Category

Trucking/Car Accidents

The Same Tragedy Over and Over

Distracted Driving

by Jeffrey J. Kroll

We don’t want any other family to go through what we’ve gone through,” said Jamie Bolognone, following the death of her fiancé Gerardo Marciales from a bicycle accident on DuSable Lake Shore Drive on February 28th of this year. The happy couple who lived in Lincoln Park, met prior to the pandemic. They were due to marry September 3rd, but their dreams were dashed when a driver blew through a red light and proceeded straight into a turning lane at an intersection where he admitted pedestrians and bicyclists did not have enough time to cross. The driver, a 26-year-old man, was cited for disobeying lane markings, police said.

Ever the devoted family man, Marciales had moved to Chicago from Venezuela in 2019 but continued sending money back to the family in his home country.

“This type of incident is far too common on the streets of Chicago,” says Jeffrey Kroll, partner with Kaveny + Kroll Trial Attorneys, located in Chicago. “So many young people (Marciales was 41) are robbed of the prime of their life by inadequate safety laws and driver misconduct.” Jeffrey Kroll won a verdict for $5.25 million when a 25-year-old Divvy bike rider was struck and killed in a Chicago area intersection when she was sideswiped by a truck, the first shared bike accident in North America. “These stories are the public ones, but the truth is, far too many innocent bicyclists are injured or killed by motorists not abiding by the laws,” says Kroll. “We need to call for safer streets, tougher laws and a stronger system for fighting those incidents that go awry.

Distracted Driving

Distracted Driving

by Jeffrey J. Kroll

Harmful products which are designed or manufactured by large corporations, even something necessary like cow’s milk formula, are often the cause of catastrophic injuries and deaths.  Often times, individuals harmed by a product may have called a telephone number they saw on television and had been put in touch with a law firm which submitted their case to be part of Multi District Litigation (“MDL”).

What does an MDL mean?  An MDL is a very specific process wherein federal cases with the same or similar facts are transferred to one federal court to be handled by one, specific judge.  Once the transfer occurs, all cases identified by the federal court and the parties as having some type of common fact pattern which would benefit from being part of the consolidated case, will be coordinated and consolidated for pretrial proceedings.

The following types of cases commonly qualify as an MDL:

  • Cow’s milk formula
  • Mass disasters
  • Medical devices
  • Dangerous drugs
  • Other product liability claims.

An MDL case will involve multiple lawsuits which are filed by several parties.  The goal is to allow for an individual client’s needs to be addressed during the MDL.  This is different than a Class Action.  On the other hand, a Class Action involves a single lawsuit filed by a large group of people.  In a Class Action, the claims of all those people are consolidated into one legal action.

At Kaveny + Kroll, we have experience in handling cases that are heading toward an MDL or have been placed into an MDL by other courts.  At Kaveny + Kroll, we evaluate each case and treat each client no different than an individual case.  If you have a case in an MDL or want to discuss how we can assist you further, please do not hesitate to give our Mass Tort Lawyers at Kaveny + Kroll a phone call at 312-761-5585.

How can trucking companies contribute to a collision?

How can trucking companies contribute to a collision?

by Jeffrey J. Kroll

When someone hears about a truck accident, they immediately think of the negligence of the truck driver and the truck driver’s conduct as to the cause of the collision. Yet, trucking companies can and often will be found directly responsible for truck accidents or can often be responsible for at least contributing to these collisions.

Let’s face it, in today’s society, trucking companies assume and accept responsibility when it comes to their tractors, trailers and drivers. If a truck accident was caused by someone else’s negligence and you or a loved one were injured, contact an experienced Chicago truck accident attorney to have all of your questions answered.

Trucking is a lucrative industry that is fueled by the economy.  Sadly, when a company or industry chooses profits over safety, safety often takes a back seat. When it comes to truck accidents, a trucking company can assume a significant degree of responsibility under any of the following circumstances:

  • Failing to implement and follow policies that adhere to not only all State trucking rules, regulations and restrictions, but Federal as well.
  • Failing to oversee an insurer that loads are correctly and safely placed on trailers it sends out on the roads.
  • Failing to hire and train truck mechanics
  • Failure to maintain the tractor/trailer in a safe working order
  • Failing to hire and train truck drivers who have the required Commercial Driver’s License according to the federal motor carrier safety administration

These companies have a responsibility and duty to the public to send out trucks that are in a good working condition and operated by safe and experienced drivers.

When you think about it, a fully loaded tractor trailer typically weighs about 80,000 pounds.  A car will typically weigh 4,0000 pounds.  Thus, one can easily see that a truck accident can result in deadly injuries on our roadways.  Trucking companies bear responsibility and can be deemed liable under many circumstances.  If a truck driver or a truck company’s negligence leaves you injured or causes the loss of a family member, accomplished Chicago accident truck attorneys at Kaveny + Kroll are well prepared to help.  Please do not hesitate to schedule your free consultation by contacting us today at 312-761-5585.

