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Thanksgiving Holiday Safety 2011 – Click It or Ticket It Campaign On Illinois and Indiana Roadways

November 22nd, 2011 by admin

Thanksgiving 2011 is here already and there’s lots of safety tips out there for you.  For instance:

However, there are going to be some folk out and about over the Thanksgiving holiday to make sure that you’re safe — this year, once again, police agencies all over Illinois and Indiana and the Midwest will be making sure that seat belts are being used as part of traffic safety as part of a national Click It or Ticket campaign, which will run November 24 – 27, 2011.

“Police agencies throughout the Midwest are joining together this Thanksgiving holiday with one simple goal – to get motorists to buckle up, which will save lives on our roadways,” said Michael Witter, Regional Administrator for the National Highway Traffic Safety Administration. “We want all motorists to arrive at their destinations safely. While law enforcement officials will tell you that issuing tickets is never a pleasant experience, having to notify next of kin following a fatal crash is by far a worse scenario,” stated Witter.

State Police from Illinois, Indiana, Michigan, Minnesota, and Ohio are participating in the holiday mobilization according to the NHTSA.

In Illinois, it’s being publicized as Buckle Up Illinois and it’s being implemented alongside the state’s Drive Sober Illinois program with the state’s department of transportation running the show.  From the Illinois Department of Transportation, yesterday, the following news release:

With heavy traffic expected over Thanksgiving weekend and to boost roadway safety, the Illinois Department of Transportation (IDOT) today kicked off the Click It or Ticket and Drive Sober or Get Pulled Over mobilization with Illinois State Police (ISP) and local law enforcement agencies statewide. By the end of the weekend, Illinois motorists could see over 1,700 safety belt enforcement zones and 40 roadside safety checks conducted by over 200 law enforcement agencies, all with a special focus on safety belt violations and impaired driving during nighttime hours.

“Traffic safety is a central and inseparable focus of IDOT’s strategic mission- to provide safe, cost-effective transportation for Illinois in ways that enhance quality of life, promote economic prosperity, and demonstrate respect for our environment,” said Acting Illinois Transportation Secretary Ann Schneider. “During Thanksgiving weekend, IDOT and law enforcement agencies throughout the state will strongly promote safe driving by reminding motorists to buckle up and drive sober, every trip, every time.”

State and local law enforcement agencies are joining IDOT’s efforts to improve highway safety by removing impaired drivers, citing motorists who text while driving, and ticketing motorists who drive unbuckled.

During the holiday period, the Illinois State Police will patrol the interstates and conduct details directed at the Fatal Four moving violations, while placing a special emphasis on driving under the influence (DUI) and speed enforcement. The goal of the coordinated effort is to reduce traffic crash fatalities, promote safe driving habits, and discourage impaired driving, distracted driving and other unsafe driving behavior.

IDOT and law enforcement are also reminding motorists that, effective January 1, 2012, all vehicle occupants including back seat passengers will be required to wear safety belts, and children within appropriate age groups are to be properly restrained in child safety seats while traveling. Previously, the law applied only to drivers, front seat passengers and children. IDOT and law enforcement officials continue to encourage motorists to not wait until January 1 to ensure that everyone in every seating position is safely and properly restrained when traveling.

Illinois crash data over the last eight years (2003-2010) shows that back seat passengers who were killed in crashes were almost twice as likely as front seat passengers to be unbuckled.

During Thanksgiving in Illinois last year, 15 people died in motor vehicle traffic crashes and nine of those deaths involved a drinking driver. In addition, 743 people were injured. Many tragedies could have been prevented if all motorists had made the right choices before hitting the road.

Posted in Auto Accidents, Bus Crashes, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Transportation, Wrongful Death | No Comments »

Distracted Driving Laws May Get Even More Stringent After DOJ Releases Info on Successful Law Enforcement Pilot Program “Phone in One Hand, Ticket in the Other”

July 14th, 2011 by admin

The Department of Justice reports that pilot programs held in New York and Connecticut have resulted in a significant decrease in distracted driving accidents, with U.S. Transportation Secretary Ray LaHood calling the results “dramatic.”

