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Trucking Accident FAQ’s

February 15, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Semi-trucks, tractor-trailers, and other commercial trucks are frequent sights on America’s roadways. Injuries from a collision with a large truck can be serious, life-changing, and sometimes even deadly. The truck accident attorneys at Dinizulu Law Group know the physical and emotional impact a truck accident may have on victims. Below we have compiled FAQ for your review to understand what action you or a loved one should take after an accident.

What Should I Do if I’m Involved in an Accident with a Commercial Truck?

Upon making sure everyone at the scene of the accident is okay, you should immediately report the accident to the police and the insurance company and begin the process of hiring an Illinois truck accident lawyer.

The first thing you should do, if you’re able to, is report the accident to the police from the scene and obtain a police report. Given the size and weight of these trucks, it is more likely than not you have been injured.

If you are able to, make sure you document the scene of the accident. It’s important to take pictures of the scene and get contact information from all witnesses to the accident. If you’re unable to document the accident from the scene of an accident, try to contact an attorney from the scene to arrive at the scene and document the scene for you.

Next, you need to report the accident to your insurance company so they can start your claim. Your insurance will be informed of what happened in the case they are contacted by the truck driver’s insurance company. You will then need to think quickly about obtaining legal representation because any action you take in the aftermath of the accident may determine whether you are able to receive a settlement in your case.

Do I Need Legal Representation if I’m Injured in An Illinois Accident Involving a Large or Commercial Truck?

There is no legal requirement to hire an attorney; however, it’s not easy to represent yourself in a personal injury claim. Having an experienced truck accident attorney can help you present the strongest possible claim.

If you have been involved in an accident with a large or commercial truck, you should hire an Illinois trucking accident attorney. If you have been involved in this type of an accident, your injuries are likely to be severe which will present many different challenges and costs to you.

At the same time, you may be dealing with a company’s insurance which presents a challenge in and of itself. An insurance company will not likely write a large settlement check without making some effort to lower the amount of their obligation.

An Illinois truck accident attorney can not only deal with the insurance company, but can be a trusted advisor and counsellor as you deal with a difficult period. Attorney’s have experience addressing truck accidents and will have a better of idea what to expect.

Can I Sue the Company Where the Truck Driver is an Employee?

This depends on the truck driver’s employment status and what they were doing at the time of the accident.

The general rule is that an employer can be held liable for the acts of their employees if they are committed within the scope of employment. In other words, when an employee is on the job and they are negligent, anyone who is injured because of their negligence may sue the company for whom they work because everything the truck driver does is a representation of their company. While this may seem straightforward, if the case goes to trial it can become somewhat difficult because of the various factual questions that must be addressed.

An exception to this rule is that many companies try to designate their driver as independent contractors which means they are not employees of the company. As a result, there is no employer/employee relationship and this will usually get the company off the hook when it comes to liability. Although this may seem unfair, it has been a longstanding legal rule.

Employees must also have been engaged in job duties at the time of the accident. If they were taking the company truck on a personal errand or were driving to and from work, the employer may not be held liable since the accident wasn’t within the scope of their employment. There are many other factual questions that come into play and an Illinois truck accident attorney can help you establish and prove the facts of your case.

How is Fault Determined in a Truck Accident?

Investigating the accident scene, eyewitness testimony, and the police report are all tools that help determine fault in a truck accident. An experienced truck accident attorney will also investigate the driver and the company that employs them. Facts in assigning fault include:

How the truck driver was hired and trained;
How many hours they were working;
And the condition of the truck

How Much Is My Truck Accident Case Worth?

The details of each accident are unique, so there is no standard amount that can be quoted. There are many factors that go into determining how much a truck accident case is valued at, including medical expenses, lost wages, and possibly funeral expenses – in addition to pain and suffering. Compensation for a truck accident can provide recovery in these areas:

Payment of medical bills
Treatment for injuries not covered by insurance
Lost wages and loss of ability to generate income
Loss of consortium
Pain and suffering
Vehicle damage

How Much Does it Cost to Hire a Truck Accident Attorney to Represent Me?

