Chicago Illinois Car Accident Lawyer Blog

Illinois Governor Pat Quinn today will sign into law an overhaul of the Illinois workers' compensation system. This will slash medical rates, set new standards in determining a worker's disability, and improve safeguards against abuse of the system.

The package stems from negotiations among the Governor's office, business groups, unions, health care providers and trial lawyers. According to the Chicago Tribune:

...the administration estimates the changes will save Illinois businesses at least $500 million a year, but the final product doesn't get a thumbs-up from all stakeholders.

Critics say the majority of savings come at the expense of doctors and hospitals that treat injured workers, while others say it doesn't go far enough in requiring employees to prove they were hurt on the job. But supporters contend it is a balanced approach that was able to win votes from Democrats and Republicans.

The business lobby has long pushed for changes to the expensive system, which costs Illinois companies about $3 billion a year. Democratic leaders were eager to tackle the subject after they pushed through a major income tax increase in January and other states began publicly wooing Illinois corporations.

As written, the new law will have many changes, including new standards and standards of conduct for those who hear cases for the Illinois Workers' Compensation Commission. Those who hear cases will have to be licensed attorneys and get ongoing training on issues including fraud, ethics and medical best practices.

More on this story can be found at the ChicagoTribune.com story of June 28 titled "Quinn to sign workers' comp overhaul today."

A taxicab struck a pedestrian around 8:47 this morning, killing the pedestrian. The accident occurred at the parking garage at Illinois and Columbus drive. Two others were injured, the driver of the taxi and the taxi passenger.

The pedestrian was dead at the scene, after being hit by the taxi after the taxi lost control. Shortly before impact he had been walking down the street. A surveillance video near the accident captured the pedestrian walking east on Illinois Street. After a few seconds, the cab can be seen apparently passing another car on the right just before the intersection with Columbus Drive. As the pedestrian passes a set of tables and reaches the driveway of the parking garage, the pedestrian turns his head to the right briefly, just before the cab skids toward the garage. The pedestrian then disappears from view and the cab comes to rest against the garage.

The cab passenger, a 51-year old woman, had to be cut out of the back seat, according to witnesses and police. She suffered a broken leg and was taken to Northwestern Memorial Hospital.

The cab driver, 71, was in fair condition at Northwestern Memorial Hospital this afternoon. He suffered injuries considered non life-threatening, such as cuts and bruises.

More on this story can be seen at the June 27 Chicago Tribune story titled "1 dead, 2 hurt when cab hits parking garage in Streeterville."

According to the Illinois Department of Transportation City Summary Crash Report for Chicago, Year 2009 (the most recent data available), the amount of pedestrian accidents and fatalities is not insignificant.

Taxicab accidents are relatively common, due to the number of miles such vehicles are driven.

Taxicab accidents can be caused by a range of factors. These factors include driver error; drunk driving or drug use by the taxicab driver; errors in judgment by other motorists; equipment malfunction; poor weather conditions; and poor roadway conditions.

While it has yet to be disclosed as to what caused the above-mentioned taxicab accident, the Chicago Tribune story said the following:

Alex Perrin, 23, said he was walking to work at theChicago Tribune when he saw the Checker cab "going fast" down Illinois. It appeared to cut off another cab, then swerved out of control and hit a man standing on the sidewalk on the north side of Illinois, he said.

As the story also indicated:

The intersection of Illinois and Columbus was the scene of a fatal accident in May when a tour bus making a turn struck Justyna Palka, a 26-year-old graphic artist. The driver was charged with driving under the influence.

That accident was detailed in this blog in a May 4 post titled "Woman Struck And Killed By Tour Bus In Chicago, Illinois"

JERRY A. LATHEROW is the president of the Illinois Trial Lawyers Association (ITLA), P.O. Box 5000, Springfield, IL 62705, 800-252-8501. The Illinois Trial Lawyers Association is a statewide organization whose members specialize in representing injured consumers and workers. The objectives of ITLA are to secure and protect the rights of those injured in their persons or civil rights and defend trial by jury and the adversarial system of justice.

SOURCE Illinois Trial Lawyers Association:

We've all heard of the McDonald's coffee case - the one where the elderly woman spilled coffee in her lap and sued McDonald's for millions and won. This case happened nearly 20 years ago, but it's still the butt of jokes and used as an example of how Americans supposedly take advantage of our legal system. It is the very case that tort reformers across the country refer to when making their case for civil justice "reform."

