Archive for category: Blog

What Rights Do Truck Drivers Have When They Are Injured?

 

Working as a truck driver may put you at risk for certain injuries. Do truck companies remedy for their wrongs? Watch the video to learn more.

First, truck drivers, like every other worker, have rights guaranteed by their state that their employer must abide by. This includes workers’ compensation. When an employee is injured on the job, regardless of fault, the employer is required to pay workers’ compensation to the truck driver. This may include the time the driver is off work, his or her medical bills, and for what’s called total temporary disability. This may be the case even if your employer calls you an independent contractor.

Second, not all truck accidents happen while a driver is on the road. Many injuries happen when a driver is loading or unloading a shipment. It’s not uncommon to hear about injuries that happen when loading and unloading equipment, such as lift-gates, chassis pins, winch bars, pallet jacks, chains, etc.—when they don’t function as expected and injure the truck driver.

Third, truck drivers often take their breaks away from home and eat and sleep at truck stops, which face a lot of incoming and outgoing traffic. These premises should be kept clean and clear to prevent slips and falls, whether the truck driver is walking or bringing his vehicle in or out of the truck stop.

Like truck stops, loading and unloading premises must also be safe and clear so the trucker can work properly. There are often cases when truck drivers fall from elevations while loading and unloading. Cases include falling while making upper-level deliveries, falling into openings or on unclear stairs, or stepping into holes. Remember, truckers aren’t familiar and can’t control the terrain where they may be making their deliveries. It is the shipper’s or receiver’s responsibility to keep their premises clean and the traffic throughout their yards safe.

Remember, if you are injured in a truck accident, you may be able to collect compensation from both your employer and one or more third-parties, such as an equipment manufacturer, a truck stop, or a loading or unloading site. It takes a skilled truck accident injury attorney to review your case and find all the parties responsible for causing you harm.

If you have questions or have a loved one who’s a truck driver who’s out of work due to an injury, contact the Dinizulu Law Group, Ltd. at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email. We are here to answer all your questions and help you navigate through this difficult time.

80-Year-Old Crashes Through Deli Window in Niles and Goes Next Door for His Haircut Appointment

A strange accident occurred in Niles, IL a few weeks ago that left a storefront destroyed, but thankfully, no one injured. According to CBS Local News, an 80-year-old Niles man was on his way to his haircut appointment when he crashed his SUV right into the window of Captain Alex Seafood, which is a deli located in a Niles strip mall located at 8874 Milwaukee Avenue. But what the senior citizen did next will have you puzzled.

According to the source, the SUV came up just a few feet from the counter where many customers stand in line to place their orders, but there was no one inside the deli at the time of the crash except one worker. He recounted the story to Bryce Artmann, who is the owner of the deli as he was on his way to work just before the incident transpired. The employee said the man got out of his vehicle and was asked to stay on site, but he managed to “take off.” He went next door to Hair Designs Unlimited, “came in like nothing, and sat down for his appointment.”

The man told the barber that it was his car next door and that “he’s got insurance and he didn’t want to miss his haircut appointment.” Although Niles District Chief Rich Scipione confirmed the driver left the scene of the accident, police said no charges would be filed against him due to his diabetic condition and because the accident occurred on private property. Officials stated that the man “likely confused the brake with the gas pedal,” however, he would be referred to the Secretary of State’s Office to be retested for his driver’s license.

The truth is, many strange accidents occur on our roadways today. Tractor trailers carrying loads weighing tons flip and vehicles swerve into other lanes unexpectedly. And with more distracted car and truck drivers out on the roadways and teens learning how to drive, the roadway has become an extremely dangerous place. As you know, senior citizens are also more vulnerable to engaging in an accident as old age affects things like reaction times which brings us to the following question:

When should senior citizens consider limiting their driving?

Although there are plenty of self-sufficient seniors out there that are capable of driving, there are others that might be putting themselves at risk. Below we look at a few signs that might indicate it is time for a senior citizen to limit their driving or rely on someone else to take them to the places they need to go.

  1. They suffer from a medical condition which impacts their ability to safely navigate a vehicle. Conditions such as diabetes and vision loss can cause a driver to react more slowly and become less attentive, according to Property Casualty 360.
  2. They take medication that may impair their response and reaction times.
  3. The individual suffers from recognizable cognitive decline.
  4. Local road signs need to be upgraded which makes it more difficult for a senior to see and get where they need to go.
  5. The driver’s vehicle needs to be replaced.
  6. There is no need to drive. The source states that “an older person may significantly increase their lifespan when he or she makes the choice to stop driving.” And if there is really no need to drive, they can rely on public transportation or a family member to take them where they need to go when that time comes.

If you have a family member who is displaying signs that indicate it might be time to give up the keys, consider speaking with them about the alternative options that are available as opposed to them risking their lives when they choose to drive.

And if you or an elderly loved one has been involved in an accident and sustained injuries, consider contacting the Chicago personal injury attorneys at Dinizulu Law Group, Ltd. We will assess the details of the incident and help you recover the compensation you are rightfully due.