The Dinizulu Law Group works on a contingency basis, meaning you pay nothing upfront or out of pocket and our attorneys are only paid if you are. Instead, you sign a representation agreement that states payment in terms of the percentage of your recovery. If you do not receive a settlement or win the case that goes to trial, you do not need to pay the lawyer for their services. The representation agreement spells out whether you are responsible for certain other court costs in the even that you do not win your case.

An Illinois truck injury lawyer is usually paid about one third of your settlement amount as compensation for their services. Lawyers must tell you about their fees at the time you hire them to represent you and you will agree to their fees in writing. No oral fee agreements are allowed. In the event your case goes to trial, the lawyer may receive a slightly higher percentage of the jury award because trials require attorneys to expend their time and effort, and they take risk that they will lose the case. The lawyer’s fee comes straight from the settlement amount and they are paid from it.

Usually, attorney’s do not accept every case that is brought to them because they are paid on contingency. If they are not successful in helping you recover your injuries, they will not be paid; therefore, they want to minimize the risk that they are working uncompensated time because it hurts their ability to earn a living. While you may hesitate to hire a lawyer since they receive part of your settlement, not having legal representation can make the settlement process more difficult for you.

Should I Try to Settle my Truck Accident Case with the Insurance Company?

You should try to reach a settlement agreement with the insurance company, but must be prepared to take your case to trial if necessary. Most times, both parties want to avoid a trial if they can. Trials are expensive, extremely time consuming, and introduce an uncertainty for everyone.

Settlements are not reached overnight. They may be lengthy and protracted negotiations. The insurance company may not make you their best offer, and often, they will not make you a good offer at all. Oftentimes a lawsuit is needed to be filed because without it, the insurance company may never make you a fair offer. Sometimes, they don’t try to settle until the eve of the trial.

An overwhelming majority of truck accident cases result in settlement and very few cases go to trial. Unless your claim is totally without merit or you are very clearly at fault, the insurance company will likely make you a settlement offer; however, it’s often difficult for the average person to know the value of their claim. The insurance company does know what your claim is worth because of their statisticians, specialists, and lawyers. Properly valuing your claim is one reason why you would need an experienced Illinois truck accident attorney.

What Needs to be Proved in a Truck Accident Lawsuit Involving Personal Injury

In order to prevail in a lawsuit, you need to prove the driver of the truck was negligent by which means that:

You were owed a duty of care
The duty of care was breached
You were injured
The other driver caused your injury

You must prove a four-part test to show the defendant should be held liable for your injuries; however, each element may be disputed if your case goes to trial.

The first element of the test is that the other drive owed you the “duty of care.” This is the duty the driver owes to every other driver on the roadway, meaning the driver must follow some standard of behavior when driving to act as a reasonable driver would. Second, you must prove the driver breached this duty of care and acted unreasonably. What’s considered to be unreasonable must be proven at trial; however, other things such as speeding and otherwise driving dangerously would be considered to be unreasonable.

After you prove the truck driver has acted unreasonably, you must show you have suffered an injury. If you have proven your injury, you must demonstrate that it was the truck driver who was the proximate cause of your injury. You must prove all four of these elements, and if you fail at any one of them, there will be no finding of negligence and the case will not be ruled in your favor.

What Parties can be Responsible in a Trucking Accident Involving Injuries or a Fatality?

After a simple car accident, it can be quite easy to determine responsibility; however, trucking accidents trigger different legal and business issues. Some profiles of common parties held responsible in Illinois truck accidents include:

The truck driver
The truck driver’s employer
The entity that owns the trailer
Any vendor or party that worked on or for the truck or trailer including repair shops
The maker or seller of the truck or trailer

Every new defendant opens up a new spring for recovery including insurance parties. If the truck accident caused a serious injury or death, your attorney will need to determine all possible defendants and categories of recovery before it is too late.

How Long Does It Take to Settle a Lawsuit?

It may take a few months to years to settle a truck accident case filed in Cook County Circuit Court. The process can be lengthy because of identifying the facts of the accident and party at fault can be quite cumbersome. Understanding the laws of Illinois that give right to recovery and what that recovery may be can test even the smartest lawyers.

