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Illinois bus crash attorney David Abels has resolved an injury claim with the Chicago Transit Authority.

The claim arose out of a collision which took place on October 9, 2010 at approximately 5:30 p.m. Our client was injured when a CTA bus he was a passenger in lost control, veered off the road, and collided with several trees. As a bus passenger, the CTA, a common carrier, owed the plaintiff the highest duty of care.

He was a passenger on the No. 6: Jackson Park Express CTA bus, which was driven by a CTA employee. At the time of the collision, the bus was moving southbound on Lake Shore Drive near Interstate Highway 55.

Our client alleged the CTA driver failed to keep a proper lookout, failed to stop and/or reduce his or her speed to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area.

Following the collision, the claimant had an immediate onset of knee pain and ankle pain. He was transported by ambulance from the scene of the accident to Saint Bernard Hospital‘s Emergency Department.

Upon arrival at the Emergency Department, a history was taken, he was examined, and diagnostic tests were performed. He initially complained of right leg pain, right ankle pain, left knee pain, left ankle pain, and right foot pain. X-rays were taken and the client was diagnosed with a left knee abrasion, right ankle sprain, left knee sprain, and possible right tibial fracture. Based on the findings, his right knee was immobilized and he was given crutches. He was prescribed pain medication and instructed to seek follow up treatment.

Due to ongoing and increasing pain, our client sought follow up medical care with a physician on October 12, 2010. There he complained of left knee pain, right ankle pain, and right foot pain. A history was taken and he was examined. A physical exam revealed left knee edema, pain on palpation of the medial aspect of the joint with some restriction of flexion and extension of the knee joint, right foot edema, and pain on palpation of the lateral aspect of the right ankle with limited range of motion. The doctor noted a possible left knee fracture or torn cartilage. He was diagnosed with a left knee contusion, right ankle sprain, and right wrist contusion. the physician ordered him off work pending a follow up visit. He also ordered a MRI of his left knee and x-rays of his right wrist, prescribed pain medication and recommended physical therapy.

On October 18, 2010, MRIs of his right wrist and left knee were taken. The MRI of the left knee found prominent marrow contusion within the medial femoral condyle, diffuse edema within the superficial soft tissues anterior to the knee, knee joint effusion, and fluid surrounding his MCL compatible with a grade I sprain.

On October 29, 2010, the plaintiff returned for follow up treatment with a medical doctor. At that time he complained of right wrist pain and left knee pain, as well as tenderness and swelling of the right ring finger. The physician noted a right wrist contusion and left knee contusion. At that time, he was allowed to return to work and discharged him as having reached maximum benefit.

Per his physician’s instructions, our client attended five sessions of physical therapy.

The case settled for $13,500 out of court, saving our client the time and expense of litigation.
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Drivers are urged to prepared, according to the Illinois Department of Transportation. Unfavorable driving conditions are on the horizon and risks for car accidents in Chicago will be increasing as we head into the New Year. The Illinois Department of Transportation (IDOT), the Illinois State Police (ISP), and Illinois Tollway officials have teamed up to ensure the readiness of the state’s winter crews and their emergency equipment; all hands are making sure they’re ready for what’s to come in the winter season — snow and ice.”The historic snowfall amounts last year tested IDOT’s relentless 24/7 operation,” said Acting Illinois Transportation Secretary Ann Schneider.

Our Illinois car accident attorneys understand that transportation departments have a responsibility to keep our roadways in safe driving conditions. However, the IDOT, ISP and Illinois Tollway are reminding motorists that drivers have a responsibility, too. When the weather changes and our roadways become more dangerous, drivers are asked to buckle up, slow down accommodate snow plows and keep an emergency kit in their vehicles. IDOT says safety should always be a number one priority on our roadways.

During this winter season, there will be nearly 3,700 workers and about 1,750 pieces of equipment ready to be deployed. In 2009, nearly $85 million was spent removing the snow and spreading more than 562,200 tons of salt on our roadways.

Every winter, the ISP, the Tollway and the IDOT urges drivers to work together to keep our roadways safe.

The Illinois Tollway will have more than 400 workers with nearly 200 snow removal devices ready to tackle the fallen snow and ice storms along the 286-mile Tollway system throughout Northern Illinois. Right now, the Tollway has roughly 80,000 tons of salt and some other snow-removal items, including angular crushed stone and liquid calcium chloride. The Tollway typically uses more than 84,000 tons of salt during a winter season.

Kristi Lafleur, Illinois Tollway Executive Director, says that drivers need to be prepared and cautious on our roadways during the upcoming winter season. She reminds drivers to slow down and to call *999 if they and need of H.E.L.P. as the Illinois Tollway is here to help.

