North Chicago & St. Louis Injury Updates

Boorish Behavior, Speeding Infractions and Fatal Car Accidents

Published on: April 4, 2012 | by Seidman, Margulis & Fairman, LLP

Firm News | April 4, 2012

When Indiana passed a law aimed at aggressive driving, it became the first state to do so since 2005. It joined 10 other states in attempting to reduce fatal car accidents by punishing aggressive drivers. The Governors Highway Safety Association recently released a report highlighting the dangers of speeding and aggressive driving. Roughly one out of every three deadly traffic accidents is caused by speeding. More than 10,000 people were killed in 2010 as a result of speeding. It is hoped that the report will help spur greater efforts to stop dangerous driving practices that have become commonplace.

Aggressive driving is easy to spot, but not necessarily easy to define. The Indiana law focuses on behaviors such as tailgating, unsafe stopping, failing to yield and speeding. If a driver commits three of the nine elements used to define aggressive driving during one driving session, that driver can be charged with aggressive driving.

The Search for Quality Health Care

Published on: March 5, 2012 | by Seidman, Margulis & Fairman, LLP

Medical malpractice | March 5, 2012

The United States leads the world in health care spending per person by a large margin. Despite the willingness to spend huge quantities of money, the likelihood of receiving substandard care or being the victim of medical malpractice is surprisingly high. We rank 50th in the world in total life expectancy and 47th in infant mortality. Many estimates place the number of preventable deaths suffered at the hands of medical providers at or above 100,000 per year. Most Americans have no idea how to go about finding a quality health care provider.

A new book by Dr. Otis Webb Brawley, the chief medical officer of the American Cancer Society discusses the situation and includes real world examples of people, with and without health insurance, receiving low quality health care. Some patients receive unnecessary and unproven treatments. Others receive treatments that have been proven ineffective or counter-productive. It highlights the inconsistent and sometimes dangerous nature of the care many receive in this country.

Federal Law Bans Renting Out Recalled Cars

Published on: March 1, 2012 | by Seidman, Margulis & Fairman, LLP

Car accidents | March 1, 2012

The largest car rental company in the United States is no longer opposing a new federal regulation impacting recalled vehicles and the rental industry. Enterprise Rent-A-Car had previously treated the new law concerning recalled dangerous vehicles as unnecessary and had allegedly lobbied against its passage. After a petition supporting the measure acquired more than 100,000 signatures in less than a week, the company may be changing its stance. The petition was launched by a woman who lost two daughters to a car accident involving an Enterprise rental car that was subject to a recall, but had not been brought in for repair.

The incident in questions involved a Chrysler PT Cruiser. The vehicle was the subject of a recall because it posed a fire hazard based on fluid leaks. This particular vehicle was rented to the young women despite the recall. It subsequently caught fire during operation and crashed into a semi truck. That crash led safety groups and legislators to take a long, hard look at car rental companies and their practices concerning recalled vehicles.

Rearview Camera Law to Reduce Fatal Car-Pedestrian Accidents

Published on: March 1, 2012 | by Seidman, Margulis & Fairman, LLP

Auto Accident | March 1, 2012

The National Highway Traffic Safety Administration is proposing a mandate to Congress, requiring automakers to equip all new passenger vehicles with rearview cameras by 2014. The cameras primary benefit would be to reduce the fatal car accidents involving vehicles backing over pedestrians, most often children. The mandate, first proposed in 2010, has been discussed by numerous safety groups as the best way to combat a common, and tragic, form of accident. This is one of the first measures proposed by the NHTSA designed to protect pedestrians from motor vehicles. If you have been involved in a pedestrian-related accident, contact our Chicago pedestrian accident lawyers today.

Nearly half of all backover fatalities involve children under the age of 5. Roughly two-thirds of those accidents involve a parent or close relative driving over the child. Few accidents are as horrifying and heart-wrenching as those involving the so-called “bye-bye syndrome” where children hurry out to wave goodbye to a parent and the parent does not see them. A non-profit group organized to improve safety for children in and around cars was a major proponent of the proposed legislations.

Older U.S. Workers Mean a Change in Workplace Injuries

Published on: February 17, 2012 | by Seidman, Margulis & Fairman, LLP

Work Accidents | February 17, 2012

The demographics of the American workforce are changing dramatically. Few employers are ready for what this will likely mean to the frequency and impact of work injuries on their bottom lines. As America ages, the number of workers over 55 years of age will rise along with it. This will likely mean fewer workplace injuries, but also a much slower recovery time for the injuries that do occur. A number of studies point to the impact of an older workforce and to the unprepared nature of our employers.

It is difficult to project the exact number of older workers who will be in the labor pool in the future. The Great Recession has taken a toll on many people’s finances. This will likely force a greater number of workers than previously expected to continue working beyond retirement age. With the tail end of the baby boomer generation reaching their 50s soon, the population as a whole will be older than ever. One-quarter of the workforce is projected to be made up of workers 55 years-old and older by 2018.

Are Further Changes to the Workers’ Compensation System Coming?

