Chicago Injury Lawyer Blog

How many times do we see drivers ignoring the sirens of a fast approaching emergency vehicle such as a fire truck or ambulance? Most often we see this at busy intersections. Perhaps the drivers are too nervous to remain in the intersection? Maybe they are trying to pass through or beat the emergency vehicle through the intersection? There could be multiple reasons for the driver's failure to yield to an emergency vehicle. As an experienced Chicago failure to yield accident lawyer, I have represented many injured parties in these types of automobile accidents.

Over the weekend, a failure to yield to an emergency vehicle crash revealed that the 18-year-old driver of the passenger car involved was drunk. The crash involved a Chicago Fire Department truck and sedan passenger car. According to police reports nine people were injured in the failure to yield crash. It was reported that the Chicago fire truck was responding to an emergency, when the collision occurred at the intersection. Five passengers in the car were hospitalized in serious to critical condition. Four Chicago firefighters were taken to a local hospital. They are all reported in good condition.

The driver of the car was an 18-year-old Dolton man. He was cited for failure to yield to an emergency vehicle and failure to stop at a stop sign. He was also charged with misdemeanor felony aggravated DUI. In addition, the driver was cited for driving without proof of insurance. According to witnesses at the accident scene, the driver stated that he did not hear a siren. He did report seeing flashing lights as the fire truck entered the intersection. A failure-to-yield accident occurs when a vehicle operator fails to give or yield to the vehicle or party that has the right of way. The majority of failure-to-yield accidents occur due to distracted drivers. In today's world of mobile devices, drivers are talking, texting or reading mobile devices while driving a vehicle. It's a rare occurrence today to drive and not see another driver using their mobile phone in some form while driving.

As an experienced Chicago car accident lawyer understands, the key to successfully handling a failure to yield accident claim is to determine which vehicle involved in the failure to yield accident had the right of way when the crash occurred. Many times this involves obtaining eyewitness accounts and securing intersection videos from the cameras that many municipalities have installed. The red-light cameras can prove conclusively that the at-fault driver failed to yield the right of way at an intersection.

If you have been involved in a failure to yield car accident, it is important to meet with an experienced Chicago personal injury attorney. They can explain the insurance claims process in Illinois and help you to determine the value of the case. Injured passengers involved in accidents have the legal right to seek compensation for their injuries. A lawsuit can be filed even when the driver of their car is found at fault. According to the law, the driver could be named as a defendant in a Chicago personal injury lawsuit filed by the cars passengers. Most injured passengers are hesitant to file a lawsuit against the driver of the car, as they usually have a personal relationship with the driver.

Watching the news last night, I was horrified as I looked at the images of the deadly Florida Interstate 75 multi-vehicle pileup accident. The crash site looked like a scene out of the Hollywood motion picture "The Day After". Multiple cars and trucks were lying on top of one another. Vehicles were burnt past recognition, many still smoldering. At least ten victims were reported as killed. Over 18 others were taken to local hospitals with varying degrees of injury. As a Chicago personal injury lawyer, I understand that an extensive investigation needs to be conducted to determine the party at fault for the fatal multi vehicle pile-up accident. Many questions remained unanswered at the moment. What caused the fatal highway pileup? Where Florida Highway authorities too quick to reopen the closed Interstate? Who is at fault?

The fatal highway pileup or multi-vehicle accident occurred on Sunday during the early morning hours. Accounts of the accident from eye witnesses, victims and rescuers were horrifying. The visibility was so poor that one could not see, it was blinding. Rescuers could only locate victims by their screams and cry's for assistance. Victims with varying degrees of injuries were located along the highway for approximately one mile. Many of the victims suffered catastrophic injuries. Catastrophic injuries could include spinal cord injuries, traumatic brain injuries and severe burns.

It has been reported that a local brushfire caused a combination of dense fog and smoke. Due to poor visibility, the Florida Interstate 75 was closed by authorities for a period of time before the multi-vehicle pileup occurred. According to officials, road visibility returned to within normal limits and the Interstate was reopened for travel. The cause of the fire remains undetermined. As a Chicago multi-vehicle accident attorney, I understand that multiple vehicle accidents can occur due to many factors. The most common cause of multi-vehicle accidents are the result of one car crashing into another and a chain-reaction occurs. This is what appears to have happened on Florida interstate 75 as a result of the dense fog and smoke.

Handling a multi-vehicle accident can be very complex. Multiple injured victims and insurance companies are involved. A timely investigation of the highway accident is critical. Evidence relating to the highway accident case needs to be identified and secured. In many cases, attorneys will consult with experts in the field of highway accidents. These highway accident experts or accident reconstruction experts will review the accident scene and preserve physical evidence. Experts will work to identify and collect vital information from the accident scene.

Examples of the information or evidence can include video or photographs of the accident site, witnesses accounts, and assessment of weather and road conditions. They will analyze this collection of evidence and use vital information to determine the fault in the case. Fault is a critical component in any car accident claim. The party at fault is the person or entity whose negligence caused the accident. Typically, the person or party that was determined at fault will pay for the damage caused by their negligence.

