A train that derailed and then exploded due to its ethanol contents is the cause of numerous lawsuits in Rockford, Illinois. It happened on June 19, 2009 and has led to numerous lawsuits of different claims. The most obvious claim is the one that extends from death and injury due to burn injuries sustained in the accident. But there are other claims that say the train company is liable because it put people in the danger zone of possibly being hurt or killed. There are also several claims from people who witnessed the accident for emotional trauma. While no one has yet to file a claim against the sheriff’s department there has been news and blogger speculation that there should be.

Apparently there were numerous 911 calls made to the Sheriff’s department about a section of washed out track. It was then reported to the railway company but they chose not to close the track and the Sheriff’s department did not act further on the issue. People stopped in their cars as the train passed said they knew something was wrong as the train cars were seen as “bouncing” along the track. Finally one completely derailed and landed in front of a stopped van. The contents of the car spilled and lit on fire killing one passenger in the van and severely injuring two others. Their injuries were from burns. The woman who died got out of the van and was engulfed in flames. Other stopped cars tried to get away and many watched in horror as the woman on fire burned to death before their eyes.

The family of van passengers have filed suit for the death of their mother and for their other injuries which included the loss of one woman’s baby only five months along. It is surmised that these burn injuries will be covered by the train company in a settlement.

Results from an 11 year study of bicycling injuries at a Denver trauma center show that injury rates and length of hospital stays for bicyclists rose over the course of the study, according to an article by Randy Dotings in USA Today.

The study found that chest injuries rose by 15% and abdominal injuries tripled over the last five years. The study also reveals that many bicyclists are still not wearing a helmet when they ride. Significant head injuries were sustained by 33% of the 329 injured cyclists in the study group.

The study was presented during the 2009 Clinical congress of the American College of Surgeons, held Oct. 11 to 15 in Chicago.

On Thursday, October 8,2009, a truck accident occurred by a Northwest Side shopping center leaving a total of three adults and two children injured. The truck apparently struck a parked car and then a tree. It happened just north of the Riverview Plaza Shopping Center. All four of the truck’s passengers were taken to nearby hospitals including the driver himself.

Apparently the driver will be charged with a DUI in the case. This could open him up to civil suits for negligence. He did not apply due care in his driving by drinking alcohol prior to driving and the DUI shows he was clearly over the limit to be able to operate a vehicle.

Drinking and driving is just a bad idea. Not only would you face charges in court that might find you having to pay a fine, give up your license for a period or worse, but if you harm other people in the process you will be subject to civil procedure in having to pay things such as medical costs, pain and suffering, lost wages, etc.

A Chicago woman who suffered severe brain injuries after being hit by a malfunctioning door in a Rosemont, Illinois Target store has been awarded a $7 million settlement. The Chicago Sun-Times reports that Claire Putman, 81, was entering a Target store at 7000 Mannheim Road on June 21, 2007, when a swinging door knocked her down and caused her head to hit the ground. Security video shows that the malfunctioning door swung open and struck her again.

Putnam suffered “diffuse brain injury” according to her attorney, and has some lasting cognitive deficiencies. She will move from a nursing home to her family’s home with medical costs being paid from the money she was awarded in the settlement.

A Cook County judge approved the settlement from Target and Besam USA, the manufacturer

Illinois Governor Pat Quinn announced the formation the Nursing Home Safety Task Force in response to a three-part Chicago Tribune investigation of nursing home abuse entitled “Compromised Care”, which reported on cases of alleged serious abuse of elderly and disabled nursing home residents.

The Nursing Home Safety Task Force will be headed by Michael Gelder, a senior advisor to Governor Quinn on health policy. The Task Force will include representatives from the Department of Public Health, Department of Healthcare and Family services, Department on Aging, Department of Corrections, Department of Human Services and the Illinois State Police.

According to a new federal report released by the General Accounting Office, Illinois has the nation’s second highest number of nursing homes that perform “most poorly” on quality of care measures. The newly formed Task Force will be examining current policies and procedures for ensuring the safety of residents. Governor Quinn has promised to ensure that Illinois’ nursing homes “offer a safe haven for residents, many of whom are among our most vulnerable and needy.” The Governor says the newly formed Task Force will be addressing the issue of nursing home abuse and neglect “with all deliberate speed.”

Kelly Holleran from the Madison Record reports that a mother is suing, on behalf of her minor daughter, the driver of the car her daughter was in for driving above the speed limit and for failing to exercise due care. She is also suing for herself as well.

The mother claims that the driver of the car was speeding upwards of 60-70 miles per hour. This, she claims, caused the driver to lose control of the car and they went off the roadway and the car flipped at least three times before ejecting her daughter and coming to a stop. Both mother and daughter received injuries from the auto accident that included severe and permanently disfiguring injuries that precluded them from normal work plus mental and physical anguish. The mother is claiming over $100,000 plus costs in damages.

