North Chicago & St. Louis Injury Updates

Federal Funding Could Be Key To Distracted Driving Laws

Published on: June 10, 2013 | by Seidman, Margulis & Fairman, LLP

Firm News | June 10, 2013

When asked in a survey, 94 percent of drivers acknowledged that texting behind the wheel is dangerous. That survey, conducted in 2011, was one of the first to identify a serious problem in targeting distracted driving. While admitting the practice was dangerous, one-third of survey respondents indicated that they had texted while driving in previous month. They knew it was dangerous, but they did it anyway. Awareness campaigns and data indicated an increase in fatal car accidents caused by distracted driving do not seem to be enough. The question is, what can states do to get drivers to put down their phones?

The federal government is hoping to help states cross that divide by providing funding to states that taken certain measures against texting behind the wheel. To qualify for funds under the Moving Ahead for Progress in the 21st Century Act, states must make distracted driving a primary offense, ban texting even while a driver is stopped at a traffic light, allow police to fine texters for a first offense, provide escalated fines for later offenses, and, finally, add distracted driving issues to the driver’s license exam.

Independent Drivers Express Concern Over Larger Trucks

Published on: June 8, 2013 | by Seidman, Margulis & Fairman, LLP

Truck Accidents | June 8, 2013

Many facets of the trucking industry are regulated by state and federal laws. In an effort to reduce truck accident fatalities, lawmakers regulate things like hours of service for drivers, maintenance requirements for semis, health checks for drivers and much more. Congress is currently considering a proposal to make a change to a long-standing regulation concerning the size and weight of trucks allowed to operate on U.S. highways. One organization of independent truck drivers has expressed concern about the wisdom of allowing “supersized” semis on the roads.

Congress has ordered a study of existing highway laws. The study intends to look at many things, including raising the current size and weight restrictions placed on trucks. Large trucking companies have argued for an increase in the allowable size on the belief that larger trucks will help them reduce costs and thus be more profitable. Small and independent trucking companies are concerned that a change could lead to more accidents and would drive many smaller carriers out of business.

Handheld Cell Phone Ban Law Moving Forward

Published on: May 29, 2013 | by Seidman, Margulis & Fairman, LLP

Firm News | May 29, 2013

The Illinois House of Representatives has passed a bill to ban the use of handheld cell phones while operating a motor vehicle. The measure is intended to reduce the distracted driving accidents caused by drivers paying attention to their phones, rather than to safe driving. The bill now goes to Governor Pat Quinn. If he signs the bill into law, Illinois will become one of the earliest states to take this step in combating distracted driving.

Many communities in Illinois have already banned the use of handheld cell phones by drivers. Evanston blocked the practice three years ago and has reported a reduction in crashes, including fatal crashes, since the measure took effect. Despite the early success of handheld bans, the bill has many critics. One of the primary concerns is that distracted driving comes in many forms and the bill singles out one. Another concern is that it is not clear that hands-free devices are safer for drivers than handheld devices.

Motorists Would Penalize Texters For Dangerous Driving

Published on: May 15, 2013 | by Seidman, Margulis & Fairman, LLP

Firm News | May 15, 2013

A survey was commissioned by CarInsurance.com to ask drivers how insurance companies should screen and price car insurance policies. The results showed that many drivers consider texting behind the wheel a serious concern. Distracted driving has drawn substantial scrutiny recently as it has been tied to a rise in fatal car accidents. While many people continue to engage in the behavior, motorists in general seem to consider it a serious problem. If you have been involved in a car accident, contact our Chicago car accident lawyers today for a free consultation.

The survey results may reflect the status of texting behind the wheel as the latest craze in safety advocacy. For example, nearly 73 percent of those surveyed believe that a driver who is caught texting while driving should pay more for car insurance than a person who speeds. Texting is a growing problem, but studies have shown that speeding is a factor in roughly 33 percent of all fatal car crashes.

Hospitals In Rural Areas Suffer Elevated Death Rates

Published on: April 19, 2013 | by Seidman, Margulis & Fairman, LLP

Medical malpractice | April 19, 2013

Critical access hospitals are facilities designed to serve the needs of rural communities by providing 24-hour emergency services and both inpatient and outpatient services in areas where it might not be cost effective to do so. These small facilities receive special treatment in the Medicare program and are exempt certain reporting requirements. While death rates in larger hospitals dropped from 2002 to 2010, the death rates at these small rural hospitals increased. The increase calls into question whether the special treatment for these small hospitals is having a detrimental effect on the patients they serve by promoting medical mistakes.