If you have been involved in a multi-vehicle accident, it is best to consult with an experienced Chicago multi-vehicle accident attorney to review your case. They have experience navigating and negotiating claims with multiple parties. In these types of multiple vehicle accident cases an experienced attorney can be critical to maximizing your compensation for your injuries.

A crisis has been happening on the Chicago roadways. The incidence of accidents related to distracted driving has increased dramatically. What's of greater concern is the number of fatalities due to distracted driving is increasing every day.

While reading the Chicago Tribune online, I came across an article about teens and distracted driving. The National Highway Traffic Safety Administration reports that in 2010, over 3,002 fatalities resulted from distracted driving crashes. The point of interest is that teen drivers were more likely to get into a fatal car crash where distracted driving was the cause. The NHTSA reported that over 15% of teen drivers involved in a fatal crash were reported to have been distracted. That's a cause for concern.

Anyone who has spent time any amount of time with a teen knows that they have hundreds of things going on at one time. Just think about the last time you were driving a group of teens in your car. Was it hard for you, the experienced driver to concentrate? Now think about a car full of teenagers. The car is filled with loud music, cell phones ringing, singing, talking and laughing. Multiple distractions all occurring at the same time. Couple this with an inexperienced driver, the result could be tragic. One driving mistake or error in judgment can change these teens' lives forever.

One concerned citizen is getting involved. Greg Vasquez, a Lombard firefighter has developed a program aimed to educate teen drivers on the dangers of Distracted Driving. It is a 45 minute classroom based program. It focuses on the dangers involved around being distracted while driving. He uses teen driving statistics, videos and personal stories to help get his point across. The stories are of families whose lives have been changed forever due to distracted driving.

A short documentary produced by AT&T was utilized. It features interviews with police officials and loved ones of teens injured or killed distracted driving related accidents. The documentary has graphic images of distracted driving crash scenes. It also contains heart wrenching interviews with victims and family members of victims. I stressed how just one second of distraction and lead to tragedy. The firefighter recently presented his safe-driving presentation to over 300 students in the Glenbard East High School driver's education course. His goal is to reach many additional schools.

As a Chicago personal injury lawyer, I have worked with victims and the family of victims involved in distracted driving related crashes. Again, I refer to these as crashes not accidents. The crash is a direct result of an individual's negligent conduct. This individual should be held accountable for the damages and injuries inflicted upon the victim. The injuries sustained from these crashes can be catastrophic. They can include spinal cord injuries, traumatic brain injuries or TBI, multiple fractures, neurologic injuries and death. Any one of these injuries could be life altering for the victim and the family of the victim.

As we all know that using your cell phone or texting while driving is extremely dangerous. Couple this with driver inexperience, these results could be tragic. Be careful this Holiday season, don't use your cell phone while driving! The life you save may be your own.

One of the most difficult decisions a family can make is to place a loved one in a nursing home facility. When a loved one is placed in a nursing home or elder care facility, a family also places their trust in that facility. Unfortunately, nursing home abuse and neglect happens in over 40% of elder care facilities.

There are many causes of nursing home abuse and neglect that lead to inadequate or substandard treatment of residents, causing injuries and/or death. It could be that the nursing home was understaffed or had inadequately trained employees. The bottom line is that nursing home residents require skilled and properly trained attendants. The majority of nursing home residents are dependent on staff members for most or all of their activities of daily living. These activities can include assistance with feedings, medicine, toileting, grooming and ambulation. The resident's dependence upon the nursing home staff makes them vulnerable to neglect and abuse.

As a Chicago Nursing Home Abuse and Neglect attorney, I am asked various questions regarding nursing home abuse and neglect cases. Many times the families of the injured victim or the deceased want to know who is responsible for the injuries sustained by their family member. They want to know, will the nursing home settle, do they have to go to court and how long will the nursing home neglect or abuse case take. My response is that it depends on the case. Often times it depends upon the severity of the neglect and abuse that the victim suffered. In the most severe cases, when the neglect and abuse is blatant and obvious, a nursing home may wish to settle the case immediately.

In many nursing home abuse and neglect cases, the nursing home maintains the position that the claim for neglect and abuse is not valid. In these cases, the nursing home may take a longer period of time to make an offer. Often times they will let the case go to trial and have a jury decide who's responsible for the victim's injury or wrongful death. I understand that it is very challenging to prove that a nursing home resident's injury or death was related to nursing home neglect or abuse. Many times nursing home residents are elderly and have comorbid or pre-existing health problems.

Many factors are assessed to determine the value of a nursing home abuse and neglect case. Factors such as how the neglect or abuse occurred, extent of injuries sustained, medical treatment and medical expenses, future medical costs and pain and suffering.
Many times the state in which the law suit is filed can make a difference in the amount that you can recover. Federal and State laws require that all nursing home residents receive the necessary care to reach and maintain the highest practical level and social well being. Nursing homes are required to follow the federal and state regulations regarding having adequate or sufficient skilled nursing staff. They must complete a comprehensive and accurate assessment of each resident's functional capacity, and provide care according to the patients individual comprehensive care plan. They must provide adequate medical and/or devices for living while a resident of a nursing home. They must provide comprehensive and skilled supervision for all residents.

As a Chicago personal injury lawyer, I understand that nursing home abuse and neglect manifests in many different ways. Over the years, we have handled many types of nursing home abuse cases such as mental and physical abuse, bed sores, pressure sores, decubitus ulcers, pharmacy and medication errors, wandering and elopement, falls and malnutrition and dehydration.

