Chicago Personal Injury Lawyer Blog

May 22, 2013

Demand for Bike Sharing Programs Increases Across the Nation

As Chicago's Divvy bike sharing program prepares for a launch this summer, cities across the nation are doing the same. At the start of 2013, there were 22 major cities nationwide that had a bike sharing program similar to the one Chicago plans to use beginning in June. By 2014, that number is expected to double. 1621.jpg

Bike share programs are simple in concept: people who want to use a bicycle as transit or for pleasure can rent a bicycle for a specified length of time, use it as they please, and then return the bike when they are finished. Most programs, including Chicago's, allow cyclists to rent either by the hour or to become a subscriber, where a designated fee is paid for unlimited monthly or yearly use. The most common form of bike share program uses solar powered docking stations and allows cyclists to check out a bike from one station and return it to another station, simplifying the process for those who only need transit one way. This also allows for an automated system that can keep costs low, making bike rental affordable for many regardless of what city they call home.

The first major bike sharing program began in Tulsa, Oklahoma in 2007, though many credit the recent success experienced in Washington, D.C. for the proliferation of similar programs throughout the nation. The nation's capital is in the process of expanding their program into Virginia and anticipates having 3,700 bicycles and more than 300 docking stations by the end of the year.

As of May 2013, the five biggest bike sharing programs, in terms of the number of bicycles owned, were Washington, D.C.; Minneapolis/St. Paul, Minnesota; Boston, Massachusetts; Miami Beach, Florida; and Denver, Colorado. Chicago's program calls for 4,000 bicycles within the next year which would give it the largest number of bikes in a share program in the nation, assuming other cities do not expand in that time frame, but Chicago is expected to be surpassed by New York City. The Big Apple is in the process of initiating a bike share program with plans to incorporate 6,000 bicycles throughout the Manhattan and Brooklyn boroughs.

New York City is known for its bicycle traffic and the share program has been anxiously anticipated for some time due to several delays in its implementation, though it is scheduled to go live in just weeks, about the same time as Chicago. Chicago is in the process of adding significant bicycling attractions including designated bicycle lanes and increased bicycle parking throughout downtown which some think will increase the use and success of the Divvy program.

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May 21, 2013

Fractured Rail May Have Contributed to Train Collision

Two passenger trains collided in Connecticut on Friday, injuring more than 70 people and sending many to the hospital. Since the crash, authorities have been investigating the scene and the trains themselves in an effort to uncover the cause of the collision. 1417238_railroad.jpg

Authorities may have found a significant clue when they came upon a fractured segment of track near the area of the crash. It has been determined that the broken track was not caused by sabotage but it is not clear whether the fracture existed before the crash or was caused by the crash.

The area of the track at issue underwent repair work last month and has since been removed for analysis, which a derailing train crossed before it derailed and collided with a second train on Friday.

The crash occurred between two commuter trains during rush hour when an eastbound train from New York traveling to New Haven, Connecticut derailed and collided with a westbound train headed to New York. The crash injured dozens and several remain hospitalized today, including some in critical condition, though there have been no deaths thus far. The rail line between New York and New Haven is the busiest in the nation and serves 125,000 commuters each day.

The investigation originally began with local police and the FBI but now is run by the United States National Transportation Safety Board after a determination that there was no foul play involved. The Connecticut governor has stated that the train cars themselves are designed to the latest standards for passenger safety and it may be the first collision involving this type of car.

Though this collision occurred in Connecticut, it is similar to collisions that happen in Illinois every year. Illinois and particularly Chicago are known for heavy train traffic, including passenger trains, that provide commuter transit as well as travel for longer journeys.

Train tracks can fracture from time to time as regular train passengers know. Once stretch of train tracks frequented by Chicago commuters fractured twice in a matter of weeks during a cold spell earlier in 2013. While this merely caused delays and inconvenience to Chicago commuters, it could have caused derailments and other injuries.

In addition to fractured tracks, train collisions occur as a result of other factors, including inattentive drivers, broken signals, speeding trains, disregarding train traffic signals, and general negligence by the train conductor and/or dispatch crew.

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May 18, 2013

Cop Kills Pit Bull That Attacked Two in Chicago

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A loose pit bull in the Englewood neighborhood of Chicago attacked a 63-year-old man in the area of 59th Street and Eggleston Avenue Wednesday morning. The man reportedly sustained several puncture wounds and needed medical treatment at Christ Hospital, where he was expected to recover.

