Cook County Personal Injury Lawyer

RTA Finds CTA Rail Safety Needs Improvement

Kristina Labanauskas — Fri, 04 Jul 2008 18:00:00 GMT

A recent review of the Chicago Transit Authority (CTA) revealed that the CTA is safe enough to ride but is in vital need of upgrades. The Regional Transportation Authority (RTA), which is responsible for overseeing local transportation operators in the Chicago area, conducted its Triennial review last August. It found that the CTA is doing a poor job of identifying dangerous conditions that lead to accidents and needs to be more vigilant in correcting such conditions. Also, the CTA needs to conduct more emergency-response drills and beef up construction safety.

From January until August 2007, the CTA experienced 13 train derailments and five train collisions in its rail yards.

During the review, the RTA observed trains being coupled, which the RTA advised should not be done in the platform area. The RTA also observed train operators violating the requirement that they keep their heads outside of control cabins while doors close, as it ensures passenger safety.

It is clear that the CTA has work to do. Improvements or not, however, the law regards theCTA as a common carrier, which means that the CTA is expected to exercise the highest degree of care for the safety of its passengers. When there is a deficiency in personnel or equipment, the law is likely to hold the CTA liable for injuries to its passengers.

But while the CTA is held to this highest standard, the law provides that the CTA is entitled to a special statutory notice from anyone making a claim for injuries against the CTA. This notice must be filed with the CTA within six months of the injury. And, after notice is filed, suit must be filed within one year of the injury. Not only is the timing critical, but the substance of the notice must be completed correctly or the case may be at risk for dismissal. So, even if an injured person has a meritorious claim, failure to comply with these technical requirements may result in a dismissal of the case.

Originally posted at InjuryBoard by Kristina Labanauskas

Salmonella and Other Foodborne Illiness Prevention Tips

Kristina Labanauskas — Mon, 30 Jun 2008 19:00:00 GMT

After all that talk about tomatoes, it turns out that they might not be the actual source of the most recent salmonella outbreak. In fact, accor ding to the FDA, of the 1,700 tomato samples collected, none have tested positive for the rare salmonella saintpaul strain. So, while the easy answer to avoiding this recent salmonella outbreak seemed to be abstaining from tomatoes or at least certain types of tomatoes altogether, at this point that doesn't quite seem to be such a foolproof solution.

That being said, don't purge all the information that you have gathered thus far. Tomatoes still remain a suspect, and the advice on which ones to avoid has not changed. However, because the investigation continues and the actual culprit might still be on the market, be sure read the following information on salmonella, its signs and symptoms, and some tips on avoiding salmonella and other foodborne illnesses.

Most people have heard of salmonella, but do we really know what it is? Salmonellosis is a serious foodborne illness caused by salmonella bacteria. It typically results from eating food contaminated with the feces from an infected animal or person. It is more common in the summertime, and those most at risk of getting Salmonellosis include young children, the elderly and the immunocompromised.

Although most people recover without treatment, some require hospitalization. The symptoms appear suddenly, usually beginning about 6 to 72 hours after infection and lasting about 4-7 days. Symptoms include headache, abdominal cramps, diarrhea, nausea, fever, and dehydration. If you are concerned about the possibility of salmonella infection, the CDC recommends seeking medical care.

There is no vaccine for salmonella, but there are a number of food safety precautions you can take to reduce your risk of salmonella and other foodborne infections.

At the Store:

1. Put refrigerated items in your cart last. And, if your drive home from the store is over an hour, consider putting these items in a cooler to maintain freshness.

2. Always check the expiration date on labels. And, even if the date seems acceptable, don't buy food that smells or looks strange.

3. Make sure eggs are grade A or AA, and check inside egg cartons to ensure that that the eggs are clean and free from cracks.

4. Don't buy fruit with broken skin as bacteria can enter through the skin or unpasteurized ciders or juices as they might contain harmful bacteria.

5. Don't buy pre-stuffed turkeys or chickens.

At Home:

1. Always ensure that your refrigerator and freezer are at the proper temperatures before putting away food. To prevent bacteria from multiplying, keep your your refrigerator at 40�F (5�C) and your freezer at 0�F (-18�C) or lower. If your appliances are not equipped with thermostats, you can buy one.

2. Put refrigerated and frozen foods away first.

3. Keep eggs in the original carton, do not allow raw eggs to sit at room temperature for more than 2 hours, and thoroughly cook eggs before eating them.

4. Use a meat thermometer to ensure that meats are cooked thoroughly.

5. Scrub all fruits and vegetables with plain water, even if you plan on peeling them, to remove any pesticides or dirt. If you use a knife to cut melons, wash the melons thoroughly to avoid carrying bacteria from the rind to the knife to the inside of the fruit.