Be aware that driving over the speed limit does not help one’s case in matters like these. The speed limit may be up for negotiation but due care is definitely a case for the mother and daughter. The driver’s duty is to the other cars on the road and to his/her passengers to drive in a manner that is careful to all of them. Did the driver do all that she could to prevent the accident? Did she slow down?

The U.S. Consumer Product Safety Commission (CPSC) in cooperation with SRAM LLC, of Chicago, Illinois has announced a voluntary recall of SRAM’s 10 Speed Bicycle Chains with PowerLock connector links. According to the CPSC, the recalled PowerLock connector links pose a hazard because they are brittle and can crack, which could allow the chain to separate from the bicycle, and cause an accident.

The recall involves SRAM PowerLock connector links, which are sold individually on 10-speed bicycle chains and as original equipment on some bicycles. The individual Powerlock connectors and bike chains with these connectors were sold from January 2009 through August 2009. Bicycles with the recalled chains were sold from April 2009 through August 2009.

Consumers are urged to immediately stop using the recalled Powerlock connectors, chains and bicycles with these connectors. Consumers can contact their SRAM retailer for a free replacement PowerLock connector link.

A driver that struck and fatally wounded a five year old girl in Chicago on September 6th was ticketed for the bicycle accident. The five year old was riding her bike on Sacramento Ave when she was struck by a 64 year old woman coming out of an alley and passing onto the road. The young girl was taken to Saint Francis Hospital in Evanston and pronounced dead shortly after six o’clock Sunday evening.

The driver was issued two citations. She was cited for not stopping when emerging from an alley and for not providing “due care” for a pedestrian in a roadway. The Chicago Police are big promoters of the idea that “Bikes Belong” according to the Chicago Bicycle Program.

“Due care” is often discussed during bicycle accident cases and personal injury cases in general. It means that the defendant is required to operate a vehicle or truck, etc. with the same “ordinary care” that a reasonable person would do in the same situation. Negligence cases often come down to the reasonableness of the defendant. The police and courts take into account the relative reasonableness of the defendant in making citations or negligence decisions. “Due care” is about responsibility including the responsibility you have when operating a vehicle knowing that there are other cars and bikes and trucks on the road.

A semi truck accident that blocked the northbound lanes on I-55 for more than two hours on Tuesday morning may have been caused by driver fatigue. According to Illinois State Police, the driver of the truck lost control of his vehicle as he was crossing the Des Plaines River bridge in Channahon, Illinois. An initial investigation by Joliet District Illinois Police has determined that drowsiness caused the driver of the truck to lose control and crash. The driver was also cited for failing to reduce speed to avoid an accident and improper lane usage.

Driver fatigue significantly increases the risk of a truck driver being involved in an accident. A study conducted by a research team at Penn State found that the crash risk for truck drivers was more than three times higher in the last hour of an 11-hour day of driving than it was for the first hour. Reseachers also found that multi-day driving schedules (over seven days) were associated with significant crash risk increases.

A coalition of Consumer, Safety, and Labor groups has filed the initial legal brief in the third round of litigation which seeks to overturn longer truck diving and work hours which the Bush administration imposed in 2003. The hours-of -service rule increased the number of hours a trucker can drive to 11 consecutive hours each shift. In addition, the new Bush rules allow truckers to operate up to 17 more hours a week. Drivers can be on the road 77 hours a week instead of the 60 hours they were limited to under the old, pre-Bush rules. The Bush hours- of service rule also expands driving and work hours by reducing off-duty rest time at the end of the week from a full weekend (50 hours or more) to as little as 34 hours off-duty.

Illinois Department of Natural Resources Conservation Police officers (CPOs) will be increasing their enforcement efforts on Illinois waters this Labor Day weekend, September 4th through the 7th. Illinois Conservation Police will be watching for boaters operating under the influence of alcohol or drugs. They will also be checking to make sure that proper safety equipment is present on boats, especially personal floatation devices (PFDs) or lifejackets.

Illinois boaters who are caught operating under the influence (OUI) face severe penalties. Under Illinois laws, operating under the influence (OUI) is a Class “A” misdemeanor for the first offense. It is punishable by a maximum of six months to one year in jail and/or up to $2,500 in fines.

According to IDNR Chief of Law Enforcement Rafael Gutierrez,” Accidents and fatalities on Illinois waters usually come down to a couple of things- people not wearing their life jackets or people who operate carelessly or recklessly… We cannot stress enough how important it is to wear your life jacket and to have a designated driver onboard.”

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