Koester Law, PLLC remains open for business and strongly committed to fully advocating for our clients through this difficult time in our Champaign-Urbana community and across the Illinois.  We are actively representing our current clients as well as talking to new clients every day during this pandemic. While we have implemented significant guidelines to protect the health and well-being, of our employees and our clients, we are most certainly open for business. Whenever possible, we are conducting telephone conversations with new and current clients as well as using top CDC recommended measures for sterilization and social distancing. Our legal team is utilizing the most advanced technology to serve our community and injured victims while many of our employees work from home. To this end, we are available for video conference calls using Zoom, FaceTime, Skype, Google hangouts, or any other method that is convenient to our existing clients and to automobile accident and injury victims throughout Champaign Urbana in Central Illinois. Additionally, we will be keeping our normal business hours and all calls to the office number, 217-337-1400, will be immediately answered and access to our attorney team and legal professionals will not be restricted in any way during the COVID-19 shelter in place measures.

Koester Law, PLLC has provided the utmost level of service to our personal injury and business clients since 1895–through both the good times and the bad. We have put a great deal of thought and technological investment into our COVID-19 pandemic response plan and we look forward to continuing to help our clients and new clients in the days and weeks to come. Do not hesitate to get in touch with us if you have any questions or have been the victim of negligence.

Highway-Rail Collisions

Illinois has the second highest number of highway-rail crossings in the United States. Many of these are in rural areas with unmarked railroad crossings which is why there are a large number of accidents and fatalities in Central Illinois and Champaign Urbana. Of the 7,696 highway-rail grade crossing in Illinois, 773 of those are located on state roads and 6,923 are on local roads. There are also 2,673 highway-rail grade-separated (bridges). 3,791 grade crossings and 141 bridge structures in the state of Illinois are on private property, which are not under the jurisdiction of the state. Illinois is also home to 98 pedestrian grade separated crossings (bridges) and 346 pedestrian grade crossings.

By statute, the Illinois Commerce Commission (ICC) is responsible for the safety of public highway-rail crossings in Illinois. Costs of safety improvement are paid by the state, the railroads, and local governments. The Illinois Department of Transportation through the State Road Fund pays the majority of the costs for public highway-rail crossings located on state roads. Costs for public highway-rail crossings on local roads are handled by the Grade Crossing Protection Fund.

There were approximately 107 collisions at public railway crossing in Illinois in 2014. The majority of incidents involve trains colliding with cars. However, in 2014, 23 out of the 107 collisions involved a motor vehicle driving into the side of a train. 22 fatalities occurred in Illinois in 2014. 2 of those fatalities occurred in Champaign County which would be wrongful death cases should litigation ensue.

Illinois Highway-Rail Grade Crossing Collisions

*statistics from ICC Crossing Safety Improvement Plan FY 2016-2020 Plan

According to the Federal Railroad Administration Office of Safety Analysis, 117 highway-rail incidents occurred in Illinois, resulting in 16 fatalities in 2015. 4 of those incidents including 1 fatality occurred in Champaign County. A highway-rail incident is defined as any impact between a rail and a highway user at a crossing site, regardless of severity. Incidents include motor vehicles and other highway/road/sidewalk users at both public and private crossings.

http://safetydata.fra.dot.gov/officeofsafety/publicsite/Query/AccidentByRegionStateCounty.aspx

http://safetydata.fra.dot.gov/officeofsafety/publicsite/Query/AccidentByRegionStateCounty.aspx

How Can You Easily Avoid Railroad Crossing Accidents?

Drivers can adhere to these common sense steps to avoid an accident with a train or train tracks–and hopefully avoid having to hire an accident attorney all together:

1. In a race, the train always wins. Trains move faster than they appear, and even at lower speeds, any time a train, passenger or freight, collides with an automobile, the train wins. It goes without saying that if the train is actually crossing, you should wait for it to pass before crossing.
2. Don’t “cheat” the lowered gates. It can be tempting to simply drive around lowered railroad crossing gates. Despite the fact that you may not actually see the train, closing speed can be very fast. This applies to situations when you find yourself waiting for an extended period of time at a crossing with no trains in sight. If the wait is unbearable, call the railroad 800 number to report the situation and find the closest functional crossing. The lost time is not worth losing your life.
3. Come to a full stop at all crossings. Railroads are a constant fixture in the Central Illinois landscape. It may be tempting to blow through a railroad crossing , particularly if there is not a train in sight. Just remember, in a tie between a tran and a car, the train wins, and at over 60 miles per hour, the closing time is very fast. To avoid a collision, always come to a full stop at every crossing–even if a train is not present.
4. If you get stuck on the tracks at a railroad crossing, just leave the car. After exiting the tracks, and the zone of danger, look for the 800 number posted at the crossing. After alerting the railroad, call 911 and tell the local first responders. Then stay away from the stranded car to avoid injury.
5. Remember that a train’s stopping distance is very long. A freight train moving at 55 miles per hour may need up to a mile to stop. Couple this fact with the fact that visibility is not always miles, and you are left with a situation where you as the driver of the car are in the best positions to avoid the collision.

