Posted on May 17, 2011 in Firm News

Bicyclists know the danger "dooring" - when the door of a parked car suddenly opens and blocks the path of a bicyclist who otherwise would be passing by - but not all drivers are aware of the hazard they may create when getting out of their cars. Therefore, to raise awareness of the issue and reduce the number of these bicycle accidents, Illinois is tracking dooring accidents as crashes on Illinois law enforcement crash forms for the first time.

Dooring can cause crashes that result in severe injury to bicyclists. When announcing the change, Illinois Governor Pat Quinn said, "Anyone who rides a bike can tell you that dooring is a serious issue." Quinn also stated that, "One of the best ways we can increase public safety is by making sure we've got the best and most comprehensive data possible" on dooring accidents.

Previously, the Illinois Department of Transportation excluded dooring accidents from data collection because the motor vehicles involved in the accidents were not moving at the time of the collision, reported the Chicago Tribune. Now, however, dooring accident data will be included in the IDOT's annual traffic accident summaries.

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 Posted on April 26, 2011 in Firm News

As the Midwest slowly breaks from winter's icy grip and embraces the welcome return of spring, motorcyclists who have been eagerly awaiting the melting snow and the return of warmer temperatures begin to prepare for another summer of riding.

To help all riders prepare for the upcoming motorcycle season the Illinois Department of Transportation (IDOT) has teamed up with organizations such as Gold Wing Road Riders Association (GWRRA) and A Brotherhood Aimed Towards Education (ABATE), among others, to present the "Gear Up" campaign. Gear Up will present riders with free rider training and promote the proper use of safety gear.

The Gear Up campaign offers the following safety tips to motorcyclists:

• Never drink alcohol and ride
• Obey the laws of the road
• Do not ride beyond your ability
• Wear proper gear - a helmet, safety goggles/glasses, long pants, a jacket and close-toed shoes
• Make sure the motorcycle is properly tuned
• Review safe riding techniques or participate in a free training program presented by IDOT

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 Posted on April 19, 2011 in Car Accidents

Traffic deaths in 2010 dropped to historic lows. A variety of factors are likely responsible for the decline including improved technology, increased public awareness about safe driving practices and improvements in road engineering.

According to the National Highway Traffic Safety Administration, in 2010, 32,788 individuals were killed in motor vehicle accidents. This is the smallest number since 1949, and a decrease of three percent from 2009. Although even one life lost on the road is too many, the decline in auto accident fatalities is an encouraging trend.

Ray LaHood, National Transportation Secretary, applauded the news, but indicated there were still improvements to be made, "We will continue to do everything possible to make cars safer, increase seat belt use [and] put a stop to drunk and distracted driving."

Car design and technological improvements have likely played an important role in decreasing traffic deaths. Advancements such as air bags, anti-lock brakes and stability control have served to both prevent accidents and increase the survivorship of those involved in collisions. New technologies that alert drivers if they drift out of their lane or closely approach another vehicle will hopefully continue to aid in car accident reduction.

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 Posted on April 07, 2011 in Firm News

From time to time, new clients will come to us after they are unhappy with an unreasonably low settlement offer that an insurance company has proposed for their injury. We are happy to fight for these clients to get them the better settlement amounts that they deserve. Unfortunately, many injury victims are confused about what an insurance company representative's offer actually is before they come to us. For example, an injury victim might be offered $20,000 for an accident that has caused $50,000 in medical bills. In such a situation, the victim reasonably presumes that when the insurance representative makes an offer of $20,000, that that amount is in addition to the insurance company's agreement to also pay the $50,0000 in medical bills and lost wages. Unfortunately, that presumption is probably NOT accurate. When an insurance company makes a flat offer of a certain amount to settle a claim, this means that from that amount all of the medical bills will still need to be paid, if possible. In the above scenario, the victim would not have been able to even pay all of her medical bills had she accepted the offer without seeking advice from an attorney. She would have taken an unreasonably low offer without realizing that the insurance company would not pay any of the bills.

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 Posted on March 31, 2011 in Articles

More than half of the commercial vehicle drivers who responded to United Safety Alliance, Inc.'s online survey admitted to deliberately violating federal Hours of Service (HOS) regulations. Those regulations aim to keep highways safe by limiting driving time so commercial vehicle drivers get enough rest.

Currently, HOS compliance is monitored through paper logs and supporting documentation such as toll receipts. However, paper logs allow for falsification. For that reason, the Federal Motor Carrier Safety Administration (FMCSA) is looking to shift to an automated means of monitoring compliance.

On January 31, 2011, the FMCSA published its electronic onboard record (EOBR) rule that will require certain motor carriers to install EOBRs to track drivers' HOS.