Convincing the defendant of your ability to win at trial and by how much will prove tricky. If the matter goes to trial, it can last another year or two; therefore, truck accident victims in Illinois should move swiftly and consider contacting an attorney as soon as possible.

How Long Do I Have to File My Lawsuit in Illinois?

Plaintiff’s have two years to file a lawsuit after a truck accident in Illinois suing for negligence related to personal injury or wrongful death (735 ILCS 5/13-202). Most plaintiff’s sue for negligence which means the defendant acted unreasonably and caused the crash as well as the plaintiff’s damages. Plaintiff’s have two years as well to make a products liability claim following a truck crash (735 ILCS 5/13-213). Claimant’s must show that a defective product let to a crash and injury after being used reasonably and foreseeably.

Bicyclist Ran Over in Chicago Neighborhood, Avondale

June 26, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – A bicyclist was hit and critically injured by a city vehicle on Tuesday morning in the Avondale neighborhood located on the city’s northwest side.

The incident happened around 8:30 a.m. on the corner of W. Belmont Ave. and N. Milwaukee Ave.

Witnesses say a female bicyclist was struck and dragged by a city maintenance truck as its driver made a right turn at a busy intersection. The truck driver did not stop right away, and onlookers had to jump in front of the vehicle to tell the driver to stop, according to ABC 7. The driver reportedly told investigators that the bicyclist was in his blind spot.

The 31-year-old woman was taken to the hospital in serious but stable condition. The 48-year-old male driver of the truck was taken to a Swedish hospital for observation.

Residents in this area say the intersection is full of blind spots for drivers and pedestrians and is dangerous. The Chicago Police Department’s Major Accidents unit is investigating the incident.

Motor Vehicle Fatality Rates Jump Despite Quarantines

June 17, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – There has been much less traffic on the roads because of the novel coronavirus that has resulted in the closing of non-essential businesses and stay-at-home orders that have been in place since mid-March. There has been a reduction in car crashes; however, in some places the number of deaths from car accidents has decreased while others have increased.

Pandemic Traffic Crash Statistics
Some cities and states have seen a significant increase in dangerous car crashes during the pandemic. Through the first three months of 2020, the following states have experienced notable increases in the number of roadway deaths: Arkansas (16%), California (8%), Connecticut (42%), Illinois (11%), Louisiana (23%), Nevada (10%), New York (17%), North Carolina (10%), Oklahoma (9%), Tennessee (6%), and Texas (6%).

States with notable decreases include: Arizona (-4%), Hawaii (-32%), Idaho (-28%), Iowa (-13%), Maryland (-13%), Michigan (-12%), Oregon (-24%), and South Carolina (-12%).

Many people die from roadway accidents, especially during holiday weekends. The National Safety Council (NSC) estimated over Memorial Day weekend that 366 may die on U.S. roads. If the estimate holds, it will be the lowest number of fatalities for the holiday period since 2014.

Reasons for an Increase in Accidents
Reports indicate speeding has increased significantly since traffic has lessened. Some states are moving towards “ill-advised” roadway tactics intended to address the pandemic such as repealing requirements for teen drivers to pass road tests before acquiring licenses and relaxing hours of service rules for commercial vehicle drivers.

Distracted driving may also be more prevalent since there is less traffic, so drivers get a false sense of security and begin to use less caution. Drivers figure they have more time to react, so its OK to look at their cellphone.

“What really strikes me is the incredible speed of the changes we’re seeing on a roadways,” Ken Kolosh, manager of statistics at the National Safety Council, told NPR. “Looking at other recessions what you usually see is a decrease in the number of deaths, or the injuries and fatality rate holding steady or decreasing slightly.”