Again at this time of year, I like to reflect on past blog posts. Another that has stayed on my mind is the cyclist that was run over by a garbage truck after falling of her bicycle. Imagine falling under a large commercial truck and not being able to get out from under it. This bicyclist lost her balance for a split second. Unfortunately, she slid under a truck. The truck advanced with traffic and crushed the victim. The victim sustained serious injuries that lead to her death. It reminds me, how a person's life can change in a split second.

Every evening as I drive home down La Salle St, bicyclists share the road with me. Some obey the rules of the road, others do not. Even the most cautious cyclist is no match for the sheer size of a big rig. Unfortunately, tragedy struck a bicyclist this weekend. A local Chicago female bicyclist was killed by a garbage truck. She was run over and crushed by a truck in Chicago. It was reported that she lost her balance and slid under a passing the truck. The victim was a local Chicago fitness instructor. She was attending the Lollapalooza festival in Grant Park. The garbage truck was stopped at a stoplight at the corner of Wabash Ave.

An eye witness reported that the victim was riding her bicycle between the truck and a 4-door car that was stopped. The bicyclist lost her balance and fell, placing her under the rear of the truck. Before the victim could get out of danger, the light turned green. The garbage truck driver then proceeded to move forward and the victim was crushed. The 25 year old victim was pronounced dead at the hospital.

According to Chicago injury lawyer David Nemeroff, over 500,000 bicyclists are taken to emergency rooms to be treated for injuries sustained while biking. Of those 500,000 approximately 67,000 are diagnosed with head injuries. Of those with head injuries over 27,000 have sustained injuries serious enough to be hospitalized. What amazes me is that, 1 in 8 of the bicyclists with head injuries has a traumatic brain injury. Over two-thirds of bicycle accident deaths are a direct result of a traumatic brain injuries (TBI). Traumatic brain injuries or TBI injuries suffered as a result of an accident can be life changing. Traumatic brain injuries can include injuries to the head or a traumatic brain, spinal cord paralysis.

Nemeroff Law Offices has represented many Chicago and suburban Illinois clients who have suffered personal injuries from bicycle accidents. We have represented families of cyclists who have been tragically killed in a bicycle accident. Often times the accident is as a result of the negligent or reckless behavior of another individual. Bicycle victims that have been injured in a bicycle accident, may be entitled to compensation. This could include compensation for medical bills that the victim incurred as a result of the accident. Many times the victim is compensated for pain and suffering. Other forms of compensation include the loss of earning, and future loss of earnings. In the event that a death has occurred as a result of the bicycle accident, you can file a wrongful death suit.

Source:
ID released for bicyclist who died after falling under truck downtown, Chicago Tribune, Tuesday August 6, 2011

At this time of year, I like to reflect upon past blog posts. This one stays with me, every day. As a parent and a Chicago personal injury lawyer accidents involving children have a profound impact on me. Take the time and read the blog post below.

When I think of summer, I think of Camp Wayne in Preston Park, PA. That is where my fondest childhood memories are from. Sun up until sun down, my days were filled with many activities. I lived for that! As campers we spent hours playing baseball, basketball and soccer. One of the highlights of the day was heading down to the lake for a swim. That exhilarating feeling when you jumped in the cold water after a sweltering hot day. Nothing else could compare.

Last week, a Buffalo Grove teenager drowned while swimming in a lake at a Michigan sleepover camp. The accidental drowning occurred last Wednesday night at the Greenwoods Camp on Lake of the Woods in Decatur. Jacob Waxberg of Buffalo Grove, IL was 15-year-old veteran camper. Michigan State Police and the Michigan Department of Human Services are investigating the drowning.

Sources have reported that the victim was participating in a camp swim at dusk. At this moment, limited information is available as to the exact time of the swim. The police reported that they received a 911 call around 10 p.m. Much of the details surrounding the drowning are unclear at this moment. It has been reported that the teenage boy was observed struggling moments before he vanished from the water's surface. After an exhaustive search effort, Michigan police found the victim's body at the bottom of the lake. After exhausting all emergency efforts by paramedics, the victim remained unconscious. He was later pronounced dead at a local Michigan hospital.

After hearing of the drowning, what stood out in my mind was the time the organized swim was conducted. State licensing regulations for summer camps strictly mandate that a camp may not conduct swim programs during night time hours. Swimming pools can be used during night time hours, if they are equipped with underwater illumination. A spokesperson for Greenwoods Camp said there were floodlights in the area at the time of the swim. Was there under water illumination as per state law? The drowning accident is still under investigation. If the victim was participating in a nighttime swim, the camp violated state law.

The second issue that arises from this tragic accident is whether the swimmers were appropriately monitored. They should have been monitored by lifeguards and camp personnel. By law, it is the camp's responsibility to keep their campers out of danger and harm. They also need to ensure that the staff is properly trained. Lake swimming presents a danger to all swimmers. Could the lack of oversight and improper training be a factor in this victim's drowning? Camps are required to make sure that all lifeguard staff are adequately trained and prepared to respond to any emergency situations.

