PARENTS SUE RAILROAD

A railroad company knew its train crossing in Aurora was dangerous and could have prevented an accident that killed two DuPage County teenagers, recently filed court papers allege.

The documents surfaced earlier this week in relation to the collision that killed Krishna Bharadwaj of Naperville and Arvin Rao of Westmont. Today marks the second anniversary of the teens’ death in that crash.

Bharadwaj and Rao, both 16, had spent most of April 11, 1999, hopping from library to library to research a science project. The boys were headed east on Ogden Avenue in Aurora when a freight train on the Elgin, Joliet & Eastern Railroad clipped the back of Bharadwaj’s Toyota Camry.

The train’s whistle blew several times and the warning lights and bells also were working, according to police reports. The car, however, maintained its speed as it approached the tracks.

The Camry entered the crossing easily. There were no gates to prevent its admission.

That, according to a lawsuit filed by Rao’s parents, is where the railroad failed the boys.

Documents filed in the case show the railroad company had been instructed to install gates as early as 1997 but had not done so.

In a May 7, 1997, letter to the company, the Illinois Department of Transportation requested the gates because of visibility problems at the crossing. The railroad responded with a $155,000 plan to install the gates during the next fiscal year, when federal funds would be available.

Three months later, a company engineer scribbled an addendum saying the money had not yet become available.

“Need federal approval,” EJ& E engineer Dennis R. Ojard wrote on the memo. “Have not applied yet. Expect to do next month…unlikely now to get in before April 1999.”

The Raos’ lawyers says the company’s inability to install the gates before April 1999 resulted in the teenagers’ deaths.

“There’s no doubt the railroad had a visibility problem,” said Timothy Cavanagh, the family’s attorney. “Had they corrected it, the deaths would not have occurred.”

Railroad spokesman James P. Bobich would not comment. Gates have since been installed at the crossing.

State officials first learned about the visibility problems in April 1997 when Naperville resident Florence Dowdy filed a complaint with the Illinois Commerce Commission. Dowdy, a mother of Waubonsie Valley High School students, worried about children – teenage drivers, in particular – passing through the ungated crossing on the way to school each day.

Two weeks after she registered her grievance, the commission sent her a letter saying the crossing had restricted visibility. As a result, the letter says, gates would be installed.

“I just felt it was very unsafe,” Dowdy said. “I thought with all the children going to Waubonsie, something should be done. I did the best I could do.”

Arvin Rao’s parents, Mani and Murali, also have become advocates for improved railroad crossings. The family, which emigrated from India in 1998, questions why all crossing don’t have gates as they do in their native country.

“They don’t understand why a country like ours does not live up to obligations to protect people,” Cavanagh said.

The Raos’ lawsuit seeks an undisclosed amount in damages. A trial date has not been set.

Suit: Railroad claimed it didn’t have funds for gates

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Former Wisconsin Senator Injured But Upbeat After Cycling Accident

Roger Scott says he feels extremely blessed to have survived a serious motorcycle accident which occurred last Sunday. The 61-year-old ex-Senator was on vacation in Florida, making his way down Interstate 10 to visit a friend when he was caught off guard by an overturned SUV. While attempting to serve, Zien crashed his motorcycle and suffered severe injuries.
Investigators have discovered that the 24-year-old driver of the SUV lost control of his vehicle while changing lanes on the Interstate. The SUV flipped to its side in the middle of the road, where the ex-Senator crashed into it shortly thereafter.
In a testimony to the police, Zien explained that the early morning darkness prevented him from seeing the SUV until it was too late to avoid an accident. As a result of the crash, Zien suffered a broken hip, multiple breaks in his left hand, and a serious injury in his left leg which required amputation.
Zien and his wife appeared to be in good spirits when issuing statements to the press. Zien repeatedly stated how thankful he was to be alive, although he did admit that his days of intensive motorcycling may be over.
In the past, Zien has received recognition as a passionate cycling devotee and reportedly traveled over 2 million miles on his motorcycle over the past 50 years.
Police officers report that the driver of the SUV and his passenger both suffered minor injuries during the crash. The driver has been charged with failure to maintain a lane and driving with a suspended license and needs to help of a motorcycle accident lawyer, such as the ones at sutliffstout.com.

LA Accident Times

Accidents happen every day; some are simply that — life’s accidents — but some are completely preventable and happen due to someone’s utter negligence. When the carelessness of someone else results in a personal injury of you or a loved one, it is an infuriating, scary and confusing time in your life. You know that someone did something wrong and should be held accountable, but fear of the unknown of the legal world or taking on the insurance company keeps you from speaking out.
Our attorneys at the  hope to alleviate some of the fear of the unknown through this blogging forum. We want this blog to serve as a stepping stone toward our readers finding confidence through knowledge. Regularly, we will post news stories regarding  personal injury cases and law, most likely focusing on the following popular types of cases:

The posts will mainly cover news based in Louisiana; however, when a national story is applicable to our state laws or opens up a widely important legal conversation, we will post those stories as well.
As a practice,  always encourages client involvement and feedback, and we know that that involvement increases the likelihood of success. Blogs in particular are meant to be open forums wherein the writers and readers share ideas, concerns, suggestions, etc. So please, feel free to post your thoughts on this blog, and we will do our best to accommodate you in a timely manner.
If you are involved in a personal injury case and have specific legal questions, do not wait to contact an experienced lawyer. We would be happy to compassionately listen to your case and provide you with the honest guidance you need to confidently move forward.
Thank you for your time and participation. We look forward to blogging with you!