As always out personal injury team at Koester Law, PLLC is here to help you recovery for a train collision or railroad crossing case, or just answer any of your questions along the way.

Most business owners and homeowners purchase insurance to protect themselves financially from personal injury cases.  Additionally, most mortgage lenders as well as commercial property lenders require such insurance coverage to protect their investments.  After all, insurance companies have plenty of funds, and policy owners should never feel bad about filing claims.  This process both protects the property owner, and allows the victim of premises liability negligence to recover.

For instance, if a leaking air conditioning condenser leaks water onto the floor of a business, or a home, and a business invitee, or home invitee falls on the water and breaks their hip, the insurance company, not the property owner, will likely pay for the injuries to the victim.

Despite the fact that the process is simple, insurance companies are loathe to pay any sort of claims and will do everything in their power to make sure that victims of negligence go empty-handed.  This includes posting many so-called “news” stories about faked slip and fall accidents.  Even though hardly anybody fakes an injury for compensations,  Thus, after a slip and fall, or any sort of premises liability situation, it is important to take actions to maximize your recovery.

It is important to know what actions to take following the accident. The Central Illinois slip and fall lawyers at Koester Law, PLLC have found that certain elements can make a difference in these cases including the following:

• Contact emergency personnel if necessary, but absolutely file an accident or incident report with the business or property owner in writing.  It is important to file a report of some kind.  In fact,  it can even be a narrative on a piece of paper.  Insurance companies and defendants cling to the lack of an incident or accident report as a way to deny liability.
• Record the names, numbers, and addresses of all witnesses.  You or your lawyer will need to know what witnesses are involved.  Furthermore, trials can takes years to happen in some cases and witnesses can leave the area.
• Obtain the insurance information for all parties.  This means asking the business or home owner both if they are covered and by what company.  Most people do not have copies of their policy at the ready, so you or your lawyer will have to get this information from the insurance company directly.
• Photograph the scene of the accident.  Smartphones are perfect for this purpose.  Then the photos are readily available to insurance companies, who have a right to ask, and your lawyers.
• Hold onto all important information and documents.  This can be medical bills, medical records, accident reports, or even a journal or calendar that reveals the time and place of the slip and fall.
• Speak with an experienced attorney before talking with an insurance company.  The insurance company will try to hold you to a story about what happened. Insurance adjusters are also trained to force you to record a statement.

Refuse to talk to an insurance company without first speaking to a local premises liability lawyer. Ryan Bradley, Partner, Koester Law, PLLC

As always out personal injury team at Koester Law, PLLC is here to help you recovery for your slip and fall case, or just answer any of your questions along the way.

At Koester Law, PLLC our auto accident lawsuit team as well as our trucking accident litigators constantly see the carnage that can result from poor tire maintenance and worn out tires. It is understandable that Illinois drivers are reluctant to think about tires. A good set of tires can cost between $400 and $1,000. However when you realize that the tires on your vehicle are the sole connection that your car makes with the road, the cost seems more reasonable.

Are Your Tires Worn Out?

It is estimated that over 33,000 crashes occur each year as a result of tire degradation. Tire degradation is caused by (1) time, (2) ambient and operating temperatures, (3) flex fatigue, (4) partial pressure of oxygen in a tire and (5) constructing and compounding characteristics. Although recent tire degradation has received a great deal of recent press, it is not a new problem but one that is been studied vigorously since the 1980s. In fact, M. Pottinger wrote an article, “The Effect of Tire Aging on Force and Moment Properties of Radial Tires, in 1981 where he notes that “the physical properties of rubber such as modulus elongation, loss factors, etc. undergo significant changes over extended periods of time due to ozone, temperature, oxidation, humidity and other environmental factors.” Similarly, M.A. Jacobson addressed the aging effect tires in his 1982 article, “Accident Avoidance-How Age Deterioration Can Affect Car Safety”. He notes that the tread and sidewall rubber crack and harden due to age and exposure to sunlight, ozone, high temperatures and oxygen. A 1986 article, “The Aging of Tires – Influence on the Damage Frequency” by F. Nowakowski discussed a study of 146 tread separation failures and concluded that a correlation existed between tire age and tire failures. Nowakowski’s study advised that tires older than 6 years should be removed regardless of tread depth. A June 1988 press release from Goodyear Commercial Tire Management informed the pubic that stored tires age and can be rendered unusable just as tires left in the elements.

