Chicago Personal Injury Lawyer Blog

Trains Set to Miss Important Safety Deadline

February 3, 2016 | By Dave Abels

Trains present a unique issue to the safety of those in the Chicago area. While many utilize the CTA elevated trains, and others use Amtrak or Metra to commute longer distances, some avoid trains in their entirety and see them only from a distance. Yet regardless of your level of use, trains present an issue to your personal safety in the city.

When a train accident happens, it can involve a single train, multiple trains, a train and one or more cars, or even a train and a pedestrian. As a result, anyone – not only those who ride a train – can be the victim of a train incident in Illinois.

Recent years have seen terrifying and deadly train derailments and collisions including an Amtrak derailment last year that killed eight and injured more than 200 people. Faced with earlier accidents that were claiming lives, the U.S. Congress passed legislation in 2008 that required positive train control, or PTC, on all trains that operate on tracks which service passenger trains. As passenger trains often travel over leased tracks as opposed to tracks that they own outright, this means that a very high percentage of the nation’s tracks will fall under this new legislation.

One-Third of Pedestrian Accidents involve Hit-and-Run Drivers

February 1, 2016 | By Dave Abels

If a driver is involved in a collision in Chicago, the laws require that motorist to remain at the scene to provide relevant information or until cleared by police officers. Yet despite this, many drivers who find themselves in a crash choose to flee the scene, disregarding the laws and potentially endangering the safety of victims who were hurt in a crash.

The phenomenon of hit-and-run accidents does not extend only to collisions between cars, though, as an increasing number of accidents involving pedestrians involve drivers who flee. The Chicago Tribune analyzed data from accidents involving walkers in a wide expanse of the city between 2005 and 2009 and concluded that one-third of those crashes involved a hit-and-run motorist.

Construction’s “Fatal Four” are Claiming Chicago Lives

January 29, 2016 | By Dave Abels

In a city the size of Chicago, there is a constant need for construction. Whether it is repair work to the existing roads, the erection of new buildings, or even retrofitting existing structures, construction is happening twelve months a year in this area and is the source of countless jobs. Construction is needed for the city to flourish but it also can be a safety hazard, placing those who are employed to do the work in dangerous situations that may lead to an on-the-job accident.

In 2014, 4,679 workers lost their lives in job accidents in the nation. That averages out to nearly 90 deaths per week or more than 13 deaths per day. Not only did these victims lose their lives but the victims’ families, friends, and loved ones suffered from these accidents as well, losing important members of their families and of our community and being forced to pick up the pieces after a tragic incident. Of all the deaths in the nation, the vast majority of them – 4,251 – occurred in private industry, and among those, construction workers were at particularly high risks for fatalities. According to the Occupational Safety & Health Administration (“OSHA”), 874 of the private industry fatalities happened in construction settings which is just over 20 percent of all private industry deaths, or one out of every five fatalities.

How Does a Car Accident Injury Claim in Chicago Work?

January 28, 2016 | By Dave Abels

Often, the victims of Chicago car accidents are not sure of the rights they possess. They may wonder who is liable for their damages or whether they are entitled to payment for the harm they suffered. These are common questions asked of personal injury attorneys in the city because until an accident happens to someone, they may be unaware of the process.

So how exactly does a claim for injuries from a car accident work? First, it is important to know that the state where the crash happened matters. In Illinois, victims who are hurt in a collision are protected by state laws which enable them to seek relief. A civil claim for damages can be brought, if a victim chooses to do so, against anyone or any entity responsible for the damages. Typically, that can include an at-fault driver, the owner of an at-fault car, a corporation that owned the vehicle or employed the at-fault driver, a city or municipality that is to blame for roadway conditions, a company that negligently built or serviced a car or portion of the vehicle, or even a victim’s own insurance company.

Chicago Parents are Failing to Replace Car Seats after Crashes

January 25, 2016 | By Dave Abels

An average Chicago driver will find herself involved in multiple car accidents over the course of her life. Some may be blamed on the fault of a driver, some may be blamed on poor weather or on a mechanical failure. And some may be difficult to determine fault.

If a car accident happens, the best result is one where no one involved is injured or otherwise harmed. While a crash will still be an inconvenience to all, the biggest threat will be avoided and those involved will be able to move forward with their lives.