Deadly drowning accidents like this one serve as a reminder of the dangers that can occur at any summer camps. Every summer children all over the US look forward to staying at overnight summer camps. Parents put their trust in the camp owner's hands. Summer camps are often the sites of numerous personal injuries and even deaths. It is reported that a substantial amount of injuries occur in lakes and swimming pools. The issue at hand is their adequate ratio of swimmer and lifeguard. In some circumstances, several young campers are under the care of a single lifeguard or counselor. How well trained are they to handle multiple small children? The risk of serious injury is extremely high, the majority of drowning victims that survive still may suffer from brain injury, spinal cord injury, fractures, and other serious personal injuries.

As a Chicago injury and accident attorney, I understand that parents should be aware that camp rules and regulations vary from state-to-state. Currently, there are no federal regulations for summer camps. It is reported by The American Camp Association that only 25 percent of summer camps throughout the country are accredited. What amazes me is that over 75% of camps fail to meet the association's health and safety standards. Accidents can occur at anytime and anywhere. What is negligence, is when a camps failure to take reasonable steps to protect the health and safety of campers.

This blog is dedicated to the memory of Jacob Waxberg. Nemeroff Law Offices extends its condolences to the Waxberg family.

Source:
Teen drowns at local camp,WWMT.Com, July 21, 2011 6:06 PM

As the Holidays approach, I read more and more news articles regarding drunk driving accidents. Over the year, I have reported on numerous drunk and drugged driving accidents. To me it remains a mystery, why someone would choose to drink and drive? As a victim of a drunk driver over 25 years ago, I understand the challenges faced by the victims. I have spent the last two decades supporting groups that educate the public about the dangers of drinking and driving. Save a life this holiday season, don't drink and drive. Choose a designated driver or take public transportation. The life you save may be your own!

Our Chicago wrongful death attorneys reported on the driver of a tour bus charged with a DUI after striking and killing a woman in the Streeterville neighborhood. The driver of the tour bus, David Soto, 47, tested positive for drug use (cocaine) after he struck Justyna Palka as she was crossing the street on Columbus at Illinois. She was walking in a designated crosswalk. The driver worked for the Pontarelli Group Charter Company. He was employed by them for six months. Several witness reported that the traffic lights on Illinois were green at the time of the fatal bus crash. That would mean that pedestrians had the right-of-way to cross Columbus. The tour bus driver told police that he did not see the victim as she crossed the street.

Chicago bus and truck accidents continue to take lives and cause serious personal injuries to Chicago area residents. It is hard to call these crashes accidents when there is one party that clearly acted in a negligent manner that lead to the crash. According to Illinois wrongful death attorney David Nemeroff, deaths and injuries caused by drugged and drunk drivers are not accidents, but are the result of an individual's willful conduct. In this case, the label of "accident" obscures the causative factor of drug abuse. Many times driving under the influence fails to get recognized as a violent crime.

The Chicago personal injury lawyers at Nemerofff Law offices worked on a drunk driving truck accident crash earning a $6.5 million Illinois truck accident settlement for our client, a 31 year old woman. The victim was traveling in her car on a stretch of North Ave. in Lombard, IL. The victim was involved in a head-on or frontal impact crash with a drunk driver. After the crash with the drunk driver, she was then rear-ended or hit from behind by a commercial semi-truck. One can only image the destruction to her car, and the massive injuries suffered by the victim.

The victim sustained injuries such as multiple fractures of her arms and legs, and pelvis. The injuries required several surgical procedures. The victim spent many months in the hospital recovering from her injuries. To this day, she has difficulty walking and has multiple scarring over 95%t of her body. Both the commercial semi-truck driver and the drunk driver were found responsible for the accident and her injuries by a Cook County, IL jury. The victim was awarded $6,521,000 by the jury. A Dram Shop settlement was reached with the establishment where the drunk driver was served alcohol for an additional $60,000.

Source: Tour Bus driver charged with DUI and sex crimes, Chicago Tribune, May 5, 2011
Categories:

Just this morning as I was reading the news online, I came across an article on a fatal Chicago truck crash. On Monday a fatal truck accident killed a 10-year-old Island Lake boy. His twin brother also sustained serious injuries. The 10 year old victim was Griffin Shirey. He was killed when the Lincoln driven by his father, was hit by a flatbed truck. The fatal car crash occurred at the intersection of Route 12 and Old McHenry Road in Wauconda. According to police, the driver of the Lincoln, was making a left turn onto Old McHenry Road when the truck t-boned the Lincoln. Two other vehicles were also struck by the truck.

According to police, there is no evidence distracted driving. Several witnesses did report that the truck was traveling at a high rate of speed. They also reported that he failed to stop at a red traffic signal. Currently, no charges have filed against any of the drivers involved Monday's fatal car crash. The accident scene still remains under the Sheriff's investigation. The truck driver was taken in for questioning and released. All drivers involved in the fatal auto accident submitted to a DUI test. The truck driver also provided a urine sample.