NHTSA & Tire Aging Tests

As a response to the Firestone tire failures, Congress asked The National Highway Traffic Safety Administration (NHTSA) in the Fall of 2000 to develop a “tire aging test” in order to evaluate the risk of failure during the life of a tire. The current regulation in 2000 only evaluated the life span and risk of new tires; tires that were already in use or were in storage were not regulated. On November 1, 2000, the Transportation Recall, Enhancement, Accountability, and Documentation (“TREAD”) Act was enacted which mandated that the NHTSA revise and update the safety standards for light-truck and passenger cars. The NHTSA reviewed the effectiveness of the current 2000 tire standards and then developed the NHTSA Tire Aging Test Development Project in 2002.

The NHTSA Tire Aging Test Development Project set out to prove two goals: (1) to understand service-related tire degradation over time and (2) to develop an accelerated, laboratory-based tire test which simulates real world tire aging and then allows the remaining structural durability of these test tires to be evaluated. The NHTSA expected that the highest level of tire degradation would take place in warmer climates and thus, Phoenix was the location chosen for the collection of on-vehicle tires. The NHTSA determined that changes in tire properties were due to two mechanisms: (1) thermo-oxidative aging and (2) cyclic fatigue during tire deformation. Thermo-oxidative aging occurs when the heat and reaction to oxygen causes the rubber compound and material interfaces of the tire to degrade. Cyclic fatigue leads to cracks and separations of the tire tread.

The NHTSA developed three methods of accelerated, laboratory-based tire testing to determine structural durability of aged tires. The first two methods (Michelin’s Long-Term Durability Endurance Test and Continental’s Passenger Endurance Test) were combined to determine tire aging and durability. Michelin’s test required the tires to be inflated to a mixture of 50% oxygen and 50% nitrogen and then run on a 1.707m roadwheel for up to 500 hours. Continental’s test required the test tires to be run on the 1.707m roadwheel under proprietary conditions for up to 240 hours. A test based on research by Ford was used for the third method which required that the test tire be inflated to a mixture of 50% oxygen and 50% nitrogen and then heated in an oven for a period of time in order to speed up the chemical reactions and test the material property changes. The heated tire was then later run on a road wheel in order to study structural durability changes.

New tires were then compared to the tires that had been aged in the laboratory setting. The NHTSA reported that over 95% of tire failures in its complaint database involved wire-coat skim compound, the tire tread and belt area, and the wire-coat wedge compound between the steel belts in the tire tread. These areas were studied in the most detail and it was found that increases occurred in the hardness, modulus, cross-link density and oxygen content. The ultimate elongation, peel adhesion and flex property also decreased over time.

The NHTSA then analyzed what variables had the biggest effect on the change in these properties. Data was then collected comparing the changes in properties to those tires taken from service in Phoenix to those tires used in the laboratory-based testing. The changes in the properties of the tire were higher in those tires used in the laboratory-based testing. The longest roadwheel test times showed the same level of change in property as the same tires used in Phoenix with a real world use of 1 to 3 years. A tire of 3 to 6 years of service in Phoenix had the same change in properties that a tire oven-aged had at the highest level. It was also found that hardness of type E, H and L tires increased during oven-aging and decreased during real world service in Phoenix or roadwheel testing in a lab setting.

Structural integrity was also tested based upon a method involving the oven-aging of tires and a stepped-up load test. Tires aged 3 weeks at 70°C had longer running times before failure than did tires aged at 60°C. C and L tires aged at 60°C at 8 weeks had no decrease in roadwheel time, despite the fact that L tires had the greatest loss in physical properties during aging tests. B and D tires had failure times below 100% load only at aging times of 8 weeks at 65°C. These same model tires had a predicted failure rate below 100% after 5 or more years of service in Phoenix. E tires used for 3 to 4 years of service in Phoenix or oven-aged for 8 weeks at 65°C produced failures below 100% of the maximum rated load for the tires. H tires used for 2 to 3 years of service in Phoenix or oven-aged from 6 to 8 weeks between 60°C and 70°C resulted in failure below 100% of the maximum rated load for the tires.

Tires: How Old Is Too Old?

The National Transportation Safety Board (NTSB) studied several aged tire-related crashes in 2014. They found that aged tires are often used well beyond safe service lives. For example, in the February 15, 2014 Centerville, Louisiana crash between a school bus and a SUV, it was determined that the SUV’s driver lost control of the car after the right rear tire’s tread separated. It was determined that the SUV’s tire was approximately 12.5 years old. The crash resulted in the death of 4 people and injuries to 34 others. The NTSB also determined that recalled tires tend to remain in service several months after a recall is issued. For example, a 15-passenger church van rolled over on February 21, 2014 in Lake City, Florida resulting in two deaths and severe injuries to several minor children. It was determined that the crash was likely caused by a left-rear tire failure. The NTSB investigation determined that that the tire had been recalled for a known safety defect approximately one and half years before the crash but had continued to remain in service.

