Posted on September 24, 2019 in Car Accidents

In Illinois, bicyclists are permitted to share the roads with cars as long as they abide by the rules of the road. Bicycles are considered "vehicles" when they ride on the road and must obey traffic laws in order to avoid a collision. 

However, accidents can happen even if everyone involved is trying to be as safe as possible. It can happen as a result of driver distraction or ignorance of the bicyclists. Either way, Illinois is an "at-fault" state which means whoever is responsible for the accident will pay for the damages and any injuries sustained after the incident. Since bicyclists have less protection than a motorist, injuries can be catastrophic.

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 Posted on September 17, 2019 in Birth Injuries

While it is uncommon for babies to suffer serious birth injuries during an assisted birth, it can still happen if the doctor miscalculates or misuses a device.

If a mother is having difficulty during labor, a doctor will sometimes use forceps or a vacuum to help guide the baby through the birth canal. However, this should not be the first step to coaxing a baby through a difficult birth. It is risky to pull too hard on a baby during birth because it can lead to: 

• Nerve damage;
  
• Muscle weakness;
  
• Exterior eye injury;
  
• Skull fracture;
  
• Seizures; and
  
• Bleeding within the skull.
  

Most of the time the injuries are minor cuts to the baby’s scalp or wherever the forceps grab the baby, but parents whose child sustained more serious injuries should file a medical malpractice lawsuit as soon as possible.

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 Posted on September 06, 2019 in Truck Accidents

Illinois is cracking down on the number of people driving in the left lane on highways. It is the law that the left lane should be used for passing only and not for idle driving. However, there are times when cars need to be in the left lane – such as a left exit ramp – and so do trucks.

The best way to avoid a truck accident while merging lanes on the highway is to make sure you are not in the truck driver’s blind spots. Most truck drivers have a sign on the back of their vehicle reading “If you can’t see my mirrors, I can’t see you.” Motorists should keep this in mind every time they drive near trucks to avoid going undetected while passing.

Truck drivers need to also be aware of where their left-sided exit ramp is on the highway and be prepared for smaller vehicles passing on the left before they move over. If the driver does not check their mirrors and turn on their indicator light before moving, they could be putting another driver’s life at risk.

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 Posted on August 29, 2019 in Medical Malpractice

The main concern with every birth is getting the baby out safely, but the mother’s health also must be observed carefully. According to a recent report by USA Today, the preventable deaths of mothers during childbirth are on the rise in the country.

The report notes that one of the main causes of mothers’ deaths is hemorrhaging, or rapid blood loss that would go untreated by the hospital staff. Of these cases, 90 percent were avoidable, according to report, which means they could provide the basis for medical malpractice lawsuits.

Frightening Numbers

The report concluded that approximately 700 mothers die in childbirth a year across the country (15 per 10,000 births in Illinois from 2012-16), and at least half of them could have been saved if the mothers had been given better attention. These numbers are rising from year to year while other countries continue to reduce the death rate of mothers.

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 Posted on August 23, 2019 in Truck Accidents

Many jobs across the country require their workers to perform on tight deadlines. Truck drivers, especially, have their own deadlines for delivering goods to a destination. This is why sometimes drivers travel for too long and can become drowsy while still behind the wheel. Drowsy driving may be considered a negligent act by the truck operator because it can lead to serious accidents that often involve other people on the road.

The Reality of Drowsy Driving

The Centers for Disease Control and Prevention (CDC) reported that in 2013, drowsy driving accounted for about 72,000 crashes, 40,000 injuries, and 800 deaths. Truck drivers were included in the list of most likely to fall asleep at the wheel due to long shifts.

Truck drivers are allowed to drive a maximum of 11 hours in one day so long as they had at least 10 hours of non-driving time before the shift began, according to the Federal Motor Carrier Safety Administration. If drivers operate their vehicle for longer periods of time or just feel tired, but continue to drive, their senses and reaction time become impaired. Thus, they will be unable to react quick enough if they start to veer off the road or come into close contact with other drivers.

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 Posted on August 15, 2019 in Medical Malpractice

Every parent hopes for just one thing when they prepare for the birth of a child: a healthy baby. So, in cases where a baby is born with broken bones or another ailment, the special day can turn into a nightmare for the parents.