It was reported that the flatbed truck was carrying a load of roofing shingles. The question that comes to my mind, was the truck over loaded? An oververloaded truck can be a danger on any road. When a truck is overloaded, it is carrying additional weigh causing it to have greater momentum. When trucks have increased momentum and are traveling at high rates of speed it can cause problems with reaction timing. Ordinary driving maneuvers can be made more complex. Such maneuvers can be to stop suddenly or swerving to avoid a road hazard. Additional problems associated with overloading can be brake failure or difficulty and inability to steer. Inability to react in a split second can lead to a catastrophic crash.

Current truck laws dictate the maximum weight a commercial truck can carry. As you drive on the highway, one can see the Weigh stations. It is at these stations that vehicles are weighed and inspected. Typically at a Weigh stations, several inspections can occur. The commercial trucks are weighed. Cargo is inspected for illegal or falsely reported cargo. The HOS book is checked for compliance with Hours of Service laws. Even with these Weigh Stations in place, if a violation is found, the truck driver is usually issued a ticket. The truck driver is then permitted to return to the highway, carrying a dangerous weighted load. In some circumstances the driver may be detained, and an overweight vehicle permit will be issued.

The weight limit on a commercial truck is 80,000 pounds. That is 20,000 pounds per axle or 34,000 pounds per tandem axle. According to the Federal Motor Carrier Safety Administration (FMCSA) ) rules and regulations individual states are allowed to set weight limits for commercial trucks. States are also responsible for enforcing those weight limits.

In my experience as an Illinois truck accident lawyer, ineffective enforcement of these weight provisions has led to conditions that contributed to the number of truck accidents on our roadways.

Listed below are some reasons why an overloaded truck can be involved in an accident.
• Burst tires
• Traveling too slow can be a hazard to approaching vehicles especially in blind spots
• Traveling too fast
• Brake Failure
• Inability to stop
• Roll over
• Steering difficulties

As a Chicago truck accident lawyer, I realize that there may be multiple parties who share responsibility for an accident. In most instances the truck driver is responsible, but other parties can include:

• Commercial Trucking companies
• Commercial Truck loading companies
• Government Agencies

Overweight trucks on highways and roadways pose a serious danger to other drivers. Our safety depends upon the states enforcement of the existing truck weight laws. If trucking companies, truck loading companies, truck drivers continue to allow these trucks on the road, we are all in danger.

Welcome to winter Chicago. I woke Friday morning to my backyard covered in snow. It looked like a Norman Rockwell painting. The trees and streets were all lined with a brilliant white coating of snow. Even the most experienced driver can come across some dangerous conditions on the snow covered roads. It is best to drive slow and take your time to reach your destination. As a Chicago car accident lawyer, I realize that along with the beauty of a fresh snowfall come many dangers.

Although, this snowfall didn't amount to much, it still caused some hazards on the roads. When the weather is bad it is best not to drive at all, if you can avoid it. For many of us this is not a reality, so we must drive with caution. If driving in snowy conditions, make sure your car is prepared and that you know how to handle road conditions.

When driving on snowy or icy roads, it is best to follow the TIPS below from the National Safety Council:

1. Reduce your speed
2. Leave adequate space for you to stop.
3. Gently apply your brakes. This will help you to avoid skidding.
4. Keep your headlights on. This will increase your visibility to other motorists.
5. Keep your lights and windshield clean from falling snow and ice.
6. Keep the car in a low gear.
7. Never use cruise control on icy roads.
8. When traveling on bridges and overpasses use extreme caution when. These areas of roadways tend to freeze first.
9. Watch out for black ice.

This morning's snowfall that covered many of Chicago's roadways caused multiple spinouts and minor fender benders. Unfortunately, there was one fatal accident on the Eisenhower. It was reported by the Illinois State Police that a fatal truck accident occurred on the inbound Eisenhower. The truck accident occurred at Cicero Avenue exit. It involved a box truck and a pickup truck. A passenger in the pickup truck was killed. At this moment, there are no details regarding the accident. The family of the fatal accident victim may be able to file a wrongful death law suit.

A wrongful death case is a law suit lawsuit that is filed when someone's negligent behavior results in the wrongful death of another person. The law suit is brought by the victims surviving family members or the victim's estate. Under most circumstances a wrongful death claim is brought to recover damages due to the death of a family member. The damages that are awarded in a wrongful death case are to compensate the family or estate for losses resulting from the death of a family member.

Some of the damages that can be recovered in a wrongful death case are what is called direct expenses. These are expenses incurred such as funeral costs and medical bills. Other damages can be for the loss of benefits and future earnings. Additional damages can include loss of companionship and punitive damages.

Motorists were urged to drive carefully and with caution during snowfalls.

Illinois is is recognized by MADD as a national leader in its fight against drunk drivers.
As we approach the Holiday season, many of us will be attending Holiday Parties. Enjoying good food, conversation and a cocktail or two with family and friends . This is a normal celebration for many. Unfortunately, some individuals choose to drink and drive. Making this decision can change the lives of many forever.

If you have followed my past blog posting, then you are aware that I was a victim of a drunk driver over 25 years ago. I have spent over two decades supporting boards and organizations that strive to make tougher drunk driving laws. The main goal at hand of all these groups, are to make our roads a safe place for all.

As a Chicago injury lawyer and a victim of a drunk driver, I know that the roads can be a dangerous place for even the most cautious driver. One negligent or impaired driver can change an individual's life forever. In a blink of an eye, this happened to me, and it can happen to you. While reading the on line news last week, I came across a headline that made me smile. The headline summarized that according to Mothers Against Drunk Driving the state of Illinois has been recognized as a leader in the country for its actions taken against drunk drivers.

