Illinois Injury Law Blog

Electronic on-board recorders could help reduce Chicago trucking accidents by getting fatigued truckers off the road.

Required installation of electronic on-board recorders (EOBRs) for interstate commercial truck and bus companies, will be used to monitor hours-of-service (HOS) compliance by their driver's. The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) made the long-overdue proposal earlier this month.

Our Illinois personal injury lawyers know that commercial truck drivers that stay behind the wheel while they are tired are a danger to all motorists.

Data from the National Highway Traffic Safety Administration for 2008 revealed 50,430 vehicles were involved in fatal crashes, a little over 8% involved large trucks. In Illinois just under 10% of vehicles involved in fatal crashes were large trucks.

Commercial vehicle drivers currently use hand-written log books, toll receipts and other "proof" to document hours of service. The antiquated system is ripe for abuse. The EOBRs are simply a tamper proof record keeping system. Driving time is tracked by the integrated GPS in the device automatically.

"We cannot protect our roadways when commercial truck and bus companies exceed hours-of-service rules," said Transportation Secretary Ray LaHood. "This proposal would make our roads safer by ensuring that carriers traveling across state lines are using EOBRs to track the hours their drivers spend behind the wheel."

Roughly 500,000 carriers will be affected by the proposed rule. Several carriers have already embraced this new technology including: Knight Transportation, Maverick USA, J.B. Hunt and Schneider National.

Short haul truckers that use timecards to document hours of service would not be required to use electronic on-board recorders. The proposal affects carriers that at present use log books.
Carriers could face fines up to $11,000 per offense for violating the EOBR requirement.

"This proposal is an important step in our efforts to raise the safety bar for commercial carriers and drivers," said FMCSA Administrator Anne S. Ferro. "We believe broader use of EOBRs would give carriers and drivers an effective tool to strengthen their HOS compliance."

Continue reading " Data recorders will reduce fatal Illinois trucking accidents " »

According to a recent report by Governor's Highway Safety Association pedestrian accidents increased during the first half of 2010, even as the overall number of traffic fatalities continued to decline.

A total of 135 fatalIllinois pedestrian accidents were reported in 2008, or 12.9% of all traffic fatalities according to the U.S. Department of Transportation.

This equated to 1.05 pedestrian fatalities per 100,000 population throughout the state of Illinois in 2008.

Our Chicago personal injury attorneys find the preliminary data for 2010 significant due to the fact that it’s the first time in 4 years there has been an increase in pedestrian fatalities. In fact, pedestrian fatalities nationwide decreased from 4,892 in 2005 to 4,091 in 2009, averaging a decline of 200 per year.

According to the preliminary data for Illinois, there were 4 less pedestrian fatalities in the first 6 months of 2010 than in 2009. But the overall number of fatalities in Illinois inched up last year, bucking the national trend. Safety advocates are concerned the downturn in traffic fatalities will reverse itself as the economy continues to recover.

GHSA Chairman Vernon F. Betkey Jr. notes, "Nationally, pedestrian fatalities account for about 12 percent of overall traffic deaths, a small but significant portion. Given that we have made so much progress in this area, GHSA is concerned to see this reversal. One factor may be the increased distractions for both pedestrians and drivers. Anyone who travels in a busy city has seen countless pedestrians engrossed in conversation or listening to music while crossing a busy street. Just as drivers need to focus on driving safely, pedestrians need to focus on walking safely – without distractions."

The Spotlight on Highway Safety Pedestrian Traffic Fatalities Study points to a couple of reasons for pedestrian fatality changes. States that have very few fatalities can go from a good year to a bad one by just 1 or 2 fatalities occurring. Another reason for the changes is the different causes that can lead to pedestrian fatalities like alcohol consumption or the age of children killed in accidents.

The final reason for change is the amount of walking that takes place in states. For instance, it is likely the pedestrian miles traveled in New York are much higher than miles traveled in Iowa. Opportunity is key for some states that have more of a likelihood of people traveling by foot in big cities like Chicago-- Illinois was ranked 12th in the nation in pedestrian fatalities for 2009.

Most health professionals are encouraging Americans to start walking more in order to maintain a healthier heart and lifestyle. Illinois pedestrians should listen to their doctor but be careful of not getting distracted while walking the busy streets of Chicago.

