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What Types of Evidence Is Used for Nursing Home Neglect and Abuse Cases?

September 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – More than 1.2 million people are living in nursing homes across the United States. Residents may live in a nursing home facility because they need help with daily tasks such as eating and bathing or may have long-term medical needs that families and other means cannot provide their loved one with. Many nursing home residents suffer from mental or physical disabilities that reduce their level of independence; therefore, nursing home staff must keep them as healthy and safe as possible.

Unfortunately, some nursing home residents are not treated with compassion and the competent medical attention they deserve. If you or your loved one has been a victim of abuse or neglect, you may want to bring a personal injury claim against the facilities and those who harmed you or a loved one. In order for your claim to be successful, you must show evidence of the nursing homes wrongdoing.

Elements of a Nursing Home Claim

To hold a negligent nursing home accountable and recover financial compensation for the abuse and/or neglect, you and your personal injury attorney will need to prove that:

The nursing home owed a duty to you or your loved one
The nursing home breached that duty
You or your loved one was injured as a result
The injuries resulted in damaged and/or financial costs

It can be hard to know exactly how a nursing home resident was injures – especially for those who suffer from a mental disability such as dementia or Alzheimer’s which affects their memory and cognition. To fully understand the circumstances, your personal injury attorney may gather evidence such as:

Care logs
Medical records and bills
Operating procedures, hiring practices, and staff training schedule
Surveillance footage
Photographs
Insurance claim documents
Testimony from witnesses
Testimony from “expert witnesses” such as medical professionals

Contact a Cook County Nursing Home Abuse Injury Attorney

Nursing homes have both an ethical and legal obligation to provide residents with the adequate everyday care and medical attention they need; however, sometimes they fall short. If a nursing home caused a resident to be injured due to their negligence or being intentionally abusive, the injured person may file a personal injury claim. To learn more about bringing a nursing home injury lawsuit against a negligent facility, contact the Dinizulu Law Group at (312) 384-1920 to schedule a free consultation with an experienced Chicago personal injury attorney. Visit our website for more information.

Nursing Homes Ban Visitors due to Coronavirus

March 12, 2020/in Blog/by Yao Dinizulu

Nursing Homes Ban Visitors due to Coronavirus

CHICAGO, IL – Nursing homes have become islands of isolation amid the shocking morality rate of coronavirus. Nursing homes nationwide have become concerned about outside visitors visiting residents which has led to the barring of all visitors – adult children can talk to their parents through a glass door just as jailhouse visitors due.

As of Wednesday, there are more than 1,311 cases confirmed in the U.S., according to state and local health agencies, governments, and the Center for Disease Control and Prevention (CDC).

Nursing homes are locking down in hopes to protect some of the nation’s most vulnerable residents from being affected by the coronavirus. Thousands of nursing homes and assisted living facilities across the country are taking extra precautions. Many families are debating whether to move their loved ones out of these facilities all together and care for them at home.

On Tuesday, industry leaders recommended curtailing visits, calling this challenge “one of the most significant, if not the most significant” issues the industry has ever faced, according to the American Association of Retired Persons (AARP).

The highly contagious disease puts the elderly and those who suffer from underlying health conditions such as respiratory distress at high risk, alarming businesses, schools, and health agencies. Guidance from the Centers for Medicare & Medicaid Services (CMS), the American Health Care Association (AHCA), and the Illinois Department of Health (IDPH), and the Illinois Health Care Association is rapidly increasing for these facilities.

Hospital Policies and Procedures for COVID-19

Because of ease of spread in a long-term care setting and the severity of illness that occurs in residents with COVID-19, facilities are discouraging visitation and have the ability to screen visitors before COVID-19 is identified in their community.

Facilities are responsible for sending letters or emails to resident’s family members, advising them to consider postponing

Who is at Higher Risk?