Driver Precaution
Practicing defensive driving is always important, and it is particularly important during the pandemic, as drivers may be much more reckless. To help ensure safer roads, NSC urges people to do the following while on the road:

Follow state and local directives and stay off the roads if officials have directed you to do so; many states are asking drivers to stay home unless it’s an emergency situation or for essential errands
Obey speed limits, even if roads are clear and traffic is light
Practice defensive driving: Buckle up, designate a sober driver if you’re going out drinking or arrange alternative transportation, get plenty of sleep to avoid fatigue, and avoid distractions
Be aware of increased pedestrians and bicycle traffic as people turn more to walking and biking to get out of their house safely during quarantine
Stay engaged with teen drivers’ habits and practice with them frequently (tips available here)
Organizations and employers are encouraged to join the Road to Zero Coalition, a group committed to eliminating roadway deaths by 2050

NSC collects fatality data monthly from all 50 states and the District of Columbia and uses data from the National Center of Health Statistics, so deaths occurring within one year of the crash on public and private roadways–such as parking lots and driveways–are included in the estimates. NSC motor vehicle crashes and estimates for each state can be reviewed here.

Injured in an Auto Accident? Our Licensed Attorneys Can Help

If you suffered injuries in a car crashed caused by someone’s negligence, or you lost a loved one in an accident, please call the Dinizulu Law Group for a free consultation. We may be able to help you seek compensation for your damages. With more than 50 years of experience, our legal team has protected and brought justice to victims and their families through Chicago and Illinois. Due to the statute of limitations, it’s important you inquire with an experienced attorney immediately to preserve your legal rights. For a free consultation, call (312) 384-1920 or visit our website for more information.

54-Vehicle Crash Shuts Down Part of Kennedy Expressway

April 16, 2020/in Blog/by Yao Dinizulu

Snowy, click conditions led to a massive multi-vehicle car crash on the Kennedy Expressway Wednesday morning, sending 14 people to the hospital. The Chicago Fire Department the vehicles involved in the crash were in the inbound lanes near North Avenue around 5 a.m. Officials attribute the crash to “low traction on the expressway” and drivers speeding, according to the Chicago Tribune. Snow had been falling during the early morning, contributing largely to the accident.

The 14 people – all adults – were transported to St. Joseph’s Hospital, Sts. Mary and Elizabeth Medical Center, and Northwestern Memorial Hospital, all with minor injuries. Authorities shut down the expressway at North Avenue for hours to clean up the crash, with at least a dozen Illinois Department of Transportation (IDOT) vehicles towing away cars that are no longer drivable.

The Illinois Department of Transportation released a statement, saying:

IDOT crews were called in at 1:30 Wednesday morning and those numbers continued to escalate as the forecast changed and the event intensified. At one point, IDOT had approximately 70 trucks on the road spreading salt and de-icing materials.

We do believe that the low traffic volumes as of late have increased speeds, resulting in many of the spinouts and crashes this morning. Traffic counts have been cut in half over the last month. As a result, n speeds on the expressways have been very high and traffic is moving too fast for current conditions.

In 2017, there was a total of 311,679 crashes that occurred on Illinois roadways, according to the IDOT. Approximately 854 crashes occurred per day in 2017; furthermore, 10 persons were injured per hour, and nearly three persons were killed per day due to traffic crashes in 2017.

Driving in the snow and ice create for dangerous road conditions, especially when speeding. If you’re driving in the snow, it’s important to remember to drive slow, accelerate and decelerate slowly, and increase your following distance.

Surgery is the 2nd Most Common Reason for Medical Malpractice Claims

March 9, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – According to a new report from medical liability insurer Coverys, surgery is the second most common cause for medial malpractice claims against doctors. Surgery not only puts the patient at risk, but it also poses a risk to doctors in terms of medical malpractice claims.

Coverys analyzed closed medical malpractice claims from 2014 to 2018 and found surgery-related claims accounted for nearly 25 percent of cases. Diagnosis-related claims accounted for 32 percent, which resulted in more malpractice cases.

Surgeons are a Major Factor in Malpractice Claims

The majority of malpractice claims showed 78 percent, or 2,579 surgery-related claims due to practitioner performance during surgery. All phases of the surgical process, including the care and decision making leading up to and following the surgery, can lead to a malpractice case, according to the report.

Top claims included general surgery (22 percent), orthopedic surgery (17 percent) and neurosurgery (8 percent), making up nearly the 50 percent threshold of surgery-related claims.

29 percent of injuries sustained from surgery were considered “permanent significant,” and 9 percent resulted in a patient’s death. Nearly 39 percent of claims alleged a lack of technical skill of the surgeon; furthermore, 27 percent allege a failure in clinical judgement and/or communication.

