Governor Quinn Announces New Statewide "Dooring" Rules

Today Governor Quinn announced that he would instruct the various law enforcement agencies within the state of Illinois to begin tracking “dooring” incidents, or incidents in which bikers are hit when a vehicle operator or passenger opens his door suddenly.  Previously, these accidents were not recorded as traffic accidents, as they involve parked, as opposed to moving vehicles. 

Governor Quinn plans to use the data to monitor when and where these accidents are happening and to use this data to implement roadway improvements and new safety measures. 

You can read more on this new initiative here.

Joke of the Week

As Mr. Smith lay on his death bed, he formulated a plan to take some of his considerable wealth with him in death. He called for the three men he trusted most: his lawyer, his doctor, and his clergyman. He told them, "I'm going to give you each $30,000 in cash.  When I die, I want you all to come to my funeral and place the money in y coffin so I can take it with me when I go." All three agreed to do this and were given the money. At the funeral, each man approached the coffin and placed an envelope inside. 


While riding in the limousine to the cemetery, the clergyman said "I have a confession. Brother Smith was a good churchman all his life, and I know he would have wanted me to do this. The church needed a new baptistery, and I bought one using $10,000 from Brother Smith's money. I only put $20,000 in the coffin." The physician then said, "Well, since we're confiding in one another, I might as well tell you that I didn't put the full $30,000 in the coffin either. Smith had a disease that could have been diagnosed sooner if I had this new diagnostic machine, but the machine cost $20,000 and I couldn't afford it then. I used $20,000 of the money to buy the machine so that I might be able to save another patient. I know that Smith would have wanted me to do that." The lawyer then said, "I'm ashamed of both of you. When I put my envelope into that coffin, it held my personal check for the full $30,000." 

Weatherproofing Your Car for the Summer Months

Cars do not require a great deal of attention most of the time. However, there are times when it is essential to make a few adjustments or spend some time working in your car ensure safety and legality of your car. 

Nearly everyone makes an effort to weatherproof his or her car during winter months, but it is also a good idea to make adjustments to your car during the spring and summer as well, as your vehicle may be exposed to new elements.   Doing so can help ensure your safety and help to avoid accidents.   Here’s what you can do during the spring and summer to improve the safety of your car:

1)      Check your tires.  Make sure they are full and that the treads are not too worn, especially if you live in a rainy area where traction must be at a maximum. 

2)      Keep a can of Fix-A-Flat or another flat tire air can in the car in case of an emergency. 

3)      Keep a pair of sunglasses in your glove compartment at all times.  Glare can be a big hindrance to driving safety, but is a relatively easy thing to avoid.   

4)      Make sure you have a full emergency set in your car, including jumper cables, flares, a spare tire and a jack.  An orange reflective vest is also a good thing to have on-hand for nighttime road emergencies. 

And, as always remember to stay alert and cautious at all times.  Here’s to a safe and fun summer!

Pessimistic Driving

When driving, it’s smart to assume the worst.  Don’t assume other drivers will stop when they’re supposed to: assume they’ll blow every light or stop sign.  Always keep enough room between you and other cars to allow time for your vehicle to stop in any event. 

Dangerous drivers come in many shapes and sizes.  Young drivers are notoriously impulsive and brash when it comes to getting behind the wheel.  But distracted drivers can be worse, from the guy munching on McDonald’s to the teen texting her friends on her way to a party.  Always assume these other drivers are not paying attention and that you have to be the one to practice defensive driving.  For a complete guide to defensive driving, see the Illinois Department of Motor Vehicles Guide to Defensive Driving in Illinois.

Joke of the week

(One I think is particularly relevant to the “Chicago Machine!”)

What's the difference between a good lawyer and a great lawyer?
A good lawyer knows the law. A great lawyer knows the judge.

American Academy of Pediatrics Changes Car-Seat Safety Recommendations

In an effort to reduce the devastating injuries suffered by children every year in automobile accidents, the American Academy of Pediatrics has updated their guidelines on car-seat safety.  The updates include the following recommendations:

·        Children should remain in rear-facing car seats as long as possible in order to better support the child’s head and neck.  Previous recommendations were to turn the seat around as early as 12 months of age. 

·        Children should use a harness until the height of 4’9”, which for many children will mean waiting until they are 8-12 years old to switch to the regular seatbelt.

·        Children should not sit in the front seat until they are 13 years of age. 

For the complete AAP Guide to Car Safety Seats, click here. 

Will County Jury Finds in Favor of the Plaintiff in an Automobile Accident that Resulted in the Amputation of the Plaintiff’s Arm

The November 2010 edition of Chicago’s Law Bulletin highlighted several recent jury verdicts in Illinois.  One of particular interest involved a case tried in Will County, before Judge Susan T O’Leary.  John Kirkton, of the Law Bulletin writes:

"On June 21, 2005 James Gron’s Dodge Neon, which was traveling northbound on Route 30 in Oswego, was sideswiped by defendant’s southbound gravel dump truck at a curve in the road. Allegedly, the truck crossed over the center line. James (25), who had been driving with his left arm resting on the car’s window ledge, suffered near total amputation of the arm during the collision, and underwent multiple reconstructive surgeries. The defense maintained, supported by testimony from an Oswego police officer, that it was plaintiff who had crossed the center line. However, on February 19, 2010 the jury returned a net verdict of $1,060,462 for James, plus $33,120 to his wife Kitty for loss of services—but nothing for her loss of society."

Although auto-accidents are often litigated in the Illinois court system, this case is unusual for several reasons.  To begin with, amputations are fairly rare in traffic crash cases.  In addition, the courts ruled in favor of the plaintiff, despite the fact that his arm was resting outside of the vehicle.  However, the jury found the defendant to be liable for the injuries of the plaintiff, and did not find the plaintiff to be contributorily negligent.   

Jury Rules Against the General Contractor of a Chicago Elevator Construction Site, Awarding for the Plaintiff in a Work-Related Personal Injury Case

Jobs that involve a high degree of manual labor often yield the largest number of Workers’ Compensation cases.  When an injury occurs while the employee is completing what are considered to be part of the day-to-day job requirements, that employee often has a Workers’ Compensation case. 

Yet accidents at work can sometimes be litigated as Personal Injury cases in instances in which negligence is a factor. Aguilera v. FHP Tectonics is such an instance. 

The Plaintiff, David Aguilera was injured when he fell through an elevator shaft while working for the Chicago Transit Autority on an expansion project for the Brown Line.  Mr. Aguilera had opened the door of a freight elevator, which opened despite the fact that the elevator was not on that level.  He then fell approximately twenty feet down the elevator shaft.  Mr. Aguilera sustained serious medical injuries, including a torn meniscus, a torn anterior cruciate ligament in his knee, a concussion and lumbar strain.  Mr. Aguilera and his attorneys argued that he was permanently injured as a result of this accident and that he would be unable to find sufficient employment given his permanent disabilities.

Mr. Aguilera’s attorneys argued that his injuries were caused by negligence on the part of the site’s general contractor, FHP Tectonics.  The jury was asked to consider whether the contractor sufficiently managed the safety of employees, specifically Mr. Aguilera.  The jury found in favor of Mr. Aguilera in the amount of $534,379.