Pilot Programs in Syracuse and Hartford Fight Against Texting and Cell Phone Use While Driving

Two cities were chosen as the locations where the government would experiment with increased law enforcement targeting texting and cell phone use by drivers along with a big public education media campaign to educate the two communities on the dangers of texting or talking on the phone while driving a car, truck, SUV, minivan, etc. 

And by “law enforcement targeting,” we mean giving lots of traffic tickets.

“These findings show that strong laws, combined with highly-visible police enforcement, can significantly reduce dangerous texting and cell phone use behind the wheel,” said U.S. Transportation Secretary Ray LaHood. “Based on these results, it is crystal clear that those who try to minimize this dangerous behavior are making a serious error in judgment, especially when half a million people are injured and thousands more are killed in distracted driving accidents.”

Federal Government and State Governments Shared Costs of the Pilot Programs

For each of the test runs, in New York and Connecticut, the Department of Justice put in $200,000 in federal funds with the state adding another $100,000 to cover the costs of increased police efforts as well as media costs (ads in the local newspapers, on the local television stations, etc.) They didn’t start from square one, however: costs were cut by mimicking the “Click It of Ticket” campaign as these two cities held their “Phone in One Hand, Ticket in the Other” distracted driving campaign.


National Highway Traffic Safety Administration (NHTSA) Studies Success of the “Phone in One Hand, Ticket in the Other” Pilots

The NHTSA surveyed public awareness at the Syracuse and Hartford driver licensing offices and their findings include:

  • In Syracuse, New York, because of high-visibility enforcement -– both handheld cell phone use and texting behind the wheel have declined by 33%.
  • In Hartford, Connecticut, where researchers initially identified drivers talking on their cell phones at twice the frequency (which left more room for improvement), there was a 57 percent drop in handheld use and texting behind the wheel dropped by nearly three-quarters.

Based on these numbers, the NHTSA is already promoting the implementation of these campaigns across the country, pushing for “Phone in One Hand, Ticket in the Other” campaigns with state legislatures, law enforcement agencies, and consumer safety advocates as well as manning its own Distracted Driving website at www.distraction.gov.

Which means that if states are willing to spend the money, there will lots more police pulling people over for using their cellphone while driving to give them tickets that will vary in cost depending upon which authority is issuing the traffic violation.   Be careful out there.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Spinal Injuries, Sports & Boating Accidents, Transportation, Work Related, Wrongful Death | No Comments »

Indianapolis I-69 Construction Serves as Good Reminder of the Real Dangers of Road Work Hazards to Workers and Drivers

July 5th, 2011 by admin

WTHR of Indianapolis (Channel 13) is reporting that the big Indiana Department of Transportation project to renovate I-69 is about to cause a lot of commuter headaches in Fishers, as a major bridge project begins this week and isn’t projected to be completed until around Thanksgiving. Anyone driving I-69 near 126th Street is going to be diverted, regardless of which direction they are going, and 126th Street will be closed to traffic sometime soon.

What’s happening?

Here, the bridge is being widened from two lanes to four lanes each way. They are also putting in a lane for bicycles, and another lane for pedestrians. (Statewide, I-69 has been the subject of a major expansion since March 2004, when the Federal Highway Administration (FHA) okayed an interstate corridor for I-69 running between Evansville and Indianapolis.)

First things first, you’ll see crews with reflective vests putting up those concrete barriers along with the orange cones and barrels — these aren’t so much to reroute traffic as protect the construction workers on the job.

Road Hazards Can Cause Worker On the Job Injuries as well as Car Accidents and Traffic Pile Ups

The I-69 / 126th Street Bridge Construction Project gives a great example of the dangers of road construction and road hazards. This highway construction project, just like any road work, will bring cars, SUVs, trucks, big rigs, and other moving vehicles, very close to highway construction workers — at times, they will be extremely closed to each other. Construction workers die every year from work zone accidents, and they are particularly vulnerable to driver distraction.