Safe Winter Driving Tips:

-Never crowd a plow. These drivers deal with restricted vision and may not see you.

-Keep an eye out for black ice. Drive slowly through intersections, bridges, off-ramps and other areas prone to black ice.

-Make sure you always have more than a half a tank of gas to prevent freezing.

-When snowy and icy, don’t travel unless you absolutely need to.

-Keep an emergency kit in your car.

-Always wear your seat belt.

-Keep a cell phone and a charger in your car.

-Check Illinois travel conditions before venturing out.
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As the year winds down, it’s time to start thinking about the holidays and the year’s year-end shopping blitz. It’s also a good time for a reminder to check with the Consumer Products Safety Commission (CPSC) for defects and recalls, especially when dealing with products for children.

Recalled items are defective and can result in serious injury in Chicago and elsewhere. It’s important for consumers to check out the recall list from the CPSC year round. Many items on this list are common household products or are popular children’s toys.Our Chicago defective product attorneys understand that consumers may not always know about recalls. The CPSC is charged with protecting consumers from products with known defects. The agency notifies the public about products that pose mechanical, chemical, electrical, fire and other various hazards. But too many defective products go undetected. Others must injure or kill consumers before a recall is issued.


Recent recalls that may affect your family:

Children’s Frog Masks

Nearly 3,500 masks have been recalled from Target stores around the country. When the frog mask is on your child’s face, the CPSC has determined that it poses a serious suffocation threat. This item has the UPC code 06626491474, which can be found on the tag that is attached to the mask. They were sold at Target stores from August to September of 2011.

Lithium-Poly Battery Pack from Electric Motion Systems, LLC

This item has been recalled because it could cause a potential fire hazard because the battery can overheat. About 70 were sold. The batteries that fall under this recall have the EMS# 11819-101 and have a serial number between 10001 and 10200. The items were sold at bike shops around the country and on the company’s website. They were sold from October of 2009 to November of 2010. They cost between $900 and $2,700.

Twist ‘n Sort Toys by Guidecraft

These items were recalled because they can be a choking hazard for small children. Nearly 1,000 were sold from specialty stores, online and from catalogs from September of 2009 to November of 2010. The toys cost about $20.

LittleLife Baby Carriers by Lifemarque

LittleLife Discoverer Child Carriers is recalling carrier because they were sold without the proper bolts used to attach the main frame to the metal stand. Without these bolts, the two can disconnect and pose a fall hazard to children. The items were sold in 40 states and in Canada. The recall applies to models LS55060. This number can be found on the care label. They were sold from January 2011 to July of 2011.

Many more items are on the list and parents and consumers of all ages are urged to check the CPSC website, particularly when making a new purchase.
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Media outlets throughout the Chicago area continue to report the $3.2 million sex abuse settlement against the Catholic church, which was secured by the Chicago personal injury law firms of Abels & Annes, P.C. and Hilfman & Martin, P.C. $300,000 of the settlement is to be placed in escrow for services.

ABC7 News reports convicted pedophile and former Roman Catholic Priest Daniel McCormack sexually abused the boy, who was a poor kid from a single-parent home who was looking to the church for safety and security.

The abuse in this case perpetrated by McCormack occurred when the boy was in grades 5 through 7. Now 18, he hopes to use some of the settlement to go to college.

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Attorneys from Hilfman and Martin; Abels & Annes personal injury firms win major settlement in case tied to former Rev. Daniel McCormack.

Chicago — Chicago plaintiff lawyers Hilfman & Martin P.C. and Abels & Annes P. C. have settled a claim against the Archdiocese of Chicago, Cardinal George, and the Catholic Bishop of Chicago involving sexual abuse of a minor boy by former Rev. Daniel McCormack in the amount of $3.2 million dollars, $300,000 of which is to be placed in escrow for services. The identity of the plaintiff and his family are confidential.

The victim sued the Archdiocese of Chicago and Cardinal Francis George in 2007. He alleged that they failed to remove their priest, Rev. Daniel McCormack, from access to children although they had knowledge that McCormack had sexually abused minors. McCormack was arrested in January 2006, charged with multiple counts of criminal sexual assault and subsequently pleaded guilty to those charges in 2007. The plaintiff in this case is one of the victims for which McCormack pled guilty.

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With the recent daylight savings change, we all gained an hour of sleep, but we also gained some increased risks for car accidents in Chicago and elsewhere. According to a recent podcast from Dr. Val Jones with Healthy Vision, driving during the evening hours increases our risk for an accident.