The National Highway Traffic Safety Administration (NHTSA) estimated that tire aging may have contributed to 23% of tire-related crashes. Despite their years of research, the NHTSA has not defined what is an “appropriate” tire age but merely refers to vehicle and tiremaker recommendations. “The British Rubber Manufacturers Association (BRMA) recommended in June 2001 that tires over six years of age should not be put into service and that all tires should be replaced ten years from the date of their manufacture. However, the BRMA notes that even an inspection by a tire expert may not reveal the full extent of tire deterioration.” Ford noted in its 2006 MY owner’s manuals that “tires degrade over time, even when they are not being used on the road. It is recommended that tires generally be replaced when they are six years or older.” Chrysler’s 2006 Owner’s manuals contained a similar warning noting that “tires and spare tires older than six years could result in sudden tire failure resulting in loss of control that could lead to serious injury or death.” Tire Rack notes on its website that they believe street tires have a useful life in service of between six to ten years. It is no wonder why the general public may be confused as to when tires should be replaced.

Tire Recalls

The NTSB discovered that between 2009 and 2013, only 44% of recalled tires were actually removed from service and that only 20% of affected tires are returned to the manufacturer. Under the current recall system, tire identification numbers (TINs) are compared against TINs listed on recall notices. The problem here is that TINs are difficult to locate without the use of a professional vehicle lift because the number is listed on the inside of the tire’s mounted sidewall. Cross-referencing a TIN with an individual recall bulletin is also extremely difficult as no recall database searchable by TIN is in currently in existence. Unfortunately, this forces the consumer to rely on service shops and dealers to inform them of recalls. The NTSB has recommended the following improvements: (1) the printing of TINs on both sides of the tires, (2) requiring manufacturers to create TIN searchable recall databases on their websites, (3) requiring mandatory registration of all tires at the point of sale and (3) using radio frequency identification (RFID) chips and laser scan codes to transmit recall information. Congress recently passed “Fixing America’s Surface Transportation Act” (FAST Act) which implemented NTSB’s proposed improvements #2 and #3. However, the FAST Act does not require computerized registration or NTSB’s proposed improvement #4 which would help ensure effective communication to consumers.

Conclusion

We know that tires will continue to degrade with (1) time, (2) ambient and operating temperatures, (3) flex fatigue, (4) partial pressure of oxygen in a tire and (5) constructing and compounding characteristics. We know that tires will continue to be put into service if they appear serviceable. Finally, we know that aged tire-related crashes will continue to occur until policies and practices are created and implemented by the government.

With the premiere of the Netflix Documentary, “The Bleeding Edge,” Illinois residents and those across the United States are finally becoming aware of a startling fact that Illinois defective product attorneys at Koester Law, PLLC have been monitoring for over a decade. Namely, that FDA approval does not make a medical device safe.

Pharmaceutical companies and medical device manufacturers are in business to make money. Many companies put profits over safety in order to keep shareholders happy. This attitude has dramatic and catastrophic impact on residents of Illinois who are victims of bad medical devices. Although the FDA and other regulatory entities have to approve these goods, defective products still reach the market. This is because drug and medical device companies do not always disclose all of the potential risks of the products they sell.

Our experienced products liability attorneys based in Champaign Illinois investigate claims related to defective drugs such as Uloric, Pradaxa, Xarelto, and Actos, and defective devices such as vaginal mesh, IVC Filters, knee implants, metal hips and other devices.

Koester Law, PLLC has decades of experience representing patients who have been harmed by defective medical devices and dangerous drugs. We have represented injured victims in Illinois and across the country.

Consumers should be educated about the risks associated with defective drugs and medical devices. An educated consumer, whether in Central Illinois or another state must do their research before filling a new prescription or agree to have a medical device implanted. Medical care providers are ready to help. Ask your doctor about the risks including side effects and history of recalls and poor performance. If you or a loved one has been injured by a defective device or drug, contact your doctor and Koester Law, PLLC.

Again, it is important to understand that a drug or medical device that has received approval by the Food and Drug Administration (FDA) does not necessarily mean it is safe for all uses for all people or that it is not defectively designed or manufactured. Drug companies are often known for marketing drugs for uses for which they were not originally approved. Medical device manufacturers know all of the loop holes in the federal approval process that can be used to bring a dangerous device to market faster. This is known as the 510(k) process.

At Koester Law, PLLC we have a team of attorneys, located at home in Champaign-Urbana, Illinois, dedicated to holding the medical device and drug industry accountable. We are constantly staying apprised with up-to-date information about dangerous products and continually updating our online resources. If you or a loved one has been injured from a defective medical device or drug, call Koester Law, PLLC or submit a claim– we have the experience to help.

What types of injuries happen during winter time in Illinois?

• Broken Bones
• Muscle Strains
• Sprains
• Fractures
• Concussion

Sidewalks and Entryways

Many homeowners are unaware that they are responsible for clearing the sidewalk adjacent to their home. While the your local government is often charged with clearing roads, typically, it will be the homeowners obligation to clear and salt the sidewalk. If you live in an apartment building, it will be the building owner’s obligation to clear the areas of ingress and egress.