Before a surgery begins, physicians have the responsibility to ensure a patient’s participation and understanding of shared decision making. Surgeons are required to document informed content discussions in medical records; however, some physicians require to meet this standard.

Surgeons and insurance companies want to prevent medical malpractice claims because it will cost money, do damage to their reputation, and cause harm to a patient. These concerns are minor compared to the burden a patient must bear after suffering an injury during surgery.

Preventing Surgery Related Malpractice Claims

Coverys offers recommendations to healthcare systems and how they can improve outcomes that prevent surgical mistakes that can be catastrophic, and in some instances, deadly, including:

Physicians should work with patients to develop an understanding of why certain decisions are made by medical professionals and risks involved in certain decisions and procedures.
Surgeons should document informed consent with patients in their medical records. The patients response and any questions should also be included.
Operating rooms should be distraction-free including limited conversation, turning cell phone ringers off, no music, and banning visitors or observers while a procedure is taking place.
Hospitals should adopt similar guidelines to the aviation industry that mandates pilots that pilots cannot perform non-essential duties during high-risk activities.

There is a predominant issue in the medical field that involves distractions in operating rooms, which could furthermore lead to a surgical mistakes or death.

Are You a Victim of a Surgical Error?

There is no doubt that any surgery comes with risks; however, the risks should not include carelessness, distraction, or negligence. Many surgical errors are preventable, but hospitals and doctors must do everything they can to eliminate distractions and communicate to the best of their ability.

Failure to adhere to the standard of care is a violation of your rights of a patient. If you suffer from harm as a result of medical malpractice, you should contact an attorney immediately about your rights and options to pursue compensation. At Dinizulu Law Group, we work regularly with clients who have had to endure pain and suffering and catastrophic injuries due to a surgeon or hospital error. We help victims who are suffering from the negligent behavior of nurses, doctors, surgeons, and hospital healthcare systems.

If you have concerns regarding the care you received or the outcome of a surgical procedure, we can help. At Dinizulu Law group, our team of legal and medical professionals will review your situation and help determine if you have a medical malpractice claim. To get started, request a free consultation by calling us at (312) 384-1920.

Boeing Indefinitely Suspends All Production of 737 Max

December 17, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Boeing made an announcement on Monday shocked the aviation industry when stating all 737 jets will be grounded in January. This is a drastic step after the Federal Aviation Administration (FAA) said its review of planes would continue into 2020.

Until now, Boeing has continued to produce 737 jets at a rate of 42 per month and purchasing parts from suppliers at a rate of 52 units per month, though deliveries are frozen until regulators approve the aircraft to fly commercially again (CNBC). The grounding of 737 jets will have an effect throughout the aerospace’s supply chain and broader economy. Further problems for airlines may continue, as hundreds of millions of dollars and thousands of flights are canceled.

The 737 Max has been grounded since March after two fatal crashes in Indonesia and Ethiopia killed all 346 on board both flights within a five-month period. Grounding the 737 Max’s has cost the plane manufacturer more than $9 billion so far. Boeing acknowledged the regulators’ review of the planes although it is lasting longer than the end-of-year approval the Chicago-based manufacturer was targeting.

On both deadly flights, a fault sensor caused MCAS to push the plane’s nose down, and pilots were unable to control the plane. Boeing has noted they are now making the nose-down less frequent and powerful by adding redundancy to tie it to two sensors and two computers.

Rep. Peter DeFazio, the chairman of the House of Transportation Committee, said, “This will be the most thoroughly scrutinized fix in the history of the aviation industry.”

“We know that the process of approving the 737 Max’s return to service, and of determining appropriate training requirements, must be extraordinarily thorough and robust, to ensure that our regulators, customers, and the flying public have confidence in the 737 Max updates,” Boeing said in a statement. “The FAA and global regulatory authorities determine the timeline for certification and return to service. We remain fully committed to supporting this process.”

In March, nearly 400 Max planes were in global fleet when regulators grounded the planes. Boeing has continued to produce more than 400 more jetliners, which are currently parked at its facilities in Washington and elsewhere. Going on the 10^th month of being grounded, planes have been paused from being delivered to customers, and Boeing said halting production all together would help deliver the stores planes when the grounding is lifted.