As the sun sets earlier, drivers are hitting the evening rush hour with some serious risks for an accident. According to a recent study conducted by Road and Travel Magazine, about one in every three drivers admit to having trouble seeing all or most of everything while driving in the dark.Optometrist Dr. Cristina Schnider says that drivers who have perfect vision even suffer from drastic reduction in visibility during the evening hours. During this time, pupils enlarge and eyes wander around because there isn’t as much to focus on. Judging distance during this time is difficult because the eye typically will pull in an object to focus on. This object is usually the windshield. Unfortunately, many drivers don’t adjust their driving skills to compensation for these limitations and that’s how accidents happen.

It’s important to see and focus on what is beyond to windshield. Our Chicago car accident attorneys understand that color is more difficult to see during the nighttime, especially in your peripheral vision. Dr. Schnider says that you really only pick up motion in peripheral vision during the evening. For this reason, it’s important to scan your surroundings often. John Ulczycki of the National Safety Council also outlined the risks motorists face on our roadways at night.

Ulczycki says that reaction time and visibility is greatly reduced after dark. According to the National Safety Council, about a quarter of travel happens when it’s dark out and nearly 50 percent fatal car accidents happen at night. Ulczycki says that drivers oftentimes have a misconception of risk while driving at night. People see fewer hazards during the evening because of visibility reduction. He says that drivers don’t adjust their driving skills to compensate for this reduction.

Drivers oftentimes complain about the glare on the windshield and the affect it has on their ability to see the roadway. According to Ulczycki, you should never focus on a vehicle’s headlights. It’s important for you to look above the headlights of the oncoming car. This will help to maximize your ability to see and your ability to keep an eye on your surroundings.

Dr. Jones and Ulczycki go on to discuss the dangers that our young, teen drivers face on our roadways at night. The per mile accident rate is three times higher for teen drivers after 9:00 p.m. than during the day. This rate is so much higher because, like other drivers, they have reduced visibility at night. The difference between teen drivers and veteran drivers is that the older, more experienced drivers have dealt with this type of driving before. While they’re still at risk, these older drivers have more knowledge and experience in handling these situations.

Ulczycki urges parents to spend time with their teen drivers during nighttime driving. Start with quiet residential areas and move your way to expressways. It’s important for parents to be confident in their teen’s driving skills before unleashing them on the roadways.

It’s no secret that driving is more difficult and more dangerous during the evening hours. With the recent turn back of time, drivers are spending more time on our roadways during dark hours. Drivers are urged to be cautious, to be alert and to be safe when driving during the evening.
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As we recently reported on our Chicago Car Accident Lawyer Blog, the risks of car accident are expected to increase as we finish up 2011. Kids will be getting out of school for winter break, visitors will be flocking to the city and residents will be venturing out on holiday vacations. Adding snowy and ice roadways to these conditions makes matters even worse. With all of the holiday vacations planned, we can expect there to be some exhausted drivers on our roadways.Our Chicago car accident lawyers would like to talk with you about Drowsy Driving Prevention Week. This is a week-long campaign that is put on by the AAA Foundation for Traffic Safety and the National Sleep Foundation. This week-long campaign aims to educate and raise awareness in drivers about the dangers of fatigued driving. Drowsy drivers contribute to one out of every six fatal accidents and one in eight accidents resulting in injury. These accidents are 100 percent preventable. The trouble is getting drivers to recognize the symptoms, to understand the risks and to ultimately stop driving dangerously.

“Many of us tend to underestimate the negative effects associated with fatigue and sleep deprivation,” said Kathleen Marvaso, a vice president with AAA.

Drowsy driving-related accidents take the lives of more than 1,500 people, injure another 71,000 and contribute to more than 100,000 accidents every year. These accidents cost more than $12 billion annually.

A recently released study from AAA concluded that even though more than 95 percent of drivers see drowsy driving as completely unacceptable, more than a third admitted to doing it themselves at least once in the last 30 days.

“People know that they shouldn’t text or drink when they drive, and that’s great,” says David Cloud, CEO of the National Sleep Foundation. “However, many don’t realize that driving while drowsy is also very dangerous.”

A poll from the National Sleep Foundation concluded that one out of every ten drivers between the ages of 15- and 46-years-old admitted to driving while drowsy once or twice a week.

Driving while drowsy can drastically hinder your driving abilities. It can slow your reaction time, it can impair your vision, in can slow your ability to process information and it can cause lapses in judgment. Many studies conclude that a driver who has been awake for 20 hours has the same abilities as a driver who is legally drunk.

