Chicago Personal Injury Law Blog: August 2008

Enfield truck accident caused by mules

A fuel truck tipped over and caught fire when the truck driver struck a mule which had gotten out its enclosures and wandered into the road. The impact with the mule caused the hood of the truck to buckle and when the truck driver tried to pull to the shoulder of the road, a roll-over accident resulted. The cab of the fuel truck then caught fire.

While two other motorists were helping the driver of the fuel truck escape, the wreckage was hit by another truck which could not see the wreckage of the fuel truck. One of the rescuers was injured in the secondary truck collision.

This fact scenario calls to mind the rescue doctrine which basically states that when someone is responsible for an accident where a third party suffers injuries while attempting to rescue the victim, the wrongdoer is liable to the rescuer as well.

In this case, the owner of the mules would be responsible for the injuries under the Domestic Animals Running at Large Act, which places responsibility for injuries resulting from the acts of at-large animals on the owner of the animals. Because the owner would be liable to the driver of the fuel truck, he would be liable to the rescuer as well.

Labels: animal injuries, truck accidents

posted by Barry Doyle at 7:53 PM 0 comments

New tool to reduce pharmacy errors

The U.S. Pharmacoepeia, a standards-setting organization for the pharmacy industry, has announced the introduction of a new tool designed to reduce pharmacy errors due to look-alike or sound-alike medications. The new tool is called the Drug Error Finder.

The new tool catalogs the prescription errors that have been made because of similar medication names and/or similar medication appearances. It also rates the severity of the injuries resulting from the errors.

This is a welcome tool for both pharmacists and consumers as we all try to make sure that we are taking the right medications.

Labels: pharmacy malpractice

posted by Barry Doyle at 7:16 AM 0 comments

Sleeping truck driver produces fatal 10-car pile-up

Pennsylvania authorities recently announced that the driver of a truck responsible for a ten-car pile-up there last month that produced one fatality was asleep behind the wheel at the time of the wreck.

Federal regulations limit the number of hours that a truck driver can be behind the wheel of a truck. The reason for this is that studies have shown that drivers who are on the road when they are over-tired have the same problems controlling their vehicles as intoxicated drivers. Tired drivers are more prone to get involved in major trucking crashes.

With the great size and power of commercial trucks, the purpose of that regulation is to prevent serious injuries and wrongful death accidents. When a driver falls asleep behind the wheel, this raises serious issues as to the falsification logs which track the activities of the driver for measuring compliance with the regulations. This has the potential to anger the jury and motivate them to award higher damages than they would otherwise.

Labels: truck accidents, wrongful death

posted by Barry Doyle at 8:00 AM 0 comments

Poker run wreck injures motorcyclists

Two motorcyclists participating in a poker run to benefit the Coach Kill Cancer Fund were seriously injured when a driver failed to yield the right-of-way to them while he was making a left turn.

The failure to notice motorcyclists is a common theme in many motorcycle wrecks in which drivers fail to yield the right of way to a motorcycle. A federal study has shown that drivers frequently are unaware of the presence fo motorcyclists.

Here in Illinois, we have a limited number of months when motorcyclists are out on the road. It only takes a little extra effort to be aware of them.

Labels: motorcycle accidents

posted by Barry Doyle at 8:14 PM 0 comments

Video of police officer drinking before fatal crash

A security video from a bar has emerged in the investigation of Thanksgiving Day fatal car crash in which two people were killed by an off-duty Chicago police officer who was seen speeding shortly before the car wreck. The security video shows the officer drinking and doing shots with the bartender shortly before the accident. The officer was first tested for blood-alcohol content approximately 7 hours after the crash, at which time his level was approximately half the legal limit.

When there is a fatal drunk driving crash, the surviving members of the victim of the wrongful death accident are well-advised to hire competent counsel immediately. In addition to a civil remedy against the drunk driver there may be a basis for pursuing the bar where he got drunk under the Illinois Dram Shop Act. This is an avenue which requires prompt investigation because there is a one year statute of limitations on cases under the Dram Shop Act.

The other reason to hire counsel promptly is to move the investigation forward as quickly as possible, including preserving important evidence such as the videotape described involved in this case. This will be powerful evidence should a civil lawsuit reach a jury.

Labels: Car crashes, dram shop act, drunk driving accidents, wrongful death

posted by Barry Doyle at 12:30 PM 0 comments

Terrible conditions in Cincinnati nursing home

I saw a piece in a West Virginia newspaper about an incident that occurred in a nursing home in Cincinnati, Ohio. A police officer looking for a suspect in a nursing home saw such squalid conditions in the nursing home that he felt compelled to notify state authorities. Once notified, state inspectors issued a 200-page report of the violations they found.

