Archive for the ‘Motorcycle Accidents’ Category

Tire Safety: Summer Heat Can Cause Tire Blow Outs While Driving – Check Your Tires, Take Care on the Road

June 14th, 2011 by admin

Last week (June 5 – 11) was National Tire Safety Week for the National Highway and Traffic Safety Administration (NHTSA) and it’s no coincidence that this tire-awareness campaign is scheduled for the beginning of summer. Summer heat can cause tires to blow and accidents to happen.

According to the NHTSA, tires were responsible for 116,000 injuries and over 3,300 deaths on American roads during a four year time period (2005-2009). Experts believe that most of these injuries and fatalities could have been prevented if only the drivers had stopped to check their tires. Heat can cause tires to become extremely dangerous, especially when they don’t have the proper air pressure.

The NHTSA offers a free brochure for everyone to read or download that outlines how to make sure that your tires are okay for the hot summer roads.

Weak tires are especially dangerous when they are being driven on a big rig commercial truck.

Commercial trucks, with their weight and size, are always safety issues on American roads
, and their tires are no exception. Blown tires on big rigs cause wrecks: not only can the truck driver lose control, but the flying tire and its debris on the roadway can cause hazards resulting in other vehicles crashing.

This week, the Tire Industry Association and Michelin Americas Truck Tires participated in National Tire Safety Week by offering fleet operators, tire shop managers, and truck maintenance pros a truck tire training video that goes into the details of making sure that the big trucks’ big tires are safe with an explanation of safety procedure for semi truck tires. The video is free, 18 minutes long, and entitled “Tire Shop Hazard Assessment.”

You can watch it here:

Feds Applaud Indiana’s New Law Banning Texting While Driving; Illinois Distracted Driving Law Already on the Books

May 19th, 2011 by admin

U.S. Transportation Secretary Ray LaHood gave a public attaboy to Indiana’s governor Mitch Daniels in a media statement where Indiana was recognized as the 32nd state to enact laws that make texting while driving illegal.  (It’s a victory of sorts for the feds, as Secretary LaHood is actively pushing states to pass laws like this as part of the U.S. Department of Transportation’s campaign against distracted driving.  For more information, check out the Transportation Department’s distracted driving website, Distraction.gov.)

July 2011: Indiana Texting While Driving Ban Goes Into Effect

In Indiana, starting July 1, 2011, you can be ticketed if you are caught texting behind the wheel – and this is going to make liability more serious in a personal injury civil matter if you’re in a car wreck while you’re doing it.

Indiana’s new law makes texting while driving illegal with a maximum fine of $500.  It also makes it against the law for Indiana drivers under 18 to use cell phones at all.  Period.

What about in Illinois?

This is old news in Illinois, which was the 17th state to enact a texting while driving ban.  Governor Pat Quinn signed that into law back in August 2009.  In Illinois, if you text, surf the web, email, etc. while driving, it is a $1000 fine under Illinois Vehicle Code 625 ILCS 5/12-610.2.

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.

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 accidentsState 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.

Distracted Driving Kills People: Consumer Reports and DOT Join Forces to Fight Teens Using Handheld Devices While Driving

March 8th, 2011 by admin

Consumer Reports has built its longstanding, well-respected reputation as a public watchdog against bad products by offering its readers expert reviews of all sorts of things:  appliances, cars, toys, sunscreen.  If there is something sold in the American marketplace today, odds are high that Consumer Reports can provide guidance on how well that product works as well as how safe it is to use.

However, today Consumer Reports has gone further than providing expert reviews.  Today, on both the Consumer Reports website as well as the federal government’s site for the Department of Transportation, you will see videos and other information regarding the danger of texting or talking while driving a moving vehicle.  

They’ve been moved to act because the dangers of Distracted Driving, particularly among American teenagers, is causing a significant number of young people to be seriously injured or killed in accidents that could have been avoided if a handheld device had not been along for the ride. 

As reported by the DOT, a new report by the experts at Consumer Reports has revealed the following:

  • 63 percent of respondents under 30 years old reported using a handheld phone while driving in the past 30 days, and 30 percent of them texted while driving during the same period.   That compares with 41 percent and 9 percent, respectively, of respondents who were 30 or older.
  • Among the under-30 respondents, only 36 percent were very concerned about the problem of distracted driving, and only 30 percent felt it was very dangerous to use a handheld phone.
  • 64 percent of respondents overall said they had seen other drivers texting using a handheld device in the past 30 days.  94 percent had observed drivers talking on a mobile phone and 58 percent had seen a dangerous driving situation related to a distracted driver in the past month.
  • 78 percent of respondents overall said they had reduced or stopped behaviors related to distracted driving.  Of that group, 66 percent said they did so because of reading or hearing about the dangers.

Copies of the Consumer Reports/DOT report “Distracted Driving Shatters Lives” will be distributed to schools and volunteer groups by the National School Safety Coalition.

In tandem with the Consumer Reports efforts, DOT has released its latest video in the Department of Transportation’s “Faces of Distracted Driving” series today on Distraction.gov, featuring Miss South Dakota Loren Vaillancourt, who has been speaking to teens about the dangers of distracted driving since her brother was killed by a distracted driver in May 2009.  Watch it here on YouTube.

Seat Belts Kill and Seriously Injure People – This Week, Supreme Court Nixes Car Makers From Evading Responsibility

February 24th, 2011 by admin

Seat belts exist only to keep people safe, but the reality is that there are many occasions where safety belts seriously injure and even cause the deaths of those who obediently use them.  

