Archive for category: Personal injury law

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.

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.

Chicago Truck Accident Attorneys Share Five Tips for Teens on How to Stay Safe Around Commercial Vehicles

Teens have a lot to learn when it comes to driving. Because of their inexperience on the roadway, teens are often unaware of the hazardous conditions that contribute to an accident. Take for instance the weather. While most teens should know that rainy weather makes for a slippery roadway, some don’t and drive as though the rain does not heighten the risk of an accident. Aside from inclement weather, some teens are also unaware about how to operate their vehicle properlywhen sharing the roadway with large commercial trucks.

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Tips for Driving on Black Ice

The freezing cold weather conditions in Chicago, IL have led to dangerous roadway conditions for drivers. Black ice and freezing rain have caused hundreds of collisions already, some ending with fatalities. ABC Chicago 7 reported that a Winter Weather Advisory was in effect in Cook, DuPage, Ford, Grundy, Kane, Kankakee, Kendall, Livingston and Will counties in the state of Illinois as the weather conditions continue to contribute to major accidents. Illinois State Police reported that at least 135 collisions occurred in Kendall, Grundy, and Will counties and one of the worst was said to involve 20 vehicles. The collision occurred on I-57 near 159th Street and involved a semi-truck.

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What Should I Do If My Vehicle Becomes Disabled on the Highway?

A major truck accident recently occurred in Chicago that left the Dan Ryan Expressway shut down for nearly two hours. According to Patch.com, a semi-tractor trailer was transporting wrecked cars when it hit a disabled vehicle that was pulled off into a local right lane on the expressway. As a result of the impact, the side of the semi broke open and the wrecked vehicles it was carrying spilled out. The Illinois State Police reported that the accident occurred around 12:30 p.m. and one person sustained injuries, although they were said to be minor. That individual happened to be the driver of the disabled car that was pulled off into the right lane.

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What is the Number One Cause of Truck Accidents?

 

Driver fatigue is an extremely common problem in the trucking industry. A study done by the Federal Motor Carrier Safety Administration found fatigued drivers are the #1 cause of truck collisions.

When these tired and overworked truck drivers cause accidents, as you may know, these are not minor accidents. Car drivers and passengers who are in a collision with a truck are very likely to suffer serious life-long injuries or even death.

There are rules in place to prevent these deadly accidents. The Federal Motor Carrier Safety Administration regulates the hours truck drivers can spend on the road per day and per week. Watch the video to learn more.

The law is that truck drivers can work:

  • A maximum of 70 hrs. in 8 days if their employer operates every single day of the week.  If the employer is closed any day of the week, then truck drivers can work up to 60 hrs. in 7 days.
  • Within these 60 or 70 hrs in about a week, truck drivers must only work a maximum of 14 hrs. per day. Only 11 of these 14 hrs. can be behind the wheel. After a truck driver has driven the maximum of 11 hrs., they must rest for 10 hrs. straight before starting work again.
  • After working for 8 days or 7 days as per the limit of days that applies to them, truck drivers can only restart work after resting for 34 hrs.

These safety rules were created based on many studies that examined the needs of truck drivers so that they can be alert on the road. They are safety rules that every trucking company should live by to protect us all from danger and mayhem. But many companies force their drivers to skirt these safety rules. Truck companies oftentimes push their drivers to work past the set driving limits in an effort to take shortcuts. This undermines the safety of us all. It creates an environment of fatigued and stressed drivers who are high risks on the road. These exhausted drivers end up injuring not just themselves, but our community members who will suffer more severe and oftentimes irreversible injuries or death.

Truck driver fatigue continues to harm individuals and their families. If you are watching this video because you have your own questions or have a loved one injured due to a fatigued truck driver, you shouldn’t feel alone. Contact the Dinizulu Law Group, Ltd. at 1-312-384-1920 or 1-800-693-1LAW. We are here to answer all your questions and help you navigate through this difficult time.

Tips to Ensure Your Holiday Drive is a Safe One

With Christmas and New Year’s only a few days away, you can expect that the roadways are going to fill up quickly with anxious travelers on their way to visit friends and family. Local residents may also be headed out simply looking for a good time. But, the holidays don’t only bring out locals. Many commercial trucks and freight shipping courier companies with also have their vehicles out driving too as gifts and packages are being sent across the country to make it in time for the holidays.

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One Foster Child Threatens Another – What Happened Next?

 

There are thousands of children and young adults livings in independent living environments facilitated by professionals. Many of these children have lost their parents to death and drugs to no fault of their own. These children and young adults have been in foster and group homes — and so many have faced unbearable abuse. When our state funds these foster, group homes and private independent living institutions, we expect that these caretakers are attentive and helpful to the needs of these children and young adults. The providers in this case failed in this sacred duty and were examined by state investigators. Watch the video to learn more.

At this facility, my client Tammy and a fellow resident Barbara didn’t get along. In fact, there was a long history of altercations between the two. One altercation turned violent resulting in the arrest of 17 year old child Barabara. While being arrested in front of her care takers Barbara yelled to Tammy my client, “I’m going to get your key and get you.”

This Barbara had lost a lot in her life and was suffering from mental health illnesses and was on psychotropic medication. Barbara had been deemed by DCFS staff as particularly violent. After three months, Barbara was released from jail.

Then, this unstable minor returned to her independent living community and tricked the manager of this institution into giving Barbara, Tammy’s keys. Barbara this disturbed young child in the middle of the night entered Tammy’s home with this key, grabbed a knife and stabbed Tammy to death.

Tammy’s distraught siblings contacted me. Our Chicago wrongful death attorneys investigated the matter and learned that the independent living institution was to meet Barbara at release, but they did not show up in time.  Being concerned, one of the social workers called her manager to inform her that she was concerned for my client Tammy’s safety. You see this social worker witnessed the threat Barbara made to Tammy. We also uncovered that the entire independent living institution should have been aware that a DCFS social worker indicated that Barbara would someday kill someone.

We also were able to prove that the manager that turned over the wrong key, failed to follow the known procedures of checking the room key with the person’s name. Compounding this error, the manager failed to follow-procedure and remove Tammy from the impending danger.

No one should ever have access to your apartment without your consent, especially not a sworn enemy who in front of the police threatened to get you. After uncovering the evidence of institutional failures, this case settled for a significant amount for the death of Tammy.

If you have a question about abuse or neglect in a foster or group home, or in an independent living environment, you may need an experienced wrongful death lawyer or personal injury trial attorney. Based in Chicago, the Dinizulu Law Group, Ltd. handles these matters all the time. Contact our office at 1-312-384-1920 or 1-800-693-1LAW.

Commercial Truck Accidents are Among the Deadliest Types of Automobile Accidents

A tragic truck accident occurred just a few weeks back leaving three people dead and one critically injured. The accident involved a semi tractor-trailer and a 2012 Chevrolet passenger car. The occupants who didn’t survive the accident were 19-year-old Julius J. Green, Precious M. Horace, 19, and Monteene D. Taylor, 21. The last passenger, who managed to survive the collision, was said to be in critical condition at Advocate Christ Medical Center. According to the Chicago Tribune, the occupants of the Chevrolet were not wearing their seatbelts and one person was partially ejected from the vehicle.

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