Chicago Accident Lawyer Blog

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.

Courts do not hold children to the same standard of care as an adult. They are held in a modified standard according to their age and development. The only time children are held to the same standard of care as an adult is if they are participating in an adult activity such as snowmobiling.

It is not known how this bicycle accident case will turn out. The police have found that the defendant did not provide "due care". A reasonable person would have known to stop before emerging onto the roadway and to have been aware of other users of the road. Unfortunately a small child had to die due to that negligence.

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.

Almost 5,000 people a year are killed in truck crashes, including more than 650 truck drivers.

Driver Fatigue is a major factor in truck accidents.
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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."

All boaters should take these simple precautions when out on Illinois waters: Always wear a lifejacket or PFD. Eighty percent of lives lost in Illinois boating accidents could have been prevented if the person involved had been wearing a lifejacket. Know your limitations. Don't go out in your boat in conditions you aren't comfortable with. Tell someone your plans before you go out. Don't operate any watercraft if you are under the influence of drugs or alcohol. Take an Illinois Boating Safety Education Course.

Remember, Illinois Department of Natural Resources officers and all other authorized law enforcement officers enforce boating laws. Officers have the authority to stop and board your vessel in order to check for compliance with state and federal laws.

It is illegal to refuse to follow the directive of a person with law enforcement authority. An operator who has received a visual or audible signal from a law enforcement officer must bring his or her vessel to a stop.

Illinois law requires that any vessel operator involved in a boating accident make a written report if the incident results in loss of life or disappearance of a person, or a person is injured, or there is property damage in excess of $500. Boating accidents that result in death or serious injury to any person must be reported to the Illinois Department of Natural Resources (IDNR) within 48 hours of the accident. All other accidents must be reported to the IDNR within 5 days.

Safe boating is the responsibility of anyone operating a vessel on Illinois waters. Please remember to wear your lifejacket, and make sure passengers on your boat are also wearing lifejackets. Don't operate a boat if you are under the influence of alcohol. Even if you are an experienced boater, consider taking an Illinois Boating Safety Education Course to brush up on your skills.

Product liability is when defective or dangerous products cause serious injury or even death. Thousands of people in the US are injured every year by these. Product Liability Law is different than other forms of injury law and can sometimes make it easier to recover damages. The manufacturer or seller of these products is held responsible or liable for distributing these dangerous products. In layman's terms a product must live up to the ordinary expectations of a consumer or it does not meet the requirements of the law. Each state sets its own laws about product liability.

On May 1, 2009, the FDA recalled fourteen Hydroxycut products after reports of effects on consumers such as liver damage and failure, heart problems, muscle damage and in some cases kidney failure. The product liability here rests on the manufacturers and distributors. The manufacturers should have known that their product was unsafe and never should have distributed it in the first place. The manufacturers and distributors did not properly warn consumers of the drug's dangers. The Hydroxycut company may be held liable for manufacturing defects or marketing defects in this case.

In such cases there is something known as 'strict liability'. This means that the consumer does not need to show that the manufacturers or distributors were actually negligent. There are three guidelines that determine liability here. The first is that the product had an "unreasonably" dangerous product that caused injury. The second is that the product was used by the consumer in the way the packaging/instructions detailed. And the third rule is that the product had not been substantially changed from the condition it was meant to be sold in.

There are some common defenses to consumer claims by manufacturers and distributors. They may claim the consumer substantially altered the product after it was purchased and that it was this alteration that caused the injury. They may also say the consumer used the product for a long time without incident and knew about the defect but continued using it.

In Illinois a consumer may take up to two years after the injury occurred to file suit. Don't wait that long. Strict Liability allows a consumer to file suit much more easily than with other personal injury suits. It's also important to come forward and shed light with others on the product liability so others don't experience the same thing.