From earlier information gathering from China where COVID-19 originated from, those who are higher risk of getting sick from this illness includes:

Older adults
People who suffer from serious chronic medical conditions, such as:
- Heart disease
- Diabetes
- Lung disease

Depending on how severe the outbreak is in your community, public health officials will make recommendations to the community to reduce the public’s risk of being exposed to COVID-19. These actions can stunt or reduce the impact of spreading the disease.

If you are at a high risk because of your age or serious long-term health problem, it’s crucial to take extra precautions to reduce your risk of getting sick.

How to Prepare for COVID-19 Now

According to the CDC, there are several ways you can make yourself prepared in case of an outbreak in your community.

Have supplies on hand
- Contact your health provider to ask about obtaining extra necessary medications to have on hand in case of an outbreak in your community in the event that you need to stay at home for an extended period of time.
- If you’re unable to get extra medication, consider using mail-orders.
- Ensure that you have extra over-the-medicine and medical supplies such as tissues, thermometers, etc. to treat fevers and other symptoms. Most people will recover at home.
- Have enough household items and groceries to be prepared for staying at home for a period of time.
Take precaution
- Avoid close contact with anyone who is sick.
- Take preventable action:
  - Wash your hands often using soap and water for at least 20 seconds. This is critical, especially after blowing your nose, sneezing or coughing in a public place.
  - If soap and water is unavailable, use hand sanitizer.
  - Avoid touching surfaces in public places – elevator buttons, door handles, handrails, and shaking hands with others.
  - Wash your hands immediately after touching a surface in public.
  - Practice routine cleaning of frequently touched surfaces, such as tables, doorknobs, light switches, handles, desks, and toilets.
  - Avoid large crowds, especially in poorly ventilated spaces. Your risk of exposure can increase substantially in a crowded area, especially those with little to no air-movement, increasing your chance of contracting COVID-19.
  - Avoid all non-essential travel including traveling by plane or embarking on a cruise ships.
- If there is an outbreak of COVID-19 in your community, it’s important to take extra measures to distance yourself from others to reduce your risk of being exposed to this virus.
  - Stay at home as much as possible.
    - Consider ways of food being delivered to your house, through the use of family, or social and commercial networks.

Watch for Symptoms and Emergency Warning Signs

It’s important to pay attention to warning signs of potential COVID-19 symptoms including fever, cough, and shortness of breath. If you feel like you are developing symptoms, call your physician immediately.
If you develop emergency warning signs for COVID-19, please seek medical attention immediately. Adult emergency warning signs include:
- Difficulty breathing or a shortness of breath
- Persistent pain or pressure in the chest
- New confusion
- Bluish-tinted lips or face

It’s important to note that these are not all warning symptoms of COVID-19. Please consult a medical provider for other symptoms that are severe or concerning.

What to Do if You Get Sick

Stay at home and call your healthcare provider.
Call your healthcare provider and let them know the symptoms you are experiencing. This will help them take care of you and keep others from getting infected or exposed.
If you are not sick enough to be hospitalized, you are able to recover from home.
Know when to get emergency help.
Get medical attention immediately if you have any of the warning signs listed.

How to Support Older Adults

Community Support

Communities should prepare for an outbreak of COVID-19 that include older adults and people with disabilities, and the organizations that support them, to ensure their needs are being taken into consideration. Many individuals in the community depend on services and support in their homes or in the community to maintain their independence and health. Long-term care facilities should be vigilant to prevent the introduction or spread of COVID-19.

Family and Caregiver Support

Know what medications your loved one is taking and make sure to have extra on hand. Monitor food and other medical supplies, such as oxygen, dialysis, wound care, etc. and always be sure to have a back-up plan. Stock up on non-perishable food items to minimize your number of trips to the store. If you care for a loved one living in a care facility, monitor the situation, ask about the health of other residents and know the protocol in the event there is an outbreak.

For more information on how to protect your loved one who is in a long-term care facility or assisted living facility, please visit CDC’s website on ways to take more precaution. If your loved one has sustained a serious infectious disease complication resulting from negligent or missed medical treatment provided by a nursing home or due to a low level of staff care, they may be entitled to compensation. Please reach out to Dinizulu Law group now for a free consultation at (312) 384-1920.