A new documentary, Hot Coffee, reviews this infamous case and investigates why special interest groups - such as the U.S. Chamber of Commerce, funded behind the scenes by big tobacco, oil, insurance, pharmaceutical companies, and other such interests - want to undermine our civil justice system and restrict the legal rights of all Americans to exercise their constitutional guaranteed right to trial by jury and to receive fair and reasonable compensation for when they have been wronged. Hot Coffee premiers on HBO Monday, June 27 at 8 PM CDT.

I strongly encourage everyone to take the time to watch this documentary, especially the citizens of Illinois. Our state and its everyday citizens' are continuously attacked by corporate front groups, such as the U.S. Chamber of Commerce - not to be confused with your local Chamber of Commerce who supports local businesses. These attacks are an effort at so-called civil justice "reform." The U.S. Chamber, among other front groups funded by big tobacco and their sole-minded profit friends, attacks various judiciaries in Illinois giving certain counties false labels, such as "judicial hellhole." They throw around buzz words such as "jackpot justice" and "frivolous lawsuits." Their goal? To get citizens of Illinois to believe our justice system is being manipulated for profit. When in fact it is being manipulated for profit, by the powerful behind-the-scenes groups that fund the U.S. Chamber.

These front groups even go to the extent to hire marketing firms to taint jury pools before trials, just like they did in Madison County where a large corporation has been accused of contaminating drinking water for thousands of people. Fairness? These groups don't want fairness and they will continue to fight to increase their profits and excessive executive salaries, all at a cost to you and your family. Their goal is to strip you and me of our constitutional rights to fair and reasonable compensation when we are injured by corporate recklessness.

The film will also examine the impact of corporate America on our judicial elections and how millions of dollars are spent to elect judges who are sympathetic to business interests.

Please be sure to watch Hot Coffee on HBO. The documentary will be airing throughout June and July on HBO, check local listings for times. It will surely be an eye opening experience that will shed light on corporate America's attempt to modify the American jury trial system and prevent you and your family from getting fair compensation if you are one of their victims.

You can find out more by visiting http://hotcoffeethemovie.com or go to their Facebook page at http://www.facebook.com/hotcoffeethemovie.

The Bureau of Labor Statistics (BLS) has published a report on August 19 2010 titled "National Census Of Fatal Occupational Injuries In 2009 (Preliminary Results)"(pdf). According to this report:

A preliminary total of 4,340 fatal work injuries were recorded in the United States in 2009, down from a final count of 5,214 fatal work injuries in 2008. The 2009 total represents the smallest annual preliminary total since the Census of Fatal Occupational Injuries (CFOI) program was first conducted in 1992. Based on this preliminary count, the rate of fatal work injury for U.S. workers in 2009 was 3.3 per 100,000 full-time equivalent (FTE) workers, down from a final rate of 3.7 in 2008.

As mentioned in this report, the economy and the accompanying decrease of economic activity was a significant factor in decreasing the amount of fatal work injuries.

This report has a variety of statistics regarding occupational injuries; for purposes of this blog post a focus will be put on those that are transportation-related. As the report states:

Transportation incidents, which accounted for nearly two-fifths of all the fatal work injuries in 2009, fell 21 percent from the 2,130 fatal work injuries reported in 2008.

As seen in Table 1, there are a variety of categories of transportation accidents and the corresponding fatalities in 2008 vs. 2009.

Among these categories were the following:

• Highway
• Non-Highway
• Worker struck by a vehicle
• Railway accident
• Water Vehicle Accident
• Aircraft Accident

Table 2 had the following title: "Fatal occupational injuries by industry and selected event or exposure, 2009"

Table 3 had the following title: "Fatal occupational injuries by occupation and selected event or exposure, 2009"

Table 4 had the following title: "Fatal occupational injuries by selected worker characteristics and selected event or exposure, 2009"

Table 5 had the following title: "Fatal occupational injuries by state and event or exposure, 2008-2009"

Table 6 had the following title: "Table 6. CFOI participating agencies and telephone numbers"

As seen in Table 5, the state of Illinois had 158 total fatalities in 2009, including 46 transportation incidents

The report also speaks of construction-related accidents, which are also a significant cause of fatalities. The construction sector is shown as the leading sector in fatalities, with 816 in 2009.

The report states on page 3:

While workers in construction incurred the most fatal injuries of any industry in the private sector in 2009, the number of fatalities in construction declined 16 percent in 2009 after a decline of 19 percent in 2008. With this decrease, private construction fatalities are down by more than a third since reaching a series high in 2006. Economic conditions may explain much of this decline with total hours worked having declined 17 percent in construction in 2009, after a decline of 10 percent the year before. Fatal injuries involving workers in the construction of buildings were down 27 percent from 2008, with most of the decrease occurring in nonresidential building construction (down 44 percent to 55 cases). Heavy and civil engineering construction was down 12 percent, and the subsector with the largest number of fatal work injuries, specialty trade contractors, had 16 percent fewer fatalities in 2009 than in 2008.