WORKPLACE ACCIDENTS: CAR CRASHES #1 CAUSE OF DEATH FOR WOMEN WORKERS

According to the podcast SEO is Dead, in 2009 4,340 American workers lost their lives in fatal workplace accidents, many of which were accidents in Florida requiring personal injury lawyers in Florida. (2009 is the latest year for which statistics are available.) Slightly more than 300 of those workers were women. While these numbers are high, it’s actually an improvement from 2008 when 5,218 workers died.
Women workers are more likely (43 percent) than male workers (38 percent) to die in transportation-related accidents – car and truck accidents, and air, rail and water transportation accidents. This is primarily because more men than women are killed in workplace accidents involving heavy equipment and falls from heights. Men were also more likely (9 percent) than women (6 percent) to be exposed to toxic chemicals in the workplace.
Tragically, violent assaults, homicide and suicide are the second most common cause of death for women workers (30 percent compared to 17 percent for men). The data from the BLS does not distinguish coworker homicide from domestic assaults that occurred in the workplace.
Employers have a great deal of influence over workplace safety matters and can do a great deal to reduce workplace injuries and deaths:
• Providing training on the proper use of equipment
• Having safety equipment in place should an accident occur
• Ensuring equipment is properly maintained so it doesn’t break or fail
Each of these actions can reduce the number of work-related accidents and make the workplace safer for women and men.

Driver in Beach Truck Accident Has History of Careless Driving

According to a recent report in the Daytona Beach News-Journal, the Volusia County Beach Patrol ranger involved in Wednesday’s beach truck accident has a history of careless driving while on the job. Beach ranger John Scott Dowling is accused of running over sunbather Carole Dalton as he drove across the beach to help a lifeguard and also a car accident lawyer , like the team at https://www.sutliffstout.com/houston-car-accident-lawyer/.

Despite initial reports that her injuries were not serious, Ms. Dalton required emergency surgery due to compound fractures in her lower leg. Her shinbone was fractured up to the knee, requiring the installation of a plate and seven screws. She also sustained cuts to the face and a large bruise on her chest where the beach truck’s tire ran over her.

“She started rehabilitation this morning. They’re saying no weight (on it) for 90 days,” her husband told the News-Journal on Thursday. “It was much worse than we thought.”
Dalton feels lucky: “God and a guardian angel were watching over me,” she said. “If he (Dowling) hadn’t turned to miss the woman with the baby, he would have run over my center and I’d be dead.”

A Personnel File Filled With Commendations — And Several Accidents

The Florida Highway Patrol’s investigation of the Lauderdale lakes car accident was not complete by the time the Daytona Beach News-Journal story was published on Thursday afternoon, but charges are pending.

John Dowling has worked as a beach ranger since 1987, According to the News-Journal, his personnel file is mostly filled with commendations. He has several marks on his record, however, when it comes to his driving:

• In 1993, he was suspended without pay for one day because the county’s Accident Review Board determined he had “been negligent” while driving his work vehicle.
• In 1998, his supervisor sent him a “letter of caution,” reminding Dowling that he had been involved in “several preventable motor vehicle accidents” since he began working for Volusia County, and that he had taken Risk Management’s driver safety training course “twice previously.” That course is required when employees are involved in on-the-job car or truck accidents, although Volusia County spokesman Dave Byron points out that the accidents could be minor.
• In 2008, Dowling was involved in a slow-speed, rear-end collision on State Road A1A that the Accident Review Board determined was preventable.
Also in 2008, Dowling and some colleagues were created a beach driving training class, which earned him a commendation from Beach Patrol Captain Scott Petersohn. “Your dedication and commitment to the Volusia County Beach Patrol and the beach-going public will have a positive effect on safety and public perception for many years to come,” wrote Petersohn.
“As soon as the FHP report comes out, we’ll review it to see what went wrong,” Petersohn told the News-Journal of Wednesday’s beach truck accident. “We’ll see what we can do to change.”
Carole Dalton holds no grudge against beach patrol drivers, but does think some safety procedures could be incorporated to prevent accidents.
“I closed my eyes for a couple of seconds and the next thing I knew, the truck was on top of me,” she said. “I was on my chair stuck under it. I was screaming and crying. It hurt.”
“If he had a blind spot, he should have gotten out to look,” she added.