Another danger in these kinds of construction projects are road hazards that can cause car crashes. Construction sites, however well tended, can have debris on the road which drivers may have to swerve to avoid hitting, or may run over causing a loss of control of their vehicle.

Let’s be careful out there!

Posted in Auto Accidents, Bus Crashes, Construction Injuries, Illinois Wrongful Death, Job Site Injury, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Spinal Injuries, Transportation, Work Related, Workers’ Compensation, Wrongful Death | No Comments »

Good Samaritan Laws in Illinois and Indiana: Do You Risk a Lawsuit If You Stop to Help Someone at the Scene of an Accident?

April 28th, 2011 by admin

You’re driving home from work, or maybe it’s the end of a long weekend and you’re part of a parade of cars filled with families returning home. Or maybe you’re at work. In a mine, in a mill, on a train, or in a factory.  You could even be at school, or at the stadium for a game.

Suddenly, without warning: there’s an accident. A serious, scary accident where someone is seriously hurt. They’re in need – and if someone doesn’t help them, they may die.

This scenario becomes reality every day, in every state, in this country. Tragedies happen. Shockingly, however, not every state protects its citizens in the same way when they step up to render aid in an emergency. In fact, without Good Samaritan Laws in place, these do-gooders were sometimes later sued (yes, sued) for trying to help in a crisis.

For example, this winter in Fort Wayne, Indiana, there was a horrific car crash and an off-duty state trooper stopped to help the woman trapped inside her car.  It was only when a stranger, an ordinary citizen and good guy, stopped to help the trooper that they were able to set the woman free.

Illinois Good Samaritan Law

In 2011, the Illinois Good Samaritan Act was amended to clarify that the Illinois General Assembly’s purpose in passing the law was to ” …establish numerous protections for the generous and compassionate acts of its citizens who volunteer their time and talents to help others. These protections …shall be liberally construed to encourage persons to volunteer their time and talents.”

The overall Good Samaritan Law for Illinois is found in 210 ILCS 50, where it provides:

Sec. 3.150. Immunity from civil liability.

(a) Any person, agency or governmental body certified, licensed or authorized pursuant to this Act or rules thereunder, who in good faith provides emergency or non‑emergency medical services during a Department approved training course, in the normal course of conducting their duties, or in an emergency, shall not be civilly liable as a result of their acts or omissions in providing such services unless such acts or omissions, including the bypassing of nearby hospitals or medical facilities in accordance with the protocols developed pursuant to this Act, constitute willful and wanton misconduct.
(b) No person, including any private or governmental organization or institution that administers, sponsors, authorizes, supports, finances, educates or supervises the functions of emergency medical services personnel certified, licensed or authorized pursuant to this Act, including persons participating in a Department approved training program, shall be liable for any civil damages for any act or omission in connection with administration, sponsorship, authorization, support, finance, education or supervision of such emergency medical services personnel, where the act or omission occurs in connection with activities within the scope of this Act, unless the act or omission was the result of willful and wanton misconduct.
(c) Exemption from civil liability for emergency care is as provided in the Good Samaritan Act.
(d) No local agency, entity of State or local government, or other public or private organization, nor any officer, director, trustee, employee, consultant or agent of any such entity, which sponsors, authorizes, supports, finances, or supervises the training of persons in the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid in a course which complies with generally recognized standards shall be liable for damages in any civil action based on the training of such persons unless an act or omission during the course of instruction constitutes willful and wanton misconduct.
(e) No person who is certified to teach the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid and who teaches a course of instruction which complies with generally recognized standards for the use of cardiopulmonary resuscitation, automated external defibrillators, or first aid shall be liable for damages in any civil action based on the acts or omissions of a person who received such instruction, unless an act or omission during the course of such instruction constitutes willful and wanton misconduct.
(f) No member or alternate of the State Emergency Medical Services Disciplinary Review Board or a local System review board who in good faith exercises his responsibilities under this Act shall be liable for damages in any civil action based on such activities unless an act or omission during the course of such activities constitutes willful and wanton misconduct.
(g) No EMS Medical Director who in good faith exercises his responsibilities under this Act shall be liable for damages in any civil action based on such activities unless an act or omission during the course of such activities constitutes willful and wanton misconduct.
(h) Nothing in this Act shall be construed to create a cause of action or any civil liabilities.