The CDC (Center for Disease Control and Prevention) has published a variety of statistics with regard to automobile accidents and seat belt use.

One publication that discusses these statistics is a CDC "Vital Signs" bulletin titled "Adult Seat Belt Use in the U.S." As the bulletin reads:

Motor vehicle crashes are the leading cause of death for people age 5 - 34. Adult seat belt use is the single most effective way to save lives and reduce injuries in crashes. The percentage of adults who always wear seat belts increased from 80% to 85% between 2002 and 2008. Even so, 1 in 7 adults do not wear a seat belt on every trip. Primary enforcement seat belt laws make a big difference in getting more people to buckle up.* In 2010, 19 states--where 1 in 4 adult Americans live--did not have a primary law.

Also from the bulletin:

• "Using a seat belt on every trip is the most effective way to prevent injury and death."
• Seat belt use reduces serious injuries and deaths in crashes by 50%. Air bags provide added protection but are not a substitute for seat belts in a crash.

On page 3 of the bulletin, seat belt use is reported by sex, age and type of law.

On page 4, Illinois is shown to have a Primary Seat belt law, and the map indicates Illinois has 80-89% seat belt use in 2009.

Page 5 indicates "what can be done" ; i.e. suggestions as to promoting greater seat belt use. Among the suggestions are the following:

• Use a seat belt on every trip, no matter how short the trip may be.
• Encourage all passengers in the car to buckle up, including those in the back seat.

In another CDC report, titled "Morbidity and Mortality Weekly Report," dated January 7, 2011, it states that seat belt use (self-reported) has continued to rise in the U.S., reaching 85% in 2008. This compares to a figure of only 11% in 1982.

This report reiterates the statistic that seat belt use reduces the probability of serious injury during a crash by approximately 50%. It cites a National Highway Traffic Safety Administration (NHTSA) finding that the long-trend declining nonfatal traffic injuries was caused by a variety factors, including seat belt use, declines in alcohol-impaired driving, and improvements in vehicle safety (such as air bags & electronic stability control.)

The report concludes:

To reduce the number of crash-related injuries, all motor vehicle occupants should wear seat belts (or age-appropriate and size-appropriate restraints for children) on every trip. Although primary enforcement laws are a proven strategy for increasing seat belt use and reducing the number of injuries, as of January 2011, 19 states still do not have such laws in effect. States should consider enacting primary enforcement seat belt laws that are vigorously enforced and that cover all motor vehicle occupants of appropriate age and size, regardless of seating position in the vehicle.

The report also states the following, comparing seat belt use in the U.S. vs. that of European countries:

Many high-income countries in Europe have achieved high levels of seat belt use with primary enforcement laws that cover all vehicle occupants. Front-seat estimates of seat belt use are >90% in France (98%), Sweden (96%), Germany (95%), Netherlands (94%), Norway (93%), and United Kingdom (91%)] (13). Notably, the traffic fatality rate per 100,000 population in the United States is nearly double that of 21 selected European high-income countries (13).

According to a June 8 Chicago Tribune article titled "Cellphone patrol: More drivers report DUIs" an increasing number of DUIs and erratic driving is being reported by other drivers via cellphones.

From the article:

"People call all the time about erratic drivers," said Roger Wilson of Skokie's emergency dispatch center. He said the village typically receives a couple such calls every day.

As an increasing number of people have instant communication tools available to them wherever they go, officials from Skokie and several other north and northwest communities say they now see a steady stream of calls from drivers reporting other motorists in real time."

The article points out that authorities stress they don't make arrests strictly based on a report from a motorist; the police officer has to observe the erratic driving and have probable cause.

Indications of impaired driving can include the following:

• Driving too fast or too slow
• Making wide turns
• Drifting and/or weaving across traffic lanes
• Erratic Braking
• Driving without headlights at night

According to Mundelein police Chief Raymond Rose, it has become common to receive calls from motorists observing erratic behavior.

"There are lots of them happening," Rose said. "They follow the idea of community policing and community involvement. They're our eyes and ears. They're helping us and the community."

Some driver-safety groups offer rewards for reporting drunk drivers. Schaumburg-based Alliance Against Intoxicated Motorists, or AAIM, has a program named "Drunkbusters" that pays callers $100 for any tip that leads to an drunken-driving arrest. The program runs statewide during holidays but also is in effect year-round, albeit only in Lake, Kane, DuPage and Will counties.

