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Failure to Use Turn Signals Is the Biggest Culprit in Auto Accidents

CO — Fri, 18 May 2012 13:44:36 +0000

(Photo credit: 7mary3)

Reducing auto accidents may be as simple as using your turn signal, according to a new study. Although distracted driving is blamed for many car accidents, the real culprit may actually be the failure of drivers’ to use their turn signal. According to a study conducted by the Society of Automotive Engineers, nearly 2 million accidents a year are caused by drivers’ failure to use a turn signal.

This MSNBC article states that research shows that more than twice as many accidents are caused by drivers who fail to use their turn signal than distracted driving. In fact, drivers fail to use their turn signals nearly half of the time they change lanes, and a quarter of the time that they make a turn.

“This is a first of its kind report on a subject that amazingly, has never been studied,” said Richard Ponziani, P.E., President of RLP Engineering and author of the report said in the MSNBC article.

Despite the relative ease of using turn signals, drivers often fail to comply with traffic rules regarding their appropriate use. Ponziani argues that drivers must share on ongoing responsibility for using turn signals, “just as they have a duty to stop at a stop sign or at a red light.”

Some also suggest that the lack of turn signals epidemic is exacerbated by the fact that the police put much less effort into enforcing turn signal laws than other traffic laws, like speeding and red light violations.

Ponzini promotes the “Smart Turn Signal” system – a mechanism that would automatically shut off a turn signal by timing out after a set delay or detecting when a vehicle has finished changing lanes – as “the perfect complement to the Stability Control System since Stability Control predominately prevents single-vehicle crashes, whereas the Smart Turn Signal prevents multi-vehicle crashes.”

At Steinberg Goodman & Kalish, our skilled Illinois auto accident attorneys are dedicated to promoting safe driving habits and protecting the victims of motor vehicle accidents. We represent the victims of head on collisions, rear end collisions, motorcycle accidents, drunk driving accidents, and distracted driving accidents.

Contact the experienced Chicago auto accident attorneys at Steinberg Goodman & Kalish today to schedule your free consultation to learn more about your rights following an auto accident.

Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.

Number of Accidental Deaths Decreases

CO — Fri, 18 May 2012 13:41:50 +0000

(Photo credit: Wikipedia)

Mixed data reported by the U.S. Centers for Disease Control and Prevention (CDC) indicates that children today are safer by some measures, but more at risk by others. According to the CDC, accidental deaths of children decreased 30 percent from 2000 to 2009, which was due, in large part, to the decline in traffic deaths. According to the CDC’s report, the reduction in motor vehicle deaths is due to factors such as child safety improvements, increased booster seat use, and graduated licensing systems for teen drivers.

Despite the decline in accidental deaths of children, there is much work to be done. According to this article, the CDC reports that more than 9,000 young people still die annually from motor-vehicle-related accidents, fires, poisoning, drowning, falls, and other unintentional injuries. In fact, despite the decline, accidental injuries are still the leading cause of deaths for children ages 1 to 19.

Although the CDC saw a 41 percent reduction in traffic fatalities, accidental poisonings actually rose by 80 percent. Approximately half of the victims of the most recent poisoning deaths were teens ages 15 to 19 who overdosed on prescriptiondrugs.

“As promising as the results of the CDC report are, parents and pediatricians need to work to prevent each and every injury to children,” Estevan Garcia, director of pediatric emergency medicine at Maimonides Medical Center in New York, told HealthDay. “These injuries are devastating to families and are preventable.”

According to this Health Day article, CDC research indicates that the number of deaths due to prescription drug overdoses among teens could be reduced through appropriate prescribing; proper storage and disposal; discouraging medication sharing; and state-based prescription drug monitoring programs.

The CDC report also noted that suffocation rates increased by 54 percent among infants less than 1 year old, which could be curbed by following the American Academy of Pediatrics’ safe infant sleeping environment guidelines, which recommend that infants sleep in safe cribs, alone and on their backs, with no loose bedding or soft toys.

Child injury death rates varied substantially by state in 2009, with less than five deaths per 100,000 children in Massachusetts and 23 deaths per 100,000 children in New Jersey and more than 23 deaths per 100,000 children in South Dakota and Mississippi.

“Every four seconds, a child is treated for an injury in the emergency department, and every hour a child dies as a result of an injury,” Linda Degutis, director of CDC’s National Center for Injury Prevention and Control, said in an agency news release, according to the article.

