Archive for May, 2009

Tractor-Trailer Truck Accidents Involving Hazardous Materials

Friday, May 29th, 2009

truck accident hazardous materials 300x282 Tractor Trailer Truck Accidents Involving Hazardous MaterialsAs noted in previous posts, truck accidents often result in catastrophic personal injuries, due to the size and weight of trucks and tractor-trailers.  Individuals rear-ended by a tractor-trailer, or sideswiped by an over-the-road truck driver often sustain serious and permanent injuries, including traumatic brain injury, spinal cord injury, paralysis and wrongful death.

Accidents involving trucks transporting hazardous materials, including explosives, chemicals, and bio-hazards, are particularly dangerous.  Trucks and tractor-trailers transporting hazardous materials are subjected to additional rules and regulations, so consulting with a top Chicago truck accident lawyer is critical, as it is for any truck accident.

49 CFR Part 171 defines hazardous materials as “a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law.”  49 U.S.C. 5103.

Examples of hazardous materials include explosives, flammable and combustible substances, poisons, and radioactive materials. In addition to the serious trauma-induced injuries caused by a truck collision, accidents involving trucks carrying hazardous materials can cause other serious injuries, such as chemical burns or exposure to toxic materials.

The severity of a chemical burn depends on the depth and surface area of the burn. The most severe burns are 3rd degree and 4th degree burns. Third degree burns injure all the skin layers and tissue under the skin whereas 4th degree burns extend through the skin to injure muscle, ligaments, tendons, nerves, blood vessels and bones.

Symptoms of a serious chemical burn include:
•    Dizziness
•    Weakness
•    Shortness of breath
•    Seizures
•    Cardiac Arrest

Any chemical burn requires immediate medical treatment.

Severe chemical burns, such as a 3rd or 4th degree burns, may require more extensive treatment, such pain management, antibiotics to protect against infection, skin graphs or other surgery and physical therapy.

If you suspect negligence was the cause of a hazardous tractor-trailer truck accident that injured you or someone you love, contact an experienced Chicago truck accident attorney as soon as possible to investigate your case, and ensure that your rights are protected.

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Tractor-Trailer Truck Accidents – An Experienced Lawyer Helps Determine Causation

Friday, May 29th, 2009

chicago tractor trailer accident causation 300x158 Tractor Trailer Truck Accidents   An Experienced Lawyer Helps Determine CausationAs with all motor vehicle accidents, there various causes of truck accidents — some purely accidental, some caused by carelessness or recklessness.  Some of the less innocuous causes of truck accidents, which may form the basis for a personal injury negligence action, include driver fatigue, overloaded trucks, improper truck maintenance (by the tuck driver, trucking company, or other entities in control of the tractor-trailer), defective trucks, failure to properly secure loads, and various forms of driver error or negligence.

Due to the size and weight of tractor-trailers, truck accidents are often fatal. A fully loaded semi tractor-trailer can weigh over 80,000 pounds, whereas the average passenger vehicle weighs only 3,000 pounds. Despite the various rules in place to regulate and ensure the safe operation of trucks on our roadways,  including the Federal Motor Carrier Safety Regulations, truck accidents involving catastrophic personal injury or death continue to occur.

It is critical to begin investigating the cause of a truck accident as soon as possible. The minute a truck driver is involved in an accident, the driver notifies his boss or dispatcher at the trucking company, who immediately notifies their insurance carrier.  Within hours, the insurance company has its investigators at the scene of the accident — taking pictures, interviewing witnesses, taking statements — gathering evidence to defend against a potential personal injury lawsuit several years down the road.

This is why it is critical for individuals injured in truck accidents, or their family members, to contact a top Chicago truck accident lawyer as soon as possible.  If the lawyer is experienced, he or she will know to hire its own investigator and begin its own investigation to determine the true cause of the truck accident.

Federal and state trucking regulations are confusing, so hiring an experienced Chicago truck accident lawyer is important. An overview of the Federal Regulations was provided in a previous post.