MOTOR VEHICLE COLLISON

MOTOR VEHICLE COLLISON

by Jeffrey J. Kroll

If you have recently been involved in a motor vehicle collision, you likely have numerous questions and concerns running through your mind.

A simple car accident can sometimes turn into a complex problem. While attorneys focus on cause of the collision and seeking out all potential reasonable parties, you need to focus on your recovery. The motor vehicle collision attorneys at Kaveny + Kroll can help you during these confusing times so you can focus on what is most important.

Having handled car accident cases and tried several to verdict, I have seen first-hand how a motor vehicle accident can have a rippling effect on a family.  For example, following a collision, it is not unusual for one to be experiencing some or all of the following problems:

  • Shoulder, neck and/or back pain: Pain in these areas of the body is not uncommon due to the force of the impact. Often, these injuries do not manifest at the time of the collision and can take hours, days, or even weeks to develop. Pain in these areas of the body can results from tissue damage, injuries to muscle, tendons or even joints.
  • Swelling: Swelling often results from tissue damage. Once again, swelling may take days to fully manifest itself.
  • Bruising: Bruising will also potentially develop in a delayed manner following the occurrence of a soft tissue injury.
  • Dizziness: Often times, dizziness will occur with the shaking of the head. Following a collision, dizziness can be a sign of a whiplash injury or even a concussion. Often, it is accompanied by blurry vision.
  • Abdomen or chest pain: It is not uncommon to experience abdomen pain or chest pain following a collision as a result of wearing a seat belt. Persistent pain in this area can be a sign of internal bleeding and should be immediately brought to the attention of a healthcare provider.

The injuries resulting from a car accident often depend on the nature of the accident. If any of these symptoms persist, seek medical attention as soon as possible.

The questions pertaining to insurance, the severity of your injuries and potentially the claims process can add unnecessary stress for you while trying to move forward from this life altering event. When questioning who is at fault for the crash and the cause of your injuries, it is advisable to consult with a car accident lawyer to ensure your rights are protected. Learn how the car accidents attorneys at Kaveny + Kroll might be able to help by reaching out for a free consultation today.

SAFETY TIPS FOR RIDING MOTORCYCLE IN THE RAIN

SAFETY TIPS FOR RIDING MOTORCYCLE IN THE RAIN

by Jeffrey J. Kroll

With the weather finally getting warmer, motorcycles will be back on the roads, however rainfall remains a safety hazard for motorcyclists. By being fully prepared for inclement weather, a motorcyclist can stay safe on Illinois roads.

 

WEAR THE RIGHT GEAR

Wearing the right gear is an important precautionary measure and can help motorcyclists stay safe in less-than-ideal weather. When riding in potentially wet conditions, motorcyclists should consider the following attire:

  • Water-resistant clothing
  • Helmets – Although is not required by law in Illinois, a full-face helmet with an anti-dash fog visor and breath guard provides excellent protection and visibility while driving in rain.
  • Waterproof gloves
  • Waterproof riding boots

A motorcyclist should be fully aware of the dangers wet roads present. For example, wet roads may cause reduced traction, hydroplaning and even a decrease in visibility. Similarly, it will take longer for motorcyclists to stop on wet pavement compared to dry pavement.

Riding a motorcycle in the rain or on wet pavement is not the same as operating a motorcycle in dry weather. Not only is visibility impacted, but rain brings changes to the road service. Therefore, reduction of speed and adjusting your riding technique is imperative for not only your safety, but the safety of others.

Even if you take all necessary safely precautions, a motorcycle accident can still occur. If your accident was caused by another person’s negligence, the skilled motorcycle personal injury attorneys at Kaveny + Kroll can help.

MOTORCYCLE BLIND SPOTS

MOTORCYCLE BLIND SPOTS

by Jeffrey J. Kroll

As the weather starts to get nicer in the Chicagoland area, motorcyclists will take to the roads. Unfortunately, many motorcycle accidents occur when a car or truck fails to see a motorcycle in their blind spot. Truck and car operators must know where blind spots are and how to stay safe on the roadways.

If a motorcycle accident does occur, it is important to seek the services of Kaveny + Kroll; we can guide you through the legal process and are available answer any questions you may have.

 

HOW DO YOU IDENTIFY A BLIND SPOT?

It is almost impossible for a driver to know where the blind spots are on their vehicle unless you know how to look for a blind spot. While in the driver’s seat, you can gauge where blind spots are in a vehicle by looking over your shoulder and identifying what you are unable to see in your mirrors alone. Blind spots are especially dangerous when trying to see a motorcyclist, as a motorcycle is much smaller and less visible to other drivers on the road. Whenever possible, a motorcyclist should change lanes to avoid traveling in other motorists’ blind spots.

