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Highway Construction Companies Must Keep Drivers Safe

 

Our client was a passenger of a vehicle being driven through a poorly lighted construction site. It was extremely dark, and the placement of the construction barrels appeared to create a lane of traffic. As a result, the driver of the vehicle struck the exposed end of a median wall. Starting only with the Smart Crash Traffic Report, our attorneys began our own investigation. Watch the video to learn what happened.

From one line in the accident crash report we learned that the Crash Reconstruction officer had determined that the configuration of the orange construction barrels, suggested that there were three lanes of travel instead of two, leading the driver into a concrete crash barrier for an underpass.

We filed a lawsuit and learned that this road used to have four lanes and was currently under construction lead by the general contractor K-Five construction whose subcontractors were Highway Safety, the subcontractor responsible for temporary safety control devices, and Midwest Fence, the subcontractor responsible for the selection and implementation of the crash cushions.

A crash cushion typically is those big yellow barrels with black tops that are placed on the highways when you are getting off a highway. Those crash cushions are created to soften the blows when drivers don’t see the concrete walls, especially when dark.

According to the design plans designed by Graef-USA, for the Illinois Department of Transportation– K-Five construction was to implement this construction site following the Federal and State Highway Construction Rules of the Road – which were being done to expressly address a history of crashes in to the concrete barrier wall at that overpass.

We learned that the Highway construction rules mandated, a flashing arrow board was supposed to be placed in front of this third lane — the driver went down, type III barricades  were to line the lane along with orange construction barrels for 100 yards and finally they were mandated to have  crash cushions for any new construction sites.   None were present on the day of the crash. The only traffic devices that remained on the roadway were a few random barrels, which were not properly placed.

Had K-Five construction chosen to follow the rules they were required by IDOT– by maintaining proper traffic control devices our client would be alive today to care for his family.  This case settled for a significant amount.

If you have questions about roadway construction accidents, call 1-312-384-1920 or 1-800-693-1LAW or reach us by email. With over 50 years of combined experience and millions recovered in verdicts and settlements, let our experienced car and truck accident attorneys in Chicago help you. Visit our firm’s media page, where you can view more videos and media content from the Dinizulu Law Group, Ltd.

Dinizulu Law Group, Ltd.
221 North LaSalle
Suite 1100
Chicago, IL 60601
1-800-693-1LAW
1-312-384-1920
info@dinizululawgroup.com

Doctors Must Treat Bacterial Illnesses Differently From Viral Illnesses

 

The medical community has agreed upon standards that doctors must abide by when they treat a patient for a bacterial infection vs. treating them for a viral one.

While most viral infections are allowed to run their course, bacterial infections are treated with prescribed antibiotics. When you go to the doctor with certain symptoms, a good doctor will take all the necessary precautions while evaluating your illness. He or she must first rule out the worst possible illnesses that you may have contracted. Diseases like sepsis and meningitis are life-threatening conditions that are easily preventable if a doctor does his or her due diligence.

There are various ways to do this. The doctor might ask you further questions about your symptoms, examine your nose, throat, temperature, or may even order additional testing or lab work.

The doctor must take all the necessary steps to get to the root cause of your illness. Only after following all the necessary precautions is a doctor able to properly diagnose you. Through years of medical school and training, medical doctors are properly trained to thoroughly follow this process when examining their patients. What happens if a doctor fails to follow the steps and misdiagnoses a patient?

The results can be disastrous, especially for young children and our elderly loved ones, who may need antibiotics right away before a minor bacterial infection can turn into something life-threatening, like sepsis or meningitis. Meningitis can cause irreversible brain damage that a young child who may have their whole life ahead of them would be unable to recover from.

A good doctor understands the responsibility they have to their patient and their family members. As a Medical Malpractice Trial Attorney, it’s unfortunate how many cases I see where a doctor has caused irreparable harm simply because he or she simply didn’t follow the needed precautions.

When we go to the doctor we expect we will be treated with diligence and respect. If you believe a doctor has misdiagnosed you or your loved one and caused harm, there’s help. Contact the Dinizulu Law Group, Ltd. at 1-800-693-1LAW or 1-312-384-1920 or by email. With over 50 years of combined experience and millions recovered in verdicts and settlements we are here for you.

Is Driver Safety in Jeopardy? A Push Towards Increased Cargo Weight in Trucks

 

The federal government, through the Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) requires that the trucks that operate on our roadways carry loads weighing no more than 80,000 lbs. While a few exceptions and higher weight limits apply to certain vehicles, most trucks must follow this 80,000-lb. cargo limit.

But over the course of the past few years, interest groups for the trucking industry have repeatedly lobbied Congress for increased weight limits. Their demands include raising the cargo limit to 91,000 or even 97,000 lbs.

If Congress were to pass legislation enacting such a measure, it would be a disaster for highway safety and our declining infrastructure. Each year, approximately 44,000 accidents occur due to sleep loss. According to the CDC, many of these accidents are truck accidents caused by sleep loss. When you increase the load carried by trucks, the more serious these accidents become and there are greater fatalities on our roadways. And this is without taking into account the state of our infrastructure.

truck cargo weight accident

A 2017 report by the American Society of Civil Engineers grades our infrastructure at D+. Engineers estimate that a fully loaded truck—a five-axle rig weighing 80,000 pounds, the interstate maximum—causes more damage to a highway than 5,000 cars.

Some road planners say that this damage is even higher, that it would take close to 10,000 cars to equal the damage caused by one heavy truck. When the trucks are overloaded, as many of them are, the damage is exponentially worse. Increasing a truck’s weight to 90,000 pounds creates a 42% increase in road wear.

And this road wear is already happening. Enforcement for the current 80,000 lb. cargo limit is already lacking. There are far fewer cargo weighing stations than what’s needed to enforce trucks to comply with the existing weight limit. Furthermore, many weighing stations are operational only part-time, whereas trucks are on the roads all hours of the day.

As a result, often times trucking companies try to bypass regulations and transport overloaded cargo. When this happens, it is our community members that suffer. As drivers, passengers, bikers, or pedestrians, we share the road with trucks every day. When overloaded trucks cause accidents and injury to us or our loved ones, know that you’re not alone. The Dinizulu Law Group, Ltd. will fight for you.

With over 50 years of combined experience, our truck accident attorneys in Chicago are committed to getting you results. Whether it’s a large chain trucking company or a small independent carrier that caused you harm, we will get you the justice and compensation you deserve. Check out our recent verdicts and settlements, or call us at 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email.

Intoxicated Motorcyclist Hospitalized After Slamming into Semi Truck on Rte. 59

Accidents are happening all around us. During the early morning hours and even late at night, drivers are getting involved in preventable accidents that result in them suffering from life-threatening injuries that have the potential to affect them for weeks, months, and even years. But, with drivers engaging in behavior that is both distracting and dangerous, we can only expect to see the number of roadway accidents continue to rise, that is unless drivers begin implementing safety measures that will help keep them safe and avoid an accident. Read more

4 Steps Employers Can Take to Develop an Effective Fleet Safety Program

Any employer whose business operates using a fleet of vehicles knows how important safety is to their company. With employees operating large trucks that may be carrying heavy loads, it is important that you have an effective fleet safety program in place. The fact is, an accident can cost your company a significant amount of money in repair fees, injury claims, and sometimes even fines if a worker was in violation of a law or regulation. And you also don’t need or want your employee’s lives to be put at risk either. Read more

Chicago Nursing Home and Rehab Facility Identified as One of Chicago’s Worst

When you imagine a nursing home, you likely picture a serene place for elderly individuals to go who no longer wish to live alone or have reached a stage in their life where they can no longer take care of themselves. After all, isn’t that the image many facilities portray in advertisements and on their websites? But, the reality is, many nursing homes, some even located right here in Chicago, continuously fail to meet state regulations and continue to subject their residents to abuse and neglect despite the warnings they have been given.  Read more

States Are Loaning Out Secret Cameras to the Families of Nursing Home Residents

NBC News recently reported that the state of Wisconsin and even New Jersey, are going to be handing out secret cameras to the family members of those who reside in nursing homes. The cameras are going to be used to “secretly record caregivers suspected” of engaging in abuse. Attorney General Brad Schimel stated that, “it should make preying on the elderly harder to get away with.” While critics of the cameras are protesting the idea as they “consider it a disturbing government foray into private spying,” Schimel thinks that it will remind caregivers who cater to the elderly that if they even think of misbehaving, they could potentially get caught for it. Read more

15 Distracted Driving Facts for Teens, Adults, and Commercial Truck Drivers

Distracted driving has become an issue for many drivers in the U.S. While some struggle to keep their cell phones out of sight while they are driving, others attempt to multi-task when they should be keeping their eyes on the roadway. This type of behavior is not only dangerous to those who are engaging in it, but also to others that are traveling around them. Back in December, a truck driver crashed into the back of a vehicle that resulted in the death of a three-month-old baby [Source: Oklahoma’s News 4]. Independent recently reported on a crash that involved a mother who was killed by a distracted trucker as she was on her way to visit her sick newborn baby in the hospital. Read more

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

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