6. Remove outer leaves of leafy greens.

Follow the above tips to protect yourself and your family against salmonella and other foodborne illness year-round. And, be sure to keep posted on any updates regarding this recent salmonella outbreak.

Originally posted at InjuryBoard by Kristina Labanauskas

Chicago Bicycle Accident Highlights Importance of City Bike Safety

Kristina Labanauskas — Thu, 26 Jun 2008 12:00:00 GMT

On any given day, you will see dozens of bicyclists navigating through the busy City streets. Yet, statistics show that biking during the summer in urban traffic can be downright deadly. In fact, since October, a total of 5 cyclists have been killed in Chicago alone. Just earlier this month, a 22-year-old bicyclist died as a result of a bike accident in Chicago when his bike hit an open door of a parked vehicle and he was thrown into oncoming traffic.

According to the most recent data from the National Highway Traffic Safety

Administration (NHTSA):

Between 1996-2006 fatalities of pedalcyclists (their term referring to two-wheel nonmotorized vehicles powered solely by pedals), occurred more frequently in urban areas, at non-intersection locations, between the hours of 5 p.m.- 9 p.m. and during the months of June, July and August.

So, should we lock up our bikes and lose the keys forever? Of course not! Biking is great exercise not to mention a lot of fun. Plus, for many it is not just a recreational activity. A lot of urban bikers either rely on their wheels for a paycheck (e.g., fearless bike messengers) or for their commute, justifiably avoiding sitting in a motor vehicle in bumper-to-bumper traffic or riding on packed and increasingly pricey public transportation.

Ok, then. The easy solution is to ride on the sidewalk, you say. Not in Chicago, you won't. Unless you have just moved here or are from out of town, you have no excuse not to know that a City ordinance makes biking on sidewalks illegal. And, for good reason, as I don't think I am alone in the sentiment that the pedestrians legally using sidewalks take up enough room as it is.

So, the remaining options for bikers intending on riding in the City is to get on the Lake Path and stay there or to wear protective gear and get informed on bike safety and the Rules of the Road.

The rules of the road include obeying traffic signs, signals and lane markings and riding in the same direction as traffic while in the street. And, in spite of the obvious size and horsepower advantages motor vehicles have over bikes, bicyclists are considered vehicle operators and as such are required to obey the same rules of the road as other motor vehicles.

In addition to abiding by the rules of the road, wearing protective gear can go a long way in injury prevention. According to the NHTSA, a helmet is the best way to prevent head injuries resulting from bike accidents. But, not any old lid will do. Be sure that you wear a properly fitted bicycle helmet. Also, if you intend on riding at night, be sure to equip your bike with a front light and red reflector or flashing lights and wear bright or reflective clothing and retro-reflective tape to help drivers see you better.

Even if you are armed with the above knowledge and have taken every single possible precaution, accidents and even fatalities still can happen. If you have been injured or a family member has been killed in a traffic accident, you should seek professional legal advice to determine whether there may be a recovery.

Originally posted at InjuryBoard by Kristina Labanauskas

Preventing Falls Among Senior Citizens

Kristina Labanauskas — Mon, 23 Jun 2008 17:59:06 GMT

It has happened to all of us (even the most well coordinated). You are walking, sun is shining, IPod playing, smiling to your fellow walkers who too are enjoying their walks. Then suddenly and without warning, you lose your footing and ungracefully tumble to the ground. After a quick but covert look around to see if anyone witnessed the spill, you shake it off, re-insert your headphones, and again, you are off walking, having suffered little more than a temporarily bruised ego.

Unfortunately, something as simple as an unintentional fall can actually result in serious injury or even death, particularly for those over the age of 65. And, whether you are a senior citizen or are close to someone in their golden years, you cannot turn a blind eye to these statistics on falls.

More than one-third of adults age 65 and older fall at least once each year.

Falls are the most common cause of nonfatal injuries and hospital admissions for trauma among adults over 65. And, alarmingly, every 35 minutes an older American dies as the result of a fall.

It is no wonder that the final week of June 2008, which Congress designated as National Safety Month, has been dedicated to fall prevention: in the workplace and for senior citizens.

It simply cannot be denied that the odds of falling and the severity of the injuries increase as we age. Physical changes and medical conditions are major factors causing this increased risk. But, don't despair. There are preventative measures that senior citizens can and should take to help reduce the risk of falling.

The CDC suggests:

1. Beginning a regular exercise program: it makes you stronger and improves overall health. Be sure to consult with a physician before beginning an exercise program.