Indiana Good Samaritan Law

Indiana’s Good Samaritan Law is not the same as that of Illinois.  Indiana focuses upon protecting emergency medical professionals, whether they are licensed in Indiana or elsewhere, as they do their work at the scene of an emergency.

Indiana’s Good Samaritan Law is found at IC 16-31-6-1, where it provides:

IC 16-31-6
Chapter 6. Immunity From Liability

IC 16-31-6-1
Emergency medical technician services
Sec. 1. (a) A certified emergency medical technician or a certified emergency medical technician-basic advanced who provides emergency medical services to an emergency patient is not liable for an act or omission in providing those services unless the act or omission constitutes negligence or willful misconduct. If the emergency medical technician or emergency medical technician-basic advanced is not liable for an act or omission, no other person incurs liability by reason of an agency relationship with the emergency medical technician or emergency medical technician-basic advanced.
(b) This section does not affect the liability of a driver of an ambulance for negligent operation of the ambulance.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003, SEC.33.

IC 16-31-6-2
Use of defibrillators
Sec. 2. (a) Except for an act of negligence or willful misconduct, a certified first responder who uses an automatic or semiautomatic defibrillator on an emergency patient according to the training procedures established by the commission under IC 16-31-2-9 is immune from civil liability for acts or omissions when rendering those services.
(b) If the first responder is immune from civil liability for the first responder’s act or omission, a person who has only an agency relationship with the first responder is also immune from civil liability for the act or omission.
As added by P.L.2-1993, SEC.14.

IC 16-31-6-3
Advanced life support
Sec. 3. An act or omission of a paramedic or an emergency medical technician-intermediate done or omitted in good faith while providing advanced life support to a patient or trauma victim does not impose liability upon the paramedic or emergency medical technician-intermediate, the authorizing physician, the hospital, or the officers, members of the staff, nurses, or other employees of the hospital or the local governmental unit if the advanced life support is provided:
(1) in connection with an emergency;
(2) in good faith; and
(3) under the written or oral direction of a licensed physician;
unless the act or omission was a result of negligence or willful misconduct.
As added by P.L.2-1993, SEC.14. Amended by P.L.205-2003,

SEC.34.

IC 16-31-6-4
Life support provided in connection with disaster emergency
Sec. 4. (a) This section does not apply to an act or omission that was a result of gross negligence or willful or intentional misconduct.
(b) An act or omission of a paramedic, an emergency medical technician-intermediate, an emergency medical technician-basic advanced, an emergency medical technician, or a person with equivalent certification from another state that is performed or made while providing advanced life support or basic life support to a patient or trauma victim does not impose liability upon the paramedic, the emergency medical technician-intermediate, the emergency medical technician-basic advanced, an emergency medical technician, the person with equivalent certification from another state, a hospital, a provider organization, a governmental entity, or an employee or other staff of a hospital, provider organization, or governmental entity if the advanced life support or basic life support is provided in good faith:
(1) in connection with a disaster emergency declared by the governor under IC 10-14-3-12 in response to an act that the governor in good faith believes to be an act of terrorism (as defined in IC 35-41-1-26.5); and
(2) in accordance with the rules adopted by the Indiana emergency medical services commission or the disaster emergency declaration of the governor.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Construction Injuries, Electrocution, Equipment and Machine Malfunction, Explosions & Fires, Falls, Insurance Claims, Job Site Injury, Longshoremen & Maritime, Medical Malpractice, Mill Accidents, Motorcycle Accidents, Pedestrian Accidents, Railroad Workers (FELA), School & Playground Injuries, Semi-Truck Crashes, Serious Personal Injury, Slip & Falls, Spinal Injuries, Sports & Boating Accidents, Transportation, Work Related, Workers’ Compensation | No Comments »

Illinois Bill Would Ban On the Scene Photos: Rubbernecking vs Collecting Valuable Evidence

March 15th, 2011 by admin

The Illinois House of Representatives is considering legislation that would make illegal in the State of Illinois for drivers to take photographs or videos from cell phones at the scene of accidents.  State Rep. Tom Holbrook of Belleville is sponsoring this bill, arguing that drivers shouldn’t rubberneck — it’s dangerous for drivers to take their eyes off the road. 