Vanessa Bryant Files Wrongful Death Lawsuit

March 4, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Attorneys for Vanessa Bryant have filed a wrongful death lawsuit against Island Express Helicopters Inc., the company that operated the helicopter, that killed her husband Kobe Bryant, daughter Gianna Bryant, and seven others. The lawsuit was announced the same day that thousands crowded Los Angeles’s Staple Center to honor the lives of the victims.

The complaint was filed February 24, the same day as the memorial for Kobe and Gianna Bryant. The complaint was filed in Los Angeles County Superior Court against Island Express Helicopters and Island Express Holding Corp. alleging Ara Zobayan, the pilot, failed “to use ordinary care in piloting the subject aircraft” and was negligent in eight ways, including failing to properly assess the weather, flying into conditions he wasn’t cleared for and failing to control the helicopter. The 27-count complaint names Zobayan’s estate as a defendant, seeking compensatory and punitive damages.

“Defendant Island Express Helicopters authorized, directed and/or permitted a flight with full knowledge that the subject helicopter was flying into unsafe weather conditions,” the lawsuit states.

Zobayan was cited by the Federal Aviation Administration in 2015 for violating the visual flight rules, that required him to see where he was going, when flying into reduced visibility airspace.

Kobe Bryant died “as a direct result of the negligent conduct of Zobayan for which the company is vicariously liable in all aspects,” according to the complaint.

The 1991 Sikorsky S-76B crashed into a hillside in Calabasas while traveling to a youth basketball game at Kobe Bryan’t Mamba Sports Academy in Thousand Oaks. All nine aboard the helicopter died.

A preliminary report from the National Transportation Safety Board found no engine or mechanical failure; however, the agency’s probe of the crash is ongoing.

CMS Adds New Transparency on Nursing Home Abuse

October 23, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The Centers for Medicare & Medicaid Services (CMS) announced that it will now be easier for the public to find nursing homes that have violated rules regarding abuse, neglect, or exploitation beginning today, October 23, 2019.

The agency’s Nursing Home Compare website provides detailed information about every Medicare and Medicaid-certified nursing home nationwide. The tool allows you to search by location and/or nursing home names. There is now an icon next to the nursing homes that have been cited reported violations.

Consumers are able to see violations through the inspection reports provided on the website; however, CMS stated that inspection reports are becoming too difficult to access and adding the icon feature will make it easier to find information about abuse citations. The icon warns consumers about the harmful abuse of a resident within the last year, and the potentially harmful abuse of a resident within the last two years. CMS will be updating data information monthly.

In April, CMS announced they were adding improvements to the State Performance Standards System (SPSS) including ending the freeze on the health inspection domain of the Five Star Quality Rating System by resuming traditional methods of calculating health inspection scores by using three cycles of inspections. They will be adding the long-stay hospitalization measure and a measure of long-stay emergency department transfers to the rating system. CMS will also be adjusting the thresholds for staffing ratings. Finally, the threshold for the ‘number of days without a registered nurse onsite’ which will trigger an automatic downgrade to one star will be reduced from seven to four days.

CMS Administrator Seema Verma said, “By holding inspectors accountable for conducting timely and consistent inspections, we’re holding nursing homes accountable for providing safe, high-quality care–helping ensure safe nursing home environments.”

CMS hopes to become more consistent and transparent, requiring hospitals to post their list prices for consumers and force them to post their payer-negotiated rates starting in January 2020. The U.S. Department of Health and Human Services (HHS) and Congress are thinking of ways to force drug companies to disclose to consumers the real cost of drugs. The measure, passed in May, was intended for healthcare consumers with price transparency for prescription medications to help lower prescription costs.