The fact that there were that many violations speaks to a strong likelihood that the residents were receiving poor care and were victims of nursing home neglect. It also speaks powerfully to the failure of the state agency charged with ensuring that nursing home operators toe the line on patient care. The newspaper had this to say:

After patients at the Cincinnati nursing home are found new places in which to reside, local and state officials have a variety of questions to answer. Why were conditions at the home overlooked - or excused - apparently for years?
Even more disturbing: How many other nursing home patients are being forced to endure similar, unacceptable conditions?
It has been said that the measure of a society is how well it takes care of its most helpless members. Clearly, society - or, rather, government agencies on which we depend to safeguard the most helpless - failed at the Cincinnati nursing home.After patients at the Cincinnati nursing home are found new places in which to reside, local and state officials have a variety of questions to answer. Why were conditions at the home overlooked - or excused - apparently for years?
The idea that a society can be measured by how we care for and protect our most vulnerable members is a setiment with which I strongly agree, and is one of the reasons that I represent the victims of nursing home abuse and neglect cases.

Labels: Nursing home abuse and neglect

posted by Barry Doyle at 6:37 AM 1 comments

Doctrine of unavoidable accidents

One of the things that injured drivers face in any kind of car accident lawsuit other than a rear-end collision is a claim of contributory negligence. This is an affirmative defense, which means that the defendant bears the burden of proof on the issue. The basic feature of the defense is that the defendant claims that the plaintiff did something negligent to cause the accident.

When a jury finds that the defense has merit, it can have a devastating effect on the plaintiff's verdict. In Illinois, if a jury finds that the plaintiff is more than 50% at fault for causing the accident, the result is a defense verdict. When a jury assesses the plaintiff's fault as being anything up to 50% of the cause of the accident, the plaintiff's verdict is reduced proportionately. For example, if the jury found that the plaintiff sustained $100,000 in damages, but was 30% at fault, the verdict would be reduced to $70,000.

The Illinois Appellate Court recently published a decision on the doctrine of unavoidable accidents. In essence, it means that when a driver has the right-of-way and another driver pulls in front of him in such close proximity that he cannot stop or avoid the accident, the actions of the driver who has the right-of-way is not considered the cause of the accident.

The doctrine of unavoidable accidents is a powerful tool for injured drivers who have the right-of-way in a collision. This includes cases where the at-fault driver fails to stop at a stop sign, emerges from a driveway, or makes a left-hand turn in front of oncoming traffic. It provides a means for eliminating claims that the injured plaintiff was contributorily negligent and limits the chances for the defense to limit the damages of the injured driver.

Labels: Car crashes

posted by Barry Doyle at 6:59 PM 0 comments

Short-staffing an issue in nursing home fall lawsuit

A widower in Montana has filed a wrongful death lawsuit against a Montana nursing home for the death of his wife. During a five-week stay at the facility, she had repeated falls, with at least four documented falls. The last fall resulted in a cerebral hemorrhage which caused her death.

The lawsuit raises a couple of different issues which are common in nursing home abuse and neglect cases. The first is the inadequacy of the staffing. The second is the failure to revise the care plan for fall prevention.

Short-staffing of nursing homes is a common issue in nursing home neglect cases. When you take the depositions of the staff members, you will find that they simply have too many patients to care for properly, even if they will not admit it explicitly. The inadequate staff levels are a product of the fact that most nursing homes are for-profit. Since nursing homes are paid a set amount per day per resident by Medicare, Medicaid, or private health insurance, the only way for nursing home owners to push up their profit margin is to cut out care related items. Direct care staff salaries are the largest item in a nursing home budget, and reducing these expenditures are an easy way to boost the bottom line. Unfortunately the quest for profits comes at the expense of the well-being of the residents.

There are regulations which govern minimum staff levels. Illinois has a mathematical formula, and virtually every facility meets the formula. The federal standard is more stringent in that it requires the facility to have enough staff on hand to meet the care needs of the residents on a 24/7 basis. In other words, not having enough people is never an excuse. Many family members I speak with tell me that the staff people in the home are working hard, but there is just too much for them to do. Statements like that are the hallmark of a home which is short-staffed.