Specifically, the bill (HB1984, read full text and follow it here) inserts “digital photograph” and “video” into legislation that is being proposed that would fight against distracted driving involving texting, instant messaging (IMs), or emailing.  There’s another proposed statute that’s just been amended within the same bill to ban the use of cell phones within 500 feet of an Illinois accident scene. 

Evidence at Trial Begins at the Accident Scene

There’s a reason why those scenes in CSI and Law and Order have all the cops and detectives and crime scene investigators wrapping the incident areas with yellow tape and banning everyone from going near the site.  Evidence must be protected — and most of the physical evidence is there at that scene of the crime.

Similarly, in accidents, the physical evidence is there at the scene.  On the roadway, the truth about what happened to cause the injuries or wrongful death reveals itself.  Photographs and videos taken as close in time as possible to the event itself is critical to discovering what really happened.

Insurance companies know this — that’s why they are notorious for having investigators on the scenes of accidents so fast that on occasion they beat law enforcement to the site.  Trucking companies instruct their truck drivers to let the company know immediately if they’re in an accident — so they can start their defense to any claim through the gathering of evidence as soon as possible. 

What Happens to Critical On the Scene Evidence if This Bill Becomes Law?  Plaintiffs Are Hurt.

Rubbernecking can cause wrecks, that’s true.  However, the proposed legislation goes farther than that.  If it is passed, then critical evidence of all kinds of motor vehicle accidents will be outlawed.  This will serve only to hurt injury victims and their loved ones as they later try to prove their claims and obtain justice.  It’s harmful.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Illinois Wrongful Death, Indiana Wrongful Death, Insurance Claims, Job Site Injury, Motorcycle Accidents, Pedestrian Accidents, Railroad Workers (FELA), Semi-Truck Crashes, Serious Personal Injury, Transportation, Workers’ Compensation, Wrongful Death | No Comments »

Tips for Keeping You and Your Neighbors Safe During the Big Storm of February 2011

February 1st, 2011 by admin

The weather reports are predicting an unprecedented winter storm will hit our area beginning today, and it’s tragic but true that some folk aren’t going to survive this onslaught.  It’s the duty of us all to try and keep that loss as small as possible.  Here are some tips for keeping safe during this massive onslaught of freezing temperatures, snow, and ice:

1.  don’t drive if you don’t have to do so, drive during the day and on main roads if you must, and all motorists should use extreme caution.   A toll-free phone number has been set up, so you can call and learn what the Illinois road conditions are like in advance: call 1 (800) 452-4368. 

 2.  along the roadways, look for National Guard troops positioned at certain rest areas (for example, along I-70) if you need help; both the National Guard and local law enforcement will be driving the roadways, looking for stranded motorists 24/7 during this storm.   They will have basic things like snacks, water, and first aid for those in need.   

3.  watch out for your neighbors, particularly the elderly.  Seniors can be very vulnerable, very quickly in winter storms if they haven’t prepared in advance with filled prescriptions, adequate food, etc. 

4.  prepare in advance for power outages – have water and food stored for emergency use, as well as blankets, flashlights, and charged phones.  Have kerosene and kerosene heaters at the ready (always refilling them outside).

5.  close off rooms that don’t need to be heated, it saves on fuel. 

For more tips, check out FEMA.GOV. 

The National Guard for both Illinois and Indiana have both been called into action.  This is a serious situation for our area.  For the latest information on the weather and storm conditions and other information on staying safe, see ready.illinois.gov.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Job Site Injury, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Slip & Falls, Spinal Injuries, Transportation, Wrongful Death | No Comments »

Illinois Budget Crisis: What Will Happen to Government Services and Public Safety?