Business owners should take care to clear and salt outside entryways. Moreover, customers often carry water, snow and icy on their shoes and clothes that end up on the entryway floor. The business owner should take care to monitor the entrance area and make sure it is routinely cleaned and mopped to avoid slip and falls. Customers should also be alerted to the possible danger with a caution sign.

Awnings and Covered Areas

Another area that poses risk to passersby is awnings and other covered areas. In cold temperatures, icicles hang from buildings. As temperatures rise, falling icicles may result in injury. Larger icicles falling from 30 feet or higher may result in serious injury or even death but even small icicles can cause harm. If your home or business has a covered area or awnings, you should take particular care to safely remove icicles. Individuals should take care to observe their surroundings while passing by buildings to prevent injury due to falling icicles.

Hopefully you can avoid injury as winter winds down. However, if you are injured because a home or business owner negligently failed to clear ice, snow, or icicles, from their premises, please contact us for a free consultation.

• Try not to use cruise control when driving on icy roads. This may seem like common sense, but cruise control causes accidents across Illinois in the winter and insurance companies will try to use the fact to pay less on your injury claim.
• Speed up and slow down slowly and with caution. Keep your head up and give yourself plenty of time to react.
• Double your normal following distance. Usually, it should be around four seconds. When the roads are slippery, increase it to around eight seconds.
• When going up a hill, make sure to get the inertia going before you reach the hill. Don’t try to power up the hill right when you reach it. When you reach the top, slow down and go down the other side with caution.
• Never drive when you’re fatigued. You don’t have to be tired to be fatigued and be a dangerous driver. Unfortunately this is a major problem in the trucking industry where drivers routinely drive tired and are forced to do so by their companies.
• Keep the temperature in your car comfortable, so that you’re able to concentrate.
• Always keep your gas tank half full. In addition, keep a safety kit with warm clothing, food, and drink. You will have a place to stay if you get stranded. ALso, make sure you have an ice scraper.
• Keep your local AAA or towing company’s number in your contacts.
• Never turn on the car until you make sure the exhaust pipe isn’t blocked by snow or mud. This can cause carbon monoxide to leak into the car.
• Keep up with your local weather forecast. Avoid going on long trips if snowfall is predicted.

If you’ve been the victim of a car accident, you’re probably entitled to more compensation than you think. Make sure to contact a law firm that has your best interests in mind, so that you’ll get the highest compensation possible.

Despite knowing that opioid pain relievers are addicting, the companies responsible for making and marketing the drugs continued to supply them liberally for years. During this time, these companies told doctors that the powerful narcotics were not addictive. Thus, many doctors were victims as well and this resulted in huge amounts of dependency.

However, the country is just starting to acknowledge our massive opioid problem and they are looking for someone to blame. If you have a loved one that got wrapped up in opioid addiction after being legitimately injured, can the doctor be held to blame?

It is a doctor’s duty to take the best possible route of care for all their patients, and if they breach this duty, then it can be considered a medical malpractice case. There have been cases in other states where doctors, and more specifically their insurance companies, have had to pay millions of dollars in damages for the over-prescription of opioids. These cases often take a long time and a lot of evidence, investigation and money to fund. Additionally, it is incredibly rare that only one doctor was prescribing opioids. Most individuals who are seeking narcotics visit many doctors and even cross state lines to do so before turning to illicit drugs and heroin purchased on the street. Most of the time the individual doctors are actually unaware for the amount of opioids that the addicted patient is actually taking.

In order to recover damages for a medical malpractice case of this nature, you would need to prove that the doctor prescribed a gross amount of opioids over a period of time and that the prescription kept being filled for longer than the injury needed. In cases where the doctors have been held responsible for opioid addiction, it was discovered that they fed the addiction for years without pursuing other, less addictive means of treatment. These cases represent only a small portion of the problem as the federal government and local law enforcement has worked tirelessly to shut down so-called “pill mills.” THis means that most of the time the prescribing doctor has to rely on an accurate medical history from the compromised patient and other objective forms of determination such as drug testing. This has put a great deal of strain on the system and made it very difficult for doctors, most of which are honest and diligent, to treat pain.

At Koester Law, PLLC, we believe that the manufacturers and distributors of opioids are truly the responsible parties in this epidemic. This is why we are representing counties and municipalities in Illinois along with our co-counsel firms. However, we are here to provide guidance to the families of opioid victims as well in every way we can.

Do you or a loved one need help? If you believe that it was your doctor’s fault that the addiction got so bad because they continued to wantonly prescribe you pills, then contact us today. We may be able to help you pursue a case of medical malpractice against your physician or provide some insight and closure about the issue. If you are a member of a county board, or part of the law enforcement community in an Illinois County or municipality, also feel free to reach out and we will meet with you about the pending litigation. This can help you recover damages so you or your loved one can get the treatment that they need.

Does maximum medical improvement mean that I have no permanent injuries?

