According to data from Distraction.gov, the Official U.S. Government Website for Distracted Driving, there were more than 3,000 deaths and some 431,000 injuries caused by distracted driving in 2014. That was the same year that Illinois enacted its hands-free cell phone law which required drivers to use their phones hands-free—i.e. Bluetooth, speakerphone, etc.—or face a fine. Sadly, Illinois police say the ban has done little to improve safety on the road and that most drivers continue to ignore the ban. What does this mean for other motorists, particularly when it comes to the risk of experiencing an auto accident injury or wrongful death?

Understanding the Distracted Brain

Despite popular belief, humans are not efficient at multi-tasking. Instead, when the brain is required to manage more than one task at a time, it switches from one train of thought to the other rather. So, for example, if you are driving and texting, your brain places more focus on the act of texting while you are inputting your message and then returns its focus to the road. There is one caveat, however. The brain does not always shift quickly from one task to the next. Fatigue can further slow the transition. Considering that most Americans do not get anywhere near enough sleep, it is perhaps fortunate that there are not more distracted driving accidents than the current numbers show.

With the spring season now upon us, people throughout the region will undoubtedly be looking to stretch their legs and leave winter behind them. Stores and retail outlets are likely to see a boost in sales over the next few weeks and months, but with more customers out and about, there will also be an increased risk of shopping injury. Wet floors, tripping hazards like extension cords, and falling merchandise can all pose serious threats to shoppers. Fortunately, the legal system provides protection—known as premises liability—for those injured on the property of another. At its most basic, premises liability laws require landowners to make sure that their property is safe for other people to enter, but other complications do often arise.

Shopping Injuries

Although people do not often think of shopping as a dangerous activity unless they are lining up for a Black Friday sale, even “normal” shopping can result in a variety of injuries. The most common injuries are the result of slips and trips due to puddles, tripping hazards or poorly maintained floors. These sorts of shopping hazards can result in sprains, bruises, broken bones, and back injuries, but shoppers can experience even more severe injuries.

When you first learn to drive in DuPage Henry County or elsewhere in Illinois, your “education” may come not only from formal driver’s education classes but also from anecdotes and bits of wisdom shared by friends and family members. Some of these stories and pieces of advice can be helpful. Others, however, are incorrect, however, and can lead drivers to make errors in judgment that can either lead to car crashes or jeopardize the rights of an injured accident victim. Some of the more prevalent myths and inaccurate advice regarding Illinois car crashes include:

• A pedestrian always has the right of way. While pedestrians may suffer serious injuries in an accident, this does not necessarily mean that pedestrians always have the right of way or that pedestrians can never act negligently and thereby contribute to their own injuries. A pedestrian who behaves in a careless manner—failing to look both ways before crossing the street or walking along a dark street while wearing dark clothing—and suffers an injury may find his or recovery limited in proportion to his or her degree of fault.
• In a rear-end collision, fault is always clear. While many rear-end collisions are the result of a trailing driver carelessly running into the back of a vehicle in front of him or her, this does not mean the trailing vehicle’s driver is always to blame. The driver of the leading car—the car that was rear-ended—may have unreasonably and unexpectedly applied his or her brakes or made an abrupt turn without signaling. While this would not completely absolve the driver of the trailing car of responsibility for causing the crash, it may limit the damages the driver of trailing vehicle must pay to an injured party in the front car.
• The at-fault driver must pay for my medical bills and other expenses. While this is generally true, this does not mean the injured motorist or passenger has no responsibility following a crash. An injured motorist who does not seek prompt medical treatment for his or her injuries, abuses prescribed medications, or fails to follow his or her doctors’ instructions and directions may be considered negligent and partly responsible for contributing to his or her own injuries. He or she may find it difficult to obtain full compensation for all of his or her losses, especially if his or her actions exacerbated the injuries.

Seek Representation from a Skilled Lawyer

These “myths” show that there is no such thing as a “clear-cut” personal injury or car crash case. Instead, your ability to recover compensation will depend on your ability to highlight the other party’s negligence while minimizing your own. Contact an experienced DuPage County car accident attorney at Martoccio & Martoccio for assistance with preparing and presenting your case for compensation. Our team will help you obtain the maximum amount of compensation possible given the facts and circumstances of your case.

Rollover accidents can happen in any vehicle, in any weather, and under any circumstances. However, they are more common in certain situations and in specific vehicles. You can improve your chances of surviving such accidents by understanding these situations, and knowing which vehicles may be problematic.

How Serious is the Problem?

Estimates from Consumer Reports suggest that only about three percent of all serious crashes involve the rollover of a vehicle. However, these accidents account for about 30 percent of all traffic accident fatalities. Those at the greatest risk are those who are unbelted since rollovers can result in one being tossed throughout the cabin or ejected from the vehicle. Yet, even belted drivers can suffer serious injury or death.

The U.S. Food and Drug Administration (FDA) is one of several federal organizations tasked with keeping American consumers safe from dangerous products. As its name implies, the agency is primarily responsible for ensuring the products meant to be consumed as food, drink, or medicine will not lead to serious illness or death. While the FDA is typically limited in its authority to order the recall of a particular product, manufacturers, producers, and distributors typically comply with requests and warnings by the administration. This week, however, one company is showing reluctance to issue a recall, despite claims by the FDA that a tablet intended for babies may contain a harmful substance.

Warnings Related to Belladonna

Near the end of last week, the FDA issued a public warning to parents regarding homeopathic teething products under the Hyland’s brand name. Specifically, the agency expressed concerns over inconsistent levels of belladonna in Hyland’s teething tablets. This marks the third warning pertaining belladonna by the FDA since 2010 and the second in four months. Belladonna is a toxic substance extracted from the nightshade plant and has been linked with nervous system problems, including seizures, spasms, hallucinations and death.