2. Making your home safer: about half of all falls happen at home. For example, you should remove things that you could easily trip over, and you should keep your home well lit.

3. Having your health care provider review your medicines: some medicines affect us differently as we age, and some make us drowsy, which increases the likelihood of falling.

4. Having your vision checked: poor vision can increase the risk of falling.

In addition, the Mayo Clinic suggests wearing sensible shoes and using such assistive devices as grab bars outside your shower or bathtub and handrails on both sides of stairways.

Your golden years should be just that. You should enjoy your experience and value where you are at in your life while being mindful of certain risks or new challenges that might confront you. Awareness is the key to fall prevention. Spend some time to think seriously about the suggestions noted above and take the time to make adjustments to your lifestyle, home, or health that may improve safety and prevent a fall.

At the same time, physical changes and medical conditions are not at the root of each and every fall. In fact, many times a person, regardless of any age, takes a fall that he or she could not have prevented. For example, a person might fall due to someone else's negligence. It is important to distinguish these situations from falls that could have been avoided. If you or someone you know has fallen and you believe that another person might be at fault, you should discuss the situation with a legal professional who can help you determine whether legal action should be pursued.

Originally posted at InjuryBoard by Kristina Labanauskas

CTA Green Line derailment

Barry Doyle — Wed, 28 May 2008 19:55:40 GMT

Earlier today, a CTA Green Line train derailed, resulting in several being hospitalized. The early reports are that the derailment of the train occurred at a switch track. The operator went through a red signal and then overrode a safety which would have otherwise stopped the train. The train the proceeded into a switch that was not aligned resulting in the derailment of the train.

The law regards the CTA as a common carrier. This has legal significance because as a common carrier, the CTA is expected to exercise the highest degree of care for the safety of its passengers. In essence, their train and bus operators must be properly trained and do their jobs correctly, and the tracks and other equipment have to be properly maintained. When there is a deficiency in the personnel or equipment of the CTA, the law is likely to hold them liable for injuries sustained by the passengers.

Given how the facts of this derailment are developing, the likelihood is that the CTA will not seriously contest its liability for this accident. However, this does not mean that the passenger injured in this CTA derailment (or any other accident involving the CTA) is out of the woods, legally speaking.

The CTA has the benefit of a special statutory notice that anyone making a claim for injuries against the CTA must file with the CTA within 6 months of the injury. After that, suit must be filed within one year of the injury. The tricky proposition with the CTA notice provision is that it must be completed correctly or the case is at risk for dismissal. Otherwise meritorious personal injury claims against the CTA can be dismissed for technical errors in the notice. This was the subject of a previous blog post. Because of this, anyone injured in a CTA accident would be well-advised to hire an attorney.

Originally posted at InjuryBoard by Barry Doyle

Truck crashes into CTA el station

Barry Doyle — Sat, 26 Apr 2008 00:22:31 GMT

A truck speeding down the Cermak exit to the Dan Ryan expressway left the roadway and crashed into a CTA bus stop and el station at rush hour today. Commuters waiting for the bus and leaving the trains at the CTA's Cermak Red Line station were struck by the truck as it jumped the curb and plowed into pedestrians. Two commuters were killed and at least 20 more were injured, some critically.

Mass accidents such as this require more than a rush to action. Prompt action is certainly required, and victims and their families are advised to obtain legal representation as quickly as possible so that lawyers can begin securing evidence such as statements from witnesses, photographing the scene, and obtaining court orders to ensure the preservation of the truck and its component parts.

In cases such as this, even where there is a well-insured defendant like a trucking company, there may be insufficient coverage from the easily identifiable defendants to allow all of the victims of the accident to be fully compensated. This is because the large number of injured people results in many claims against an insurance policy with finite limits. The facts of this case speak to an apparent loss of control of the truck, which should raise questions about the maintenance of the truck and its component parts, including the trailer. The role of every entity involve din putting that truck and that driver on the road must be carefully examined to ensure proper compensation for the victims of this accident.

Originally posted at InjuryBoard by Barry Doyle

Magnet Dart Boards Recalled Due to Aspiration and Intestinal Hazards

Jenny Albano — Sun, 24 Feb 2008 18:04:48 GMT

Family Dollar, in conjunction with the CPSC, is recalling about 250,000 FUN 'N SAFE Magnetic Dart Boards because the magnets pose aspiration and intestinal hazards.

Small magnets at the ends of the darts can detach. Magnets found by young children can be swallowed or aspirated. If more than one magnet is swallowed, the magnets can attract each other and cause intestinal perforations or blockages, which can be fatal.