Onlookers called police for assistance when they saw the man being attacked by the dog. Before the officer arrived, the dog switched targets to a nearby 16-year-old sophomore who was walking to Urban Prep Academy, his high school. The dog bit the teenager in several spots including his right leg and foot. The officer yelled at the dog to get its attention, and when that failed, fired a shot at the pit bull.

The pit bull responded to the gun shot by running at the officer, who again fired at the dog, this time hitting and killing it. The officer helped get the teenager medical treatment at St. Bernard Hospital and Health Care Center where the teen received stitches and was later discharged.

While the sergeant was not injured by the dog today, he did respond to a call last week involving a different attacking dog and the sergeant was bitten in that incident.

Animal attack lawyers at Abels & Annes, P.C. filed a lawsuit this year in a very similar case. Our client was severely attacked by two pit bills on the South Side in 2012. He was saved when Chicago police arrived and shot & killed one of the dogs. The other was euthanized.

Our client sustained awful lacerations, underwent multiple surgeries and incurred hundreds of thousands of dollars in medical bills. His arms have significant permanent scarring due to the attack.

Illinois law holds an owner, harborer, or one in possession of a dog liable for any injuries the dog causes to another person. This includes medical bills incurred as a result of a dog attack or other damages you may incur. Any dog can turn vicious and attack but some breeds are more likely to cause injuries. Pit bulls, dobermans, and rottweilers often cause serious or fatal injuries due to their muscular builds and strong jaws. Attacks against children can be particularly violent since children are less able to defend themselves against a strong and determined dog that is set on attacking.

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May 17, 2013

Worker Killed at Northwestern University Construction Site

A 56-year-old man who was injured at a Northwestern University construction site on Thursday has died due to his injuries and police have launched an investigation. 1126967_timber_-_wooden_beams_yard.jpg

The man was working at an Evanston site when he was struck by a 16 foot long beam weighing 70 pounds, according to police. Early reports indicate that another worker maneuvering a crane struck the beam unintentionally with the crane, causing the beam to fall six stories. The victim was struck in the head and chest and was taken to NorthShore University Hospital where he succumbed to his injuries early Thursday morning.

The incident did not result in any other injuries but did cause work to be halted for an investigation. The Occupational Safety Health Administration ("OSHA") has announced that it will conduct its own investigation into the facility and the incident that cost this worker his life.

OSHA, a division of the United States Department of Labor, is designed to prevent workers from being injured or killed while on the job and does this by requiring employers to provide safe working environments. While most employees nationwide are covered by OSHA protocols, construction workers and construction sites have a separate and specific set of requirements that OSHA imposes. They require a working environment that does not pose a serious threat of harm as well as the presence of safety equipment and proper training and instruction of employees.

The law in Illinois provides that workers who are injured on the job, regardless of who is at fault, are entitled to certain benefits, including access to medical care and treatment, disability pay, and payment for any injuries sustained. Many employees believe that they do not have a case if they are responsible for their injuries but this is not a correct belief. Since the law is complicated but allows for a recovery in most situations, it is important that any injured employee speak with a knowledgeable personal injury attorney at soon as possible after an accident.

It is also important to note that work place accidents happen every day in all types of work environments. Injuries happen at sites with physical requirements, like lifting, bending, carrying, and moving products, but they also occur in more mundane environments, including an office. The nature of your job or the type of environment you work in does not determine whether or not you have a claim when you are injured.

When a law firm gets involved in this tragic case, they will thoroughly investigate whether there is a potential third-party lawsuit on behalf of the victim and his family. They look to see if any independent party (outside of the employer) committed any negligent act or acts that contributed to this accident.

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May 15, 2013

Chicago Driver Hits and Kills Bicyclist

A Chicago driver was traveling in the 7800 block of West Irving Park Road late Tuesday night when the driver struck an elderly bicyclist, killing him. The cyclist, an 83-year-old Chicago resident, was taken to Advocate Lutheran General Hospital where he was later pronounced dead. BIcycles.JPG

Both the driver and the cyclist were reportedly riding westbound on Irving Park when a collision occurred in the Dunning neighborhood. It is not clear exactly how the two collided but police have placed the driver of the car at fault and stated that the driver has been cited for failure to reduce speed to avoid a collision.