It’s unclear when the 737 Max production line will be cleared by regulators to fly again. U.S. airlines have taken the planes out of their schedules until at least March. American Airlines stated they don’t expect to fly the planes before April. Southwest Airlines has extended cancelations from the grounding until April 14, 2020.

Analysts highlight Safran SA and Senior Pic as other suppliers that could experience disruption impacts. Smaller suppliers with smaller cash cushions are more vulnerable to the product pause. Southwest Airlines, the largest 737 Max customer, said last week they had reached a confidential compensation agreement with Boeing for a proportion of a projected $830 million hit to operating income in 2019 from the grounding. According to Boeing, there are no layoffs or furlough expected at this time.

Victims of the deadly crashes were from more than 35 countries aboard Lion Air Flight 610 and Ethiopian Airlines Flight 302. The Dinizulu Law Group offers our deepest condolences to all that were affected by the crashes. The Dinizulu Law Group is located in Chicago, IL where Boeing is currently facing litigation for families affected.

The laws that govern the sky can be complex, which is why it takes a seasoned legal team to successfully represent victims of aviation accidents. It’s important to hire an attorney who has the trial experience and legal resources to tackle the detail-oriented litigation required in cases against airline companies. If you need legal advice related to the loss of a loved one from an aviation accident, our personal injury attorneys can give you answers in a free consultation. To schedule an appointment, please call our office at (312) 384-1920. For additional information, please refer to our website.

5 Tips for Sharing the Road with Semi-Trucks

November 26, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – An auto accident involving a semi-truck and any vehicle can cause victims to suffer from serious injuries, and even fatal. For this reason, it’s important to know how to drive safely around a semi-truck or any large commercial vehicle, especially those that are carrying cargo.

The Dinizulu Law Group has come up with several strategies for you to use to help reduce your risk of becoming involved in an accident with a commercial vehicle, including:

Stay Focused

You should be focused at all times on the roadway while driving. This includes avoiding any distractions such as your cell phone, GPS devices, adjusting vehicle features, or any other distractions while operating a motor vehicle.

By remaining focused on the roadway, you’re more attentive to the cars surrounding you, such as a semi-truck. By engaging in distractions while driving, you put yourself and others at risk, and significantly reduce your ability to react to unexpected hazards such as a semi-truck losing control from a blown tire.

Keep A Safe Following Distance

Maintain a safe driving distance between your vehicle and a semi-truck at all times. It takes much longer for a semi-truck to stop than what it takes for a passenger car. Large trucks need more space than a passenger vehicle to safety maneuver the roadway.

By maintaining a safe distance, it allows you to have more time to respond to dangerous situations. For example, trucks require a much longer distance to come to a complete stop. By following too closely, you may increase the cause of a serious accident. A proper following distance is at least a four-second space between your vehicle and a semi-truck.

Pass the Truck Safely

When passing around a semi-truck, you should always do so in a cautious and safe manner. Do not recklessly or carelessly overtake the larger vehicle’s position on the roadway, or especially a highway.

Always make sure you can see the driver of the semi-truck in their mirror – if you can’t see them, they can’t see you. Use your turn signal to alert the driver and others on the roadway that you intend to change lanes.

When passing a truck, attempt to quickly pass them to minimize the amount of time you spend in the truck drivers blind spot. Make sure the semi-truck is visible in your rear-view mirror before pulling in front of it.

Watch for Blind Spots

Semi-trucks and large commercial vehicles have blind spots that make it difficult for the driver to see vehicles that are approaching. To avoid spots where truck drivers may have trouble seeing you, watch out for the following areas:

Up to 20 feet directly in front of the truck
Up to 30 feet directly behind the vehicle
In the left lane between the front and half of the trailer’s length
In two right lanes of the vehicle, between the front and half of the semi-trucks length

Anticipate Wide Turns

Avoid driving near a semi-truck while it is making a wide turn. Many semi-trucks have a wide-turning radius which reduces the amount of time you have to stop if the truck is taking up a majority of the roadway.