Bicycle Safety

CO — Mon, 16 Apr 2012 18:47:47 +0000

Marin MTB (Photo credit: Wikipedia)

The weather is warming up and Chicago area bicyclists are hitting the road. With warmer weather, more people choose to ride their bike to work and children are riding their bikes to and from school. In addition, people of all ages often ride bikes as a form of exercise and recreation.

Bicyclists are reminded to take note of bicycle safety tips. You should make sure that your bike is in good condition for riding, and that all parts are secure and working properly.

The National Highway Traffic Safety Administration offers the following bicycle safety tips.

Wear a Properly Fitted Bicycle Helmet. A properly fitted can protect your brain from traumatic head injuries and potentially save your life.
Adjust Your Bicycle. Parents should make sure that their child’s bicycle is the right side. Younger children should be able to put one foot on the ground while seated on the bike seat. For older children and adults, there should be 1 to 2 inches between you and the bike bar if using a road bike, and 3 to 4 inches if a mountain bicycle. The seat should be level and adjusted to allow a slight bend at the knee when the leg is fully extended. The handlebar height should be at the same level as the seat.
Check All Bike Equipment. Make sure that tires are inflated and breaks are working properly before riding your bike.
See and Be Seen. It is recommended that bicyclists wear neon, fluorescent, or other bright colors whether riding during the day or at night. It is also recommended that bicyclists wear something that reflects light, such as reflective tape or markings, or flashing lights. It is important to remember that just because you, as a bicyclist, can see drivers, it doesn’t mean that drivers can see you.
Maintain Control Over Your Bicycle. Always ride with at least one hand on the handlebars. Use a backpack or bike carrier to carry objects.
Watch for and Avoid Road Hazards. Be mindful of road hazards such as potholes, broken glass, gravel, puddles, leaves, and dogs.
Avoid Riding at Night If Necessary. It is much more dangerous to ride your bike at night than during the daytime because you are not as visible to motorists. If you must ride at night, make sure to wear something that will allow you to be easily seen by motorists like florescent clothing or reflective tape. Make sure your bike has front and rear reflectors, as well as reflectors on your tires. In fact, many states require that bikes have white lights on the front and red rear reflectors.

What to Do If You Are the Victim of a Hit and Run Accident?

CO — Mon, 16 Apr 2012 18:45:32 +0000

Chrysler Sebring involved in an auto accident (Photo credit: Wikipedia)

If you have been the victim of a hit and run accident, you are likely angry, hurt, and confused. Whether you were a pedestrian or bicyclist who was hit by a motor vehicle, or your car was hit while you were away from it, you have certain legal rights to compensation. But it is important that you act promptly.

Even though you do not know the identity of the party responsible for the injuries and damages that you have sustained, you are still entitled to compensation under your own insurance policy’s uninsured motorist provisions. Unfortunately, insurance companies are often difficult to deal with even when they are under an obligation to provide compensation pursuant to the policy. In these situations, an experienced Chicago auto accident attorney can go a long way in protecting your rights and advocating on your behalf to ensure that you receive the most favorable settlement possible.

What to do if you are the victim of a hit and run auto accident

There are several things to remember if you are in a hit and run accident.

Immediately assess any injuries or damage caused by the accident. Document the injuries and damages to the extent possible by taking photos and getting the names and contact information of any witnesses.
Notify the policy and obtain medical treatment, if necessary.
Maintain accurate and detailed records, of any information you have on the accident, including any information on the other driver, any potential witnesses, photos, medical bills, and medical reports.
Contact an experienced Chicago auto accident attorney to help you understand your legal rights and advocate on your behalf.
Notify your insurance company of the accident. Because insurance companies frequently take a systematic, formulaic approach to determining claim amounts, it is crucial to enlist the help of a skilled Chicago auto accident attorney to advocate on your behalf.

What to Do If You Witness a Hit and Run Accident

According to this article by ABC News, there are several things that bystanders to a hit and run accident can do.

“There’s some common sense things people can do,” says Arthur Hsieh, a paramedic and the chief executive officer of the San Francisco Paramedic Association. First, says Hsieh, citizens should make sure the area is safe to approach the person who’s been hit.

“Many people will stop their own cars or people will wave down traffic,” says Hsieh. “But if there’s a lot of traffic in the roadway there’s absolutely no expectation for someone to risk their own life to rescue someone else.”

Once cars have stopped, Hsieh says people should follow a few basic rules

Call 911.
Do not move the person.
Do not give the person anything to eat or drink because vomit can interfere with later medical treatment.