Many ask the question, what exactly is "Driving under the Influence? According to the law, it is when one is operating or driving a motor vehicle while impaired by alcohol or other intoxicating substances. According to Illinois law, a driver is considered legally under the influence if their a blood-alcohol concentration level (BAC) is .08 or greater. They can also be considered legally impaired if they have abused or taken any illegal substance or medication.

For over a decade, Jesse White the Illinois Secretary of State has worked to make our roads safe. Now one of the most influential drunk driving organizations has recognized his efforts on behalf of Illinois. As the Secretary of State he has implemented many programs and initiatives that have helped to decrease the number of alcohol related crashes. Let's take a look at one of the many programs, the BAIID initative. Many have no idea what this acronym stands for. This BAIID initiative or Breath Alcohol Ignition Interlock Device requires the installation of a Breath Alcohol Ignition Interlock Device (BAIID) in the cars of first-time DUI offenders. The device prevents the offender from starting a motor vehicle if they are intoxicated or impaired. If the DUI offender installs a Breath Alcohol Ignition Interlock Device (BAIID) on their vehicle they can regain some basic driving privileges.

The program began in 2009, as a result the state has decrease in alcohol crash related deaths. The Illinois Department of Transportation reports that alcohol-related crash deaths have dropped by more than thirty percent since the BAIID implemenation. The statistics show that the alcohol related crashes have declined from 711 alcohol-related crash deaths in 1999, to 436 alcohol related crash deaths last year.

Thank you goes to all those involved in changing the laws to keep intoxicated motorists off the road. In the State of Illinois DUI is recognized as a violent crime. Victims of DUI are recognized as victims of violent crimes.

This blog is dedicated to all the drunk driving victims and families of drunk driving victims.

Source:
Illinois gets highest rating from MADD
Associated Press
8:47 a.m. CST, November 20, 2011

At this time of the year, I like to go back and reflect upon previous blog posts. One in particular stays with me, it is that of the Delia and Marvin family. It started as a normal Tuesday morning in the City of Chicago for this family. What happened next changed many lives forever. The family was looking forward to a trip long awaited summer trip to the Wisconsin Dells. Unfortunately, this well planned trip resulted in tragedy before it started. Two innocent victims are dead and many others seriously injured after a car crash in the Jefferson Park area.

Claudia Delia, was taking the usual route to her step son's home when her car was struck by a fast traveling Ford Mustang. The fatal car crash happened at the intersection of Austin and Sunnyside avenues. It occurred in Jefferson Park at 8 a.m. Claudia and her 16 year old son Bryan Delia were killed instantly in the crash. Three passengers that were traveling in the back seat of Delia's car were seriously injured. Her 3 year old son, Hauk Marvin, suffered a fractured leg. Another passenger sustained a serious head trauma or traumatic brain injury. The driver of the Mustang, Richard Strum, was later charged with DUI at the scene.

As a Chicago injury lawyer, it is my experience that many of the most frequent types of personal injury or wrongful death claims involves transportation. Usually involving an automobile or car, truck, bus, airplane or train. The injured party in an automobile accident, may be entitled to recover compensation for the damages involved. These damages often include for compensation of medical bills, car or vehicle repairs, victim's pain and suffering, loss of earning, and future loss of earnings. If the result of the car accident was death, you may be able to file a wrongful death suit.

Let's look at what is involved in a personal injury or a wrongful death claim. A wrongful death case is a law suit that arises due to the death of an individual. If the death was by the wrong or negligent conduct of another individual then a wrongful death claim can be filed. The wrongful death law suit or claim is brought by the family members or the victim's estate. In most cases a wrongful death claim is initiated to recover damages or compensate for the injuries that victim's estate or surviving families have suffered. Basically, it is to recover damages due to the loss or death of a family member.

Let's take a closer look at some of the damages that can be recovered in a wrongful death case. The family can be reimbursement for what is called direct expenses. These are expenses incurred such as funeral costs and medical bills. The family can also be compensated for the loss of the victim's benefits. Many ask, what is loss of benefits? This is what the victim was entitled to receive in 401K earnings, pension funds or retirement benefits over their surviving life time. The future earnings of the victim can be damages in a wrongful death claim. The loss of future earnings can also be considered damages. In simple terms, it is income the person who died would have earned over the years if he or she had lived. Additional damages can include the loss of companionship and punitive damages.

Source:
Mother and son killed, 4 others hurt in Jefferson Park crash, Chicago Tribune, August 9, 2011

Who doesn't enjoy jumping into a refreshing cold pool on a hot summer day? Do we think of the dangers that may arise out of this simple action? Swimming pool accidents include diving accidents, water contamination, and drowning. You are probably wondering, why are we talking about pools as we head into the winter months? For some reason this topic came to my mind recently. I thought I would post some information to remind pool owners of the importance of this recall.

Over the summer, the U.S. Consumer Product Safety Commission announced the recall of 1 million spa and pool drain covers. These drain covers were installed by many pool owners as an additional safety feature. They were installed to prevent an entrapment hazard. It has been reported by federal regulators that these drain fail to prevent entrapment of a swimmer. Bottom line, you have installed this extra preventive measure, now you are told that it is unsafe?