Published on: February 15, 2012 | by Seidman, Margulis & Fairman, LLP

Work Accidents | February 15, 2012

When it was revealed that Illinois had among the most expensive workers’ compensation systems, employers across the state clamored for change. Most of the changes suggested would restrict the rights of injured workers to obtain full compensation and see the doctor of their choosing. The reform enacted by the State of Illinois did little to protect workers, but it seems it may not have gone far enough for some. After the CEO of Caterpillar Inc. criticized the business climate in Illinois, the fate of the victims of work injuries may once again be placed in jeopardy.

Missouri is currently considering massive changes to its workers’ compensation system. The changes would force certain types of workplace injury claims out of the workers’ comp system and into local courts. They would also cap the amount of money that could be obtained by workers in certain cases. The rights of injured workers in Illinois might be affected by laws in Indiana, Missouri and other states which make it easier for businesses to avoid covering their employees when accidents happen.

Painkiller Addiction Plagues Injured Employees

Published on: February 9, 2012 | by Seidman, Margulis & Fairman, LLP

Work Accidents | February 9, 2012

After an on the job injury, many workers are given powerful drugs to manage their pain. Addiction to the opiate drugs they have been prescribed is a growing problem facing victims of work injuries. An addiction to painkillers can make it difficult or even impossible to return to work in a normal capacity. At least one worker’s compensation insurance holding company is looking to address the problem and make sure that workers are not pushed from one difficult health situation to another.

The numbers are staggering. Some estimates suggest that up to 85 percent of people receiving worker’s compensation benefits are given narcotics to manage their pain. There is no industry oversight to analyze the impact these drugs are having on workers across the nation. The abuse of pain killers comes as no surprise to many workers. They see it on a daily basis to the point that some believe pain killers are a necessary part of doing the job long-term. Part of the program to combat this problem includes peer-to-peer intervention, giving fellow employees a chance to help a worker they know is struggling with addiction.

Who Decides When a Road Is Unsafe to Drive?

Published on: February 4, 2012 | by Seidman, Margulis & Fairman, LLP

Car accidents | February 4, 2012

The recent tragedy in Florida in which 11 people lost their lives has called attention to a problem faced in many states. When is the potential for a serious car accident so great that a road should be shut down? Florida officials briefly shut down Interstate 75 because a brush fire and foggy conditions had lowered visibility to unsafe levels. Shortly after deciding to reopen that stretch of highway, the dangerous conditions caused a massive wreck involving semi trucks, a motor home and multiple cars. The accident has left people wondering who has the responsibility to close roads and what criteria do they use to make their decisions?

The standards used by Florida officials are not the same as those used in Illinois, Wisconsin, Arizona or other states. The reason for that is simple-there is no set guideline recommended by any federal agency for when to close a road. The absence of such a policy is surprising. Florida officials used the reports of Highway Patrol officers on the scene to decide to reopen the highway. Many states rely entirely on the judgment of individual officers on site to decide when to close or reopen a road.

Children Injured in Car Accidents While Carpooling

Published on: February 3, 2012 | by Seidman, Margulis & Fairman, LLP

Auto Accident | February 3, 2012

Safety measures that parents insist upon for their own children may be ignored when carpooling responsibilities place multiple children in the vehicle. Research has shown that parents are more likely to expose children to injury in a car accident if they are carpooling. Properly securing more than one child in a vehicle can be time-consuming, or even impossible, depending on the vehicle. If you are driving other children, or if you are letting your children ride with another parent, it is important to make sure that all precautions are taken to protect those children from harm.

Infants and toddlers suffer a much higher rate of fatal injury in car accidents when they are not properly placed in child safety seats. Older children who are too big for car seats but too small for regular seat belts need booster seats to prevent them from sliding under the seat belt or suffering head or neck injuries from the belt itself. Most states have laws requiring such booster seats, but they are still underused in most places. All children less than 4 feet 9 inches tall need a booster seat to ride safely in a car. All children under the age of 13 should be placed in the back seat.

Workplace Injuries Cost the Nation Billions of Dollars

Published on: January 25, 2012 | by Seidman, Margulis & Fairman, LLP

Work Accidents | January 25, 2012

Everyone who has suffered an injury on the job understands the impact it can have on your life. The cumulative impact of all work accidents is harder to grasp. A new study from the University of California, Davis, suggests that workplace injuries and illnesses cost the United States roughly $250 billion per year. That staggering figure is more than all forms of cancer, more than diabetes and more than strokes cost the nation. Workplace injuries affect individuals and families, but they also impact the financial health of the United States as a whole.

The study focused on data from 2007. In that year, more than 8.5 million work injuries were suffered, as well as an additional 516,100 work-related illnesses. An estimated 59,000 people died from injuries and illnesses related to their jobs that year. While the study used the decline in productivity to generate a cost estimate, it should not be forgotten that each injury and illness strikes an individual and can turn a worker’s life upside-down in an instant. The numbers do make it clear that there is an urgent need to do more to ensure the health and safety of all American workers.

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