two or more serious accidents, Illinois and other states have the option to revoke the driver's commercial driver's license (CDL). Trucking and bus companies that permit drivers to use hand-held cell phones may be fined $11,000.
]]> Distracted Drivers Create Safety Risks on Busy Chicago RoadwaysThe hand-held cell phone ban is aimed at improving the safety of America's roads by preventing devastating trucking accidents. According to FMCSA research, commercial drivers are three times more likely to be involved in an accident while reaching for objects like cell phones. Further, accidents are six times more likely to occur when a commercial driver is dialing a hand-held cell phone.
Noting the safety aspects of the new rule, Secretary LaHood stated, "I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel."
The National Highway Traffic Safety Administration (NHTSA) reports that accidents involving distracted drivers killed approximately 5474 people and injured nearly 500,000 more in 2009. The NHTSA estimates that fatalities resulting from distracted-driving accidents accounted for 16 percent of all traffic fatalities.
Source: U.S. Department of Transportation, "U.S. Transportation Secretary LaHood Announces Final Rule That Bans Hand-Held Cell Phone Use by Drivers of Buses and Large Trucks," 23 November 2011
]]>As large televisions become more popular, Chicago, Illinois product liability lawyers and consumer safety advocates through the country are seeing shocking increases in the number of children who are killed or injured by falling TVs.
In the last few weeks, two Chicago-area children have been killed after being crushed by television sets that tipped over. Between 2000 and 2010, falling TVs have killed 169 American children. Another 13,700 have been injured severely enough to require emergency room care.
]]> Manufacturers Could Have Prevented These InjuriesPerhaps the saddest thing about these accidents is the fact that they could have been prevented if television manufacturers and retailers had made TV safety straps available to consumers. Consumer advocates argue that selling televisions without safety straps makes them dangerous and defective products.
TV safety straps are a relatively easy and inexpensive way to prevent a television from falling over. Consumers simply affix one end of the strap to their television and then attach the other to a wall or another stable surface.
Unfortunately, most parents don't even know these straps are available. Manufacturers don't package safety straps with new televisions, even though doing so would likely only cost them a few extra cents. Compounding the problem, most retailers who sell televisions don't stock safety straps.
Although they are hard to find in stores, a variety of TV safety straps are available for purchase online.
In addition to using safety straps, there are some easy steps parents can take to protect their children from injury. Experts say the safest route is to wall-mount the television out of a child's reach. If that's not practical, parents should choose TV stands that are designed to be compatible with their television - often times, a new TV will also require new furniture.
Dangerous and defective products are all too common in our society. If you or your child has been injured by a consumer product, you may have legal recourse. Contact an experienced Illinois product liability attorney who can help you understand your rights.
Source: Chicago Tribune, "TV Tip-Overs: Advocates Call for the Use of Straps to Prevent Child Deaths and Injuries," 15 November 2011
]]>Information that is searchable in the physician database includes a doctor's area and scope of practice, what insurance the doctor accepts, any specialties or certifications the doctor maintains, his or her educational background and any professional activities. Possibly most important, the database also includes any complaints of medical malpractice and whether legal or disciplinary action is pending or has been taken against a specific individual.
]]> Brent Adams, Secretary of Financial and Professional Regulation commented that the information provided in the database should be considered a part of a patient's informed consent to treatment. Knowing the background of who is recommending treatment, along with the course of treatment and any medication(s) used, should be considered truly informed consent.The physician database came back to life thanks to the Patients' Right to Know Act. The former database of physician information was taken down in 2010, despite its providing valuable information to an average of 42,000 Illinois consumers weekly. The information available on the profiler website is self-reported by each physician, and unless noted otherwise, has not been verified or confirmed by the IDFPR.
The searchable database is available at www.idfpr.com, or DoctorInfo.illinois.gov.
Source: IDFPR, "Governor Quinn Helps Illinois Consumers Access
Important Information about their Doctors," 19 October 2011
The driver of the pickup was conscious when emergency workers arrived, but suffered serious injuries from the Chicagoland car crash. He was taken to the Level I Trauma Center at Advocate Lutheran General Hospital, but did not survive his injuries. He died September 1, one month after the tragic car crash, leaving behind his wife and two teenage daughters.
An investigation into the cause of the crash revealed that the driver had been using her cell phone just prior to causing the fatal Illinois car accident. She admitted to receiving text messages from friends and scrolling through her contacts while driving. Shortly thereafter, she clipped a semi-trailer and careened onto the shoulder of the highway where she struck the disabled pickup and its driver.
]]> The Dangers of Texting, Emailing or Calling While Driving Chicago RoadwaysA recent study by the Texas Transportation Institute reported that texting or emailing behind the wheel doubles a driver's reaction time. While this translates to only a three to four second increase in the time it takes a driver to react to debris in the road or other changing conditions, when traveling at highway speeds that is enough time to travel over 100 yards, or the length of a football field.