Think of your pool drains as a vacuum. If the drain covers are malfunctioning, the drain of a pool or recreational spa can react like extremely high powered vacuum cleaners. The drains are functioning with hundreds of pounds of suction force. Couple this with an improperly fitted or malfunctioning drain cover. Due to the improper fit of the drain cover, the drain can easily pull something towards it with great force and trap a swimmer under water.

If you are a pool owner, it is imperative that you replace the malfunctioning drain cover (safety feature). Malfunctioning drain covers can cause swimmers to get trapped underwater. In the most serious cases it can lead to drowning. The drain covers are very inexpensive. They need to be installed properly for optimal functioning. It is suggest that you hire a professional to replace or refit the covers. Many pool owners feel that this is a costly maintainence, it can save a life. According to the terms of the recall the labor expense will be covered by the manufacturers. The drain covers from this recall are made by eight manufacturers. For additional information contact the Consumer products recall website.

As a Chicago injury lawyer, I realize that owning a swimming pool can provide endless hours of summer enjoyment and fun for your family. Every year many swimmers, the majority being young children, are injured or die in swimming pool-related accidents. Swimming pool accidents can also include diving accidents. These are the leading cause of injury from a swimming accident. Other serious injuries can occur in and around a swimming pool.

Swimming pool accidents include:
• Sprains
• Broken bones
• Spinal cord injury
• Head injury
• Traumatic Brain Injury
• Electrical shock
• Drowning and death

According to Chicago swimming pool accident lawyer David Nemeroff most drowning's happen in an instant. They usually occur with a supervising adult. Any child should not be left unattended in a swimming pool. Not even for a brief second. Also property owners need to provide proper barriers and pool fencing. This safety feature is vital in preventing an unaccompanied child from gaining access to the pool area. As a property owner it is your responsibility to provide a safe swimming environment for all swimmers. This includes both children and adults.

When swimming in a public pool, be sure to look for the pool rules. They should be posted in a visible location for all swimmers to see. The rules are to warn swimmers of the dangers involved in swimming, running or diving in shallow water. All public pools are required by law to post signs regarding the status of lifeguards.

Source:
Drain cover recall, Chicago Tribune, May 26, 2011

Stop at a crosswalk to yield for a pedestrian? Yes, that's what Chicago drivers are required to do under the pedestrian law. Drivers are required to stop at crosswalks even when there are no traffic control devices or stop signs.

Pedestrians have the right of way when they are crossing the street at an intersection. Despite this law pedestrians and bicycle riders even when crossing at a designated crosswalk as instructed are being hit by motor vehicles and injured. Many motorists are busy while driving and fail to look for pedestrians or bikers. They usually look for approaching car traffic. When this occurs, that's when, crosswalk accidents occur and can lead to injuries. These injuries can be serious or fatal.

Results from a recent study concluded that 80 percent of vehicle-pedestrian crashes in Chicago happen at intersections. The majority of these accidents involve pedestrians crossing the street with the green walk signal. What is happening on the streets of Chicago?

This is an alarmingly high statistic for pedestrians being hit at crosswalks. They are predominantly being hit by turning vehicles. Many pedestrians assume that they are in a safe haven of crosswalks. This result surprised researchers. Results from this Chicago based study concluded that over 75 percent of all accidents and over 80 percent of fatal and serious accidents crashes occurred within 120 feet of the midpoint of an intersection crosswalk or nearby. The No. 1 cause of pedestrian accidents in the US was drivers failing to yield to pedestrian in a crosswalk. This study results were published in the Chicago Tribune and was the city's most detailed analysis of crashes to date.
The study revealed that the number of hit-and-run accidents increased over a five-year period. There were 17,487 crashes all involving pedestrians. In Chicago motor vehicle-pedestrian crashes are at a rate of approximately 3,000 a year. The statistic that caught my eye was that approximately two hit-and-run pedestrian accidents result in death daily in Chicago. Hit-and-runs account for 33 percent of vehicle-pedestrian collisions. Alarmingly, 41 percent of those hit and run accidents are fatal. That is double the national average for fatal hit and run accidents.

As a Chicago injury lawyer, some of the statistics were alarming. The study statistics revealed that Chicago had 5,534 hit-and-runs over the five-year period. These accidents resulted in 3,683 deaths and injuries. Taxi or cab drivers were involved in 28 percent of pedestrian crashes. Over 34 percent of pedestrian accidents occur in downtown Chicago. A 2010 state law requires drivers to stop for pedestrians in crosswalks. The previous law required drivers to yield and stop when necessary for pedestrian traffic. Illinois become the 12th state in the country, to enforce a law requiring a complete stop at pedestrian crosswalks. These are crosswalks that do not have traffic control devices or stop signs.

Source:
City study: Chicago pedestrians in crosswalks

Are dogs really man's best friend? Thousands of Americans are bitten or attacked by dogs every year. According to the Centers for Disease Control, over 2% of American citizens, or approximately 5 million people, are attack by dogs each year. Dog bite attacks result in over 15 fatalities annually.