While many carriers already use EOBRs, the current law under the Hazardous Materials Transportation Authorization Act (HMTAA) still requires those carriers to maintain Records of Duty Status (RODS) documents to verify a drivers' time behind the wheel. Under the proposed rule, use of an EOBR would reduce the number of required RODS to substantiate driving time.

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 Posted on March 23, 2011 in Articles

Among the key budgetary issues legislatures will have to address this year, workers' compensation is one that can have lasting implications on employers, employees and insurance providers alike. Preston Diamond, Director of the Institute for WorkComp Professionals, identified a number of issues that are certain to affect these groups in 2011 and in years to come. This article will highlight a few of these issues and identify what employees may do to protect themselves.

Integration of Health and Wellness Programs

Healthy workers are less likely to be injured and they tend to return to work sooner. While this may be the prevailing norm, many employers have not made the connection between workplace safety and employee wellness. Mr. Diamond notes that the combination of new research, court rulings, and tighter budgets have led to more executives considering how health and wellness programs can benefit workers. Essentially, workers can benefit from participating in employer-sponsored wellness programs that could lower their health insurance premiums.

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 Posted on March 21, 2011 in Articles

Elder abuse has become a growing problem nationwide. The government estimates that between one and two million Americans over age 65 have been injured or mistreated by caregivers.

According to the Illinois Department of Aging, it is estimated that more than 76,000 Illinois residents over the age of 60 are elder abuse victims each year. This November the state closed the Orchard Court Nursing Home for failing to comply with safety regulations. The state may potentially revoke the licenses of six other long-term care facilities.

The true scope of nursing home abuse is difficult to grasp because of underreporting. Elderly victims often do not communicate the suffering they experience. For some older individuals this is a result of diminished capacity or intimidation from the caregiver responsible. Others are ashamed about what happened and embarrassed to discuss it with family. It is important that family members remain actively involved in a loved one's care so they can be alert for signs of neglect or abuse.

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 Posted on March 14, 2011 in Firm News

Reports on state budget cuts continue to be a popular subject for nationwide media outlets as the economy continues to lag behind in recovery. A recently proposed budget cut in the state of Illinois would affect farmers.

Currently, Illinois has implemented a statewide program (called AgrAbility Unlimited coordinated through a partnership of the University of Illinois Extension, the Illinois Department of Agriculture, and Central Illinois Easter Seals) that assists farmers and agricultural workers who have suffered injuries or disabilities in farm accidents.

The program was originally formed in 1990 thanks to a grant from the U.S. Department of Agriculture, but later turned over to individual states to handle. The Illinois AgrAbility Unlimited is one of about 20 state programs in the country.

But in 2009, $100,000 in funding for farmers was eliminated, cutting the program budget in half. Since then, AgrAbility Unlimited has tried to cover the loss by seeking private and corporate donations. This year they are hoping for a federal grant of up to $175,000.

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 Posted on March 10, 2011 in Firm News

Attorney Larry Apfelbaum wrote a letter to the editor at the Pantagraph in Bloomington, Ill. and really got people talking. Follow this link  to read the letter and see the discussion.

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 Posted on March 08, 2011 in Firm News

As this past winter has repeatedly and dramatically demonstrated, snow and ice accumulation are a fact of life in Illinois. Unfortunately, so are the painful, life-altering injuries that can result from a hard fall on ice or from tripping over a snow covered defect on the ground. The insurance companies have successfully lobbied government officials to shield businesses (and their insurance policies) from fairly compensating people injured by their own failure to clear ice and snow. As a result, it is generally the rule in Illinois that there is no duty for a business to clear snow or ice, even if a municipal ordinance requires them to do so. There is also no general duty to warn patrons of natural accumulations, including when water and ice is tracked into stores. Currently, there are only three situations in which a person can recover for a fall caused by snow or ice, however the attorneys at Kanoski Bresney  are well versed in all three.

The first situation in which recovery is possible is when an unnatural accumulation of ice and/or snow causes the fall. What is an unnatural accumulation? An unnatural accumulation can be caused by inappropriate construction or design, by improper snow clearing activities, or by shoddy maintenance. For example, an unnatural accumulation may be caused when runoff from a clogged gutter refreezes somewhere unexpected, when a plow piles snow which melts and refreezes where it normally would not, or when an unnatural depression in a parking lot fills with water and freezes. When an unnatural accumulation causes a person's injuries, that person must also prove: 1) That the landowning business knew or should have known about the unnatural accumulation and the risk it posed, 2) That the business knew or should have known that its customers would not be able to detect the risk or protect themselves against the risk, and 3) That an unreasonable action (or failure to take reasonable precaution) by the business caused the fall.

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