Continue reading " Chicago pedestrian accidents an ongoing concern " »

Our Chicago personal injury attorneys know that with the winter season, many Illinois families take weekend recreational getaways to the mountains for skiing, snowboarding and snowmobiling. In other cases, a premise liability injury or car accident can bring the issue of insurance coverage to the forefront.

Along with the Illinois Department of Insurance Director Michael T. McRaith, we remind families that the time to review health, home, renter and car insurance policies for appropriate coverage is before you are involved in an Illinois injury accident.

McRaith advises policyholders that “whether you enjoy snowboarding or are traveling to a warm destination during the winter season, be sure to check your insurance policies to ensure you understand your coverage and have the right protections in place.” Our Illinois injury lawyer couldn’t agree more.

The IDI recommends that before hitting those recreational winter sports, double check your health insurance coverage and homeowner policies to know what coverage limits and deductibles you need to consider and what to do in the event you are injured while out-of-town.

Keep in mind that recreational gear is generally only covered up to a certain limit that may or may not be sufficient to completely replace your equipment. With that said, a recent article in the Chicago Tribune serves as a reminder that not all ski accidents happen at resorts. Just last week a backcountry skier was rescued by Rocky Mountain National Park rangers after the 55-year-old skier fell nearly 1,000 down a mountain.

As for snowmobiles, the Illinois General Assembly reminds Illinois snowmobile enthusiasts that as of April, 2011, amendments to the Snowmobile Registration and Safety Act go into effect. Mandatory liability insurance is among the requirements. Just in 2009, the Illinois Department of Natural Resources reports, there were 37 reported Illinois snowmobile accidents, one fatal.

Allstate Insurance provides the following tips for snowmobilers:

~ Know your terrain. Avoid crossing frozen bodies of water where you know there is no guarantee the icy surface will hold the weight of your ride.

~ Stow away a basic toolkit for emergency repairs. Be familiar enough with your machine to know how to make simple fixes.

~ Have a travel plan and ride with a buddy if you can. Tell someone where you are going, how long you plan to ride and when to expect you back.

Finally, the best way to avoid a travel disaster – from weather delays canceling your flight to an unexpected hospital stay – is to carry travel insurance. AOL Travel reports that can find domestic or international annual travel insurance that will cover everything “from acts of God to acts of terrorism” and can be invaluable to make last-minute rescheduling less nightmarish.

Continue reading " Proper insurance critical in event of a Chicago injury accident " »

The Chicago Department of Transportation is reminding business, property and homeowners of their responsibility to remove show from their sidewalks.

Our Chicago personal injury lawyers know an increased risk of slip and fall hazards comes with the snow, ice, dangerous sidewalks, wet slippery floors and standing water that frequently accompany winter storms.

Our older residents are among the most vulnerable to serious or fatal injuries resulting from a slip and fall accident in Chicago.

Chicago law (Municipal Code 4-4-310 and 10-8-180) require property owners to remove snow and ice from the sidewalks in front of their properties. “Many people rely on walking and transit as their primary way to get around, and without a wide, clear path through snow and ice, it is especially difficult for people with disabilities, seniors and children to walk safely,” said CDOT Commissioner Bobby L. Ware.

The Centers for Disease Control and Prevention reports that one-third of adults over the age of 65 will suffer a fall each year. Falls are the most common non-fatal hospital admissions for trauma.

Each year, about 18,000 older adults will die from fall injuries -- a number that has risen sharply over the last decade. Each year, more than 2 million older adults are treated in hospital emergency rooms for injuries sustained in a fall and nearly 600,000 of those will be hospitalized.

The most common injuries sustained in a fall are cuts, hip fractures and head trauma. Those following the recovery of Congresswoman Gabrielle Giffords, who suffered a traumatic brain injury as the result of a gunshot wound, may be interested to know that falls are the leading cause of traumatic brain injuries in the United States.

Common fractures are most often caused by falls in our older adult population, including fractures to the spine, hip, forearm, leg, ankle, pelvis, upper arm and hand.

Additionally, a serious fall injury can have a damaging psychological impact on older adults. Many develop a fear of falling, which impacts quality of life, reduces mobility, and can actually increase the risk of a subsequent fall injury.

Continue reading " Chicago slip-and-fall accidents, premise liability issues result from wet and icy conditions " »