You can contact Dinizulu Law Group, Ltd. at:

221 North La Salle Drive, Suite 1100
Chicago, IL 60601
1-312-384-1920

When Filing a Nursing Home Complaint is Not Enough

 

If your loved one resides in a nursing home facility, chances are they are there because they need assistance in doing the things they used to be able to do independently. Nursing home facilities are utilized because they are able to provide 24-hour care and they have experienced medical professionals on site. These medical professionals monitor your family member’s prescriptions, meals, and build a care plan around your loved one’s dietary, medical, and social needs. Remember, you or your loved one signs a contract when entering the nursing home that both highlights your loved one’s needs and promises that these needs will be attended to.

Therefore, it is very important to say something if you notice instances of lacking care. Nursing home administrators should be notified immediately if you see:

  • A delayed response to your loved one’s call light
  • A fellow resident or staff member is rude and disrespectful
  • Prescriptions are not administered properly when they are needed
  • Your loved one’s hygiene suffers, such as their linens or undergarments are not regularly changed
  • Their possessions are missing
  • Your loved one is given food they don’t like, or is inedible, or against their dietary plan
  • The meals arrive late, or meals are being skipped entirely
  • Your loved one is isolated or afraid around particular caregivers

Mother and grandmother in nursing home

After your discussion with the facility’s administrators, such as the Director of Nursing, the Dietary Manager, and/or the Activities Director, your loved one’s concerns should be addressed immediately. Instead, if you see the same lacking care continue, it may be time to contact a knowledgeable and experienced nursing home neglect attorney.

While it always helps if you complain to the Illinois Department of Public Health (IDPH), for many residents, this is not enough to rectify the problem. Sometimes, IDPH may take longer than normal to investigate the complaint. Also, many nursing homes fall back on their old habits of bad care once they know the complaint is closed. In the meantime, your family member should not be suffering due to administrative back logs or the nursing home’s persistent wrongs. Contact the Dinizulu Law Group, Ltd. right away so our Chicago nursing home neglect attorneys can offer help for mom or dad. We can be reached at 1 (312) 384-1920 or 1 (800) 693-1LAW, or by email. Contact us to schedule a free initial consultation.

25 Congress Members Endorse Tearing Apart ELD Road Safety Rule

 

The ELD mandate that went effective Dec. 18, 2017 requires truckers and commercial carriers to input their worked hours on ELDs, or electronic logging devices. An exception to this new ELD rule allows truck drivers to track their hours on AOBRDs, or automatic on-board recording devices, until Dec. 16, 2019 if they are purchased before Dec. 18, 2017. A few other exceptions also apply to select truckers.

What can be praised about this rule is that it helps prevent tampering with work logs and helps ensure trucking companies are not forcing their employees to work longer than the legal limit. This law helps keep both truck drivers safe and protects other car drivers, cyclists, and pedestrians who must share the road with truckers.

But now the law is facing pushback. The Owner-Operator Independent Drivers Association (OOIDA), a lobbying arm of the trucking industry has filed a request with the Federal Motor Carrier Safety Administration (FMCSA) to encourage the agency to exempt small transportation trucking businesses from the ELD mandate for five years.

The key fact here is that most trucking companies would qualify as small transportation trucking business. If OOIDA’s request is granted, it would gut the long-settled electronic logging device rule by allowing nearly all trucking companies to delay compliance for another five years.

What’s even more worrisome is that 25 Congress members have endorsed OOIDA’s request, calling it “responsibly constructed” in a letter to FMCSA’s Deputy Administrator.

Common sense safety regulations should never take a backseat to the trucking industry’s financial interests. When people’s lives are concerned, safety should always be the first priority. When there are no repercussions against the trucking industry for creating an environment of overworked, fatigued drivers, it is our community members that pay the ultimate price. As truck accident injury attorneys, we get to see firsthand the devastating results when a tired, overworked driver is behind the wheel of a truck.

If you were hurt in an accident involving a fatigued truck driver, know that it’s not your fault. The Dinizulu Law Group, Ltd. offers help for the injured and holds the companies responsible for negligent behavior. Call us at 1-312-384-1920 or 1-800-693-1LAW or reach us by email to schedule a free initial consultation with an experienced Chicago truck accident lawyer.

How is Your Loved One’s Health Monitored in a Nursing Home?

 

When you place your elderly loved one in a nursing home, chances are they have medical conditions that need to be consistently monitored. How does a nursing home watch over your loved one? From managing medications and diet to monitoring new health challenges, how are these needs met? Watch the video to learn more.

A nursing home supports an infrastructure of medical professionals, ranging from dieticians, therapists, and nurses and doctors. Together, they manage and administer your loved one’s diet, medicine, and the needed medical tests.  Whether a patient has hypothyroidism, anemia, diabetes, Alzheimer’s or other serious medical conditions, the nursing home must facilitate the management of the medical care of your loved one. If they took your mom as their resident, they are asserting that they can manage the care appropriately for your loved one.

