North Chicago & St. Louis Injury Updates

Illinois Truck Accidents Caused By A Range Of Factors

Published on: January 29, 2013 | by Seidman, Margulis & Fairman, LLP

Legal Articles | January 29, 2013

Truck accidents are more likely to result in serious bodily harm or death than other types of accidents because of the sheer weight of most trucks, especially tractor-trailers and trucks carrying cargo. Because trucks are heavy, they build momentum at high speeds, making it hard for them to stop quickly. When a truck driver encounters a sudden change in road conditions or just becomes distracted and fails to pay attention to the road, the consequences can be dire. Heavy vehicles require more time and distance to stop, so even if the driver sees an obstacle many yards ahead, there still may not be enough time to stop. A range of factors, including distracted and sleepy drivers and poor weather conditions, cause truck accidents.

Distracted, Sleeping Drivers a Likely Culprit in Many Truck Accidents

Holiday Highway Accidents Cause Injuries, Deaths

Published on: January 29, 2013 | by Seidman, Margulis & Fairman, LLP

Legal Articles | January 29, 2013

The holiday season can bring increased traffic, rushing motorists and sometimes rainy, slippery weather. But these conditions do not excuse drivers from following the rules of the road and exercising due caution.

Holiday car crashes can lead to serious injury and wrongful death. Since the beginning of 2012, Illinois has seen 867 fatal motor vehicle accidents, including 177 involving unlicensed drivers, according to the Illinois Department of Transportation. According to the Daily Beast, one of the most dangerous interstates in Illinois is I-94, which saw 85 fatal accidents between 2004 and 2008; that equates to 1.38 fatal accidents per mile.

Defective Tools Cause Injury, Death At Illinois Work Sites

Published on: January 29, 2013 | by Seidman, Margulis & Fairman, LLP

Legal Articles | January 29, 2013

Everywhere we live, work or play, we’re beholden to the construction workers who put in the long hours and elbow grease to lay a foundation and build a safe, strong building for us to use. Residents in Chicago, Illinois, know that this city was built on that kind of blue-collar work ethic.

Unfortunately, a construction site also can be one of the most dangerous places to work. That’s not surprising, given all the heavy equipment and power tools involved in the process. The danger of serious injury or death, however, is much greater when tools used in construction have design defects or fail while in use.

Changing The Health Care Industry From The Inside Out

Published on: January 29, 2013 | by Seidman, Margulis & Fairman, LLP

Legal Articles | January 29, 2013

A prominent surgeon and professor at Johns Hopkins School of Public Health has written a book that he is hoping will help change the broken health care system. Despite the public criticism of many of the practices involved in medicine today, he says many doctors have thanked him for helping to explain the realities that lead to a medical error rate that strikes one of every four people who are hospitalized. Not all doctors are pleased, however, and some likely believe he has violated an unwritten rule to keep the problems of the medical industry in house. The author, Marty Makary, believes that the silence is part of the problem.

In his book, Dr. Makary talks about doctors who are known to be substandard practitioners, but who are allowed to keep practicing because colleagues remain silent about the problem. He also discusses doctors whose medical knowledge is far behind current best practices. Another problem highlighted is the relationship between doctors, hospitals and the drug and medical device companies that pay them to push products and treatments that may not be in the best interests of the patient.

Severe Complications From Childbirth On The Rise

Published on: December 31, 2012 | by Seidman, Margulis & Fairman, LLP

Medical malpractice | December 31, 2012

Hospitals have expended significant effort over the years to reduce the number of infants who die during childbirth. A recent study concerning a spike in severe complications striking mothers has brought attention to the need to do more to make childbirth safer for mothers, as well. From 1999 to 2009, medical emergencies such as cardiac arrest, kidney failure and respiratory distress struck mothers 75 percent more frequently than in the preceding decade according to the U.S. Centers for Disease Control and Prevention. The spike may reflect a change in demographics for delivering mothers, but it is still important for hospitals to take steps to address this trend.

In 1970, the average age of a woman becoming a mother for the first time was 21. By 2008, that number had risen to slightly over 25. Older women are generally more likely to suffer health complications during and after childbirth than younger women. Another factor is the health of the woman before she becomes pregnant. More women who suffer from chronic health conditions such as diabetes and kidney disease are having children than in prior decades. The increased rate of obesity is also cited as a factor in the increase in maternal health complications at childbirth. Regardless of the cause, hospitals need to prepare to deal with severe complications that are growing increasingly common.

Black Boxes Are ‘Essential’ To Auto Safety, Says Top Safety Regulator

Published on: December 31, 2012 | by Seidman, Margulis & Fairman, LLP

Firm News | December 31, 2012

Earlier this month, the National Highway Traffic Safety Administration made a proposal that would require the installation of event data recorders in all new vehicles starting in September 2014. The head of the NHTSA has now said that black boxes are “essential to auto safety” and also indicated that the government will take steps to protect the privacy of motorists. At the same time, he indicated that he does not support the suggestion of some privacy advocates that motorists be given the option to turn off the event data recorders.