The answer is no.  For example, assume that you fractured your back in an automobile accident.  You undergo surgery and physical therapy.  Finally, after months of treatment your spine surgeon establishes that you have reached your maximum level of improvement.  This determination does not mean that you will not suffer the repercussions of you injury for the rest of your life, but only that you not get any better.

For some, this point of maximum medical improvement comes when they are fully healed. Their compensation stops and they return back to work and normal activities. Unfortunately, for serious accidents, this moment of maximum medical improvement doesn’t mean they are fully healed. If you will no longer improve in condition, you will then be considered to have permanent impairment. In some cases, this means that person will never regain full range of motion in their shoulders, or it can be even more serious like a person no longer regaining the use of a limb. If this is the case, a doctor will examine your impairment to see if it will be considered partial disability or full disability. This percentage of disability will affect how much you can receive for the impairment.

If you have reached maximum medical improvement, but still are not fully healed, having your injury labeled as permanent will mean you can continue to collect a certain amount of compensation for that impairment. However, you can’t ask for this during your personal injury case. It is something that must be accessed after the healing is done. If you suspect you may have permanent impairment, this means you need to communicate that with your lawyer so the settlement has provisions to provide for permanent compensation just in case permanent impairment does manifest.  Koester Law, PLLC is an Illinois leader in receiving compensation for permanent injuries and building a case for such injuries.

If you have been hurt in an accident, you hope you won’t have long-term injuries, but if you do, you want a settlement that can cover it. If you have been hurt and need help with your personal injury case, contact us today.

Uses of Methylene Chloride

Methylene chloride is a chlorinated solvent used in a variety of industries and applications. It is primarily used in paint removers but also is used in aerosol formulations, in the manufacture of pharmaceuticals, as a degreasing agent, in metal cleaning, in electronics manufacturing and as an ethane foam blowing agent. The Environmental Protection Agency states that paint and coating removal poses some of the highest exposures among the various uses of methylene chloride.

Known Hazards of Methylene Chloride per Osha

• Short-term airborne exposure without proper safety equipment can cause headaches, dizziness, nausea, a “feeling of intoxication, and eye, nose and throat irritation
• Prolonged skin contact without proper safety equipment may cause irritation and even chemical burns
• Increased airborne exposure without proper safety equipment can cause suffocation, loss of consciousness, coma and sudden death.
• Animal studies have shown that long-term exposure to methylene chloride may lead to liver and lung cancer, as well as tumors in the breast and salivary glands
• May lead to early onset heart attacks and arrhythmias in workers with heart disease due to an increase in carbon monoxide.

The Occupational Safety and Health Administration (OSHA) warns that if a worker smells methylene chloride, then he/she has already been overexposed because methylene chloride cannot be smelled until the level in the air is higher than OSHA’s permissible exposure limits (25 ppm (parts per million) in an 8-hour time-weighted average or 125 ppm in a period of 15 minutes (short-term exposure limit)).

Warning on Products Containing Methylene Chloride

Current warning on the product, Goof Off Semi-Paste Pro Stripper

WARNING: Contains Methylene Chloride. INHALATION OF VAPOR CAN KILL YOU. DO NOT USE IN ENCLOSED AREAS such as basements, bathrooms or closets. SYMPTOMS MAY NOT BE NOTICEABLE. Avoid contact with eyes or skin, as severe irritation can occur.

DANGER! POISON. VAPOR EXTREMELY HARMFUL. MAY BE FATAL IF USED IN ENCLOSED AND UNVENTILATED AREAS. USE ONLY WITH ADEQUATE VENTILATION TO PREVENT BUILDUP OF VAPORS. MAY BE FATAL OR CAUSE BLINDNESS IF SWALLOWED. EYE & SKIN IRRITANT. Do not use in areas where vapors can accumulate and concentrate such as basements, bathrooms, bathtubs, closets or other small enclosed areas. Whenever possible use outdoors in an open air area. If using indoors open all windows and doors and maintain a cross ventilation of moving fresh air across the work area and across floor. IF STRONG ODOR IS NOTICED OR YOU EXPERIENCE DIZZINESS, EYE-WATERING, OR HEADACHE – STOP! VENTILATION IS INADEQUATE. LEAVE AREA IMMEDIATELY, AND GET FRESH AIR. IF THE WORK AREA IS NOT WELL-VENTILATED, DO NOT USE THIS PRODUCT. IF used properly, a respirator may offer additional protection. Obtain professional advice before using. Cannot be made non-poisonous.

Methylene Chloride has been shown to cause cancer in laboratory animals. Reports have associated repeated and prolonged over-exposure to solvents with neurological and other physiological damage. The risk to your health depends on the level and duration of exposure. Intentional misuse of this product by deliberating concentrating and inhaling vapors can be harmful or fatal. Avoid breathing vapors or mist and contact with skin, eyes and clothing. Do not swallow.