According to the Nursing Home Abuse Center, nearly 1-2 million U.S. citizens 65 years or older have been mistreated, exploited, or injured by a caregiver. Only about 20 percent of cases or abuse and neglect are reported. If you’re looking to place a loved one in a nursing home facility, it’s important to do your research before placing them in one. Now that CMC has provided consumers with nursing homes that have been cited for abuse, neglect, and exploitation, it will be much easier to assess facility’s that will be better suited for your loved one.

If you think you or a loved one has experienced abuse, neglect, or been exploited while at the hands of a caregiver, please call one of our experienced nursing home abuse attorney’s right away to schedule a free consultation. Do not wait to hear what the facility is going to do going forward to address this issue. Due to the statue of limitations, we will have to begin working on your case right away. For any additional information, please check out our website.

Phone: (312) 384-1920

Address:
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Medical Malpractice and Misdiagnosis

October 7, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Misdiagnoses in the healthcare industry frequently leads to medical malpractice which has garnished the media in recent years. In 2015, the National Academy of Medicine announced most people will receive at least one misdiagnosis during their life. Research conducted by the National Academy of Medicine in 2017 showed nearly 100,000 Americans died or were permanently disabled due to an incorrect or delayed diagnosis.

Each year, more reports begin to surface and numbers are steadily increasing in misdiagnoses. Many people struggle to find the right physician to trust, but there are a few things you can do to advocate for your own health.

Ways to Be a Better Health Advocate

Listen to word-of-mouth referrals: Referrals and recommendations from friends or family can be valuable, as they have experience with whichever facility and physician you may be seeking out. Try speaking to a neighbor, co-worker, or acquaintance about how long they have seen this provider and what their overall experience has been like.

Do your own research: In today’s digital age, you have the power to surf the web at your fingertips. Reading reviews of physicians and the healthcare facility are a key component of researching what may be a right fit for you.

Seek a second opinion: After receiving an original diagnosis, do not be afraid to look for a second opinion. Research shows that medical professionals would agree that if you are questioning your primary care physician, you should seek a second opinion. Although this may require a little more work, the importance of your health comes first.

Maintain your own records: It can be a hassle to transfer medical records from doctor to doctor, so it’s important you keep documentation of all medical records so you can see exactly what your doctor is seeing. Apple released an update to their Apple Health App where you can store all health records in one place including medications, immunizations, lab results, and more.

Review your medical records: By law, you have the right to correct any errors in your medical records. HIPPA protects you and ensures that all records are private and you are able to amend the record upon finding errors. It’s important to review the itemized bill as insurers normally work off the summary bill.

Medical errors are the third leading cause of death in the United States according to study conducted by Johns Hopkins in 2018. As many as 250,000 people die every year in the U.S. from medical errors while other reports claim numbers to be as high as 440,000. Doctors are required to provide a standard of care; however, failure to provide this level of care is considered medical negligence.

Types of Medical Negligence

Misdiagnosis: an incorrect diagnosis of an illness or other problem, which can lead to unnecessary or harmful treatment.
Delay diagnosis: a delay in diagnosis preventing a patient from receiving proper treatment in a timely manner.
Medication error: prescribing an incorrect dosage or medication, or failing to check the patient’s allergies to a specific medication or prescribing a deadly drug.
Surgical error: a preventable mistake by health professionals that result in further harm to the patient which can include operating on an incorrect body part or performing the wrong procedures.
Infections: an infection is improperly treated, or the required effort to prevent the infection isn’t made.
Birth injuries: when a healthcare professional or facility fails the standard of care and causes injury to the mother, the child, or both during a pregnancy or delivery that can causes serious, or in some cases permanent, life-long damage.

Contact a Dinizulu Law Group Medical Malpractice Attorney

If you find yourself or a loved one suffering from the negligence of a physician and have concurred health issues from the care you have received, you should seek help from legal counsel who has experience in the area of medical malpractice and negligence. Depending on the circumstance of the case, you may be able to file a claim against your physician, health care facility, and others. Consulting with one of our attorney’s at Dinizulu Law Group can provide you with the necessary resources during a free consultation. Please call our office or visit our website to schedule a free consultation and for more information.