If you’re driving near a semi-truck attempting to turn, do not try to pass on the same side that the truck is turning. Please allow plenty of space between your vehicle and a truck while the truck is making a turn and avoid being in its path.

Contact an Attorney After an Accident

By taking these precautions while driving around semi-trucks, you may be able to significantly reduce your risk of becoming involved in a truck accident. If you are injured in a collision caused by a semi-truck, don’t hesitate to contact a lawyer to discuss filing a personal injury claim.

Dinizulu Law Group’s trusted personal injury lawyers in Chicago have helped many accident victims obtain justice and the compensation they deserve after suffering an injury, and even fatalities, due to another’s negligence. They will carefully review the circumstances of your accident and help determine if you may be owed compensation from the truck company or truck driver.

We work on a contingency fee basis, which means you only have to pay us if we recover compensation for your claim. Please call our office at (312) 382-1920 for a free, no obligation consultation to find out if you have a case.

Reasons Why Trucking Accidents Occur

November 5, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – There are many factors that contribute to car and trucking accidents, such as weather, equipment failure, poor vehicle maintenance, among other factors. Many car accidents that involve semi’s or tractor trailers occur for the following reasons:

Rollovers are the most common type of trucking accident. Rollers occur when a driver loses control of his truck and begins to slide sideways, in which any obstruction can cause a rollover such as a curb, guardrail, uneven ground, or another car. Trucks that make too sharp of turns also run the risk of rolling over. The severity of truck rollovers are high, and have high fatality rates.
Malfunctioning brakes or an error in a trucks braking system can result in catastrophic or fatal crashes. Most trucks have air brakes which are designed to stop a truck in roughly 100 feet when traveling at a speed of 34-40 mph. When a malfunction or error in the brake system occurs, it can become a very dangerous scenario for all drivers on the road. Even when pumping the breaks, it’s important to remember these 80,000 pound vehicles can be deadly.
Tire blowouts are also a common cause of trucking accidents, as the wear and tear on these vehicles is extremely high from the long distances traveled. The truck’s load and the distance traveled will have an effect on the tires.
Overloaded cargo is a result of a truck that has been loaded with over-capacity weight. Truck drivers are expected to meet very tight deadlines, and may push this by over-loading their truck with material meant for multiple drives. When trucks overload cargo, the weight begins to be too heavy to manage, which can result in an accident.
Falling debris occurs when trucks are loaded improperly, which can cause cargo to be lost during transit, which can cause an accident. Trucks are responsible for loading and securing cargo properly so that nothing falls on the highway.
Blind spots can cause accidents, as truck drivers have many. If you’re unable to see the truck driver in the side mirror, they cannot see you – whether you’re on the right or left side of the truck. Do not follow too close to a truck, as this is also a blind spot.
Swinging turns is when a truck causes a collision while turning. Swinging turn accidents can happen when a truck swings left to make a right turn, when a truck makes too wide of a turn, or squeezing cars beside the truck by not turning wide enough.

If you’re involved in a truck accident in Illinois:

For drivers who are involved in a collision with a truck, or caused by a truck, you should first determine if anyone at the scene needs to seek medical attention. Truck accidents are normally very serious, and the appropriate medical attention should be provided to all necessary parties.

Avoid talking to a truck company without the presence of an experienced Illinois truck accident attorney. More than likely, the truck company will try to negotiate a settlement; however, without a knowledgeable attorney, you could be cheated out of the full cost for your injuries, damage, and compensation for lost wages.

At Dinizulu Law Group, Ltd., we understand how trucking companies and their insurance providers operate, and we refuse to settle for any offer that is unjust. Our attorney’s have represented and fought for the rights of our clients that have been affected by a trucking accident, who will use their experience to win your case.

Contact a Chicago- based truck accident attorney today for a free consultation at (312) 384-1920.

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

Senate Reports More Than 400 Facilities with “Persistent Record of Poor Care”

September 30, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing home abuse is extremely under-reported in the United States; however, a list released by the Senate named nearly 400 facilities across the nation that had a record of “persistent poor care.” According to documents and interviews, budget cuts are the contributing factor by reducing available funds to focus on the inspections that are required for nursing homes.