Dangers of Untested Medical Devices

CO — Mon, 16 Apr 2012 18:41:34 +0000

The patient’s right hip joint replaced by a metal head and a plastic cup. (Photo credit: Wikipedia)

A recent Consumers Report investigation has revealed some startling news regarding medical devices. One would expect that, because medical devices are inserted into a person’s body, they are tested and retested to ensure adherence to stringent safety standards. But the Consumer Reports revealed that this may not be the case. In fact, the report found that many medical devices are not clinically tested at all.

According to this ABC News article, some medical devices, including defibrillators, joint replacements and surgical mesh, have not been clinically tested prior to approval by the U.S. Food and Drug Administration and use by physicians throughout the country.

In the article, Dr. Stephen Tower reveals that his artificial hip replacement because to cause him so much pain and exhaustion that he decided to have it removed. When it was removed, they found that the “tissues around the hip had been destroyed and that metal debris was spreading down [his] thigh.” Friction in the artificial joint had caused cobalt, which is a toxic metal, to be released in his body, which eventually led to serious tissue, heart, brain and thyroid problems.

Tower’s hip replacement – the ASR XL – had never been clinically tested before the FDA approved the medical device to be sold and inserted into patient’s bodies.

In addition to dangerous hip replacements, “[h]undreds of thousands of women have had mesh slings inserted to support internal organs as they age, like the uterus and bladder,” says Nancy Metcalf, Consumer Reports senior editor. “Again, these products were never clinically tested before being marketed for this use.”

Despite the fact that the FDA’s database shows thousands of complaints about transvaginal mesh, the medical device is still on the market.

In the article, Metcalf states, “We strongly believe that the FDA should require rigorous testing for implantable devices just like they do for prescription drugs now.” Consumer Reports suggests that the creation of a national registry for medical devices is necessary in order to track implanted medical devices and alert patients of any problems with the devices. Currently there is no such tracking program for medical devices in the country, and many suspect that only a small portion of problems with medical devices actually get reported.

Last April, we reported that two U.S. Senators – Sens. Michael Bennet (D-Colo.) and Lamar Alexander (R-Tenn.), both members of the Senate Committee on Health, Education, labor and Pensions – asked the FDA to increase their oversight of medical product manufacturers following product recalls at Triad Group. The senators had submitted a letter to the FDA in which they expressed their concern that the FDA was aware of manufacturing sterility and contamination problems at Triad Group as early as July 2009, but failed to take appropriate action to protect the public until late 2010. In their letter, the Senators urged the FDA to review its oversight procedures with respect to medical product manufacturing to ensure that manufacturers comply with recommended safety measures.

Report Shows Fewer Children’s Products Recalled, but More Recalls Are Ignored

CO — Wed, 04 Apr 2012 23:16:58 +0000

A new report from the consumer advocacy group Kids In Danger reveals that fewer children’s products were recalled in 2011 than the previous year, but parents aren’t necessarily heeding the recall warnings. Specifically, the report shows that recalls of children’s products decreased 24 percent from 2010, but the number of injuries associated with recalled products increased seven percent.

Pooh Poppin' Piano a diatonic one octave toy piano (Photo credit: Wikipedia)

Other noteworthy findings from the report include the following:

Nursery products were the most-recalled category, accounting for 30% of children’s recalls, followed closely by toys at 26%.
The most injurious product prior to recall during 2011 was girl’s Keds shoes with decorative stars that caused 27 reports of lacerations.
There were three deaths in 2011 prior to recall in children’s products, with two strangulations involving a nursery monitor and one entrapment in a bunk bed.
The Consumer Product Safety Commission (CPSC) imposed a total of $3.9 million in fines for companies who violated safety regulations, mostly for failing to report choking, poisoning and drawstrings in clothing and one for selling a banned substance.
Seventy percent of recalling companies offered a full refund, replacement product or merchandise credit, 27 percent of recalling companies offered a repair kit or replacement parts and three percent offered only new labels or nothing at all.
Eleven of the recalled products were reported to SaferProducts.gov prior to recall and 13 of the recalled products had reports after the recall was announced.

According to this article, Nancy Cowles, the advocacy group’s executive director, points to higher safety standards and new third party safety confirmations as part of the reason for the reduction in recalls. “New requirements to avoid lead in children’s products and for safer cribs went into effect about the same time,” Cowles said, which she suspects may be part of the reason that the number of recalls has decreased.

Unfortunately, consumers do not seem to be observing the recommendations of the CPSC. According to the report by Kids In Danger, the number of injuries associated with recalls of children’s products in 2011 increased seven percent from 2010. Moreover, only 15 percent of recalled children’s products are returned for repair, according to the CPSC.