The area where this collision occurred is often traveled by bicyclists who are allowed to ride in the street with motorized vehicles. The road does not have a designated bicycle lane and therefore bicyclists are required to ride with other traffic, sharing the same lane and obeying the same traffic laws. The block of West Irving Park also has street parking in some areas which can make the lanes more narrow for both bicyclists and motorists as they travel.

This collision occurred at approximately 9:10 p.m. when darkness had set in the city. There is street lighting that lines much of the eastern side of the road but it is not as prevalent on the western side, meaning that the combination of the nighttime darkness and sparse use of artificial lighting should have put the driver on heightened alert to the presence of bicyclists. It does not appear that that was the case, unfortunately.

In 2011, there were 3,107 bicycle collisions in Illinois resulting in 2,912 injuries and 27 fatalities. Of those crashes, 469 occurred during darkness hours on roads with artificial illumination, meaning that this type of collision is all too common - more than one a day, every day, for the entire year.

The elderly are less likely to be involved in bicycle accidents because there are fewer elderly riders than there are younger riders. However when older individuals are struck while riding a bike, the injuries are often severe or fatal due to the vulnerable nature of the cyclist.


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May 14, 2013

Wrongful Death of Illinois Student Killed During Hazing

1171697_a_beer_in_a_pub.jpg A nineteen-year-old freshman at Northern Illinois University died last fall after a Pi Kappa Alpha pledge party. He and other pledges were quizzed about fraternity history and told to drink plastic cups of liquor. By ten p.m. some had consumed around 20 drinks. The nineteen-year-old student’s family claimed that the fraternity members made him consume a dangerous amount of alcohol while hazing him and then did not help him when he passed out. Like many other states, Illinois has strict anti-hazing laws. Across the nation, more than 1,800 college-age students (ages 18 to 24) die every year because of an alcohol-related event.

Found dead at the frat house the following morning, the nineteen-year-old student’s cause of death was a fatal heart arrhythmia caused by alcohol intoxication. The coroner said that his blood alcohol level was more than four times the legal driving limit at 0.351. Earlier in the evening, his blood alcohol level would have been 0.431.

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May 12, 2013

High Misdiagnosis Rates Afflict Illinois and the Nation

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We know that misdiagnosis occurs in family practice offices in Illinois, but before this year there were no comprehensive studies done to determine how often misdiagnosis occurs in a typical family practice in the United States. Recently an article was published in JAMA Internal Medicine revealing that in 190 cases in a family practice setting, a total of 68 unique diagnoses were missed.

In the study, researchers reviewed medical records of 190 occasions of diagnostic error. These were errors that happened between October 1, 2006-September 30, 2007. They were detected in two settings. The first setting was a large urban Veteran Affairs facility with 35 primary care providers. The second setting was a large private health care system with thirty-four family medicine primary care providers. The goal of the study was to determine what potential contributory factors can lead to misdiagnosis.

Researchers found that pneumonia, decompensated congestive heart failure, acute renal failure, cancer, and urinary tract infections were the most commonly missed diagnoses. Just under 79% of the misdiagnoses were related to “process breakdowns” in the encounter between patient and practitioner in the clinical setting, meaning there were many communications breakdowns. In 80% of the missed diagnoses, the doctors involved did not consider all possibilities and prioritize them appropriately, thereby missing the correct diagnosis.

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May 9, 2013

Researchers Create Program That May Aid Doctors in Diagnosing Concussions in Chicago and Nationwide

1361061_designing_on_a_tablet%20sxchu%20username%20admeijer.jpgFollowing the tragic suicide of a number of famous former professional football players, traumatic brain injuries have been increasingly making headlines in Chicago and elsewhere. As many as 3.8 million brain injuries are reportedly caused by playing sports every year across the United States. In addition, an estimated 300,000 victims are young athletes who are not playing the sport in a professional capacity.

A head injury may cause short or long-term loss of memory, headaches, loss of brain function, depression, and other symptoms. Too often, the symptoms associated with a traumatic brain injury are not easy to recognize. In response, a team of researchers from the Notre Dame University’s Computer Science and Engineering Department have reportedly developed a new technology designed to aid doctors in determining whether an injured athlete or other individual has sustained a concussion. The program is allegedly capable of analyzing speech patterns to determine in real time whether the speaker likely sustained a head injury. It is also designed to be used on a small, easy to transport computer tablet or smartphone so results can be obtained anywhere.