This is why the Williamson lawsuit was filed.  It originates in a 2002 car crash where Thanh Williamson, 32, died while wearing a lap seat belt in a Mazda 1993 MPV minivan.  Mazda argued that Williamson was setting in the center position of the rear passenger seat and at the time, the car maker was only required to provide a lap band for this spot per National Highway Traffic Safety Administration (NHTSA) regulation.  Mazda’s defense isn’t that the seat belt wasn’t the cause of Mrs. Williamson’s death; instead, Mazda claimed it should not be liable because the nine (9) year old minivan was okay under federal regulations when it left the plant. 

Last November, we considered the Mazda Seat Belt case because of its national importance.  The U.S. Supreme Court had a big decision to make: whether or not to allow car manufacturers to avoid legal liability for these seat beat injuries and deaths because at the time the cars (or trucks or minivans) are made, they meet the minimum safety standards set by federal law.

Now, the United States Supreme Court has ruled.  Unanimously. And, it’s a big deal for many reasons — but for those who care about people being safe in their cars, here’s why this week’s opinion is so important to us all:  the High Court has told the American automobile industry that federal regulations were created only to set the minimum standard, not to provide the car makers with some kind of shield, or immunity, from legal responsiblity if their product harmed or killed their customers.

Of course, car makers are dismissing the major impact of this new Supreme Court decision to the public (like those explanations given to the Detroit News).  However, read the entire Supreme Court opinion (with all the Justices in agreement, a rare showing of solidarity these days) in Cause No. 08-1314, styled Williamson v. Mazda Motor of America, Inc. and you will find language like this: 

Federal Motor Vehicle Safety Standard 208 (1989 version) requires, among other things, that auto manufacturers install seat belts on the rear seats of passenger vehicles. They must install lap-and-shoulder belts on seats next to a vehicle’s doors or frames. But they have a choice about what to install on rear inner seats (say, middle seats or those next to a minivan’s aisle). There they can install either (1) simple lap belts or (2) lap-and-shoulder belts. 54 Fed. Reg. 46257–46258 (1989); 49 CFR §571.208 (1993), promulgated pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 (Act), 80 Stat. 718, 15 U. S. C. §1381.

The question presented here is whether this federal regulation pre-empts a state tort suit that, if successful,would deny manufacturers a choice of belts for rear inner seats by imposing tort liability upon those who choose to install a simple lap belt. We conclude that providing manufacturers with this seat belt choice is not a significant objective of the federal regulation. Consequently, the regulation does not pre-empt the state tort suit.

[From Justice Sontemayor's Concurrence, the following:]

In other words, the mere fact that an agency regulation allows manufacturers a choice between options is insufficient to justify implied pre-emption; courts should only find pre-emption where evidence exists that an agency has a regulatory objective— e.g., obtaining a mix of passive restraint mechanisms, as in Geier—whose achievement depends on manufacturers having a choice between options. A link between a regulatory objective and the need for manufacturer choice to achieve that objective is the lynchpin of implied pre-emption when there is a saving clause.
 

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.

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.

Beware This Really Cold Weather (Even for Us): Don’t Become An Injury Statistic

December 9th, 2010 by admin

While we await the federal appellate court’s decision on whether or not to stay the debut of CSA 2010 (see our earlier post), there’s a growing amount of news coverage on just how bad the weather is going to be around here.  Low temperatures, snow, ice, wind.

It’s going to be very dangerous on the highways, and it may even become dangerous in your home.  CBS-TV’s Chicago affiliate (WBBM) is reporting the first big snow is coming, and with it we will undoubtedly be reading in the next few days about people dying from injuries sustained during this onslaught of bad weather.

Remember to check your traffic conditions before you travel, and only travel the roads if you must.

Give due respect for every big rig on the road with you; these commercial trucks are always potentially dangerous for the vehicles they ride beside.  Add snow, sleet, ice, wind and the tractor trailers can become extremely hazardous for fellow vehicles on the roadway.

Consider your physical extertion, too.  The American Heart Association has several warnings for those of us trying to get through the day during very cold weather.

AccuWeather is blogging lots of information today about traveling during this time, including:

  • sudden snow squalls will bring visibility on the roads to near zero within seconds
  • roads, not just overpasses, will become icy
  • safe speeds on freeways are as “conditions permit” so go slow
  • keep a wary distance between you and the cars around you because at any time, even a stable SUV can lose traction and cause a pile-up

And, it’s going to be a very, very cold holiday season.  Weather reports are predicting that during the day, temperatures will be in the single digits, and we will see negative temperatures after the sun sets.

Remember too, that during the holiday season there are all sorts of emotions that drivers are experiencing – excitement, depression, stress, happy, sad – just because of this time of year.  This is an added component to driving safe, whether it’s traveling on an interstate or just down the road to pick the kids up from school.

Be careful out there. We all know that statistically, there will be deaths during this weather – don’t you be one of them.

More Bans on Texting While Driving – Making Employers Toe the Line

September 30th, 2010 by admin

The government’s fight against distracted driving in order to prevent car crashes and thereby save lives keeps moving forward on both the state and federal level.

What is distracted driving? Distracted driving is whenever someone operating a motor vehicle is also talking on the phone, texting, or otherwise taking action that competes with the focus needed to drive their car, truck, or van.

Recently, Secretary of Labor Hilda L. Solis and OSHA representative David Michaels announced new federal steps aimed at drivers who text while driving. OSHA will now be investigating and issuing citations and penalties against employers that are requiring their workers to text while driving.

The federal agency is also implementing a Distracted Driving education program, helping employers to create effective driving policies for their companies and educating younger employees, who text more than their older co-workers, with the dangers of distracted driving.

From the OSHA news release:

“It is imperative that employers eliminate financial and other incentives that encourage workers to text while driving,” said Secretary Solis. “It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality.”