The United States Department of Transportation reports that distracted driving plays some role in 20 percent of all fatal car crashes. Cell phones are the most common source of driver distractions such as texting while driving, emailing, checking Facebook or other social media or simply making phone calls.
Justice For Those Injured or Killed By Distracted Drivers?
The driver that caused the fatal car crash on Highway 53 was originally cited for use of an electronic device while driving (texting while driving), improper lane use and driving on the shoulder of the highway. Those charges were dropped last week as prosecutors clear the way for more serious charges following the death of the car crash victim.
The driver denies that cell phone use played a role in the accident and blamed the crash on an overcorrection to avoid debris in the road. But, perhaps the cell phone distracted her just long enough to slow her reaction time and lead to the tragic crash?
Source: Chicago Tribune, "More serious charges in works for woman cited for texting while driving," 14 October 2011
]]>Barrington, Franklin Park, La Grange, Lake Forest and Villa Park saw the highest number of fatal train crossing accidents. According to the Northwestern study, a fatal pedestrian-railroad accident occurs once every 10 days, on average. Two occurred just over a week ago, in Naperville and Vernon Hills. Both involved Metra train collisions.
Preventing Illinois Railroad Crossing Accidents
Railroad crossings and the railroad tracks are dangerous for Chicago-area pedestrians, bicyclists and drivers. Illinois railroad crossing accident attorneys have seen individuals suffer serious injury, such as head or spinal cord injury, and family members forced to deal with the loss of a loved one after a railroad crossing accident.
]]> Over the last six years, 43 accidental deaths took place at railroad crossings. Sixteen deaths occurred at a train station. Another 81 people were killed on railroad tracks other than crossings or stations.The most dangerous railroad pathways for pedestrians are the Union Pacific West Line, the UP Northwest Line and the Milwaukee District North Line, according to the Northwestern study. Union Pacific and Metra installed signs, added pedestrian walkways and fencing to alert riders to multiple trains and direct people to safer routes to cross tracks. But, the layout of many existing rail stations poses a threat to train passengers as the station design requires people to walk across tracks to enter or exit the station.
Individuals killed at railroad crossings, stations or on the tracks tended to be adults rather than children. There were 120 additional railroad-pedestrian fatalities between 2004 and 2010 that were attributed to suicide.
Source: Chicago Tribune, "Suburban train crossings prove most deadly," 19 September 2011
]]>Taxi drivers are a known problem, yet a necessity, on Chicago streets. Chicago Transportation Commissioner Gabe Klein relates that a majority of Chicago taxi drivers pose a threat to public safety, speeding regularly and "[Setting] a pretty bad example for everybody else. They hit the gas at every green light and slam on the brakes at every red light a block later."
Too Many Examples of Dangerous Chicago Taxi Drivers
Accidents involving taxi cabs happen all too frequently in Chicago. Illinois taxi accident attorneys have seen unsafe cab driving cause injuries to the drivers themselves, their passengers, passengers of other vehicles and pedestrians.
]]> A man was recently killed by a taxi while walking on the sidewalks in Streeterville, near the intersection of Columbus Drive and Illinois Street. The cab driver, who had accumulated over 30 driving citations in the last 22 years, drove onto the sidewalk and slammed into the wall of the Embassy Suites, fatally injuring the pedestrian in the process.Another cab driver struck two children, ages 6 and 8, who were trying to cross the street on the Magnificent Mile. One of the children's femur was broken in the collision while the other was bruised across the abdomen. The cab driver received a traffic citation for hitting a pedestrian in the road.
George Lutfallah, publisher of the Chicago Dispatcher, believes that the sheer number of taxis and pedestrians on Chicago streets lead to the high numbers of vehicle-pedestrian accidents. While he asserts that there's no excuse for taxi driver negligence or recklessness, "the reality is that cabs flock to pedestrians and pedestrians flock to cabs. It's not surprising that there would be a higher incidence of accidents."
The study, commissioned by the Chicago Department of Transportation, named 12 high-crash corridors throughout metro Chicago. Five of those twelve are in Chicago's central business district, including parts of Michigan Avenue, Dearborn Street, Canal Street, Columbus/Fairbanks and Jackson.
Klein encourages individuals to be vigilant - if you see a dangerous taxi driver, call 311 to make a complaint about the driver. Once a driver receives three complaints, an investigation will be initiated.
Source: Chicago Tribune, "City study: Chicago pedestrians in crosswalks are in cross hairs," August 15, 2011
]]>This Blog page is dedicated to issues concerning our clients, their injuries and how the law may impact their ability to obtain the compensation they deserve. Check back at this Blog from time-to-time to read periodic updates, posts and comments from our attorneys. Learning more about your rights can help to make important decisions about your case.
Talk with an attorney at Woodruff Johnson & Palermo by calling us for a free initial consultation at 877-202-4221. Schedule an appointment and discuss your personal injury claim with our firm.
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