According to one of the technology’s creators, Professor Christian Poellabauer, nearly 90 percent of concussions go undiagnosed. He stated the portable technology has the ability to transform health care and may potentially reduce the overall impact of head injuries. Although the program may make the diagnosis of concussions easier in the future, the new technology is now being tested further with the assistance of James Moriarity, Notre Dame’s Chief Sports Medicine Physician.

Many high school athletes in Illinois and elsewhere suffer dangerous head injuries every year. Since 2011, all school boards in our state are required to adopt a concussion policy that complies with Illinois High School Association (IHSA) guidelines. In addition, the IHSA must provide all Illinois school districts with educational materials regarding the risks associated with concussions and other head injuries in children. Each school board’s current head injury policy must be provided in writing to student athletes prior to any participation in a school sporting event. This notice must also be signed by both parents and the athlete.

Sadly, a seemingly mild concussion may cause devastating and lifelong injuries for your son or daughter. Traumatic brain injuries in children are often caused by unexpected accidents as well as participation in sporting events. The victim of a brain injury may be eligible to receive compensation for any resulting disability, their medical costs, pain and suffering, and other damages. If your minor child suffered a preventable concussion or other head injury, you are advised to discuss your rights with a quality personal injury lawyer.

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May 6, 2013

Chicago Critical Mass Bike Ride Hits the Streets

What is Critical Mass in Chicago, and why is it cool?

Critical Mass, a worldwide movement to encourage bicycling for fun and transportation, takes place on the last Friday of every month. With warmer temperatures finally arriving in the city, Critical Mass is likely to involve thousands of cyclists every month, yet still many in Chicago do not have an understanding of what Critical Mass is and what it means for non-bicycling commuters.

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Critical Mass began in San Francisco in 1992. Since then, cyclists in cities across the globe have embraced the principles of Critical Mass and initiated their own rides. It derives its name from a practice in China where bicyclists wait to cross an intersection until there are enough of them to form a "critical mass," creating safety in numbers as the bicyclists cross.

There is no set leadership or organization to Chicago's Critical Mass. Anyone who wants to ride and participate is welcome to do so and the riders vote on designated paths to travel. The riders have met at Daley Plaza since 1997 and continue to meet there at 5:30 pm on the last Friday of every month where the riders take to the street and usually ride for three or four hours before disbanding.

I happen to be bicycle accident attorney, and my office overlooks Daley Plaza, so I love it. Once a month I sit there and watch literally thousands of bicyclists form a mass across the street from my office. I have never ridden in it, but I do on occasion go outside and take photos and video. It is really fun to watch.

Critical Mass is an opportunity for bike riders in the city to claim their right to ride in the streets in numbers too large to be ignored. The group attempts to stay together as much as possible because the large size means that motorists are less likely to attempt to weave in and out of the group as might happen with a smaller number of riders, making the event safer for all involved. Occasionally city police officers have been known to ride along with the group which has also increased safety.

Critical Mass claims to have no political association or statement to make; the riders are out simply to ride and promote bicycling as a means of transportation. All types of bikes can be seen as well as the occasional skateboarder and rollerblader but forms of motorized transportation, including motorized bikes and Segways, are discouraged.

Drivers, pedestrians, and unaffiliated cyclists might experience some delays if Critical Mass crosses their path on a Friday evening. The massers travel at five to 10 miles per hour, which is slow enough to bother some drivers. The sheer size of the group means that some intersections can be blocked for extended lengths of time and might force others to find an alternate route to their destination. If you come across a Critical Mass ride, you are encouraged to remain patient while the cyclists pass and only proceed when it is safe to do so. This will help prevent many accidents and near misses and keep everyone safe.

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May 3, 2013

Demolition of Asbestos-Contaminated Buildings in Illinois Can Lead to Injury

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According to the Associated Press, the Illinois Environmental Protection Agency recently announced that it has asked a court to enjoin Zidan Management Group and Dubai Construction from conducting demolition of a nine-story building in Chicago’s North Side. Once a mental hospital and hotel, the building was constructed in 1923, a time when asbestos use was very common in construction. According to the EPA, inspectors and the city discovered that Zidan and Dubai did not inspect, or handle and remove, the asbestos appropriately, resulting in high levels of asbestos contamination.

Asbestos is a mineral fiber that is used in certain products, including building materials, in order to create resistance to heat or corrosion. A few common places where it is located in some older homes are artificial ashes and embers, certain roofing and siding shingles, the floors around wood-burning stoves, plus hot water and steam pipes. Workers may be exposed to asbestos while constructing, renovating or demolishing a home or other building.