The author of the study that revealed the deteriorating performance of critical access hospitals suggested that the facilities were “falling further and further behind.” The reason could be the differing standards used for these hospitals. First, Medicare has requirements concerning efficiency in treating patients. Those requirements are waived for critical access hospitals. Second, most hospitals are required to report how Medicare patients fare from their treatment. The CAH facilities to not have to report the results of the Medicare services they provide. A recent push to force hospitals to make their performance more easily accessible to the public may have little impact on rural facilities. Patients in these areas may not have a realistic choice in obtaining medical care. Even a facility with a poor track record could get a pass from patients who would have to drive more than an hour to get to another hospital.

Teens Can’t Match Adults For Dangerous Texting Frequency

Published on: March 29, 2013 | by Seidman, Margulis & Fairman, LLP

Car accidents | March 29, 2013

Texting and driving is a crime in most states, including Illinois. The practice has been banned due to the sharp increase in the chances of a car accident coming from a driver who is distracted by his or her cell phone. The behavior is often attributed to young people for whom cell phones have become an integral part of life. A recent study shows that, while teens certainly text and drive with alarming frequency, adults are actually greater offenders of texting behind the wheel. Teens may simply be mirroring the behavior of their parent’s generation.

A large part of the challenge of making the roads safe from the dangers of texting and driving is the attitudes of many Americans toward the practice. The study was conducted by AT&T and involved gathering survey responses from hundreds of teen and adult drivers. The survey showed that 98 percent of adult drivers are aware that texting and driving is a dangerous practice. Despite knowing that the behavior is unsafe, nearly 50 percent of them acknowledge texting and driving. Among teens, 43 percent admitted to texting and driving. Despite success in spreading the word about the dangerous nature of texting behind the wheel, laws and safety campaigns have not yet been successful at actually preventing people from engaging in this form of distracted driving.

Illinois Attempts To Ban Hand-Held Cell Phone Use While Driving

Published on: February 28, 2013 | by Seidman, Margulis & Fairman, LLP

Car accidents | February 28, 2013

Illinois is again considering becoming one of the handful of states that ban the use of hand-held cell phones while operating a motor vehicle. The majority of states, including Illinois, already ban texting while driving as a behavior associated with distracted driving accidents. A proposal to ban hand-held cell phone use was defeated in Senate last year. A new proposal was endorsed by a state House committee earlier this month. If the bill is passed by the full House, it will go to the state Senate where a similar bill was defeated last year.

The sponsor of the legislation indicated that the use of a hand-held cell phone increases a driver’s risk of getting into an accident by 800 percent. Distracted driving is a factor in roughly 10 percent of all fatal crashes. Cell phone use of one kind or another is a noteworthy contributor to the total number of distracted driving accidents. It is not clear whether hands-free devices are significantly safer to use while driving that hand-held devices.

2012 Fatal Car Accidents Stem From Drunk Driving, Other Causes

Published on: January 29, 2013 | by Seidman, Margulis & Fairman, LLP

Legal Articles | January 29, 2013

Illinois saw 867 fatal car accidents in 2012, according to the Illinois Department of Transportation. Specific data is not yet available with regard to how many of those crashes were related to alcohol use. Though holiday accident data for 2012 is also not yet available, historically accidents related to alcohol increase during holiday weekends such as Thanksgiving, Christmas and New Year’s. According to the National Highway Traffic Safety Administration, in 2010, more than 10,000 people died in U.S. highway accidents involving a drunk driver. Fatal accidents can result in lawsuits, including wrongful death claims. For more information, contact a Chicago wrongful death lawyer.

Several Chicago Area Fatal Accidents Occurred in 2012; Police Poised to Crack Down

Recalled Toys Could Cause Child Injuries

Published on: January 29, 2013 | by Seidman, Margulis & Fairman, LLP

Legal Articles | January 29, 2013

Every year, numerous toys are recalled because they pose safety risks to young children who may receive them as holiday presents. Sometimes recalls occur because the manufacturer or another entity determined the toys are unsafe. Other times, recalls are triggered by serious child injuries. Anyone shopping for gifts for a child should be aware of current recalls and common safety issues.

2012 Toy Recalls Are a Concern for Parents

New Software Helps Reduce Emergency Room Errors

Published on: January 29, 2013 | by Seidman, Margulis & Fairman, LLP

Legal Articles | January 29, 2013

The fast-paced environment of an emergency room creates situations in which errors are more likely to happen than in the rest of the hospital. Noise, an influx of patients exceeding the hospital’s resources, lack of communication and other factors can cause mistakes, including medication errors, treatment errors and discharge errors. Many of these errors are insignificant and go unnoticed, but emergency room errors can have serious repercussions ranging from discomfort to fatality.

Hospitals Seek to Minimize Emergency Room Errors Through Software Advances

Seidman, Margulis, & Fairman Blog

Several Chicago Area Fatal Accidents Occurred in 2012; Police Poised to Crack Down

2012 Toy Recalls Are a Concern for Parents

Hospitals Seek to Minimize Emergency Room Errors Through Software Advances