A dog bite is one personal injury that can result in extreme suffering. Dog attack and dog bite victims suffer unnecessary pain because someone else was negligent in maintaining adequate control of their dog. Injuries that can be caused by dog bites are:

• Scarring, lacerations and Disfigurement
• Nerve damage
• Broken bones
• Infections

As a Chicago injury lawyer, I found the results of the Insurance Information Institute report of interest. It was reported that there has been a significant rise in dog-bite insurance claims over the past ten years. This brought several questions to my mind. Is the increased number of dog attacks due to the increased number of pet owners? Or is it due to the negligent behavior by pet owners? One has to wonder?

The Insurance Information Institute reported in 2009, the number of dog bite insurance claims totaled an amount in excess of 400 million dollars. The average dog bite claim cost the insurance company over $24,000. Dog bite liability claims account for over a third of all home owner's liability insurance claims. This represents a 30% increase in the last six years. The majority of dog bite attacks are a result of an animal known to the victim. They are often pets of a family member or friend.

As a Chicago injury lawyer, I know that it is difficult for victims to file a legal claim against a friend or family member. Many are troubled about suing a friend or family member. What they don't realize is that when you file a dog bite legal claim you will file the claim against the pet owner's insurance company not the actual pet owner. The legal claim is against the insurance company that provides renters or homeowner's coverage to the pet or dog owner.

According to attorney Nemeroff, pet owners are responsible when dog attacks or bites or dog attacks occur. Pet owners are expected to maintain adequate and appropriate control of their pet or animal at all times. Pet owners are held responsible when a pet behavior results in an injury to another person. According to Illinois law, when a dog or animal attacks and injures another person, it is not necessary to show proof that the animal has acted aggressively or attacked before.

Dog bite attacks represent some of the most horrific personal injuries that are suffered. Children are among one of the groups with the most dog bite injuries per year according to the Institute Report. This is due to a child's lack of judgment about how to behave around a dog. It never amazes me, when I see a child run up to a strange dog? They immediately touch the dog, without knowing what the animal's reaction will be.

Parents can follow a few key safety tips that can reduce the probability of a child in your care from being bitten or injured by a dog:

• Refrain from approaching an unfamiliar dog.
• Relax and remain calm when approached by an unfamiliar dog.
• Never disturb a dog that is sleeping or resting.
• Always ask for permission from the pet owner to approach an unfamiliar dog.
• Seek prompt medical care for any serious dog bite. Report all dog attacks

If you or a family member has suffered a dog bite attack, it is important that you obtain medical care. Always report the attack immediately. Call your local animal control agency or if you are not sure of the agency, call your humane society or 311, and they should be able to advise you on whom to call.

Picture this you are on a busy highway and look in the rear view mirror. You notice an 80,000 lbs. commercial truck speeding up behind you. This can be a frightening event even for the most experienced driver. Hopefully, nothing occurs from this situation except a case of shaken nerves. Unfortunately, the result from a commercial truck crash can be devastating.

It has been proven, over and over that it takes a loaded heavy commercial truck additional distance to stop than a passenger car. More often than not these large rigs are traveling at very high rates of speed. Traveling at a high rate of speed is considered normal for many truckers. Typically they are paid by the mile or the load. The faster that a load can be delivered the more money the truck company makes. Speed, then is a competitive advantage.

Acccording to Illinois truck accident lawyer David Nemeroff, the National Highway Traffic Safety Administration, submitted a petition to mandate speed limiting devices on all commercial trucks to be set at 68 mph. This petition was filed on January 3, 2011.

Truck drivers, who drive at high rates of speed, endanger the safety of motorists and pedestrians. The dangers of traveling at high rates of speed are:

• Traveling with an increased momentum can increase the force of the impact

• Traveling at a high rate of speed can cause the driver to lose control of the vehicle.
• Traveling at a high rate of speed can limit or decrease the reaction time of the driver to changing road conditions.

• Traveling at high rate of speed triples the stopping distance. It also makes it difficult to safely stop a large object.

Regardless of the reason the results from an accident can be catastrophic. Significant injuries including death can results. As a Chicago injury lawyer, I have seen the devastation from truck related injuries. They can significant injuries such as head trauma and brain injury, spinal cord injuries, and internal organ damage. These injuries can completely change the lifestyle of the truck accident victim. Some injuries can adversely affect a truck accident victim for the remainder of their lives. Even minor injuries can go undetected for many years before the symptoms manifest into serious health conditions.

If you have sustained an injury due to a truck accident in Chicago or in the state of Illinois it is in your best interest to consult with a qualified truck accident lawyer.
An experienced Chicago truck accident lawyer will promptly investigate the details of your truck accident. This includes a site visit to the accident scene. It will be necessary to take photographs of the truck accident scene. Along with interview all witnesses to the event. It will be necessary to obtain the police report and the truck driver's log book. This is all necessary to determine the cause of the truck accident and who is liable for damages. The liable parties will then be pursued for the damages.

At Nemeroff law offices, we handle all types of truck accident cases. We have obtained millions of dollars in settlements and awards for our injured clients. The truck laws that are signed today have the goal of ensuring that safety of all drivers and pedestrians on the roads. The ultimate goal is to reduce the number of truck related fatalities and catastrophic injuries on our roads.