Part of the recovery process from a collision involves having a vehicle repaired and all the damage addressed. In Illinois, the at-fault driver’s insurance company generally will be charged with repairing the harm done in a collision and with righting the wrongs that were done. It is important that parents understand when and how to replace their children’s car seats because experts believe not enough are replaced after a collision.

Common Causes of Injuries on CTA Buses

January 21, 2016 | By Dave Abels

CTA buses can be seen around Chicago on any day of the week and during any time of the year. According to the CTA, there are more than 1,800 buses in its fleet and providers almost one million rides on weekdays. There are so many people using the CTA buses that it may not be surprising to realize collisions, accidents, and other incidents involving the CTA happen every day – and many of them result in injuries to passengers on board.

Though harm can occur in almost any type of action, there are some instances that are more likely than others to leave people injured. Based on our experience as Chicago personal injury attorneys, the following are some examples of factors that can lead to harm:

Improperly Trained Drivers – When the CTA employs a new bus driver, that driver is educated and formally trained in all aspects of the job. However, mistakes are sometimes made and some drivers are not given the education they need to operate a vehicle in a safe and efficient manner. When this lack of training happens, passengers on board the bus, pedestrians nearby, and others in nearby cars are the ones who will suffer. A bus driver who does not know the rules of the road, is unfamiliar with a route, or who does not understand how to operate all of the safety features of a bus is at a particularly high risk for causing injuries.

Common Causes of Tire Blowout Accidents in Chicago

January 20, 2016 | By Dave Abels

A tire blowout accident or a collision caused by a defect in a tire can happen at any time during the year, yet the cold winter months are some of the most common. The extreme weather conditions that Chicago faces this time of year puts particular stress on standard tires and causes adjustments in their inflation as the air around the tire cools and warms.

Tire blowouts generally are caused by any incident that allows air or pressure to escape a vehicle’s tire, thereby preventing the tire from supporting the weight of the car. Often, this can happen when a vehicle is loaded too heavily, when a tire is punctured, when a massive tear or gouge happens to a tire, or when a tire impacts another object.

Winter Weather is Making Potholes Worse in Chicago

January 18, 2016 | By Dave Abels

If you drive in Chicago, you know that many of the city’s streets are in disrepair. Some areas are cracked, broken, or not maintained, leading to bumpy and uncomfortable rides for motorists. Often, these conditions pose not just an annoyance but a safety concern when potholes appear and are not repaired.

Potholes generally result from a combination of water and traffic in an area. As water seeps through and underneath a road’s surface, that water may freeze and turn to ice, disrupting the roadway above and causing it to crack or fail into a pothole. These conditions happen faster as the heavy weight of vehicles run over the area, pushing down on the asphalt and causing failures in the integrity of the pavement.

The nature of potholes means that once they exist, they will continue to worsen until they are addressed and repaired or until the affected pavement is replaced.

Many Injuries can be Caused in a Car Accident

January 15, 2016 | By Dave Abels

No one wants to be involved in a car accident. It is never a pleasant experience, always an inconvenience, and usually a costly incident that leaves it mark for some time after the actual impact takes place. However, millions of Americans become the victims of collisions each and every year in this country, and more than 100,000 collisions take place in the State of Illinois.

Car accidents can be broken down into many different categories and many different types but one of the most important factors continues to be whether or not injuries happened in that crash. If a collision does take place, the best scenario will be that no one is hurt and that everyone can walk away from the crash without worries about their personal health and safety. Unfortunately, though, about half of all accidents cause someone to be injured and that means that thousands of Chicago residents are hurt annually in collisions.

Who is to Blame for a Pedestrian versus Car Accident?

January 13, 2016 | By Dave Abels

When two or more people are involved in an accident, the laws in Illinois can be confusing about who is to blame and who is legally responsible for the damage. Making it more complicated is that the fault assigned by a police officer may not be the same as the fault determined in a court of law for the physical and financial damages that flow from that collision, leading many victims to wonder where they stand and whether they have a valid claim.

While any type of incident can be confusing, some of the most puzzling situations arise after a pedestrian accident with a car or other vehicle takes place. The determination of who is at fault will be made based on the totality of the circumstances immediately before and during the impact and it is rare that two crashes will be identical. For that reason, speaking with an experienced attorney or an expert in the field of pedestrian collisions can be helpful to understand your rights under Chicago laws.