Illinois Injury Law Blog

Student athletes attending Chicago public or private schools will now have to produce written medical clearance before being allowed back on to the play or practice fields after demonstrating signs of a concussion, the Chicago Sun Times reports.

To enforce the ordinance, Chicago City Council members also agreed to use school exemptions from water and sewer fees as leverage against the non-compliant.

The anti-concussion ordinance spans elementary through high school aged students and includes practices as well as games. Our Illinois injury lawyers note that women’s hockey and soccer ranked first and second for sports posing the greatest risk of concussion. Football is third. With that said, the Centers for Disease Control report that slip-and-fall accidents and car accidents are the two most common causes for a Traumatic Brain Injury. Falls are responsible for more than a third of all traumatic brain injury accidents; car accidents another 17.3 percent.

That's right: A concussion falls into the same injury category as the brain injury suffered by Arizona Congresswoman Gabrielle Giffords, who was shot in the head. Assault accounts for about 10 percent of all brain injuries.

A TBI can range in degree from mild to severe and is caused by a knock to the head sufficient in strength to disrupt “normal” brain function. A concussion is a TBI. So is a gunshot wound to the head. In short: a TBI can cause a headache, or it can be fatal. In every instance, a person sustaining a blow to the head should be examined immediately by a medical professional.

The CDC reports that 1.7 million Americans sustain a traumatic brain injury each year at a cost of $60 billion in medical care and time away from work. Of them, 52,000 die and another 275,000 require hospitalization. Concussions, or mild TBI, are responsible for about 75 percent of all TBI accidents. And more than a third of all injury-related fatal accidents are caused by a traumatic brain injury. Traumatic brain injuries are more commonly seen in men and young boys – infant to age 4 – have the highest rate of TBI-related emergency room visits, hospitalizations and fatalities.

Regarding concussion-type TBI specifically, the CDC provides the following details. A concussion can impact the injured person’s ability to think clearly and may affect sleep patterns and mood. In some patients recovery is quick; with others, symptoms can last weeks, even months.

~ PHYSICAL signs include: headache, blurred vision, nausea, sensitivity to noise and light, equilibrium dysfunction and exhaustion.

~ COGNITIVE signs include: inability to think clearly, concentrate, retain grasp of short-term information and confusion.
~ EMOTIONAL signs include: irritability, increased emotionalism, anxiety and sadness.

To recuperate, the CDC first and foremost recommends rest. Rest, patience (give yourself time to heal), and avoid alcohol and other drugs that may inhibit your recovery. Do not operate heavy equipment (at home or work) or drive a car until cleared to do so by a physician.

Continue reading " Concussions more than just a headache for injury victims in Chicago " »

As our Chicago injury attorneys have noted in a prior posting to our Chicago Car Accident Lawyer blog, last summer Illinois was on a list of 10 states federally mandated to improve railroad crossing safety due to high numbers of fatal car accidents involving Illinois drivers and pedestrians.

Given that Illinois has the second largest rail system in the country and one of the more highly-trafficked road systems, that there are accidents between trains, vehicles and pedestrians is of little surprise to any of us.

With that said, after a four-year drop in fatal Illinois train-vehicle crashes, 2010 Illinois traffic crash statistics report a spike in both train-vehicle and train-pedestrian fatalities, reinforcing the need for more railroad safety protocols.

Last year, the Chicago Tribune reports, there were 17 train-vehicle fatalities reported between January and November and 10 incidents where pedestrians were fatally struck by trains. To address this increase, Operation Lifesaver and the Illinois Commerce Commission are introducing a series of English and Spanish-language public service announcements to remind Illinois motorists to never try to beat a train.

The ICC notes that Illinois has more than 7,200 miles of track that includes 10,883 public highway-rail crossings. The Illinois Department of Transportation reports that there are more than 10 million registered vehicles and more than 8.7 million licensed Illinois drivers who traveled more than 105 billion miles in 2009.

For Illinois drivers and State DOT authorities, the safety battle is as much about sharing road space as it is about constantly reminding drivers and pedestrians to be hyper-vigilant when approaching rail-and-road-system intersections.

Illinois train-vehicle crashes represent 1 percent of all fatal crashes reported in 2009, and claimed 11 lives and left another 128 people injured. Three fatalities – or 25 percent of fatal Illinois train-vehicle crashes – occurred at urban locations where a railroad gate was in place. The remaining 75 percent – or eight fatalities – happened at crossings on rural county and local roads where alternative railroad crossing indicators were identified.

Operation Lifesaver lists Illinois as fourth in the country for highway-rail grade crossing collisions, behind Georgia (3rd), California (2nd) and Texas (1st). The organization notes that a driver is 20 times more likely to die in a crash with a train than with another vehicle, and offers these tips to help keep Chicago drivers safe:

~ When approaching a rail-roadway intersection ALWAYS assume a train is coming even if you can’t see or hear one. Today’s trains are quieter and moving faster than you think. And, it takes much longer for a train to stop than a car or even a tractor trailer. A train traveling 55 m.p.h. requires more than a mile to come to a complete stop.

~ Railroad tracks are private property and 100 percent of the time trains have the right-of-way. So, walking along or stopping your vehicle on train tracks is legally trespassing (not to mention a safety hazard). Never walk (or stop your vehicle) on train tracks.