Under the program, callers must identify themselves to the police dispatcher handling the call. In some cases, the caller might be asked to stay on the line to help in locating or identifying the vehicle in question.

The next business day, the caller can check with the police department to determine if the call led to an arrest for drunken driving.

If so, written confirmation is submitted to AAIM and a $100 check will be mailed to the caller, AAIM officials said.

AAIM Vice President Marti Belluschi stresses that more than money is at stake.

"Traffic safety affects everyone," said Belluschi, who said she was seriously injured as a teenager by a drunken driver who crossed three lanes of traffic and crashed head-on into her father's car.

"I would always encourage everyone to call police if they observe erratic driving," she said. "Public involvement is a large part of the answer to the problem of drunk driving."

According to AAIM, the Drunkbusters program has paid out $445,000 and led to more than 4,450 DU arrests since its start in 1990 through 2010. Last year, 345 arrest reward payments were made under the program.

Many officials stress that motorists should not put themselves or others at risk while trying to report another driver's erratic driving.

Callers who attempt to report an erratic driver are advised to provide a car description (including make, model and color); its location; and direction it is traveling, along with - if possible - a license plate number, description of the driver and number of passengers.

According to the Illinois Department of Transportation's (IDOT) "Fatal Crash Data for 2010" in the year 2010 there were 321 "Alcohol-Related Fatal Crashes" and 351 "Alcohol-Related Fatalities."

In 2009, "41.2 percent of all fatally injured drivers who were tested had a positive Blood Alcohol Concentration (BAC)." As well, "35.8 percent of the fatally injured drivers 16-20 years of age who were tested had a positive BAC."

Joannie Pittman, 47, was the driver of a car that was involved in a major automobile accident along the Dan Ryan expressway in Chicago yesterday, May 31.

The crash closed the expressway and caused heavy congestion of holiday traffic for about two hours Monday night.

She was picking up a chip when she lost control of her car; the car smashed into a guard rail, killing a baby and causing three other children serious injuries, according to officials.

Pittman's blood alcohol level was .164, more than twice the legal limit, according to prosecutors.

Pittman, 47, of the 5200 block of South Paulina Street, has been charged with aggravated DUI for an accident causing death and reckless homicide. Today she was ordered held on $350,000 bail, according to Tandra Simonton, a spokeswoman for the Cook County state's attorney's office.

Pittman had bloodshot, glassy eyes and smelled of alcohol, according to a police report. She told authorities that she had been "drinking a lot of beer" at a barbecue and had lost control of the car while "reaching down to pick up a chip."

Pittman was one of eight people (four adults and four children) in the 1993 Oldsmobile Cutlass as it traveled on the Dan Ryan at about 6:30 p.m., prosecutors said. "The car...only sits 5 and thus none of the children were in safety restraints, much less a car seat," prosecutors said today in court.

The accident was very traumatic for the children, as three of the four children were ejected from the vehicle.

The car crashed into the guardrail at 75th Street and spun around seven times, according to prosecutors. Illinois State Police found open beer cans in the car.

Killed in the crash was 11-month-old Everett Bramlett, according to the Cook County medical examiner's office. He was pronounced dead at the scene at 8:25 p.m.

Other accident victims included an 8 year-old boy who is in critical condition at Comer Children's Hospital with a lacerated liver. A 3-year-old girl and a 4-year-old girl suffered fractured skulls. Four women were also injured in the crash.

According to the Illinois Secretary of State's office, Pittman had a valid license and clean driving record except for a 1999 citation for not driving with valid insurance.

More details can be found in the Chicago Tribune story of June 1 titled "Cops: Woman in fatal crash was 'reaching for chip'"

The Illinois Department of Transportation (IDOT) reports the following state of Illinois Fatal Crash Data for year-to-date 2011 (through June 2):

• There have been 276 fatal crashes involving 303 fatalities
• There have been 45 alcohol-related fatal crashes involving involving 47 fatalities
• There have been 80 reported fatalities in which restraints were not used or used improperly
• In the entire year of 2010, Illinois had 349 alcohol-related fatalities.

Seat-belt and appropriate child restraints are two of the measures that the CDC (Center for Disease Control and Prevention) has named as strategies to prevent crash-related deaths and reduce medical and work loss costs. This topic was covered in a May 25 blog post titled "Illinois Ranked as 8th Highest State In Motor Vehicle Cost of Crash Deaths: CDC"

Additionally, the vehicle occupant safety laws concerning Illinois can be found on page 46 of the NHTSA document (pdf) "Summary of Vehicle Occupant Protection Laws"