Contact information:

Office: (312) 384-1920

Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

What are some signs that might indicate bed bugs and other insects are living in my loved one’s nursing home?

September 25, 2019/in Blog/by Yao Dinizulu

Nursing homes in Illinois and all across the U.S. are required to meet certain state and federal standards that stipulate the type of environment a home is expected to provide its residents with. Not only must the facility be kept clean and tidy, but it should also be sanitary so viruses and diseases have nothing to feed off of and bed bugs and other insects don’t have an environment that is conducive for them to survive in. Unfortunately, there are facilities that aren’t being maintained which results in the home becoming hazardous and unhealthy for the residents who are living there.

Vietnam Vet Dies Days After Being Bit by Ants More Than 100 Times

After Laquna Ross went to visit her father Joel Marrable at the Eagle’s Nest Community Living Center, which is a nursing home for veterans located on the Atlanta VA Medical Center campus, she noticed something rather concerning. Her father, who was an Air Force veteran, had swollen hands and his body had red bumps all over it, says ABC News. Obviously, Ross was alarmed to see her father like this as it wasn’t how he looked the last time she had seen him.

When Ross reported her father’s condition to a staff member, their response was “You know, the ants. When we walked in here, we thought Mr. Marrable was dead. We thought he wasn’t even alive because the ants were all over him.” After hearing this, Ross couldn’t help but wonder what the protocol was inside these types of facilities to manage these situations.

Sadly, Ross’ father died days after he had been bitten up by ants.

While Ross knew her father was going to die as he had been suffering from cancer, perhaps the ant bites “promoted his body to die quicker.” She told the news source that after she had informed the staff about her father, they bathed him and cleaned his room. But that wasn’t enough to get rid of them. The ants returned the next day and that is when the staff decided to move him into a new room which is where he later died.

Ross shared with the news outlet that her father’s room had ants everywhere. They were on the ceiling, the walls, and the beds. After the Atlanta VA Hospital got word of the incident, a spokesperson for the facility released a statement saying they had taken action to address the issue by “stripping all the bedrooms and inspecting them for ants, removing all open food containers, hiring a pest control company to do an inspection, and purchasing plastic containers for the residents’ snacks.”

Although the facility did proceed to take preventive measures to reduce the chances of this happening again, you can’t help but wonder why these measures weren’t taken once the staff saw Marrable crawling with ants. It wasn’t until his daughter notified the staff that something was actually done. It is for this reason that the Chicago, IL nursing home abuse attorneys here at Dinizulu Law Group, Ltd. encourage you to visit your loved one regularly and report any signs of odd behavior, markings on your loved one, or anything out of the ordinary so that is can be properly addressed. If you find that the staff is not handling the issue accordingly, you should then contact our office immediately at 1-312-384-1920.

Signs that Your Loved One’s Nursing Home Might Have Bed Bugs and Other Insects Living Inside of it

As unwholesome as it sounds, insect infestation has proven to be a serious issue for residents living in nursing homes which is why we encourage you to look for the following signs that might indicate there are insects such as bed bugs living in the nursing home your loved one currently resides in.

Signs of Bed Bugs

Bed bugs generally hide during the day which makes them difficult to spot, according to Orkin so be sure to keep your eye out for the tiny, rust-colored stains they tend to leave behind. You will want to look in the following places for these spots:

The mattress tags and shams
The ceiling
Under seat cushions
Behind the headboard
You’ll also want to look for areas that might be potential hiding spots for bed bugs such as lifted wallpaper.

Some other insects aside from bed bugs that tend to lurk in nursing homes include scabies and the only way to tell if your loved one is living in a place that fosters an environment for these bugs to survive in is to remain vigilant during each of your visits. For example, you should inspect your loved one each time you go to seem them to be sure they don’t have any raised bumps, bites, rashes, blisters, pimples, etc. and if you notice anything that could potentially be a bug bite, report it to the staff immediately.

The Chicago, IL nursing home my loved one lives in is unsanitary and dirty. What can I do?