SAFETY DIRECTIONS: USE OUTDOORS IN AN OPEN AREA. It is dangerous to use this product indoors. If you must use indoors, cross-ventilate work area by opening all windows and doors and circulating fresh air through the work area to reduce vapor accumulations. Always wear chemical-splash goggles and chemical-resistant gloves when handling this product. A dust mask does not provide protection against vapors.

OSHA Safety Requirements for Methylene Chloride

• Gloves made of polyethylene vinyl alcohol(PVA)/ethylene vinyl alcohol (EVOH), or other laminate materials that are resistant to methylene chloride (required regardless of methylene chloride levels). LATEX, NITRATE, NEOPRENE AND POLYETHYLENE GLOVES DO NOT PROTECT AGAINST METHYLENE CHLORIDE. BUTYL RUBBER GLOVES DO NOT MEET THE REQUIREMNET OF THE OSHA METHYLENE CHLORIDE STANDARD BECAUSE THEY DEGRADE IN LESS THAN 1 HOUR.
• Outer gloves are also recommended to prevent cuts and tears to the inner methylene chloride-resistant gloves
• Methylene chloride-resistant aprons, sleeves and boots or shoe covers
• Chemical-resistant goggles or a face shield
• OSHA requires workers to wear a full-face atmosphere-supplying respirator when engineering and work practice controls cannot decrease methylene chloride levels below OSHA’s permissible exposure limits.

The EPA and Methylene Chloride

A 2015 study conducted by the Center for Public Integrity determined that methylene chloride exposure was responsible for approximately 56 deaths since 1980. The Environmental Protection Agency (EPA) conducted its own risk assessment of methylene chloride in paint stripping uses in 2014 and had proposed to ban the consumer and commercial paint stripping uses in January 2017. However, in June 2017, the EPA announced that it would not re-evaluate the paint stripping uses of methylene chloride. An EPA News release of May 10, 2018 announced that: (1) The EPA intends to finalize the methylene chloride rulemaking; (2) The EPA is not re-evaluating the paint stripping uses of methylene chloride and is relying on its previous risk assessments and (3) The EPA is working to send the finalized rulemaking to the EPA’S Office of Management and Budget (OMB) shortly.

Methylene chloride is one of 10 specific chemicals that the EPA chose to evaluate for changes to the Toxic Substances Control Act of June 2016. The new rules would require when a chemical poses an unreasonable risk that the EPA be required to take action within two years, with a possible extension of four years. If the chemical is assessed as unreasonably dangerous, then phaseouts and bans of this chemical must occur within five years of that assessment.

Methylene Chloride Bans Outside the United States

On May 6, 2009, the European Parliament passed Decision 455/2009/EC which banned the use of methylene chloride in paint strippers by private persons and commercial entities. Industrial uses are the exceptions to the decision but all products must be labeled accordingly.

Retailers and Methylene Chloride

News media have reported that Walmart, Lowes, Home Depot, Sherwin-Williams, Menards, Ace and Truce Value will no longer sell paint strippers made with methylene chloride or N-methyle-2-pyrrolidone (NMP) in its United States, Canada, Mexico and Central America stores and will cease the selling of these products on its e-commerce sites as of February 2019.

If you are someone who often walks places, you have likely see

n that some drivers simply do not pay proper attention to pedestrians. This problems presents itself in almost every city in Illinois. While drivers should share in the responsibility of ensuring that pedestrians get to their destinations safely, there are several things that you can do as a pedestrian to decrease your chances of getting hurt.

• Use sidewalks when they are available. When there are no sidewalks available, walk on the far left side of the road. You will be out of the way of traffic, and you will be able to see oncoming traffic better.

• Always cross at crosswalks when they are available. When possible, you may even want to cross at a stop light that has pedestrian lights. Do not cross the street until it is safe to do so even if you should have the right-of-way.

• Make yourself visible to drivers. One of the big keys is that you should never suddenly come out from behind something, such as a parked vehicle or even some bushes by the side of the road. If drivers can’t see that you plan to cross the street, they will not know to stop for you. Being visible to drivers also includes wearing bright clothing during the day. At night or during bad weather, you should wear reflective clothing. For extra safety, especially if you are walking in a poorly-lit area, you may want to also use a flashlight.

• Always look both ways before crossing the street, and teach your children to do so as well.

• Never assume that a driver has seen you. Even if you have the right-of-way, make sure all drivers have stopped before you attempt to cross the street. You may even want to make eye contact with drivers to ensure that they have seen you and that they know that you plan to cross the street.

• Consider the weather and adapt accordingly. If visibility is reduced because of rain, snow, fog, or other weather conditions, you will want to be extra careful when crossing the street. Wet or icy roads may also make it harder to safely cross the street.

• Get rid of distractions. Yes, that means you should put your cell phone down. You should also avoid walking with headphones on or while reading a book. When walking, you should always be a fully alertpedestrian.