The first black boxes began appearing in vehicles in 1999. According to NHTSA data, approximately 96 percent of the cars and light-duty vehicles of 2013 already have event data recorder capability, with at least 91 percent already having the devices installed and functioning. The event data recorders are typically triggered by a crash or the deployment of the air bag. The devices then store the data detailing what the vehicle was doing in the second leading up to and including the collision. The NHTSA says the information is vital for understanding motor vehicle safety issues and for addressing the safety issues with auto manufacturers. The data recorded includes speed, brake and accelerator use, forces present at the moment of impact, air bag deployment information, and whether or not the seat belts were buckled.

Car Safety Systems And Car-To-Car Communication

Published on: November 30, 2012 | by Seidman, Margulis & Fairman, LLP

Firm News | November 30, 2012

Toyota has completed construction on a new facility designed specifically to test a new wave in automobile safety: cars that communicate with one another, and with the road. The systems being tested are intended to help reduce car accidents caused by driver error by giving drivers warnings about an impending collision or even by taking action to avoid an accident on their own. Among the scenarios being tested are warnings given about pedestrians in the roadway, red light warnings for a driver approaching too quickly, and warnings about cars approaching at intersections.

Such devices fall under the heading of pre-crash safety technology and may make their appearance in many vehicles sooner, rather than later. While Google works to perfect driverless vehicles, major automakers are working to save drivers from themselves. Toyota is testing systems that help drivers push the brakes harder in order to avoid accidents, cars that tell you when a vehicle is in your blind spot, and cars that will stop automatically, even when the driver hits the gas pedal instead of the brake by accident.

New Regulations For Bus And Truck Drivers

Published on: November 29, 2012 | by Seidman, Margulis & Fairman, LLP

Truck Accidents | November 29, 2012

A driver with a commercial driver’s license is required by the Department of Transportation to get a medical physical at least once every two years in order to maintain that license. The requirement is meant to reduce the likelihood of a bus or truck accident being caused by a driver who is not physically fit to operate a large vehicle. In the past, any medical provider from doctors to chiropractors was acceptable in providing the DOT physical. Starting in May 2014, the regulations regarding this physical will change.

The latest federal regulations require that commercial drivers get their biannual physicals from physicians who have been trained and certified by the DOT to perform them. According to a doctor at the Mayo Clinic Health System, this new requirement will help standardize the process and ensure that basic standards are in place to make the physical useful. In the past, it is possible that doctors who did not understand the purpose of the DOT physical would simply issue the necessary medical card, rather than familiarize themselves with the applicable medical standard.

The Medical Field Is At High Risk For Work-Related Injuries

Published on: October 29, 2012 | by Seidman, Margulis & Fairman, LLP

Work Accidents | October 29, 2012

Each year, the Bureau of Labor Statistics releases a report concerning occupational injuries and illnesses. The report calculated how many injuries and illnesses are suffered per every 100 full time workers in various fields. The top finishers make up the most dangerous places to work, in terms of the likelihood of being hurt or getting sick while doing the job. Three of the top four and four of the top six most dangerous professions involve the medical field. The job that suffered the highest rate of injury and illness per 100 full time workers was nursing and residential care in a state government run facility.

The report identifies how many people miss work due to injury or illness, as well as how many days they are away from work, restricted in their work, or transferred from their job. State government run nursing and residential care facility workers suffered 13.1 cases of injury or illness per 100 workers, with each instance averaging 7.4 days missed. The second riskiest job was local justice, public order and safety work, including work as a police officer or firefighter. These workers saw 10.3 cases of injury or illness per 100 and missed 5.6 days of work on average. Third and fourth place went to nursing and residential care in local government facilities and local government hospital work, respectively. Altogether, it shows that working in a medical facility operated by any level of government is a good way to suffer high rates of injury and illness.

A New Method For Reducing Accidents Caused By Young Drivers

Published on: October 29, 2012 | by Seidman, Margulis & Fairman, LLP

Firm News | October 29, 2012

Though the measure led to significant controversy and complaints, New Jersey passed a law requiring young drivers subject to the graduated licensing law to have little red decals placed on their license plates. According to researchers at the Children’s Hospital of Philadelphia, the first year of the program led to a significant reduction in car crashes suffered by teen drivers. The small red stickers made it easier to identify drivers who were still in the probationary period and helped police enforce the provisions of the graduated licensing program.

Graduated licensing programs are in place in the majority of U.S. States, including Illinois. One of the problems associated with such programs is that it is difficult for police to identify when they are being violated unless a different infraction draws their attention. Police cannot stop every vehicle after 10 p.m., Sunday through Thursday or after 11 p.m. on the weekends to check if the driver is older than 17. Nighttime driving restrictions, passenger limitations and cell phone prohibitions, which are all common elements of graduated licensing programs, are difficult to enforce when police cannot know the age of the driver without making a traffic stop.

Seidman, Margulis, & Fairman Blog

Distracted, Sleeping Drivers a Likely Culprit in Many Truck Accidents