For starters, you might want to notify the staff of the conditions you are witnessing and consider looking for a new home for your relative to live in. You can also contact one of our Chicago, IL nursing home abuse attorneys to learn more about what your family member’s legal rights are when they are forced to live in unhealthy or hazardous conditions.

You can contact Dinizulu Law Group, Ltd. at:

221 North La Salle Drive, Suite 1100
Chicago, IL 60601

Phone: 1-312-384-1920

Website: www.dinizululawgroup.com

How Can I Tell If My Loved One is Being Neglected or Abused?

September 16, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Abuse and neglect in nursing homes remains under-reported in the United States according to a report released by the Department of Health and Human Service’s Office. Many nursing homes frequently fail to report abuse to the Centers for Medicare and Medicaid Services (CMS), or to local law enforcement.

Elder abuse is the physical abuse, emotional abuse, sexual abuse, financial exploitation, abandonment or neglect. Often times the victim knows the perpetrators – they are often family members, such as children or spouses, and care givers in nursing homes and assisted living facilities. Illinois has more nursing home abuse cases than any other state. The Illinois Department of Aging’s Annual Report (2017) stated there were 16,507 reports of abuse, neglect and financial exploitation. Nearly 74 percent of abusers were the child, spouse, or relative and many times experience more than one form of abuse.

How Can I Tell if My Loved One is Experiencing Neglect or Abuse in a Nursing Home?

There are many warning signs to look for in your loved one while visiting them at a nursing home, or any other facility. Common signs of abuse include:

Signs of malnutrition and dehydration
Unexplained bedsores, bruises, or lacerations
Broken bones or fractures
Rapid weight gain or loss
Sudden change in mood and behavior
Torn or bloody clothes
Sexually transmitted diseases
Signs of depression, confusion, and loss of interest in things they once enjoyed
Missing or broken eyeglasses, hearing aids, etc.
Unsanitary conditions
Understaffed and hostile employees
Improper medication, or overly medicated

How Can I Tell How Many Deficiencies a Nursing Home Has?

Pro Publica is a great search engine tool you can use to compare nursing homes based on deficiencies cited by regulators within the last three years. You’re able to search using a keyword, city, or nursing home name and search by state and severities.

Once you hit search and your results pop up, you’re able to see the nursing home, the date, city and state, how many deficiencies were reported, the severity range, and the actual report and nursing home information. It’s important to note that the number and severity relates to the search terms, and not necessarily all deficiencies against the nursing home facility.

How Can I Tell if a Nursing Home is Reputable?

Start by doing a lot of research – read reviews and look up deficiencies of nursing home facilities. You want to ensure your putting your loved one in the right hands, so many factors must be accounted for. The location of a nursing home, their visiting policies, and the patient-to-staff ratio are all things to consider. When visiting the nursing home, it’s important to note the appearance of the facility and residents and how the facility is ran overall. The friendliness and helpfulness of the staff, sleeping accommodations, and daily activities may contribute towards your decision. In addition, the dining facility and meal options, and health care issues should be inquired about.

What Damages Can be Recovered?

If your loved one has experienced neglect or abuse while at the hands of a caregiver in a nursing facility, you may be entitled to collect compensation for:

Emotional distress, loss of quality of life, and pain and suffering
Past and future medical expenses
Physical impairment for disability for injuries caused by staff negligence
Other out-of-pocket expenses

Who is More Susceptible to Being Neglect or Abused?

67 percent of victims are female, while 33 percent are male; however, 49 percent of abusers are male and 51 percent are female. One in five victims are 86 or older and suffer from some sort of barrier. 35 percent of reported cases of abuse were from social workers or medical personnel, while family members contributed for 16 percent of reports, followed by victims self-reporting in only 8 percent of cases.

What to do if My Loved One is Being Neglected or Abused in a Nursing Home Facility?