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May 2, 2013

Biker Hits Two Cyclists, Causes Violent Collision

A motorcyclist struck two bicyclists on Saturday as he rounded a semi-blind highway corner in California, and a viral YouTube video of the crash shows just how violent these collisions can be.

The video depicts a motorcyclist rounding a corner and coming upon two bicyclists riding in his same direction. The motorcyclist is unable to avoid the collision, rear-ends the first cyclist, and then continues forward and hits the second cyclist. The first cyclist hit flies over the motorcyclist and lands on his back, striking his head on the ground.

The collision took place along Mulholland Highway, a scenic two-lane highway originally constructed to connect the city of Los Angeles to the ocean. The area is very popular with motorcyclists and bicyclists alike because of the scenic views through the Santa Monica Mountains as well as the twists and turns that can make riding the area both challenging and entertaining. Local laws allow motorcyclists and bicyclists to ride in the area and require both types of riders to share the road with one another. However as this accident depicts, crashes often happen in the area, many caused by speeding or decreased visibility.

Police and paramedics responded to the scene and examined all three individuals involved in the collision, and fortunately it appears that there were no serious injuries. All three individuals were wearing helmets at the time of the crash and it is likely that the helmets prevented significant injuries to the face and heads of the riders, including the first cyclist whose head struck the ground with significant force.

Like Illinois, there is no California state law requiring all bicycle riders to wear helmets, though there are laws governing helmet use among minors. This crash shows the importance of wearing proper safety equipment when riding a bicycle in an area with heavy traffic and there is no doubt that helmets save lives. Despite the fact that nearly 70 percent of all fatal bicycle crashes involve head injuries, only about 20 to 25 percent of all bicyclists wear helmets.

Chicago is home to a large number of bicyclists who ride for both pleasure and transportation along the crowded roadways, making helmet use particularly important. In 2010 there were five fatal bicycle collisions in the city of Chicago alone with another 1,566 bicyclists suffering injuries in other crashes, many of which included head injuries.

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April 30, 2013

Supreme Court Justice Breyer Has Shoulder Surgery

Supreme Court Justice Stephen G. Breyer underwent surgery Saturday to replace his right shoulder, according to a Supreme Court spokeswoman. Justice Breyer injured his shoulder the prior day while riding his bicycle near the Korean War Veterans Memorial in Washington, D.C. Supreme%20Courtr.jpg

Justice Breyer has been injured in two collisions before, sustaining a broken collarbone, broken ribs, and a punctured lung from which he fully recovered. He is also expected to make a full recovery from his recent shoulder surgery.

Breyer's accident illustrates that bicycle injuries can be severe in some cases and even fatal. In fact there were 677 bicycle-related fatalities in 2011, which accounted for 2 percent of all traffic fatalities nationwide.

Bicycling can be a great form of exercise and transportation but it can also be dangerous. Collisions with other bicyclists, motor vehicles, and other hazards mean that cyclists must always be aware of their surroundings.

In Illinois, bicyclists are lawfully allowed to ride on the roads with motor vehicles and cyclists have all the rights and responsibilities of a driver when doing so, including following traffic laws, yielding the right-of-way, and traveling in a marked lane of traffic. However if an area has a specifically designated bike lane and/or traffic signals, bicyclists should adhere to the bicycle-specific directions.

Common injuries to bicyclists involved in collisions include broken bones, cuts and abrasions, injuries to the hands and wrists, shoulder injuries including to the rotator cuffs, and head injuries. Head injuries are common and can be some of the most threatening faced by bicyclists because of their severity and potential for permanency.

The most effective way to prevent a head injury while riding a bicycle is to wear a properly fitting helmet. To find an appropriate helmet, first measure your head for an approximate size and then visit a helmet retailer to try on a few helmets to find one that fits snugly. When a helmet is sitting flat on your head, it should not rock from side to side. Many helmets come with sizing pads to make the fit perfect for your specific head. The helmet should sit low on your forehead but far enough above your eyebrows to give you an unobstructed line of sight. Tighten the chin and side straps to make sure your helmet is secure and will protect you in the event of a collision.

Unfortunately a helmet cannot prevent all injuries bicyclists may experience in a collision. Therefore it is very important that a rider be aware of traffic at all times and ride defensively.

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