The other issue that the Montana case raises is one relating to the revision of the care plan. The care plan is the road map for how the staff will maintain the well-being of the resident. Fall prevention is an important issue in the nursing home industry because falls have such a terrible effect on the mortality and morbidity of the residents. Once a care plan is put into place, its effectiveness must be continually reassessed. If a resident has a fall prevention care plan in place and it is not working, as was the case here where the resident had multiple falls in a short time frame, a new care plan has to be put into place. Failing to revise an inadequate care plan is a form of neglect and can be the basis for a lawsuit alleging violations of the Nursing Home Care Act.

Labels: brain injury, falls in nursing homes, Nursing home abuse and neglect, wrongful death

posted by Barry Doyle at 5:56 AM 0 comments

Elevator falls six floors to basement

A New York woman suffered brain injuries recently when the elevator car she was in fell from the sixth floor down into the basement of her apartment building. Residents of the building claimed that there had been prior incidents of the elevator falling in an uncontrolled manner, resulting injury to another building resident.

Owners of buildings that have elevators have an unusual legal status. They are considered common carriers, which means that like bus and train operators, they must exercise the highest degree of care to assure the safety of passengers of the elevator car. Most often, building owners rely on the expertise of elevator companies to maintain and repair the elevator cars.

When there is an injury due an elevator such as an elevator car falling or a levelling problem with an elevator car, injured people can usually look to both the building owner and the maintenance company as defendants in their personal injury lawsuit.

Labels: brain injury, elevator accidents, slip and fall accidents

posted by Barry Doyle at 9:00 AM 0 comments

Bartonville couple in catastrophic motorcycle accident

Last month, a couple from Bartonville were seriously injured in a motorcycle crash. The accident occurred when the other driver failed to yield the right of way and crashed into the motorcycle. The husband suffered injuries which resulted in a below the knee amputation; the wife suffered multiple fractures and road rash.

Unfortunately for them, they only had liability insurance on the motorcycle and did not have health or disability insurance which would cover some of the $200,000 plus in medical bills they incurred. Adding insult to injury, both lost their jobs while hospitalized.

Motorcycle crashes like this are the reason that you should obtain as much underinsured motorist coverage as possible. Uninsured and underinsured motorist coverage provides benefits to you and your family when you are in a catastrophic accident like the one this couple was in. When you buy or renew your auto insurance coverage, please be sure to ask about your uninsured and underinsured motorist coverage.

Labels: Car crashes, motorcycle accidents, underinsured motorist claims

posted by Barry Doyle at 10:11 AM 0 comments

Pedestrian struck by car dies of injuries

A pedestrian struck by a car on July 28 at the intersection of Pearson and Miner in Des Plaines died this past Monday. He was hospitalized at Lutheran General Hospital since the accident.

When someone dies as a result of any accident, there are two bases of recovery. The first of these is the survival action, which is for the injuries that the decedent suffered prior to death, including damages for pain and suffering, disability, lost wages, and medical expenses. The other basis of recovery is the wrongful death action which is for the losses suffered by the next of kin as a result of the death, including losses for economic support and loss of society, which is essentially the loss of the family relationship. Also, due to recent amendments to the Illinois Wrongful Death Act, there is also a right to recover for the grief caused by the death.

Labels: Car crashes, wrongful death

posted by Barry Doyle at 8:40 PM 0 comments

Cell phones under-reported cause of car crashes

The Chicago Tribune ran a piece recently regarding the role of cell phones in car crashes. Illinois authorities have determined that cell phones played a major role in 1,357 car crashes. It is widely believed that the role of cell phones in car crashes was greatly under-reported due to law enforcement failing to indicate the role of cell phones in causing accidents on the police reports which are the basis for figures covered in the report. The Distracted Drivers Task Force issued its report with a number of proposals to curb distracted driving, which includes enhanced penalties for car crashes caused by distracted driving. The distractions caused by cell phone use is similar to driving while intoxicated, so anything that can be done to curb cell phone use while driving is worth consideration.

Labels: Car crashes

posted by Barry Doyle at 9:29 PM 0 comments

Service worker files dog bite lawsuit

Last week in Florida, a service technician filed a lawsuit against the owner of a 90-pound German Shepherd dog that bit him multiple times when he went to the home to make a service call. In the unprovoked attack, the technician was bitten in the crotch, knee,ankle, elbow, chest, and back.

Service technicians who suffer dog bite injuries while making calls such as happened in this case are eligible to collect worker's compensation benefits. However, the level of compensation available through worker's compensation is pretty minimal. Another avenue of compensation for people in this position is to pursue a case against the home owner through the dog owner's homeowner's insurance. This allows the injured worker to recover the full measure of damages instead of the inadequate remedy under worker's compensation.