It’s important to bring any concerns of neglect or abuse to the nursing home facility, in addition to law enforcement. Our experienced nursing home abuse attorney’s will help you recover from abuse and neglect – we work for you and your loved one to get the reimbursement you deserve. Please call (312) 384-1920 to schedule a free, confidential consultation. Due to the statue of limitations, we must begin to work on your case right away.

Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Truck Accidents: Common Causes, Statistics, & What to Know if You’ve Been in A Truck Accident

September 6, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Commercial truck accidents are less common than car accidents; however, truck collisions have proven to be more catastrophic, and even deadly. There can be several factors leading up to a commercial-vehicle car accident, such as negligence on the manufacturer part, or perhaps the driver, and so forth.

According to GTG Technology Group, a transportation management system, there are five specific causes that may cause a trucking accident to occur:

Five Common Causes of Truck Accidents:

Driver Error
Truck drivers are required to work long hours, with regulations allowing them to work 60 hours over seven consecutive days. Some companies have tight deadlines and overcompensate by allowing drivers to work more hours than what they are allowed, resulting in drowsiness, or under the influence driving.A passenger vehicle weighs an average of 4,000 pounds, whereas a commercial truck typically weights 80,000 pounds. On average, 81 percent of trucking accidents caused by a driver error is due to a passenger vehicle. Many people are not aware of the dangers of truck accidents, which calls for a need to improve trucking defense driving techniques.

Equipment Failure
Equipment manufacturers may be at fault for neglecting production of a part, which can lead to a defective or dangerous component. A driver may not be the only one at fault; in addition, the parts manufacturer, a truck manufacturer, the company that sold the truck, and the mechanic who made repairs may be held liable.
Poor Vehicle Maintenance
The average truck driver is expected to drive between 2,000 and 3,000 miles per week which results in very poor vehicle maintenance. Truck companies, drivers, and maintenance crews must regularly maintain the fleet to keep up with these trucks; moreover, the truck driver must check their rig and submit a maintenance report before the start of every shift.
Weather
Poor weather conditions can test any drivers defense skills, especially truck drivers. Poor weather conditions lead to poor road conditions, making driving much more difficult. Rain, sleet, snow, and ice can be very difficult to drive on, causing a much longer stopping distance. The weight and length of the truck may skid, hydroplane, or jackknife.
Improper Cargo Loading
There are industry-specific rules and regulations when it comes to truck loading cargo into a commercial vehicle. There are certain state and federal regulations required of all drivers of any commercial motor vehicle such as size, weight, and length.

Drivers must ensure all cargo was properly loaded and in place for the duration of direction traveled. A minor mistake, like not properly securing cargo, or negligence, can lead to catastrophic accident on any roadway – regardless of weather.

Any type of accident can be scary, and colliding with a commercial truck can be fatal, but it is important to be proactive by educating yourself on how dangerous a truck collision can really be.

Truck Accident Statistics

The National Highway Transportation Safety Administration (NHTSA) stated in 2015 that over 433,000 large trucks were involved in a collision. In Illinois, there were more than 19,000 crashes involving large trucks in 2014. These crashes contributed to nearly 13 percent of all traffic fatalities that year. Contrary to popular belief, the majority of the crashes occurred in daylight and clear weather conditions.

How Many Trucks Are Really on the Road?

According to the American Trucking Association (ATA), trucks move more than 71 percent of the nation’s weight in freight. To put this in perspective, the trucking industry represented more than 79 percent of the nation’s freight bill in 2017 – that’s more than $700.1 billion in revenue.

In June 2017, the U.S. Department of Transportation totaled carriers on file with the Federal Motor Carrier Safety Administration totaled 777,240. Private carriers contributed 700,591 trucks while interstate motors totaled 80,247.

After an Accident:

Your safety is of the upmost importance – assess the situation and make sure you’re okay. Check to see if others involved in the accident are injured and proceed to call 911; if someone was injured, request an ambulance.

It’s important the police are notified of the accident so an official police report can be issued. Your insurance company will most likely ask for a copy later. Even if there is little to no damage, the police should be notified of the incident so an accident report can be filed.