Birth injuries such as broken bones sustained during labor can leave a baby in a lot of pain and even the possibility of long-term disability. Unfortunately, the injury is commonly a result of medical negligence in which a doctor does not notice that a baby is too big to pass through the birth canal without injury. In such a case, the doctor should order for a cesarean birth to make the process easier for both mother and baby.

How do I Know if My Baby Was Born with a Broken Bone?

Babies can feel the pain of a broken bone just as easily as an adult can, but they cannot tell their parents or the doctor what is the source of their pain. According to the Birth Injury Guide, a clavicle (collarbone) break is the most common injury after a complicated delivery. It can be the result of not enough room for the baby to pass through the birth canal or too hard of a pull from the person delivering the baby.

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 Posted on August 07, 2019 in Medical Malpractice

When you go to a doctor or other medical professional, you hope that they will be able to accurately diagnosis and treat your aliment. An inaccurate diagnosis can result in a sick patient not getting essential treatment or receiving unneeded medical treatment which worsens their condition.

While no medical professional is perfect, there are some instances of misdiagnosis which are so egregious they are considered medical negligence. If you suffered due to a misdiagnosis or a loved one passed away because of complications related to a misdiagnosis, you may have a valid personal injury claim.

What Makes a Misdiagnosis an Example of Medical Malpractice?

Doctors, nurses, specialists, and other medical professionals cannot always immediately know what is wrong with a patient. The human body is unbelievably complex, and it is understandable that a doctor may consider several diagnoses before arriving at a conclusion. A diagnostic mistake by itself is therefore not enough to sustain a medical negligence claim. In order to bring a successful medical malpractice claim, patients must prove the following:

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 Posted on July 31, 2019 in Personal Injury

Any property owner, whether they own a residential home or a large-scale business, is required to keep that property reasonably safe. Any visitor to the property should not feel in danger of harm due to poor property maintenance or unorganized conditions, perhaps even a dog bite. If you have suffered an injury on someone else’s property, you may have a case under the Illinois Premises Liability Act. Premises liability law affects both property owners and those who become injured.

Invitees vs. Licensees

Prior to the 1995 amendment to the Illinois Premises Liability Act, those who would visit a property were defined separately as either invitees or licensees:

• Invitee: a person who visits the property for the benefit of the owner of that property (e.g. guests were invited over for party)
• Licensee: guests are visiting the property for their own amusement (e.g. patrons of an arcade)

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 Posted on July 30, 2019 in Personal Injury

The US Bureau of Labor Statistics operates a program called the Census of Fatal Occupational Injuries, often referred to simply as CFOI. This program helps to compile statistics on the deaths that occur in the workplace such as:

• Where the fatal injury took place;
• What job the person was performing;
• What industry the person worked in; and
• Other details that can help determine new laws and regulations to make the workplace safer for all employees.

In Illinois, the CFOI program has noted a significant drop in the number of deaths in the workplace in 2017, the most recent year for which data has been compiled, from 2010. While this is a step in the right direction, any death in the workplace is a tragedy that can leave a family in an emotional and financial mess.

Types of Injuries Sustained

Over half of the workplace fatalities in Illinois that occurred in 2017 were due to either slips, falls, and trips or those involving transportation. Slips and falls are usually, but not always, due to a dangerous work environment whether something was not cleaned up promptly or properly, or even due to equipment being left out where it can cause someone to trip.

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 Posted on July 22, 2019 in Truck Accidents

The number of commercial truck accidents has climbed substantially over the past few years. Could drug use among commercial truck drivers have been a contributing factor? A recent survey of truck driver applicants by the Trucking Alliance suggests that the answer to that question is, “yes.” 

The Trucking Alliance survey compared the results of urine testing alone versus a combination of urine plus hair testing, and they found a dramatic difference. Urinalysis alone failed to identify nine out of 10 illegal drug users. A combination of urine testing and hair testing was substantially more accurate in weeding out illegal drug users.

Based on these findings, the Trucking Alliance estimates that 300,000 commercial truck drivers on the roads today are illegal drug users whose drug usage was not revealed by the current urine-only drug-screening process.

Why Hair Testing Is Needed for Commercial Truck Drivers

Presently, the US Department of Transportation Drug and Alcohol Clearinghouse only accepts urine test results. Federal legislation passed in 2015 mandated the addition of hair testing, but the Department of Health and Human Services has yet to issue hair test guidelines.

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