Labels: dog bite attacks, workers compensation

posted by Barry Doyle at 6:00 AM 0 comments

Semis involved in two chain collisions

Tractor trailers were involved in two chain collisions over the weekend. Fortunately, none of the accidents resulted in fatal injuries.

In Ohio, a semi approaching a construction zone failed to stop in time and rear-ended a minivan, pushing it into the rear of another tractor-trailer which was stopped approaching the work zone. Rescuers had to cut open the minivan to remove the children who were injured inside.

In Colorado, at the merge of two highways a truck rear-ended an SUV which was ahead of him, pushing it into the vehicle ahead. The tractor trailer also struck another vehicle which brought three more vehicles into pile-up. One man was sustained serious burn injuries, while another man was seriously injured so as to require evacuation by helicopter; two others sustained less serious injuries.

There are a few common threads to these two truck accidents. One is the enormous weight and power of a commercial truck and the potential it has to cause severe damage and injury. The second is the difficulty that these vehicles have in coming to a stop when they are moving on the highway. Finally, these accidents all occurred in areas where fast-moving traffic slows -- a merge of expressways and a construction zone -- where long-haul truckers may not be familiar with the local traffic patterns and with a moment of inattention, can cause terrible accidents.

Labels: burn injuries, truck accidents

posted by Barry Doyle at 7:45 AM 0 comments

Three die from carbon monoxide poisoning in Olney

Last week, three women were found dead in a camper in Olney from carbon monoxide poisoning. Local authorities are looking at the camper's generator as a possible source of the carbon monoxide.

As most people know, carbon monoxide is a colorless, odorless, and tasteless gas, which makes it very hard to detect. It is a natural by-product of the burning of carbon-based products. When people are exposed to excessive levels of carbon monoxide, heart damage, brain damage, and/or death can result. Concern is greatest about carbon monoxide poisoning during the winter months when people are using gas appliances to heat their homes. However, carbon monoxide is created through the use of many power tools and devices. This includes camping items such as portable genrators and proprane lanterns. When these items are in use, you need to make sure that there is adequate venting to allow the carbon monoxide to escape and fresh air in.

When a wrongful death accident like this occurs, the natural instinct is to throw the product away. However, in order to preserve your right to pursue a product liability case against the manufacturer, you need to keep and preserve the product and anything that went with it, such as the box and owner's manuals. These are crucial pieces of evidence in a products liability case, and their loss or destruction may result in the loss of your case.

Labels: carbon monoxide poisoning, dangerous products, wrongful death

posted by Barry Doyle at 9:22 AM 0 comments

Web site provides information on physicians

In effort to provide more information to consumers about their health care providers, the Department of Financial & Professional Regulation has created a Physician Profile Search tool on their web site which allows consumers to easily access public information about their doctors. The site allows consumers to see whether there have been medical malpractice settlements or judgments against the doctors, as well as any disciplinary actions.

This is valuable information for consumers to have, but there are some weaknesses. One is that the site does not identify pending actions against physicians. You would have to check the web site of the local clerk of the circuit court. Also, when medical malpractice cases are settled with the doctor and his or her practice group, it is common to have the individual physician dismissed from the case before the settlement is finalized. When this happens, the reporting requirement is not triggered, so the actual number of settlements is probably understated by the information on the web site.

Labels: medical malpractice

posted by Barry Doyle at 8:11 AM 0 comments

Great new advertising by Coors

Most of the time when I see anti-smoking ads by tobacco companies or "drink responsibly" ads by beer of liquor companies, the amount of insincerity and hypocrisy that goes with those ads makes my head spin. However, I was taking el the other day and saw a new ad that I think hits the nail on the head.

It is the new "You Hold the Key - Never Drive Drunk" ads that Coors has out. It is effective advertising, linking the car key image with the drinker's role as the key decision maker as to whether to get behind the wheel or not. It also has an absolute -- never drive drunk -- which replaces hazier concepts like drinking responsibly. It is probably the best piece of billboard advertising I have seen against drunk driving.

According to MADD 15,827 people were killed in drunk driving accidents. Far more lives were wrecked because of injuries from drunk driving accidents and the loss of loved ones. The key choice in every one of those accidents was the choice to get behind the wheel when the driver was too drunk to do so.

Labels: Car crashes, drunk driving accidents

posted by Barry Doyle at 6:47 PM 0 comments

Listing of dangerous intersections for Chicago pedestrians

I wrote earlier on the Chicago Sun-Times list of the most dangerous intersections for car crashes. They followed that article with one in today's paper which listed the most dangerous intersections for pedestrians. The intersections studied were all in the City of Chicago, and the reporter in her blog posted the full list of the dangerous intersections for pedestrians.