Notify your insurance company that you’ve been in a truck collision. Others that were involved in the accident will have their insurance companies contact you. State the facts, but remember it’s important to say as less, as possible. It’s best to keep the conversation to a minimum whenever you are involved in an accident.

Contact one of our experienced truck accident attorney’s of Dinizulu Law Group, Ltd., for the help you need and seeking out the maximum recovery for our clients. There are many challenging factors in a truck accident case, and due to the statue of limitations, we will need to work on your case right away. Please call our office at (312) 384-1920 or visit our website for assistance.

Pritzker Creates Elder Abuse Task Force

August 19, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – The Department on Aging is responding to more than 20,000 reports of elder abuse that has occurred within the last year. Last Monday, Governor J.B. Pritzker created a 22-member Elder Abuse Task Force to further investigate current practices and raise the publics’ awareness of elderly abuse.

The newly-created task force was created through Senate Joint Resolution 13 and passed both houses unanimously. The Elder Abuse Task Force is staffed with legislators, agency heads, and elder abuse experts which range from state directors at AARP Illinois to an Illinois State Police captain.

The task force will analyze the effectiveness of elder protective services in Illinois and other states to develop a long-term plan to combat elder abuse in Illinois. Pritzker will be presented all findings and recommendations by January 1, 2021.

“One case of elder abuse would be too many,” Pritzker said. “But 20,000 annually is unacceptable. We need to tackle this head on.”

Paula Basta, the director of the Illinois Department of Aging, mentioned the reports of abuse included adults over the age of 60 and older and people 18 to 59 with a disability. She made note that abuse comes in many forms – it’s not limited to simply physical abuse, but furthermore passive neglect, financial exploitation, emotional and verbal abuse, among many more. In many cases, an elder is experiencing more than one form of abuse.

According to The Telegraph, the task force is staffed includes:

Katie Stuart – 112^th District Legislator
State Sen. Rachelle Crowe
Kristopher Tharp – Lieutenant, Madison County Sheriff’s Office
Tonya Genoese – Assistant State’s Attorney, Madison Country State’s Attorney Office
State Sen. Craig Wilcox
Debbie Verschelde – Executive Director, Aging Care Connections
Lori Hendren – Associate State Director, AARP Illinois
Dawn Wells – RN, Area Manager, Illinois Department of Healthcare and Family Services
Aimee Isham – Bureau Chief for Long Term Care, Illinois Department of Public Health
Paul Isaac – Senior Advisor to the Secretary, Illinois Department of Financial and Professional Regulation
Gene Seaman – Human Rights Authority Supervising Manager, Illinois Guardianship and Advocacy Commission

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Semi-Truck Explodes on I-94 Killing 2 in Racine County

June 21, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Just before 11 am on Wednesday morning, two semi-truck drivers were killed in a multi-vehicle car crash on I-94 in Racine County, Wisconsin.

Northbound and southbound lanes were closed throughout the day and into Thursday afternoon, though southbound lanes reopened around 8:30 p.m.

According to ABC 7 Chicago, a semi-truck driver was driving southbound attempting to switch lanes when it over-corrected and lost control before hitting the median wall of the interstate, bursting into flames. As a result of the collision, three other vehicles collided into each other and the median wall.

Another semi-truck traveling northbound attempted to avoid the crash by turning into a ditch lane, in which he drove off the road, and burst into flames. The truck plunged nearly 30 feet off the right side of the highway, onto another road. The semi-trailer caught fire before exploding.

Two semi-truck drivers died at the scene, and at least two others were taken to a local hospital and sustained minor injuries.

Semi-truck accidents or collisions can be rare, but when they occur, they can be catastrophic. The average weight of a commercial vehicle is roughly 80,000-230,000 pounds. Semi-trucks also require a longer distance to stop. If a semi is driving 55 miles per hour, it will take about 400 feet to come to a complete stop (Safer America, 2019). Please keep these thoughts in mind when passing in a semi-drivers blind spot or driving past any commercial truck.