Parents and other consumers are advised to register new products with the manufacturer so that they can get direct notification in the event that a product is recalled or there are other safety problems with the product. Parents and other consumers can also check their products for safety at www.SaferProducts.gov.

Know Your Personal Injury Rights

CO — Thu, 22 Mar 2012 02:00:41 +0000

Most of us will, at some point in our lives, be involved in a personal injury accident – whether we are rear-ended by the driver behind us, we slip and fall on a wet floor at the grocery store, we do not receive the appropriate medical care, or we are bitten by the neighbor’s dog. Some personal injury accidents are relatively minor and the victim recoveries quickly and with minimal expense. Other the other hand, some personal injury accidents can leave a victim seriously injured, unable to work, and facing mounting medical bills and loss of income.

Courtroom in in . The Classical Revival courthouse was built in 1890, and is listed in the . (Photo credit: Wikipedia)

It is important that you understand your rights if you have been in a personal injury accident, such as an auto accident, trucking accident or medical malpractice. The following explains what you should know if you are in a personal injury accident:

Get medical attention as soon as possible. It is important to retain all copies of medical bills and receipts since they can be crucial to proving the extent and nature of your injuries, as well as the amount of damages to which you may be entitled.
Call the police, if necessary. In some personal injury accidents, it will be necessary to call in the police. In other situations, the police may not be necessary. For instance, if you are in a car accident or you are bitten by an animal, the police should be called immediately. On the other hand, if you are the victim of medical malpractice, you may not need to notify the police.
Whether the police are involved or not, you must document the accident and preserve evidence. If the police are involved, make sure that the police report contains accurate and necessary information. If the police are not involved, you should document the accident as soon as possible by writing down all pertinent information. You may also want to take photos of the scene of the accident or any damages. Make sure to save all medical bills and receipts, and retain copies of your medical records.
Hire an Attorney. Personal injury lawsuits involve an area of law called “tort law,” which includes complex legal issues such as negligence, strict liability, product liability, and premises liability. Tort laws vary from state to state so it is important to hire an attorney that understands the laws of the state in which the lawsuit will be filed. At Steinberg, Goodman & Kalish, we are well-versed in the various tort laws of Illinois and we have considerable experience representing clients in complex personal injury lawsuits, including those involving medical malpractice, brain injuries, nursing home abuse, wrongful death, serious automobile accidents and commercial trucking accidents.

Will Cell Phone Use While Driving Soon Be Banned in Illinois?

CO — Thu, 22 Mar 2012 01:54:47 +0000

Person using cell phone while driving. (Photo credit: Wikipedia)

The Illinois House of Representatives passed a bill last week that would ban all cell phone use while driving in the State of Illinois, unless the driver is using a hand-free device. The bill passed the House by a vote of 62-53 and now goes before the Illinois Seneate for consideration.

According to this article in the Huffington Post, the bill would exempt use of two-way mobile radios and calls made in emergencies. Violators would face a moving violation and a $75 fine for their first offense.

“If we want to get serious about stopping distracted driving and saving lives on the roadway, there needs to be a severe penalty involved,” the bill’s sponsor, state Rep. John D’Amico (D-Chicago), told the GateHouse News Service of the proposal.

Currently, Illinois and Chicago laws and ordinances prohibit the following use of electronic devices while driving:

Drivers under the age of 19 are prohibited from using wireless phones (with or without hands-free devices) while driving.
All drivers are prohibited from text messaging, emailing, and using the Internet while driving.
Drivers are prohibited from using cellular phones in school speed zones and construction/road maintenance zones.
In Chicago, all drivers talking on mobile phones must use hands-free devices.

Evanston is considering taking a more stringent stance on cell phone use while driving by considering a ban on all cell phone use while driving, including hands-free devices, according to the Chicago Tribune. If approved, Evanston’s ban would be among the strictest laws in the country on cell phone while driving.

The ban is not without critics, however. State Rep. Jim Durkin (R-Countryside) has said that he voted against the proposal because he would like to see additional exceptions to the ban, including those situations in which “someone is actually in harm’s way, or if they’re lost or if they’re trying to navigate out of a high-crime area.”

As we earlier reported, the National Transportation Safety Board (NTSB) is calling for a nationwide ban on texting and making phone calls while driving. The NTSB’s recommendation specifically asks all 50 states and Washington D.C. to ban all nonemergency use of cell phones and other portable electronic devices for all drivers.

Texting and talking on a cell phone while driving can be incredibly dangerous, causing auto accidents and trucking accidents. In 2009, nearly 5,500 fatalities and 500,000 injuries resulted from crashes involving a distracted driver, according to the NHTSA.