 

TIPS FOR CARS AND TRUCKS

There are serval actions a motorist can effectuate to avoid an accident with a motorcycle. For example, operators should adhere to these simple tips:

  • Check and adjust all mirrors to increase visibility around your vehicle before driving.
  • Look before turning, changing lanes, or passing other vehicles. This includes checking your mirrors and looking over your shoulder, if need be.
  • Avoid driving while distracted so you are fully aware of your surroundings, including your blind spots.

If you are injured in a blind spot motorcycle accident, it is important to seek the assistant of a skilled Chicagoland motorcycle injury attorney at Kaveny + Kroll.  We are here to help answer your questions and assist with a financial recovery.

The life (and death) cycle of a scooter

The life (and death) cycle of a scooter - Staying Safe and Alive aboard

(CHICAGO, IL)…Most of the nation is still deep in winter, but even so, it’s hard to ignore the lure of spring bringing warmer temperatures, a new growing season and scooters back on the road.

“The Scooter Pilot Program received a great deal of interest and excitement in Chicago last summer,” says Jeffrey Kroll, Partner with Kaveny + Kroll Trial Attorneys (www.kavenykroll.com) and an advocate for transportation safety. “Based on this, the city is planning to roll out another pilot program in specific neighborhoods, to better assess the pros and cons.”

Jeffrey Kroll has a unique perspective on issues involving shared and alternative transportation, which while offering many advantages over ‘planes, trains and automobiles,’ none the less are among the most vulnerable on the roads. In 2019, Kroll represented and achieved justice in the first shared bicycle case on behalf of the family of a young woman, who was killed when riding her Divvy bike across a Chicago intersection.

From this vantage point, Kroll, like many others, emphasizes injury and death as the two greatest issues that need to be addressed. Supporting Kroll’s viewpoint are the facts and figures, not just locally but nationally and worldwide. Over 29 scooter related deaths have occurred since 2018. The Journal of the American Medical Association (JAMA) observed a “dramatic increase” in injuries and hospitalizations associated with e-scooter use in the US from 2017 to 2018. A joint study from Austin Public Health and the US Centers for Disease Control and Prevention last May estimated 20 rider injuries per 100,000 trips.

“No training program, no helmet requirements, lots of red flags,” says Kroll. For novices trying to maneuver through traffic, this is a recipe for disaster.  We have already recorded a number of injuries (many being to the head) and accidents.  If our safety measures don’t improve, inevitably, we will see even more broken bones…and broken dreams.”

While the Scooter came to be with hopes that it could offer Chicagoans a greener and economically efficient means of transportation, there still remains much room for improvement.  Cities throughout the country, and the world, have banned scooters and/or issued strong warnings and requirements for your ‘ticket to ride’, in order to better enforce safety regulations.

Jeff Kroll is motivated by something far more personal. “In my years as a Personal Injury attorney, I have seen the worst of injuries and death on our roadways. As a father of two children, this information keeps me awake at night. If I can help mitigate this for my family and others, I plan on doing so.”

 

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Kaveny + Kroll Trial Lawyers (www.kavenykroll.com) is a leading boutique medical malpractice and personal injury law firm in Chicago. They were established in 2019 by award-winning attorneys Elizabeth A. Kaveny and Jeffrey J. Kroll.  The firm is driven by a commitment to justice and the need to fight for victim’s rights and financial recovery. At Kaveny + Kroll, we believe a valued law firm should take your case personally … because it is.

Chicago is a Top City for Bike Share and Scooters, Study Says

Chicago is a top city for bike share and scooters, study says

By Ryan Smith

Curbed Chicago

Chicago trails only Honolulu, New Orleans, and Nashville among U.S. cities that could benefit the most from micromobility transit options.

Shared bikes, e-bikes, and electric scooters have the potential to reduce Chicago car trips by more than half, according to a new report from INRIX—a Washington state-based transportation data and analytics company.

Emily Hartridge, Popular YouTube Personality, Dies at 35

Emily Hartridge, popular YouTube personality, dies at 35

By Amir Vera

CNN

YouTube personality Emily Hartridge died Friday, according to an announcement made on her official Instagram account.

“This is a horrible thing to have to say over Instagram but we know many of you were expecting to see Emily today and this is the only way to contact you all at once,” the post read. “Emily was involved in an accident yesterday and passed away. We all loved her to bits and she will never be forgotten. She has touched so many lives it’s hard to imagine things without her. She was a very special person.”

Is Electric Scooter Safety Next on the Regulatory Menu?

Is Electric Scooter Safety Next on the Regulatory Menu?

By Mike Gentine

The National Law Review

A few years ago, hoverboards drew a lot of attention from the U.S. Consumer Product Safety Commission (CPSC). Formally known as self-balancing electric scooters, hoverboards became an instant success because they combined practical mobility and enjoyment. But that success was not without some setbacks. When news stories in 2015 linked hoverboards to fires, the same popularity that drove sales also attracted public and government scrutiny.