For example, defective tires and brake failures are the two biggest mechanical failures that result in trucking accidents. According to the United States Department of Transportation (DOT), 29.4% of all trucking accidents involved break failure.  One of the federal trucking regulations, 49 C.F.R. § 393 – Parts and Accessories Necessary for Safe Operation, provides specific technical requirements for such things as brakes, brake performance and tires.  A qualified, experienced truck accident lawyer will consult with the relevant experts — engineers, accident reconstruction consultants, etc. — for the necessary technical explanations of the cause of the truck accident.

A top personal injury lawyer experienced in handling tractor-trailer accidents will seek to hold all individuals or entities responsible for their negligence.  For example, the brake manufacturer may have failed to adhere to automatic brake adjustment system requirements, or other federal regulations. The tire manufacturer may have sold defective tires.  The trucking company may have neglected to perform frequent, routine inspections and proper maintenance, provided inadequate truck driver training and set unrealistic schedules that contribute to driver fatigue. The truck driver may have neglected to perform a pre-trip inspection, may be driving while intoxicate or have been speeding.

Given the variety of factors and players involved in the trucking industry, the technical aspects of determining the cause of a tractor-trailer accident, and the substantial medical review to determine the extent and nature of the plaintiff’s injuries, hiring an experienced truck accident attorney to investigate your case is crucial.

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Complying With Affidavit Requirement in Illinois Medical Malpractice Cases

Wednesday, May 27th, 2009

illinois medical malpractice affidavit 200x300 Complying With Affidavit Requirement in Illinois Medical Malpractice CasesIn Illinois, to file a medical malpractice action, the plaintiff’s attorney must file an affidavit and written report pursuant to Section 2-622 of the Illinois Code of Civil Procedure.  735 ILCS 5/2-622.  Because it often takes months to secure the relevant medical records, locate a qualified medical expert, and obtain an affidavit and written report from the expert, this requirement stresses the importance of contacting an experienced Chicago medical malpractice lawyer as soon as possible regarding a potential cause of action.

Section 2-622 requires the plaintiff’s attorney (or the plaintiff herself, if she is proceeding pro se) to file an affidavit declaring the following:

  • That the affiant has consulted with a medical professional who the affiant believes is knowledgeable in the relevant issues involved in the action, has practiced or taught within 5 years in the same area of health care or medicine that is at issue in the particular action, and meets the standards required of all medical expert witnesses set forth in section 8-2501;
  • That the medical expert has reviewed the medical records and determined in a written report that there is a “reasonable and meritorious cause for filing of such action”, and that the affiant has concluded based on the health professional’s review and consultation that there is a reasonable and meritorious cause for filing the action;

The written report of the medical professional(s), attached to the affidavit, must adhere to the following:

  • A single written report must be filed to cover each defendant, including defendants who are named at a later time;
  • For individual defendants, the written report must be from a medical professional licensed in the same profession, within the same class of license, as the defendant;
  • For non-individual defendants (i.e. hospitals, practice groups, etc.), the written report must be from a licensed doctor qualified to testify regarding the standard of care applicable in the case;
  • Must identify the profession of the reviewing doctor, as well as the doctor’s name, address, current license number, and state of licensure;
  • Must identify the “reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing of the action exists”.

If the plaintiff’s attorney is unable to secure an affidavit from a doctor within the two-year statute of limitations period, the attorney must do the following:

  • File an affidavit stating that the affiant was unable to obtain a consultation from a medical professional before the expiration of the statute of limitations and therefore the statute of limitations would impair the action;
  • In such a case, the plaintiff attorney receives a 90-day extension after the filing of the complaint to file an affidavit and written report from the medical professional as described above

Or, if the plaintiff’s attorney has requested copies of plaintiff’s medical records, which have not been produced within 60 days of the receipt of the request, the plaintiff can get a 90-day extension to file an affidavit and written report pursuant to section 2-622(a)(3).

Additionally, special rules apply where the plaintiff is relying on the doctrines of “res ipsa loquitur” or “failure to inform” as part of her medical malpractice lawsuit.  See 735 ILCS 5/2-622(c), (d).

The failure of the plaintiff to file an affidavit and medical report in compliance with section 2-622 is grounds for dismissal of her cause of action.

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