This only works if each member of the nursing home staff communicates with each other. For example, if the nurse does an assessment of a nursing resident, and observes a change in status, while often times she must not act alone, she must communicate this to the applicable doctor, dietician or specialized provider. The nurses are the eyes and ears of the doctors and the medical facility like a nursing home.

All this information is communicated across various levels of staff and different departments of the nursing home through verbal orders and patient charts. To effectively care for all their residents, a nursing home must have policies in place that require detailed documentation and clear channels of communication along with the appropriate guidelines for managing that care.

As a nursing home neglect attorney, I cannot tell you how many lives are lost due to these communication mistakes. If the nurse is overworked or overwhelmed like many are due to working in understaffed nursing homes, chances are he or she may forget to appropriately communicate to all of the providers. In such a case, the resident’s condition would go on untreated. For our elderly loved ones, this is a recipe for disaster. Nursing homes often make a deliberate choice to underhire staff to save expenses.

But you should know that if you or your loved one has been hurt due to a untreated condition, there are options for you. The Dinizulu Law Group, Ltd. has helped many people get justice when they are harmed in a nursing home that cuts corners. With over 50 years in combined experience and verdicts and settlements reaching millions, our nursing home neglect lawyers are here to fight for you. Call us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email.

You can also find more informational videos regarding nursing home neglect and injury matters from our nursing home abuse attorneys on our media page.

What are the Most Common Infections Found in Nursing Home Facilities?

When individuals reach a certain age in life, their bodies tend to take much longer to heal when injured and they become more susceptible to catching an illness or disease than when they were younger. Unfortunately, many nursing homes and other types of long-term care facilities are known for having infectious bacteria linger which can cause your loved one to become sick or gravely ill.

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What Makes the Summertime So Dangerous for Drivers?

Summer vacation will start in just a few weeks for many Chicago teens and many families will be preparing to take their long-anticipated vacations. While the summer is known to be that time of year where we can soak up some sun, spend quality time with family, and enjoy the outdoors a little more, it is also known for something else. Although the summertime has its perks, it also has its downfalls. Apparently, summer is known to be one of the most dangerous times of year for all drivers. What makes summer more dangerous than other seasons such as winter you might wonder? Here are the reasons:

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Who is Responsible for a Truck Accident?

 

If you were hit by a truck on the road, you might simply think that it was the truck driver who lost control and hit you and your vehicle. But the cause of your accident may be more complex and there may be much to uncover. Watch the video to learn more.

When a truck crash happens, a knowledgeable truck accident attorney will examine the many factors involved that resulted in the injury to you. The right attorney will ask you and the other parties certain questions to make sure that no stone is left unturned.

The proper attorney may involve the truck driver: Remember, the truck driver may have made an individual driving decision that was dangerous. Your injury could have been caused by distracted driving or speeding by the truck driver.

The attorney may involve the trucking company. The company who owns the truck and employs or contracts a driver must have proper hiring and training protocols in place. An attorney may uncover gaps in the truck company’s hiring and/or training practices, or may find that a trucking company is pressuring its drivers to work beyond their regulated hours. The attorney is also able to uncover whether a company is properly inspecting and maintaining its trucks.

Suppose the truck driver and trucking company did everything they could to ensure safety of those on the roadways. The crash could still have been caused by faulty parts. Defects in manufacturing or maintenance of brakes or chassis pins can sometimes be detected during a driver’s pre-truck inspection, but that’s not always the case. In that case, your attorney may involve the entities responsible for manufacturing the truck or its parts, or those responsible for maintaining the truck in your suit.

Furthermore, cargo companies are often responsible for securing a truck load. If an accident happens due to shifting cargo, your attorney can investigate if the cargo was secured based on industry practices.

To get to the root cause of your accident injury, your attorney must fully understand all the tools that are at his or her disposal during a case investigation. A knowledgeable and experienced attorney will be able to identify all the causes leading to your injuries.  Your full recovery is easier to accomplish when you are using attorneys who fully understand all the steps of litigation and arbitration.

At the Dinizulu Law Group, Ltd. our trucking accident trial attorneys have over 50 years of combined experience that we put to test every day. Call us at 1 (312) 384-1920 or 1 (800) 693-1LAW with your questions and concerns, or reach us by email. Our verdicts and settlements have helped many clients facing an uncertain time in their lives arrive at a place of relief and stability.

Understanding Elder Financial Exploitation and the Forms It Occurs in

Elder abuse comes in many forms, all of which you should be familiar with if you have a loved one living in a nursing home. The most common types of elder abuse include:

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Will the Side-View Mirrors on Trucks be Replaced with a Gadget that Has Proven to Improve Trucker Safety?

The trucking industry has been experiencing some drastic changes lately including truckers required to have ELDs (electronic logging devices) installed in their vehicles. Addtionally, there has been a push for autonomous trucks. Now we are learning of yet another change that may be here sooner than we think.  While some truckers weren’t thrilled about the ELD mandate, many will like this one. According to trucks.com, the company Stoneridge has put in a bid to the U.S Department of Transportation requesting that side mirrors  on big rigs and other commercial trucks be replaced with a “smarter” gadget that will improve trucker safety.

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