Two Senators released a report in June for the families that are struggling to find the right nursing home for their loved ones. Many people had questions regarding why some homes were not disclosed, while others were publicly identified.

Senator Bob Casey, D-PA, and Senator Pat Toomey, R-PA issued the report stating, “we’ve got to make sure any family member or any potential resident of a nursing home can get this information, not only ahead of time but on an ongoing basis,” according to the Associated Press.

The report comes after the Center of Medicare and Medicaid Services (CMS) provided a list of nursing homes with ongoing issues and documented problems that were not publicly disclosed. More than 1.3 million Americans live as a nursing home resident in more than 15,700 facilities.

There is a Special Focus Facility Program in which CMS did not disclose the names of roughly 80 smaller nursing homes that are getting special inspection to help solved documented problems. Nursing homes that don’t improve and fix their standard of care could potentially be cut off by Medicaid and Medicare.

Medicare provides a website entitled “Nursing Home Compare” with detailed information regarding all Medicare and Medicaid-certified nursing homes across the country. Nursing homes that are in the Special Focus Facility Program can be identified by a small icon that is a yellow triangle.

CMS Administrator Seema Verma singled out federal budget problems as a factor according to the AP. Verma mentioned, “The number of special focus slots and total number of special focus candidates are based on the availability of federal resources. In 2010, there was room for 167 nursing homes and 835 candidates; now it’s down to 88 slots and 440 candidates.” Federal budget cuts were reduced in 2014.

Federal budget cuts are not the only factors: staffing level and clinical outcomes should be considered.

According to Modern Health Care, recent studies show that nursing home staffing levels are often much lower than what facilities are reporting. Half of the facilities that were analyzed met staffing levels less than 20 percent of the time; moreover, registered nurses in 91 percent of organizations met expectations less than 60 percent of the time. For-profit facilities were more likely to report higher staffing levels compared to not-for-profits.

This is a crucial factor when deciding what facility to place your loved one in. The Consumer Voice mentioned direct caregivers such as an RN, LPN, LVN, or CNA can have up to 5 residents in a day, 10 in the evening, or 15 at night; in addition to licensed nurses including RN, LPN, or LVN, during the day having 15 residents, in the evening 20, and at night 30 residents.

You don’t want to put your loved one in a nursing home where the staff to resident ratio is not sufficient enough care your loved one should be and needs to be given. On average, a RN in a nursing home in the United States has a salary of $61,363 as of August 2019; however, the range typically falls between $57,744 and $64,973 (Salary). It’s important to note many nursing homes are under-staffed, which means staff is overworked and underpaid, often times neglecting your loved one – especially if family is not consistently visiting.

Modern Health reported RNs spent 42 percent less time with residents on weekends, licensed practical nurses spent 17 percent less, and nurse aids spent 9 percent less. Large facilities often have a bigger decreased in staffing levels over the weekends – weekends tend to be busier than the weekdays. Staff that works long hours are more likely to lead to an increase of error while working with residents.

Clinical outcomes that should be evaluated beyond nurse staffing and patient safety, is evaluating nurses’ working conditions. Nurses could over-administer a patient’s medication, or perhaps equipment failure. Although this may seem like a small error, this can interrupt important patient care.

Nursing homes are required to provide residents with quality care. The World Health Organization defined quality of care as a “key component to the right to health, and the route to equity and dignity.” Quality of care includes safe, effective, timely, efficient, equitable, and people-centered care. Many nursing homes fall short of these expectations and requirements, and deficiencies can even go unnoticed.

It’s important to do extensive research on nursing home facilities before placing your loved one in one. Go to visit – check how residents and staff interact, what daily activities are offered, what kind of living accommodation your loved one will be in, and visiting hours.

Abuse in nursing homes and is not limited to physical, emotional, mental, or sexual abuse. It can also include financial exploitation, as well as neglect. It’s important to notify nursing home management and local law enforcement immediately if you suspect your loved one is suffering from neglect or abuse.

Our experienced nursing home abuse lawyers work diligently to seek compensation and justice for your loved one. Please call (312) 384-1920 or visit our website to schedule a free, confidential consultation in our downtown Chicago office, or we can meet wherever is convenient for you.

Contact info:
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