Unfortunately, some drivers do not always pay attention to pedestrians. Automobile on pedestrian accidents keep hospital emergency rooms crowded in Illinois. If you are a pedestrian who was injured in an automobile accident caused by an inattentive driver,

Stay Put

Yes, it can be tempting to chase after the other driver. After all, you don’t want the other person to get away with hitting your vehicle and causing damage and pain and suffering. Chasing after the other driver is not going to solve the problem, though. In your angry state, you may cause another crash. Furthermore, Illinois law does not allow you to break other rules of the road in pursuing another individual. Instead, do you best to gather all of the information and details about the other car as you possibly can and write them down as quickly as possible. You can record these details in your phone, or even do a voice recording and take pictures. This make the Police’s job easier in apprehending the other driver and allowing you to recover. Stay where you are, and check for injuries to yourself and others. Allow the police to find the hit-and-run driver.

Contact the Police and Your Insurance Company

Call the police as soon as possible after the accident. Provide them with as much information as you can about the driver and the accident. Unfortunately, hit-and-run accidents often catch people by surprise. You may not be able to get the vehicle’s full license plate number. You may not have a complete description of the driver. Remember as much as possible about the vehicle and the driver as you can, though. Information about the direction the person is traveling will also be helpful to police. Potential damage to the vehicle may also aid the police in finding the hit-and-run driver. Finally, make sure you have a firm description of the make, model, and color of the other car. The Police are very good at finding cars and criminals in Illinois and even the most minor detail is often enough for them to do their job.

Additionally, your insurance company may also be liable to assist you financially and to compensate you for your injuries after a hit and run accident in Champaign Urbana or across Illinois even if you do not know the other driver’s identity. Uninsured or underinsured motorist coverage is purchased for this reason.

Find Witnesses

Even if you are not able to provide adequate information to the police, witnesses may be able to fill in the blanks. If possible, ask anyone nearby who witnessed the accident to stay around and provide a report to the police. Nearby security cameras may also be able to help the police identify the person. Also, don’t forget than any passengers in your car are also witnesses as well as victims.

If you were injured in an accident where the other driver fled the scene, contact us. We will work to help you get the compensation you deserve. If you have specific questions, feel free to visit Koester Law, PLLC’s ever-expanding database of Champaign Auto Accident Frequently Asked questions for guidance.

Three General Types of Product Liability Claims in Illinois

There are three different types of product liability claims. The first is a pharmaceutical claim. This is when medication contains a harmful ingredient that could cause harm to your health. Examples of these types of claims are the defective drugs Xarelto and Pradaxa which bad drug lawyers at Koester Law, PLLC are actively pursuing.

The second is the product manufacturing or design flaw claim. This could be a manufacturing or design flaw that causes injury. For example, a faulty cord on a blow dryer or faulty brakes on your car that caused your injury fall into this category. Additionally the dangerous and recalled knees and hips produced by DePuy and Stryker are defectively designed and manufactured.

The third is a marketing defect. This is when a company makes promises about their product that are untrue. This includes inadequate safety warnings, improper labeling or insufficient instructions. If the knowledge you have on how to use a product is incorrect and it causes your injury, the manufacturer or company could be at fault. The State of Illinois regulates these types of claims as does the Federal Government and the regulations can be very complex. This is why Koester Law, PLLC recommends hiring an experienced product liability lawyer locally to assist you.

You May be Entitled to Compensation for your Injuries in Illinois

If you feel that one of the above defects is enough to file a product liability claim, you can commence legal action. It’s best to contact us for more information and set up a consultation to discuss the circumstances surrounding your incident. There are many components that go into a product liability claim, so it’s best to seek legal representation from those who are experienced in personal injury lawsuits for your best chances of success.

The Champaign Urbana accident lawyers at Koester Law, PLLC have seen these startling statistics first-had in representing the victims of auto accidents and their families.

The suggestions call for cell phone manufacturers and carriers to develop smartphones that can link to an in-vehicle system, which darkens the mobile phone screen and disables cell phone features. An effort such as this should prevent a driver from using their smartphone while driving. When a device can’t get paired with an in-vehicle system, the National Highway Safety Administration suggests that mobile phone manufacturers and carriers include a “driver’s mode” function, which allows drivers to disable their phones during vehicle operation.

Automobile accidents and safety efforts affect every driver. Many states are increasingly producing case law whereby proof of distracted driving established prima facie evidence of negligence. The case law in some states even extends to distant third parties who knowingly text a person while they operate a vehicle. Until the technology reaches a point where car manufacturers and cell phone manufacturers can combine their efforts with certainty to reduce distracted driving and increase driver safety, it’s incumbent upon a driver to utilize available technologies to reduce distracted driving.

In Illinois, and particularly in Central Illinois and Bloomington and Decatur, when you get injured in a car accident, and a distracted driver caused the crash it’s important to let an experienced personal injury attorney manage your claim. This is particularly important Your injury entitles you to monetary compensation for your economic and non-economic damages. Contact us, and get the compensation that you deserve.