Injuries from pedestrian-motor vehicle accidents are often devastating for the pedestrian, often resulting in severe injuries and wrongful death lawsuits. One thing that people frequently do not realize when they are the victim of this kind of an accident is that they can potentially make a claim under their own policies for uninsured motorist or underinsured motorist claims.

These policies do not require that you be in a vehicle at the time of the injury; all you have to be a relative residing with someone who is a named insured under the policy. There have been cases which we have worked on where the victim was a pedestrian in a hit-and-run case where the sole avenue of recovery was the uninsured motorist coverage. Families which do not seek knowledgeable counsel may miss that avenue for recovery after a serious accident where a family member is hit by a car.

Labels: Car crashes

posted by Barry Doyle at 8:39 PM 0 comments

Drunk driver causes accident in Adam Township

An car crash took place early Sunday morning at Route 23 and US 41 in Adams Township. LaSalle County Sheriff's deputies responded to the emergency. The crash happened when a drunk driver ran a stop sign and failed to yield the right-of-way to the other motorist. The driver who was not at fault for the accident had to be air-lifted from the scene and was taken to Good Samaritan Hospital in Downers Grove.

When a drunk driver is at fault for a car crash, one potential avenue of recovery for the victim is a claim under the Dram Shop Act. A dram shop is any licensed provider of liquor, including a bar or restaurant. When the actions of a person who became intoxicated at a dram shop cause injuries to another person, the Dram Shop Act imposes liability upon the dram shop.

The amount that can be recovered is capped, but is adjusted every year to account for inflation. According to the office of the state comptroller, for damages for cases under the Dram Shop Act are capped; for accidents occurring on or after January 20, 2008 the cap is $58,599.59 for non-fatal injuries and $71,621.72 for fatal injuries.

When people suffer injuries at the hands of a drunk driver, these injuries can be devastating, including spinal cord injuries or mild traumatic brain injuries. The Dram Shop Act can provide an additional avenue of recovery for victims.

Victims do need to be aware that there is a short statute of limitations for Dram Shop Act cases -- just one year, so you should be careful to act quickly to hire well-qualified counsel.

Labels: Car crashes, dram shop act, drunk driving accidents, mild traumatic brain injury

posted by Barry Doyle at 8:08 PM 0 comments

Rehab patient sues over bed sores

A news item from Ohio came to my attention recently where a nursing home resident filed suit against the facility that she had been admitted to after she developed bed sores due to poor nursing home care. The resident was admitted to the facility to recover from a broken hip after being hit by a car. The poor care left her with bone deep, Stage IV pressure ulcers. The records showed that she did not have the pressure ulcers when she was admitted to the facility.

Federal regulations provide that when someone is admitted to a nursing home without pressure ulcers, they should not develop them unless they are clinically unavoidable. This is a very high standard for the nursing home to meet. The resident's lawyer has it right when he claims that the pressure ulcers were due to poor assessment of the resident, poor development of a care plan, and poor execution of the care plan.

In our practice, when we are dealing with cases involving bed sores, one of the items that we scrutinize closely are the nursing notes that are made when a resident is transferred from one facility to another. If the resident had pressure sores at the time of transfer, the receiving facility goes to great lengths to document the full extent of the bed sores that were present at the time of transfer. That way, they cannot be blamed for their development.

Frequently, you will see great disparities between what the transferring facility has noted and what the receiving facility documents on transfer. This is a fertile area for developing a liability case against a nursing home for poor pressure ulcer care.

Labels: bed sores, Nursing home abuse and neglect

posted by Barry Doyle at 6:00 AM 1 comments

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Chicago Personal Injury Law Blog

Serving Chicago, Rockford, Aurora, and Surrounding Areas

Enfield truck accident caused by mules

New tool to reduce pharmacy errors

Sleeping truck driver produces fatal 10-car pile-up

Poker run wreck injures motorcyclists

Video of police officer drinking before fatal crash

Terrible conditions in Cincinnati nursing home

Doctrine of unavoidable accidents

Short-staffing an issue in nursing home fall lawsuit

Elevator falls six floors to basement

Bartonville couple in catastrophic motorcycle accident

Pedestrian struck by car dies of injuries

Cell phones under-reported cause of car crashes

Service worker files dog bite lawsuit

Semis involved in two chain collisions

Three die from carbon monoxide poisoning in Olney

Web site provides information on physicians

Great new advertising by Coors

Listing of dangerous intersections for Chicago pedestrians

Drunk driver causes accident in Adam Township

Rehab patient sues over bed sores