You may be drowsy and should probably pull over if you:

-Feel irritable.

-Have trouble keeping your eyes open.

-Have trouble keeping your head up.

-Can’t remember the last couple miles you’ve driven.

-Are daydreaming.

-Yawn excessively.

-Swerve in and out of your lane.

-Miss traffic signs, traffic lights, turns and exits.

-Feel restless.

-Feel aggressive.

If you feel any of the symptoms listed above, you’re urged to pull over, get some rest, take a break from driving or switch with a passenger.

To help prevent getting drowsy at the wheel, be sure to stop and take a break after every 2 hours or every 100 miles of driving, get plenty of sleep (at least seven hours) before taking a long road trip and never drive during times when you’d normally be sleeping. These accidents are preventable, but it takes an educated driver to recognize the symptoms, to properly assess the situation and to make the proper moves to correct it.
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Amid the continued fallout at Penn State University over the sexual abuse of minors scandal that has recently come to light, football coach Joe Paterno has been dismissed, according to the Washington Post and many other media outlets. The decision was made last night by the school’s board of trustees and the move was made public at a news conference and a Happy Valley area hotel.

The Board of Trustees also decided to dismiss the university president as well. So far four school administrators have been fired due to the scandal which started when Jerry Sandusky was recently arrested on allegations of sexually abusing at least eight boys between 1994 and 2009. Sandusky was Penn State footfall’s defensive coordinator for many years under Joe Paterno, until he unexpectedly retired in 1999 at age 55.

After the announcement was made, large groups of students took to the streets of campus, tearing down lampposts and knocking over a news van. Another more subdued crowd gathered in front of the coach’s house just off of campus.

Paterno had been head coach at Penn State since 1966 and has won an NCAA record 409 games, including two national titles.

While the horrific events that went on at the University involving sexual abuse are still unclear and many of the reports differ, Chicago sex abuse attorneys at our firm hope the story shines a spotlight on the issue and the tragic consequences for the victims.

According to the American Academy of Children & Adolescent Psychiatry, sex abuse of a child has been reported up to 80,000 times per year, however the number of unreported abuse cases is far greater. This is often due to a child being afraid to report what has occurred.

After being abused, a minor can develop many different problems and negative behaviors. Victims often develop low self-esteem, become withdrawn and mistrustful of adults, and can also become suicidal. Later in life abused children are much more likely to abuse drugs and alcohol, and experience many different issues regarding their sexuality.

The Penn State scandal also highlights the need to come forward and report suspected child sex abuse to the proper authorities. If you see something, say something. Often, the person reporting the abuse will be taking a great step forward in preventing other children from suffering the same consequences. Most often an abuser will not have one victim, but will have many victims over many years.

Illinois priest abuse lawyers at our firm often hear from victims that they feel like their childhoods were taken away from them. Our office is currently working on several sex abuse cases, most of them against the Chicago Archdiocese.
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Illinois auto accident attorney Gary Annes has resolved a claim on behalf of a Will County resident for $59,000. The claim arose out of an Illinois auto accident which took place in the area of Weber Road and Grand Haven Circle in Romeoville, on June 15, 2010 at approximately 2:24 p.m. The plaintiff was injured when the automobile she was driving was involved in a multiple car chain reaction rear end collision caused by a vehicle driven by a negligent motorist.

Our client was driving southbound on Weber Road. Traffic in front of the plaintiff came to a stop and she stopped for the traffic in front of her. There were vehicles stopped in front of her and a vehicle stopped behind her.

The defendant failed to stop and/or reduce the speed of his vehicle and rear-ended the vehicle stopped behind our client. The force of the initial impact propelled that vehicle into the plaintiff’s vehicle, and the force further pushed her car into the vehicle in front of her.

The Romeoville Police Department responded to the scene of the accident. After speaking to all the parties involved in the collision, the investigating officer placed the defendant at fault for the collision. He admitted to the investigating officer that the collision was caused because he did not notice that traffic had stopped in front of him until it was too late. The investigating officer issued traffic citations based on the drivers admission for driving too fast for traffic conditions and failure to reduce the speed of his vehicle.

The at fault driver failed to keep a proper lookout, failed to stop and/or reduce the speed of his vehicle to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area.

Based upon the facts and circumstances surrounding the occurrence at issue, we argued to the defendant’s insurance carrier that it was clear that the sole proximate cause of the collision was the negligent conduct of their insured.