January 4th, 2011 by admin

Illinois is in big financial trouble according to the financial bigwigs over on Wall Street: Moody’s Investors Service reportedly ranks Illinois as having the lowest credit rating in the country (tied with California, which we all know isn’t good news) and Moody’s also predicts things are not getting better in the near future for the state.

Meanwhile, the Illinois Legislature is hitting the ground running as it makes critical budget decisions: there is a $13 billion dollar deficit – and millions in unpaid bills and missed pension fund payments. No one can avoid the reality that there will be severe cuts in public services, but who is going to be hit? 

How will your family be impacted by the Illinois Budget Crisis?

Maybe not at all if the Illinois Governor gets his way, and the state borrows $15 billion to cover the shortfall.  If not, then California is providing an example, although severe public service cuts are being made in a number of states across the country: thousands of kids lose child care; young adults see an increase in tuition; state workers are laid off; and health care costs are slashed. 

Which means the state safeguards in place to protect Illinois citizenry may be disappearing — and with them, an increase in the risk of individuals being harmed.  For many, the harms will simply have to be handled within the family. 

Injury Lawsuits and Justice When Budgets are Slashed

However, if there is a serious personal injury or wrongful death because of scenarios like:

  • a child is on the streets instead of day care; 
  • a lack of state inspection regarding compliance with boating regulations or hazardous road conditions, or 
  • a stressed-out unemployed worker fatally crashes his vehicle into an innocent family’s minivan

this budget crisis will not close the courthouse doors on justice.

Plaintiffs’ personal injury law firms have traditionally provided legal services on a contingent basis to their clientele.  This is not going to change with the current recessionary times. 

It’s sad to predict that the loss of government services may have as an unintended consequence the serious personal injury or wrongful death of someone in the future, but it is very likely to be the reality.  At least, in these instances of personal injury lawsuits, Illinois budget cuts cannot cut justice out of our future.

Posted in Airplane & Train Crashes, Auto Accidents, Bus Crashes, Defective Products, Illinois Wrongful Death, Insurance Claims, Medical Malpractice, Motorcycle Accidents, Pedestrian Accidents, Product Liability, School & Playground Injuries, Semi-Truck Crashes, Serious Personal Injury, Slip & Falls, Spinal Injuries, Sports & Boating Accidents, Transportation, Work Related, Wrongful Death | No Comments »

Is OSHA Optimistic About the Economy? Agency Warns Stores to Protect Workers from Holiday Crowds

November 4th, 2010 by admin

It’s nice when something positive comes out of Washington, and it appears that OSHA (Occupational Safety and Health Administration of the U.S. Department of Labor) is backhandedly doing just that.

This week, in a national news release, OSHA announced its concern that massive amounts of consumer shopping might endanger retail workers in the work place, and the agency is “encouraging” 14 major national retail companies to plan now, implementing precautionary measures to insure the safety of their retail workers during the holiday season. (Black Friday taking on a particular spotlight here.)

In fact, OSHA sent a letter with a fact sheet on “Crowd Management Safety Tips for Retailers” to the heads of these big store chains. Crowd control? Wow, that sounds like a good retail gift-buying frenzy of sorts. Just what our economy needs, right?

“Crowd-related injuries during special retail sales and promotional events have increased during recent years,” reports Assistant Secretary for OSHA Dr. David Michaels in the news release. “Many of these incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season.”

So, what does OSHA suggest as preparation? Its fact sheet suggests such things as: (1) trained security personnel or police officers on-site; (2) setting up barricades or rope lines for pedestrians and crowd control well in advance of customers arriving at the store; (3) having in place emergency procedures that address potential dangers; and (4) monitoring the number of customers in the store, and stopping folk from entering when maximum occupancy is reached.

Want to see what the CEOs received from OSHA? Read it here.

Happy Holidays, Everyone! Only 50 shopping days till Christmas!