~ Trains are wider than the tracks by several feet, so stopping or standing NEXT to the track is just as dangerous as being on the track.

~ A train can weigh anywhere from 400,000 pounds to 6,000 tons; a car weighs a fraction of that amount. An impact between a train and a car is equivalent to a car striking a soda can.

Continue reading " Motorists at continued risk of Chicago car accidents involving railroad crossings " »

We are reminded once again about the tragic results of drinking and driving as the case of an Orland Park man comes to court at the end of this month. It’s the perfect time for Chicago accident attorneys to remind drivers that drinking and driving is a lethal combination.

As reported by the Herald News a 2009 New Year's Eve crash killed a 20 year old passenger. The 23 year old driver lost control of his SUV, hit a pole, entered a ditch and rolled over landing on its side.

The driver was charged with two felonies, reckless homicide and aggravated drunken driving which could result in up to 14 years in prison. Sadly the driver's blood-alcohol content at the time of the crash was nearly three times the legal limit.

As if this situation weren't tragic enough; the family of the victim is suing the Cook County Sheriff's office for allegedly unprofessional conduct of the victim's body at the accident scene. The suit claims that protocols weren't followed, and that the victim's clothes were removed for no medical reason.

Photos of the nude body were taken and the body was left exposed to onlookers and other responders at the scene. The suit is asking for over $200,000 for extreme and severe distress. The allegations have been denied by the sheriff's department.

The NBC Today Show featured a similar case in Georgia when a fatal accident was worsened by a firefighter taking video on his cell phone.

The parents of a 23 year old mother of two were devastated by the news that their daughter was killed in a single car crash. They were told very little about the crash other than it happened on a rural Georgia road when her car had hit a grove of trees. They were spared the horrific descriptions of her injuries which even disturbed rescue personnel.

A few months later, the firefighter's cell phone video of their daughter's mangled body ended up on the Internet. They found the audio portion even more disturbing than the gruesome video footage. Firefighters appeared to be more concerned about taking the video then tending to the victim. At one point a firefighter is even asking for better lighting. The victim's parents have filed a complaint with Spalding County and officials have confirmed they are looking into the incident.

The victim's parents are seeking an amendment to state law requesting that emergency responders are banned from carrying a cell phone to calls. Current Georgia statute forbids public agencies from releasing videos to the media. The statute does not apply to this case because the firefighter was using his personal cell phone and did not release the video to the media.

Unprofessional behavior by emergency personnel made these tragic situations worse. In both cases, a lawyer should be consulted to aggressively pursue the rights of the victims and families and to ensure that nothing like it happens again.

Continue reading " Unprofessional conduct of emergency workers at Chicago car accident scenes should meet harsh justice " »

Snowmobiling is a popular winter activity in Illinois, Michigan and throughout the Midwest. But like most motor operated vehicles, there are dangers to consider when driving or riding them.

During this winter season, our Chicago accident lawyers want you to be mindful of the dangers so that your hobby is a safe but enjoyable snowmobile riding experience.

The Peoria Journal Star reports that snowmobile accidents have been on the decline. Illinois, during the 2009-2010 winter season reported 37 accidents and one fatality. Previously in 2007-2008 there were 66 accidents and 7 fatalities reported.

Skiing accidents in Illinois are another winter danger. The National Ski Areas Association reports an average of 40 deaths per year occur in skiing accidents. And about 50 skiers suffer life-altering injuries, including paralysis, each year.

Snowmobile riding requires drivers to be aware of the many potential dangers. Engine noise, your helmet and weather conditions decrease your hearing and visibility while out on the trails. Protecting yourself and/or your passenger should be a top priority. Be on the look out for water, thin ice, snow drifts and branches on the trail. Pay attention to other snowmobiles, skiers, snowboarders and hikers that could be in the area.

Drinking alcohol and riding is never a good idea. Alcohol decreases your reaction time and will slow your response to an unforeseen situation. Alcohol also increases your vulnerability to the cold which could lead to hypothermia.

If you are charged with a DUI while driving a snowmobile it will result in your car driving privileges being suspended.

With so many potential obstacles to avoid, snowmobile riding at night is very dangerous. Your chances of getting lost are also a concern as the sun goes down. If you must ride at night; dress warmly with reflective clothing. Never go out alone, take someone with you who knows the area. And make sure all the lights are working on your machine.

If you must ride over frozen water, stay on the trail. The only time to leave the trail is if you or the rider in front of you hits slush. If you fall through the ice, kick hard until you reach the ice edge and pull yourself onto the ice. Then roll away from the opening and get help.

Dress warmly to make your snowmobiling adventure more enjoyable. Dress in layers that release moisture but retain the heat. Take extra clothes along in case you get wet. Sun glare off the snow can cause permanent eye damage, make sure to have UV protected helmet visor, goggles or sunglasses.

It is helpful to have a basic repair kit for your snowmobile including:
-Spare belts and spark plugs.
-Rope, duct tape, knife.
-Extra tools, nuts and bolts.
Don't be a victim of a Chicago accident this winter. Be smart and be safe.

Continue reading " Snowmobile accidents, skiing accidents, a winter danger in Illinois " »