The dart board is approximately 15 inches wide and is black, white, green, and red and has a checkered design. The dart board was also sold with six 4-inch magnetic darts that adhere to the dart board when thrown. On the back of the board is "Made in China".

So far the company has not received any reports of injury or illness. The recalled product was available in Family Dollar stores across the United States from January 2001 to January 2008.

Originally posted at InjuryBoard by Jenny Albano

Video of Chicago Amtrak crash shows train speeding

Barry Doyle — Tue, 04 Dec 2007 07:31:45 GMT

One of the unusual features of the recent Chicago Amtrak crash is that the event was captured on video. In most personal injury cases, descriptions of the events come entirely from eyewitnesses who may describe the same event in very different ways.

IThe Norfolk Southern security shows the violence of the train crash as the Amtrak train smashes into the back of the stopped freight train.

Other news accounts have indicated that the Amtrak engineer had been certified for only three months, and was traveling at nearly 40 miles per hour on the track where the collision took place. The signal that he had received for that track restricted his speed to no more than 15 miles per hour. After dropping his speed to 8-9 miles per hour, he increased his speed again to 40 miles per hour shortly before the crash.

The increase in speed is a key factor on this crash. One of the things that the video shows is that he was in a "canyon" of train cars -- meaning that there were freight cars on either side of him. Since he was coming out of a curve, the combination of the curve and the other train cars would have obstructed his view of the train stopped ahead of him. He simply could not see the freight train until he was right on top of it, and at the speed he was travelling, he could not stop before hitting it.

The investigation to date has answered one question regarding the responsibility for the accident. However, the other question has not been answered: why was the Amtrak train was cleared to go down that track when dispatch should have known that there was a freight train stopped there?

For more information on this subject, please refer to the section on Mass Transit Accidents.

Originally posted at InjuryBoard by Barry Doyle

Chicago train crash injures dozens

Barry Doyle — Fri, 30 Nov 2007 15:41:22 GMT

An Amtrak train coming into Chicago from Grand Rapids, Michigan ran into the back of a stopped freight train this afternoon. The crash happened on Chicago's south side. The engine from the Amtrak train hit the rear end of a Norfolk Southern freight train which was hauling shipping containers. Spokesmen from Norfolk Southern claim that the freight train had been cleared to be on that track.

Passengers aboard the train estimated its speed at 30 miles per hour. The impact threw the passengers from their seats. The only car to derail was the engine. The most serious injuries appear to be to the crew of the train.

There are a number of entities that potentially bear responsibility for this accident.

The first is Amtrak. Because Amtrak was carrying paying passengers, it is a common carrier and must exercise the highest degree of care for the safety of its passengers. The failure of the crew to stop the train short of the Norfolk Southern train ahead of its was ngeligence. The seond

The second is the railroad on whose tracks the collision occurred. Railroads allow each other to operate on their tracks, but traffic on the tracks is controlled by the railroad who owns the tracks. Having two trains on the same track that are apparently unaware of the other is negligence.

The third potentially negligent party is Norfolk Southern. If its train was on the wrong track or failed to properly advise the track controller of its location and activities, it may be found negligent as well.

All of the parties involved bear some responsibility for the injuries to these passengers.

For more information on this subject, please refer to the section on Mass Transit Accidents.

Originally posted at InjuryBoard by Barry Doyle

Mother Sues After Four-Month Old Died From Cough Medicine

Jenny Albano — Thu, 15 Nov 2007 16:49:35 GMT

Dimitria Alvarez's four-month old son died from taking over-the-counter cough and cold medicines on Oct. 8, 2001, and she has since sued the two sued two distributors of the drugs, claiming they should have known the dangers of the main ingredient and cautioned consumers.

The lawsuit filed Wednesday is one of the first since Federal Drug Administration hearings last month where health experts testified that parents should not give children younger than 6 such medicines because they don't work and can be harmful.

Alvarez gave her son Tylenol Cold Decongestant Plus Cough and Walgreen-brand Pediatric Drops-Cough Plus Cold, which both contain dextromethorphan. According to the coroner the 4 moth old, Devon Mehleberg-Alvarez, died from dextromethorphan intoxication.

The lawsuit, filed in Lake County Circuit Court in Illinois, names Walgreen Co. and McNeil, a unit of Johnson & Johnson, saying the companies knew of the dangers of the ingredient and failed to caution consumers.

The spokesperson for Walgreens stated that the company believes the child's death may have been due to the two medicines given one after the other. The drugs have been found to be safe by the FDA if used as directed.

Drug makers have pulled cold medicines used for babies and toddlers off the market on Oct. 11, after the FDA discovered reported deaths linked to the medicines in recent years, mostly from unintentional overdoses.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano