Chicago IL | Dinizulu Law Group, Ltd

Highway Construction Companies Must Keep Drivers Safe

July 16, 2018/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

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

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

July 9, 2018/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

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.

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.

What Rights Do Truck Drivers Have When They Are Injured?

June 22, 2018/in Blog, Video/by Yao Dinizulu

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.

Wife Comforting Senior Resident With Dementia

When Filing a Nursing Home Complaint is Not Enough

June 11, 2018/in Blog, Elder abuse, nursing home neglect, Uncategorized/by Yao Dinizulu

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

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

June 1, 2018/in Blog, Car accident injury law, Personal injury law, Trucking accident injury law/by Yao Dinizulu

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?

May 25, 2018/in Blog, nursing home neglect/by Yao Dinizulu

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.

Los Inmigrantes Deben Ejercer Sus Derechos Cuando Están Lesionados

April 27, 2018/in Blog, Premise Liability/by Yao Dinizulu

Al igual que muchos inmigrantes, María Belmonte, vino a este país y trabajó duro y crió a su familia aquí. Pero cuando se sintió lastimada por la negligencia de otra persona, no estaba segura de a quién recurrir. Ella estaba sin trabajo, tenía facturas médicas y necesitaba a alguien con quien pudiera hablar cómodamente en su idioma nativo español. Dinizulu Law Group, Ltd. dio un paso al frente, brindó asistencia en español a María y le explicó cuáles eran sus derechos en este país. Mira el video para aprender mas.

María se lesionó mientras visitaba a su madre. En el patio trasero de su madre, el propietario tenía la tapa de alcantarilla que no estaba asegurada. María cayó en la boca de acceso, fracturándose el tobillo. Ella necesitaba cirugía y cinco meses de terapia física.

Dinizulu Law Group, Ltd. ayudó a María a obtener una compensación justa por sus lesiones. Todas sus facturas médicas fueron pagadas y María sintió que podía recuperar su vida.

Nadie que se lastime y sufre debido a la culpa de los demás debe sentirse solo, independientemente del idioma que hable o de su país de origen. Siempre proporcionaremos asistencia en idioma español si la necesita. Nuestros abogados tienen más de 50 años de experiencia legal combinada y la probamos todos los días luchando por usted. Póngase en contacto con Dinizulu Law Group, Ltd. por correo electrónico o llámenos al 1-312-384-1920 o al 1-800-693-1LAW. Somos abogados especialistas en lesiones personales en Chicago que están a su disposición. También encontrará más historias como las de María y discusiones sobre otros temas de lesiones en nuestra página de medios.

Immigrants Must Exercise Their Rights When Injured

Like many immigrants, Maria Belmonte came to this country and worked hard and raised her family here. But when she was hurt due to the negligence of another she wasn’t sure who she could turn to. She was out of work, had medical bills, and needed someone who she could talk to comfortably in her native language, Spanish. The Dinizulu Law Group, Ltd. stepped up, provided Spanish-language assistance to Maria, and explained to her what her rights were in this country. Watch the video to learn more.

Maria was injured while visiting her mother. In her mother’s backyard, the landlord had a manhole that was not properly secured. Maria fell into the manhole, fracturing her ankle and she needed surgery and five months of physical therapy.

The Dinizulu Law Group, Ltd. helped Maria get fair compensation for her injuries. All her medical bills were paid and Maria felt she was able to get her life back.

No one who is injured and suffering due to the fault of others should feel like they are alone, regardless of the language they speak or their country of origin. We will always provide Spanish language assistance should you need it. Our Chicago personal injury lawyers have over 50 years of combined legal experience that we put to the test everyday to get you the results you deserve. Contact the Dinizulu Law Group, Ltd. at 1 (312) 384-1920 or 1 (800) 693-1LAW, or reach us by email. We are personal injury trial attorneys in Chicago that are here for you. You will also find more stories like Maria’s and discussions on further injury topics on our media page.

I Was Assaulted While Celebrating My Engagement

September 18, 2017/in Blog, Civil rights law/by Yao Dinizulu

Pamela Dixon was celebrating her engagement in a public park when suddenly she was assaulted by the park’s security guard. Left injured and confused, she didn’t know what to do. When she contacted the employer of the security guard about the assault, it was as if the incident didn’t happen, and that she didn’t matter.

Pamela wanted justice and wanted the truth to be told. She trusted her friend Attorney Yao Dinizulu to get her the results she deserved. The Dinizulu Law Group, Ltd. investigated and uncovered that this security guard had a pattern of violent behavior. Yet scenario after scenario, she wasn’t terminated.

Before this case, Pamela had also never given a deposition. A deposition is something that’s intimidating for many clients because they have to give a sworn and recorded statement to the opposing counsel who are trying to catch the client say something they can later use against them in the course of trial. The Dinizulu Law Group, Ltd. helped Pamela understand the types of questions that would be asked during a deposition, and prepared her thoroughly for the challenge ahead.

As a result, Pam was able to receive compensation for her pain suffering, medical bills, and most importantly get a closure to the emotional distress that this incident caused. She didn’t want others to go through what she had gone through. The Dinizulu Law Group, Ltd. helped Pamela tell her story and seek justice. That meant something.

Hate crime and violent lashing out has sadly gotten increasingly common. However, there are laws to remedy these wrongs and punish those who violate our nation’s laws. If you believe your civil rights have been infringed upon, contact the Dinizulu Law Group, Ltd. at 1-312-384-1920 or 1-800-693-1LAW or by email. We are here to help. You will also find other stories like Pam’s and more discussions on civil rights and other legal topics on our media page.