How Illegal Immigrants Are Affected in Personal Injury Claims

CO — Tue, 28 Feb 2012 22:07:08 +0000

If you are the victim of a personal injury accident, such as an auto accident or medical malpractice, you have legal rights to recover for medical expenses, lost wages, and other damages. If you are an undocumented worker or an illegal immigrant, you may wonder how you can pursue these legal rights. It is essential to consult with knowledgeable personal injury attorneys in order to understand your legal rights and how to proceed in order to protect those rights.

The Chicago personal injury lawyers at Steinberg Goodman & Kalish have significant experience representing clients in complex personal injury matters, including auto accidents, medical malpractice, wrongful death, product liability, and slip and fall accidents. If you are an illegal immigrant and have been injured in an accident, do not hesitate to contact our office to learn more about you legal rights to recover for your injuries and damages.

Victims of personal injury accidents are often confused about whether they are entitled to recover for his or her damages, and if so, the amount of the recovery that may be available. It is important that all personal injury victims – including undocumented workers and illegal immigrants – understand the personal injury lawsuit process before making any important legal decisions. Accordingly, it is essential to consult with a knowledgeable personal injury attorney, like those at the Chicago personal injury law firm of Steinberg Goodman & Kalish, and there are a number of factors to consider when consulting with an attorney. If you are an illegal immigrant, it is also important to hire a personal injury attorney who is sensitive to your immigration status.

It is essential that any personal injury attorney representing a plaintiff that is an illegal immigrant attempt to prevent the introduction of any prejudicial evidence in advance of the trial. Attorneys can help to prevent the introduction of prejudicial evidence by filing motions in limine to bar any evidence or arguments regarding the immigration status of the plaintiff, or any other witness in the case.

Victims of personal injury accidents may be eligible to receive compensation for medical bills, loss of income, permanent disability, emotional distress, pain and suffering, property damages, and other injuries. Although personal injury victims are generally entitled to recover lost wages, but in the case of illegal immigrant plaintiffs, the recovery of past lost wages may be difficult to obtain. Future lost wages may be recoverable, however, since an undocumented worked could obtain legal status or return to his or her own country to work if not for the injury.

Update on Tort Reform

CO — Tue, 28 Feb 2012 22:01:17 +0000

Tort reform initiatives are gaining momentum. As we have reported, several states are currently considering various tort reform initiatives that would cap the amount of damages that plaintiffs can recover in certain personal injury lawsuits, such as those involving allegations of medical malpractice. The latest state to introduce tort reform legislation is Pennsylvania. The proposed Pennsylvania legislation specifically targets Philadelphia, which has been has long been maligned by defendants in the personal injury lawsuits.

Currently, plaintiffs are allowed to litigate their claims in Philadelphia from anywhere in the state, but under the proposed bill, Pennsylvania’s local courts could only hear personal injury cases when the plaintiff is a resident, a corporation is locally headquartered, or the incident occurred in that district.

Pennsylvania is also seeking to reform the way the state handles joint and several liability in personal injury actions. In June 2011, Pennsylvania limited joint and several liability damages to a defendant’s share of the verdict if the defendant was less than 60% liable. Previously, plaintiffs were allowed to recover for 100% of their award from any defendant, even those who were minimally liable.

Other state governments that are considering tort reform include Tennessee, Virginia, North Carolina and Texas. For instance, Texas governor Rick Perry wants to limit non-economic damages, such as pain and suffering, at $250,000 in medical malpractice lawsuits against doctors and $750,000 for medical malpractice lawsuits against hospitals. Proponents of tort reform believe that limiting recovery in medical malpractice cases will help the nation’s health care system by reducing malpractice insurance costs for doctors and health care providers. Gov. Perry’s personal injury reform initiatives in Texas began in 2003 with the passage of legislation that limited the amount of money a plaintiff could receive in a medical malpractice lawsuit.

Tort reform initiatives, such as those that seek to impose damage caps, face a number of hurdles, however. Caps on damages may be deemed unconstitutional since the Seventh Amendment guarantees the right to a trial by jury in civil cases based on common law, which imposes no caps on civil trial damage awards by juries. Moreover, medical malpractice tort reform undoubtedly hurts patients and the public by failing to hold doctors, hospitals and other medical professionals financially responsible for their injuries or deaths that they have caused. As we recently reported, the vast majority of personal injury lawsuits are not frivolous. In fact, a study conducted by the Harvard School of Public Health analyzing more than 1,400 medical malpractice claims concluded that the majority of medical malpractice claims were meritorious and involved “injuries due to error,” with 80% involving death or serious injury.