Following the collision, the plaintiff had an immediate onset of neck pain, back pain and chest pain. That same day, she was seen at the Edward Hospital‘s Emergency Department. There she complained of right sided neck pain, back pain, chest pain and pain in the iliac area. She was diagnosed with cervical strain, right iliac crest pain, and a chest wall contusion.

Over the next few days, her pain increased significantly. On June 21, 2010, she sought follow-up treatment at a chiropractic office. She was still having back pain and neck pain. She was also suffering from severe headaches, left leg pain and left ankle pain. She started therapy, which consisted of spinal adjustments, electric stimulation, and ultrasound. After three days of treatment, our cleint realized that her injuries were severe so she decided to get a second opinion from an orthopedic physician.

My client next treated with a medical doctor in Naperville in June 2010. At that time, she had complaints of neck pain, back pain, left leg pain, and left ankle pain. The physician ordered cervical and lumbar MRIs, as well as an MRI of her left ankle. The scans showed the plaintiff had sustained disc bulges at 2 cervical levels and one bulge at her lumbar level.

After receiving the MRI results, the client was next seen at a physical therapist’s office in July, 2010. At that time, she was still having complaints of neck pain, back pain, headaches, left leg pain, and left ankle pain, which caused very limited and painful mobility. A physical exam found that the lower back pain caused radiating pain to her left lower extremities as well as her posterior right thigh. At that time, she started a course of physical therapy that consisted of manual therapy, electric stimulation, ultrasound therapy and therapeutic exercise. She completed ten (10) sessions of physical therapy.

On July 20, 2010 the plaintiff was seen by another medical doctor. She was diagnosed with low back pain, lumbar radiculopathy, upper back pain, cervical radiculopathy and neck pain. The doctor recommended additional physical therapy and epidural injections.

She began an additional course of physical therapy. Her treatment consisted of manual therapy, therapeutic exercises, neuromuscular reeducation, ultrasound and electric stimulation. She attended twenty-one (21) sessions of therapy which ended on December 1, 2010. She also underwent several epidural steroid injections.

In addition to the $59,000 settlement, we were able to collect over $16,000 in medical payments from her own auto insurance policy, bringing her grand total to over $75,000.
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The National Transportation Safety Broad (NTSB) recently released a report that concluded that you’re seven times more likely to be involved in a fatal bus accident in Chicago and elsewhere on a curbside bus than on a traditional terminal bus. The six-month study was ordered after a string of fatal crashes, including a Bronx busing accident in March that killed 15 passengers and injured another 18. The study proved that safety officials are having a tough time keeping up with regulating of these popular buses.”Business and safety practices within the growing curbside bus industry create challenges for enforcement authorities and consumers alike when it comes to separating the safe operators from the unsafe operators,” NTSB Chairman Deborah A.P. Hersman.

Our Chicago bus accident attorneys understand that these cheaper curbside buses are harder to track down for safety inspections because they don’t run out of typical terminals. Another factor hindering the regulation of these buses is the ticket sales. Tickets for curbside buses are sold through online brokers. Unfortunately, the Federal Motor Carrier Safety Administration (FMCSA) doesn’t have the right to control or monitor these sales.

With the release of this report, investigators and federal officials can now examine the information and look for a starting point to start better regulating these carriers.

Curbside buses typically run on scheduled paths and start and end at spots that aren’t terminals where passengers are boarding or exiting. These buses also have more than one stops instead of one starting stop and one destination. Through this report, the FMCSA conducted compliance reviews, focus groups, interviews and various observations in search of information to help them to more efficiently rate the safety of these popular buses.

Findings of the study include:

-Curbside carriers that have been in business for less than 10 years and have fewer than 10 buses are much more likely to be in an accident and much more likely to fail an inspection and a review than a traditional bus.

-Accident statistics from 2005 to March of 2011 concluded that curbside buses were involved in seven times as many accidents as conventional bus operations.

-Curbside buses are harder to stop for inspections because they don’t typically have a “bus barn” or a terminal.

-There aren’t enough inspectors. There are only about 900 FMCSA personnel who can inspect buses and more than 765,000 buses. That means that ever 1.15 investigators has to inspect about 1,000 buses.

-Bus driver fatigue was reported as a top cause for bus accidents.

-Many drivers were cited for violations including language barriers and language discrepancies.

Since March, there NTSB has investigated five separate busing accidents. These accidents took the lives of more than 20 people and injured nearly 160 more.

When a passenger boards a bus, they should be thinking about their safety and the reliability of the bus and the bus’ driver. Unfortunately, these cheaper bus rides don’t provide passengers with the safest rides. Travelers are urged to look into busing companies before choosing one to ride with.
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