Liability in Jet Ski Accident Cases

Jet ski statements could be more difficult than additional sailing injury situations. Private vessel injuries might be susceptible to restricted responsibility, indicating plaintiffs that were hurt are precluded from lawsuits against defendants that were particular. National condition admiralty regulations determine that the vessel’s proprietor or tenant may possibly not be responsible for a collision when the judge thinks the event happened because of conditions beyond handle or their understanding.

Jet ski Injuries

In some instances, authorized waivers may confuse a state to document against an irresponsible occasion due to their deficits. Private boat tenants are nearly always necessary to signal a waiver to free boat operator or the hire organization from collision obligation. A person Can’t be pressured to signal a waiver; from hiring a Jet-Ski nevertheless, their disappointment to do this might prevent them. From seeking payment waivers don’t usually club a collision victim. If there is a waiver authorized using the requirement the hire business may satisfy its responsibility of care—its responsibility to supply a secure driving atmosphere and equipment—and the organization does not achieve this, case may possibly not be precluded. A closed waiver can also be void if your plaintiff demonstrates they didn’t obtain sufficient p pre or hire -trip security directions as-required legally.

To find out if you should be eligible for document case against an occasion that is negligent, contact your choices to be discussed by a Jet-Ski crash lawyer today.  www.marsalisilaw.com may be one firm that can handle your case.

Accident Compensation

In case your situation works, events or the celebration to blame might be necessary to offer payment for that following:

Medical Costs: Bodily injuries suffered in a sailing incident might need treatment that is substantial. Payment might protect transportation providers, rehab, previous and potential clinic charges, along with other costs.

Lost Earnings: if you should be not able to execute your work consequently of one’s damage, perhaps you are ready to gather payment to recuperate the total amount you’d have created had you not been hurt. When the damage leaves you completely handicapped and is serious enough to need substantial treatment, perhaps you are eligible for payment for potential earnings that were lost.

Pain it may purchase treatment which can be had a need to assist handle the stress While cash might not immediately assist you to or your loved ones cope with psychological concern due to the incident.

Perhaps you are eligible for payment when the accident was because of another’s neglect should you or perhaps a family member continues to be hurt in a personal watercraft accident. For more information about your choices that are lawful, today contact us.

New York DWI defense

When law enforcement officers pull someone over in a traffic stop, sometimes they seek to administer a breath test, intended to quantify the driver’s blood-alcohol content. Of course, it’s possible to refuse to take the test. But there can be consequences for someone’s driver’s license either way.
For purposes of DUI defense which ericgjohnsonlaw.com handles, it’s important to realize that these break tests to gauge drunk driving are not necessarily always accurate. And one reason they are not necessarily accurate is because the machines used to give them are sometimes faulty.
In this respect, a recent Pennsylvania case has implications for DWI cases in New York and other states. In Dauphin County Pennsylvania, a district judge ruled that the “breathalyzer” machines used by authorities were not accurate in assessing blood-alcohol content (BAC) beyond .15 percent.
To be sure, a BAC that exceeds .15 indicates a high level of intoxication. But the judge found breathalyzer evidence to be of such questionable accuracy as to make it unusable for proving intoxication in cases of what Pennsylvania calls “high-rate” DUI.
This is merely one example of concerns about breath test machines. But it stands for a broader point. Such machines, of whatever model – breathalyzer, intoxilyzer, or some other model – are not infallible. When they are not programmed or calibrated properly, the results can be erroneous.
So if you are fighting a drunk driving charge on Long Island or elsewhere in New York State, don’t just assume the police have all the evidence they need against you. Breath test results can be challenged – and sometimes challenged successfully.

Who to Blame After an Accident

Neglect

Many car crash lawsuits is likely to be centered on even the additional party’s disappointment, or neglect to exercise an acceptable standard of treatment utilizing typical streets or while working an automobile. The first analysis by lawyer and your provider will show the additional occasion broken traffic regulations or served carelessly. To dominate in a neglect suit, the hurt should display the offender didn’t fulfill with this standard of treatment, this neglect caused the incident, and also the break of the responsibility triggered her or his injuries. Possible defendants can include cyclists, careless drivers, drunk drivers, guests, people, or irresponsible drivers.

Company Obligation

If your deficiency within the automobile led towards the incident, the wounded party might have a state from among its components or the producer of the automobile. In some instances, the maker is likely to be responsible, aside from neglect, for accidents suffered consequently of style that is defective, labeling, or production. The plaintiff should show the deficiency happened throughout the production procedure and led for their damage to dominate. Generally, evaluation and expert account is likely to be necessary to decide following the automobile was bought or if the deficiency demonstrated throughout the production process.

Component or the faulty vehicle was
The automobile had been run as designed
The efficiency hadn’t altered since its original purchase
Some statements against producers have now been centered on seatbelts faulty tires, airbags wheels, and motors.