Posted in Falls, Job Site Injury, Pedestrian Accidents, Serious Personal Injury, Slip & Falls, Work Related | No Comments »

Allen fights insurer for injured police officer

May 28th, 2010 by admin

Insurance company sues to avoid paying injured cop
(http://www.post-trib.com/news/2322080,new-allendorf0527.article)

May 27, 2010 by Teresa Auch Schultz

An insurance company is suing to avoid paying a claim to a Crown Point police officer injured when he was hit by a speeding car two years ago.

Standard Mutual Insurance Company said in a lawsuit it filed Tuesday in the U.S. District Court in Hammond that it shouldn’t have to pay a $100,000 claim to John Allendorf Jr. because he already received a worker’s compensation payment.

Allendorf, then a sergeant, was working on Dec. 5, 2008, when Schererville police started to follow a car driven by Timmy Todd Zieman on suspicion of a domestic dispute. Allendorf heard that Zieman’s car was headed toward him on 93rd Avenue and he drove on the sidewalk to get out of the way, but Zieman’s car drove at him. The crash caused a femur fracture, several broken ribs and internal injuries. During court hearings, police officials said there were no skid marks, showing the car did not brake before hitting Allendorf.

Allendorf has not been able to return to active duty because of the extent of his injuries.

Zieman, who earlier this year was found not guilty by reason of insanity, had a suspended license when the accident happened, and so his insurance company, Founders Insurance Company wouldn’t pay a claim filed by Allendorf for bodily injury, according to the Standard Mutual lawsuit.

Allendorf then filed a claim with Standard Mutual for getting hit by an uninsured motorist. However, Standard says that their policy says because Allendorf was driving a Crown Point police car, his main insurer was Crown Point, which paid him $176,000 in workers compensation. That amount is more than the $100,000 Standard would pay him, according to the lawsuit, so the company is free of its obligation.

Kenneth J. Allen, who is representing Allendorf, said the move was just another example of how insurance companies try to delay paying claims as long as they can.

“It’s a pity these insurance companies don’t stand up and take responsibility,” Allen said.

He said that if an insurance company can delay paying on a claim for five to seven years, they often have already made that money back in profits. Allen also called out the state, saying it needed a stronger insurance commission to force the insurance companies to fulfill their obligations.

Allen said his client is also fighting Zieman’s insurance and is still trying to get that company to pay the claim. If Founders does, then Allendorf would pay back the Crown Point worker’s compensation claim, which Allen called “a small amount” considering Allendorf’s injuries.

Posted in Auto Accidents, Pedestrian Accidents, Serious Personal Injury, Transportation | No Comments »

April 19- 23 is National Work Zone Awareness Week

April 8th, 2010 by admin

For the 11th straight year, three federal agencies will sponsor National Work Zone Awareness Week.

Why should we care?

Well, according to the Illinois Department of Transportation, there are around 7000 motor vehicle accidents in work zones each year throughout the state, with 2100 people injured and 29 deaths (2 being workers, most work zone fatalities are non-workers). Indiana’s Dept. of Transportation has compiled similar, scary statistics.

Sponsors are Three Federal Agencies

Through the coordinated efforts of the Federal Highway Administration (FHWA), the American Association of State Highway and Transportation Officials (AASHTO), and the American Traffic Safety Services Association (ATSSA), various activities will be undertaken to draw attention to the need for everyone being safe and aware of safety issues in all sorts of work zones.

Theme is “Work Zones Need Your Undivided Attention”

The theme for 2010 National Work Zone Awareness Week is “Work Zones Need Your Undivided Attention.” All sorts of events are scheduled around the country during April 19-23, 2010, promoting this theme. One of the biggest will be the federal agency kickoff at Battery Park in NYC, and there are already several activities scheduled throughout the states of Illinois and Indiana throughout the Week.

Posted in Auto Accidents, Bus Crashes, Construction Injuries, Job Site Injury, Motorcycle Accidents, Pedestrian Accidents, Semi-Truck Crashes, Serious Personal Injury, Transportation, Work Related, Workers’ Compensation, Wrongful Death | No Comments »

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